Resolution No. 7627Y
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RESOLUTION NO. 7627
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND MSW CONSULTANTS FOR SERVICES
RELATING TO AB 939 COMPLIANCE AND FRANCHISE FEES
WHEREAS, the City of Vernon is required by the Integrated
Waste Management Act and its amendments (AB 939) to divert the
percentage of refuse going to landfills from Vernon generators by fifty
percent (50%), to implement certain waste diversion programs described
in its Source Reduction and Recycling Element and to submit an Annual
Report to the California Integrated Waste Management Board; and
WHEREAS, MSW Consultants represents that it is qualified to
perform such services and has specialized knowledge and experience in
advising public agencies on solid waste issues; and
WHEREAS, in the past, the City retained the services of
Hilton Farnkopf & Hobson, LLC ("Hilton") to develop a solid waste
franchise agreement and to assist the City in complying with the
requirements of AB 939 pursuant to Resolution No. 7161 adopted on June
123, 1998; and
WHEREAS, the principals of MSW Consultants have provided
services to the City in the past when they were affiliated with Hilton
and thus should be able to more efficiently and effectively provide the
services now required by the City; and
WHEREAS, the Finance Committee on September 26, 2000, approved
the recommendation of Bruce V. Malkenhorst, Director of Finance, dated
August 29, 2000, that the City retain the services of MSW Consultants
for services relating to AB 939 compliance and franchise fees; and
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WHEREAS, the City of Vernon and MSW Consultants desire to
enter into a Consulting Services Agreement pursuant to Section 2.27 of
Ithe Vernon City Code.
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
correct.
SECTION 2:The City Council of the City of Vernon hereby
approves the Consulting Services Agreement, a copy of which is attached
hereto as Exhibit "A" and made a part hereof.
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.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to transmit one fully executed
jAgreement to:
.MSW Consultants
Attn: David L. Davis
41689 Enterprise Circle North, Suite 222
Temecula, CA 92590
SECTION 5: 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.
APPROVED AND ADOPTED this 3rd day of October, 2000.
ATTES
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAJIURG, Mayor
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x
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST,.City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7627, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, October 3.
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
I(SEAL)
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EXHIBIT A
X
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made, entered into and executed in
.duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this day of
September, 2000, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND MSW CONSULTANTS,
(hereinafter referred to as the
"Consultant")
41689 Enterprise Circle
North, #222
Temecula, CA 92590
WITNESSETH
WHEREAS, the City is required by the Integrated Waste
Management Act and its amendments JAB 939) to divert the percentage of
refuse going to landfills from Vernon generators by fifty percent
(50%), to implement certain waste diversion programs described in its
Source Reduction and Recycling Element and to submit an Annual Report
to the California Integrated Waste Management Board; and
WHEREAS, the City desires to retain the services of a
consultant to provide assistance to the City in complying with AB 939
and to provide franchise fee review services; and
WHEREAS, the Consultant submitted a proposal to City dated.
July 31, 2000 (the "Proposal") which includes a description of
proposed services and a cost proposal; and
WHEREAS, Consultant represents that it is qualified to
perform such services under this Consulting Services Agreement
(hereinafter "Agreement"); and
WHEREAS, Consultant is willing to render such professional
services as hereinafter defined.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
I. SCOPE OF SERVICES.
The Consultant shall perform the services outlined in the
Proposal, which is attached hereto as Exhibit "A" and incorporated
herein by reference. It is understood and agreed that in the event of
a conflict between the Proposal and this Agreement, the terms of this
Agreement shall prevail.
II. USE -OF SUBCONTRACTORS
It is understood and agreed that Consultant will subcontract
a portion of the work to Eugene Tseng & Associates and Chan
Accountancy Corporation, but that Consultant is solely responsible for
the performance of this Agreement, including performance of any tasks
by said subcontractors. The Consultant may only engage other
subcontractors to complete the work described in the Scope of Services
with the approval of the City.
III. TIME OF PERFORMANCE.
Consultant's services herewith shall commence upon signing
of the Agreement and shall be completed by June 30, 2002, unless
terminated or extended.
IV. COMPENSATION.
1. Fee for Services. The City shall compensate the
Consultant pursuant to the rates and costs as set forth in the
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Proposal for the services performed, in a total sum not to exceed
$135,000.00 in fiscal year 2001 and $92,000.00 in fiscal year 2002.
2. Expenses. Expenses may only be billed if they
have been approved in writing, in advance, by the City Administrator.
V. METHOD OF PAYMENT.
Within thirty (30) days after the last day of any month in
which services have been performed or costs incurred hereunder, the
Consultant shall submit an invoice to the City stating the amount due
the Consultant. Invoices shall contain an itemization of services
rendered, directly related job expenses and subcontract charges
incurred by the Consultant and for which compensation is due.
Consultant shall be responsible for paying any subcontractors used in
the performance of this Agreement. Subcontractors shall not bill the
City directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days of receipt. The City's
approval of the invoice shall not be unreasonably withheld.
VI. CHANGES AND EXTRA SERVICES.
The City reserves the right to request changes in the
services to be performed by the Consultant. All such changes shall be
incorporated in written change orders executed by the City and the
Consultant which shall specify the changes ordered and the adjustment
of compensation and completion time required thereof.
Any services added to the scope of this Agreement by a
change order shall be executed under all applicable conditions of this
Agreement. No claim for additional compensation or extension of time
shall be recognized unless contained in a duly executed change order.
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VII. PRODUCTS OF CONSULTING.
All documents, data, studies, surveys, drawings, maps,
models, photographs and reports prepared by Consultant under this
Agreement, with the exception of confidential information provided by
businesses located in the City, shall be considered the property of
City. Said documents and materials shall be delivered to City by
Consultant as they are generated; however, Consultant may take and
retain copies of said documents and materials as desired.
VIII. CONFIDENTIAL INFORMATION.
1. Access to Confidential Information. The City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning the City, or
businesses located in the City. The information may include company
information, taxes, sales, value of assets, or other such information.
All such information shall be known as "Confidential Information."
2. No Disclosure. Except as expressly permitted,
Consultant shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any
part of such Confidential Information to any other person or entity,
whether corporate, governmental, or individual, without the express
prior written consent of an authorized representative of the City.
Consultant shall return any written Confidential Information, and all
copies made of such items, to the City upon the city's written
request, but in any event not later than the date that the Consultant
has performed all services to be performed pursuant to this Agreement.
Consultant hereby agrees that such Confidential Information and any
documents provided may be used by Consultant only as authorized by the
City. Consultant shall take reasonable measures to avoid any
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disclosure of any such Confidential Information to any unauthorized
person.
3. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with legal
counsel in the appeal or challenge of any such order or subpoena.
Recipient may only disclose Confidential Information required to be
disclosed pursuant to court order or subpoena after legal counsel has
exhausted any lawful and timely appeal or challenge.
4. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent
jurisdiction against any breach or threatened breach of the
Confidential Information provisions of this Agreement. Consultant
acknowledges that in case of such breach or threatened breach of said
provisions, the City would have no adequate remedy at law.
IX. INDEMNITY AND INSURANCE.
1. Indemnification. The Consultant shall indemnify,
defend, protect and hold the City and its officers, agents and
employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders or judgments, and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of defense
arising out of the services performed under this Agreement, except to
the extent arising from or caused by the sole active negligence or
willful misconduct of the City, its officers, agents or employees.
2. Insurance. Prior to commencing work hereunder,
the Consultant shall provide the City with proof of insurance
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providing and maintaining the coverages and endorsements set forth in
the Insurance Schedule attached hereto as Exhibit "B" and made a part
hereof by reference. Said proof of insurance shall also provide that
said policy or policies shall not be canceled or materially reduced in
coverage without giving at least thirty (30) days prior written notice
to the City. Consultant shall not permit a subcontractor Vendor to
perform work on City premises unless and until a certificate of
insurance is obtained showing that such subcontractor or vendor has
worker's compensation coverage.
If consultant employs subcontractors as part of the services
rendered, consultant's protective coverage is required. Consultant
may include all subcontractors as insureds under its own policy or
shall furnish separate insurance for each subcontractor, meeting the
requirements set forth herein.
X. GENERAL PROVISIONS.
1.' Independent Contractor. At all times during the
term of this Agreement, the Consultant shall be an independent
contractor and shall not be an employee of the City. The City shall
have the right to control the Consultant only insofar as the results
of the Consultant's services rendered pursuant to this Agreement;
however, the City shall not have the right to control the means by
which the Consultant accomplishes services rendered pursuant to the
Agreement except to the extent that such services involve the use of
City property or Confidential Information.
2. Consultant Not Agent. Except as the uluy may
specify in writing, the Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent.. The Consultant shall have no authority, expressed or implied,
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pursuant to this Agreement to bind the City to any obligation
whatsoever.
3. Assignment Prohibited. Consultant may not assign
any right or obligation of this Agreement except with the express
written consent of the City. Any other attempted or purported
assignment of any right or obligation pursuant to this Agreement shall
be void and of no effect.
4. Termination. This Agreement may be terminated by
the City on thirty (30) days written notice to the Consultant. The
effective date of cancellation shall be after the 30th day after said
written notice. The Consultant shall be entitled to the compensation
earned by it prior to the date of the termination notice, computed pro
rates up to and including that date, plus compensation for work
.performed during the thirty -day notice period and authorized in the
termination notice.
5. Notices. Any and all notices, demands, invoices,
and written communications between the parties shall be addressed to
the parties as follows:
CITYr THE CITY OF VERNON
ATTN: Bruce V. Malkenhorst
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058-0805
CONSULTANT: MSW CONSULTANTS
ATTN: David L. Davis, CMA
Principal
41689 Enterprise -Circle North, Suite 222
Temecula, CA 92590
Any such notices, demands, invoices and written
communications shall be (i) hand delivered, (ii) sent by telecopy and
mail, or (iii) sent by mail. Mail shall be conclusively deemed to
have been received by the addressee five (5) days after the deposit
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thereof in the United States Mail, postage prepaid and properly
addressed as noted above.
XI. ENTIRE AGREEMENT.
This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties with respect to the
subject matter herein. Each party to this Agreement acknowledges that
no representations have been made by any party which are not embodied
herein and that no other agreement, statement or promise not contained
in this Agreement shall be valid and binding. Any modification of
this Agreement will be effective only if it is in writing signed by
the parties.
XII. BENEFIT OF AGREEMENT.
This Agreement shall bind and benefit the parties hereto and
their heirs, successors, and permitted assigns.
XIII. GOVERNING LAW.
This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the City and the Consultant have
executed this Agreement by and through their authorized officers as of
the date first hereinabove set forth.
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ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
"CONS TANTS
By:
Title: Sole Proprietor
EXHIBIT A
MSW Consultants
A Team of Independent Solid Waste Professionals
41689 Enterprise Circle North, Suite 222
Temecula, California 92590
909/296-2839
fax 909/296-2849
e-mail: MSWconsultants4e?aol.com'
July 31, 2000
Mr. Lew Pozzebon
Director of Environmental Health
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Proposal to Provide. AB 939 Compliance
and Franchise Fee Review Services
Dear Mr. Pozzebon:
MSW Consultants is pleased to submit this proposal to provide AB 939 compliance and franchise
fee review services to the City of Vernon. This proposal descries the engagement's background,
objectives, scope of work, limitations, and fees, as well as the terms under which we will provide
our services to the City.
We believe that the two primary advantages we offer are our team members and our project
approach. The team members for this engagement will include Mr. David Davis, of MSW
Consultants, Dr. Eugene. Tseng, of Eugene Tseng & Associates, and Ms. Judy Chan, CPA, of Chan
Accountancy Corporation.
Mr. Davis is a Certified Management Accountant with over 13 years of experience in the field of
solid waste management. He has provided solid waste consulting services to over 40 local
government clients in the areas of cost of service analysis, rate setting, fee audits, program planning,
service procurement, and regulatory compliance.
Dr. Tseng is an environmental engineer and a licensed California attorney specializing in
environmental law. He has over 27 years of engineering experience in the municipal solid waste
and hazardous waste management fields. Dr. Tseng served as the Principal Investigator at UCLA
Extension in the development of the CI ,%O Adjustment Method. Dr. Tseng designed the
technical approach and developed the regulatory compliance measurement scheme used by
jurisdictions to measure their progress towards their AB 939 waste diversion goals.
Ms. Chan is a Certified Public Accountant. She has extensive experience in providing
municipalities and non-profit agencies with performance and compliance auditing, financial
auditing, and financial consulting services.
mcyCWd «;*W
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
July 31, 2000
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The primary goal of this project is for the City to be found by the CIVYMB to be in compliance with
AB 939. Our approach to achieving this goal will consist of two major tasks. The first task will
include continuing the City's program ofbusiness waste assessments. These business waste
assessments enable the City to assist its businesses in designing and implementing new waste
diversion programs that help to increase the City's overall waste diversion rate.
These business waste assessments also result in information that will enable the City to more
accurately estimate the total amount of waste generation in the City. The City's total amount of
waste generation is the standard by which the City's landfill disposal tonnage is measured against to
determine the City's diversion rate.
The second task will include reviews of the fee payment and disposal tonnage information reported
to the City by its franchised refuse haulers. The disposal tonnage reported to the City by the refuse
haulers will be analyzed and used to evaluate the reasonableness of the disposal tonnage reported to
the landfill, which, as described above, is used to calculate the City's diversion rate.
We cannot guarantee that the City will meet its 50% diversion goal. However, we believe that the
implementation of new recycling programs, and the enhancement of the accuracy of the City's
waste generation and disposal tonnage, will increase the likelihood that it will meet its goal.
We appreciate the opportunity to offer our services to the City of Vernon.. If you have any
questions, or if we can be of assistance, please feel free to contact me at 909/296-2839.
Sincerely yours,
r
David L. Davis; CMA
MSW Consultants
Boa
Proposal to the City of Vernon to
Provide AB 939 Compliance
and Franchise Fee Review Services
Table of Contents
1. Background and Objectives 1"
2. Scope of Work and Limitations 4
3. Project Team 8
4. Project Fees 10
Exhibit 1 11
Exhibit 2 12
Appendix A — Resumes and Client References
Proposal to the City of Vernon
to Provide AB 939 Compliance
and Franchise Fee Review Services
MSW Consultants
SECTION 1
BACKGROUND AND OBJECTIVES
Business Waste Assessments and the City's Waste Diversion Rate
Pursuant to the Integrated Waste Management Act and its amendments (AB 939),
the City of Vernon and all other jurisdictions in the State are required to divert 50%
of their waste from landfills by this year. Additionally, each jurisdiction is required
to implement certain agreed -upon waste diversion programs. These waste diversion
programs are described in each jurisdiction's Source Reduction and Recycling
Element (or SRRE).
Jurisdictions are required to submit an Annual Report to the California Integrated
Waste Management Board (CIWIviB). In its Annual Report, each jurisdiction
submits a calculation of its waste diversion rate, and describes the waste diversion
programs it has implemented and maintained during the previous calendar year.
To calculate a jurisdiction's diversion rate, the CIWJvo compares the total amount
of waste generated in a jurisdiction's Base Year to the amount of waste disposed at
the landfill from the jurisdiction. The percentage difference between the total
amount of waste generated in the Base Year and the amount waste taken to landfills
is the jurisdiction's diversion rate.
The CIWMB has found that many jurisdictions' original Base Year generation
amounts from 1990 were inaccurate. As a result, the CIWIAB has allowed
jurisdictions to revise their Base Year generation amounts by conducting waste
generation studies.
The purpose of these waste generation studies is to estimate the total amount of
waste generated in a jurisdiction. A waste generation study entails visiting a
representative sample of a jurisdiction's businesses and conducting on -site waste
assessments to measure each business' amount of waste generation. The
representative sample is then used to estimate the entire jurisdiction's waste
generation amount, which, when compared to the City's landfill disposal tonnage, is
used to calculate the City's waste diversion rate.
The waste assessment visits are also used to provide the businesses with assistance in
identifying yet to be recovered materials from the waste stream, and in establishing
new recycling programs. Although these waste assessments are generally conducted
to revise a jurisdiction's Base Year generation amount, a more important benefit is
often the additional waste diversion that results when new recycling programs are
"institutionalized" or made part of each business' standard operating procedures.
In recent years, the City has found that its 1990 Base Year generation amount was
not accurate. For example, based on the 1990 Base Year amount, the City's
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diversion rate was calculated to be negative 54% for 1996. As a result, in 1999, the
City conducted its fast set of business waste assessments and waste generation study,
which included a sample of 100 of the City's businesses.
The study found that many of the businesses in the sample had effective recycling
programs. The businesses in the sample were accomplishing enough waste diversion
such that -the amount of waste generation from the businesses in the sample alone
was sufficient to result in a citywide waste diversion rate of approximately. 40%.
Accordingly, the study revealed that the City's diversion rate for 1998 was, at a
minimum, approximately 40% (which was enough to meet the then -existing
diversion goal of 25%). Moreover, approximately 20 of the City's businesses applied
for and received WRAP awards (Waste Reduction Awards Program) from the
CIWMB.
Hauler Franchise Fee Audits and the City's Waste Diversion Rate
Businesses in the City of Vernon are able to choose to receive refuse collection
service from any of several competing refuse haulers. Each refuse hauler is required
to have entered into a standard non-exclusive franchise agreement with the City.
Under the terms of the standard agreement, the refuse haulers are to fulfill certain
requirements in exchange for the right to offer their services in the City.
The refuse haulers are required to carry certain levels of insurance coverage, train
their drivers to identify hazardous waste, report the amount of tonnage they collect
in the City, and remit to the City a gross receipts fee on a quarterly basis. The gross
receipts fee is equal to 10% of the amount that the refuse hauler collects from its
customers in the City.
The gross receipts fee from each refuse hauler varies depending upon the number of
customers each hauler serves in the City. Each hauler independently calculates the
amount of the fee it pays to the City. To verify that each refuse hauler has properly
paid its gross receipts fee, the City periodically conducts a review of each hauler's
financial and operational records.
In addition to verifying the proper payment of the fee, the City also reviews the
reported amount of tonnage collected by each of the haulers. The City compares the
amount of tonnage each hauler reports to the City, with the tonnage amounts that
are reported to the CIWMB by local landfills as originating in Vernon. The City
does this to evaluate the accuracy of the disposal tonnage that is reported to the
CIWMB. The disposal tonnage reported to the CIWIYO is used in calculating the
City's waste diversion rate and in determining whether the City is meeting its 501/o
waste diversion goal.
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Objectives
The City has asked MSW Consultants to submit a proposal to provide consulting
services during fiscal years 2001 and 2002 with the following objectives:
❑ Conduct waste generation studies to measure and monitor the City's total
amount of waste generation.
❑ Provide technical recycling assistance to a selected sample of the City's
businesses.
❑ Assist businesses with exemplary recycling programs in receiving WRAP awards.
❑ Prepare the City's Annual Reports for submittal to the CIWMB.
❑ Review the accuracy the refuse haulers' fee payments.
El Evaluate the reasonableness of the tonnage amounts reported by local landfills by
comparing them to the tonnage amounts reported to the City by the refuse
haulers.
❑ Gain an understanding of the extent to which refuse haulers are training their
drivers to identify hazardous material.
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SECTION 2
SCOPE OF WORK AND LUvRTATIONS
Scope of Work
To accomplish these objectives, we will perform the tasks described in the following
scope of work and shown in Exhibits 1 and 2.
Task 1— AB 939 Compliance
Subtask 1 1 — Perform business waste assessments
We will continue with the City's program of providing its businesses with technical
recycling assistance. We will conduct three waste generation studies. Each study
will include performing waste assessments for 100 of the City's businesses (for a total
of 300 businesses waste assessments). We expect to complete the first of these three
waste generation studies in July and August of 2000. We expect to complete the
second in February and March of 2001, and the third in February and March of
2002.
Our work will consist of contacting and visiting each of the businesses, interviewing
their staff regarding their waste management and recycling practices, and
documenting our findings. Additionally, we will assist the businesses we visit in
designing and implementing recycling programs. For those businesses we find that
already have exemplary recycling programs, we will assist them in preparing
documentation for the WRAP award nomination process.
Sub. k 12 Prepare Annual ROOM for Submittal to CIWMB
We will prepare the City's Annual Reports for 1999, 2000, and 2001. Based on
information we gather in our waste assessments, and based on the City's disposal
tonnage data we will calculate the City's waste diversion rate. We will complete the
PARIS forms that summarize the City's waste diversion programs. We will compile
workpapers to support the information we include in the Annual Reports. We will
respond to any inquiries regarding the Annual Reports from CIWMB staff.
" ' task 1.3 Special tasks required for the 2000 Annual Report
The City's Annual Report for 2000 (which will be submitted in August 2001) will
serve as the basis upon which the CIWMB will decide whether the City has met the
50% waste diversion goal. Accordingly, there are some special tasks that will need to
be performed to enhance the likelihood that the City's waste diversion rate will meet
or exceed the 50% goal in 2000.
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AB 939s diversion rate calculation methodology allows jurisdictions to deduct
certain tonnage from "regional diversion facilities" within their borders. These
regional diversion process recyclables that originate outside the jurisdiction. As a
result of this processing, these regional facilities produce a certain amount of residual
solid waste that is counted by the local landfills as originating in the jurisdiction in
which the facilities are located.
Therefore, the CIWMB allows jurisdictions with regional facilities to deduct this
residual disposal amount from their disposal tonnage amounts. Because this
deduction decreases the disposal tonnage amount, it results in a higher diversion
rate. Additionally, medical waste is not considered solid waste for purposes of
calculating a jurisdiction's waste diversion rate. As a result, the CIWNIB allows a
similar deduction for medical waste.
The City of Vernon has approximately 15 regional diversion facilities, and one
medical waste facility. We will contact each of these facilities and determine the
amount of tonnage the City may deduct pursuant to AB 939's regulations.
As previously discussed, the City's diversion rate in 1998 of 40% was based solely on
the waste generation from the businesses in the sample. However, the CIWMB
allows jurisdictions to extrapolate the waste generation from a statistically
representative sample of the jurisdiction's businesses and estimate the waste
generation for the entire jurisdiction. This generally results in a higher amount of
total generation for the City, and a higher diversion rate.
In or about July. 2001, we will compile the data we will have gathered from the City's
waste assessments 1999, 2000 and 2001 and calculate a statistically valid waste
generation amount for the entire City. This task will follow the CIWMB format for a
new Base Year generation study: We will prepare a New Base Year Petition, and
submit it to the CIWMB for its review and approval. We will be available to answer
any questions the CIWMB staff may regarding the City's new Base Year.
Task 2 — Review Franchise Fee Payments and Tonnage
Task 2.1 Summarize all feepayments and meet with City auarterIv
Once each calendar quarter, we will summarize the gross receipts, fee payments, and
tonnage amounts from the Quarterly Solid Waste Reports submitted by the City's
refuse haulers. We will analyze the amounts submitted by. the haulers by calculating
the gross receipts per ton for each hauler. Based on our analysis, we will select the
fee payments from approximately 8 haulers for review. We will obtain the City's
approval for the haulers we select.
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Task 2 2 Perform on site reviews of approximately 8 haulers per auarter
We will contact and visit each of the selected haulers. We will, on a sample basis,
review the support for the gross receipts and tonnage they report to the City. The
scope of our review for each hauler will cover the Quarterly Solid Waste Reports for
the three most recent calendar quarters.
We will verify the mathematical accuracy of each of the three Quarterly Solid Waste
Reports. We will compare the reported gross receipts (or gross billings) to the
company's cash receipts or billing system, as appropriate.
We will evaluate the company's method for segregating its customers in the City of
Vernon from the company's customers in other jurisdictions. We will do this by
selecting a random sample of the company's nearby customers that are outside the
City, and comparing the service addresses of those customers to the Thomas Guide
map book.
We will evaluate the reasonableness of the tonnage reported to the City. We will do
this by first gaining an understanding of the company's method for segregating its
tonnage in Vernon. We will compare, on a sample basis, the company's reported
tonnage to its tonnage record keeping system. We will also evaluate the company's
tonnage by comparing certain of its tonnage statistics (e.g., pounds per cubic yard,
etc.) to industry averages. We will also be available to answer any questions the
haulers may have regarding appropriate methods for segregating and/or estimating
their tonnage amounts.
During our site visits we will also survey the refuse haulers to determine whether
they have a program in place to train their drivers in the identification of and proper
handling of hazardous waste, as required by their franchise agreement with the City.
For those haulers that have such programs in place, we will obtain a brief description
of the program.
Subtask 2.3 Prepare summary reports of hauler fee reviews
We will prepare workpapers that document the work we performed and that support
our findings. We will prepare a brief (two page) summary report for each of the
reviews we perform. The summary reports will describes the work we performed
and our findings, and be suitable for including in the City's file for each hauler. Ms.
Judy Chan, of Chan Accountancy, will perform a quality review. of our workpapers
and our summary reports.
We will also prepare a report that describes the information we gathered about the
haulers' programs for training their drivers to identify and properly handle hazardous
waste. The purpose of this report will be to provide the City with an understanding
of the degree to which the haulers are complying with this provision of the standard
Page 6
agreement. Moreover, our inquiries will provide a reminder to the haulers that they
are required to provide this training to their drivers.
Subtask 2.4 Compare tonnage reported to the City to landfill tonnage reports
Each quarter, we will obtain the disposal tonnage reports for the three most recent
calendar quarters from the Puente Hills landfill and the Commerce Waste -to -Energy
facility. These reports summarize (by hauler) the amount of tonnage delivered to
each facility and recorded as originating in the City of Vernon. For each of the
refuse haulers we review each quarter, we will compare the tonnage on the landfill
reports to the tonnage they have reported to the City.
We will prepare a schedule showing this comparison, and review it with City staff.
We will work with City staff, the Los Angeles County Sanitation District, and the
refuse haulers to resolve any major discrepancies. In resolving these types of
discrepancies, the scope of our work will be limited to the number of hours we have
budgeted for this task in Exhibits 1 and 2. Should it be necessary to spend additional
hours, we would be pleased to do so on a time and materials basis. We will obtain
the City's written approval prior to proceeding with any additional work. Our scope
of work includes meeting with City staff once each quarter to report our findings and
discuss any outstanding issues.
Limitations
Our scope of work and our findings are subject to certain limitations. Our review of
the refuse haulers' fee payments and reported tonnage will be based upon the
procedures we described in Task 1 above. We believe these procedures will
efficiently accomplish the City's objectives. However, these procedures do not
constitute an audit in accordance with generally accepted auditing standards, the
purpose of which are to provide a opinion that the subject financial statements are
free from material misstatement. Accordingly, we will not provide such a opinion.
Secondly, although we will provide a brief description of each hauler's driver training
program regarding the identification and proper handling of hazardous materials, we
will not provide an opinion regarding the effectiveness of these programs. Further,
our work will not entail verifying the existence of these programs. Our
not report
held
illbe
solely based on the representation of the haulers. Accordingly,
responsible for any fines, penalties, or damages to the City resulting from the
improper handling or misidentification of hazardous materials.
Additionally, we believe our work in assisting the City with AB 939 compliance will
enhance the likelihood that the City will meet or exceed the 50% diversion goal.
However, we do not provide any guarantee that the City will meet its diversion goal
or be found -by the CIWMB to be in compliance with AB 939. Further, we do not
offer any indemnification against any fines, penalties, or other damages that may
result from the City being found not to be in compliance with AB 939.
Page 7
SECTION 3
PROJECT TEAM
MSW Consultants is a team of independent solid waste experts working in concert to
assist municipal managers in planning, implementing, monitoring, and evaluating
their solid waste programs. For purposes of this engagement, Mr. David Davis, who
will be doing business as MSW Consultants, will serve as the prime contractor to the
City. Dr. Eugene Tseng of Eugene Tseng & Associates, and Ms. Judy Chan, CPA,
of Chan Accountancy Corporation will serve as subcontractors to Mr. Davis.
Our team members are skilled professionals with extensive experience in the field of
integrated waste management. Our resumes and client references are included in
Appendix A of this proposal. A brief summary of our qualifications and experience,
and our roles in this engagement, are described below.
Mr. David L. Davis, CMA — Project Manager and Principal Analyst
Mr. David Davis is a Certified Management Accountant with over 13 years of
experience in the field of solid waste management. He has held key executive
positions in both the private and public sectors, and has provided management
consulting services to over 40 municipal clients in the areas of financial analysis, rate
setting, fee audit, service procurement, regulatory compliance, waste diversion,
facility feasibility analysis, and operational assessment. Mr. Davis is active in the
solid waste industry and is the Secretary/Treasurer the Southern California Waste
Management Forum.
Examples of Southern California solid waste clients whom Mr. Davis has served
include the cities of Burbank, Camarillo, Carlsbad, Carpinteria, Covina, Glendale,
Imperial Beach, La Canada Flintridge, La Quinta, Laguna Beach, Orange, Redondo
Beach, Riverside, San Bernardino, San Buenaventura, Santa Clarita, Torrance, the
Quad Cities (Dana Point, Laguna Niguel, San Clemente, and San Juan Capistrano),
Vernon, and the Western Riverside Council of Governments.
Mr. Davis will serve as the Project Manager for this engagement, and report to City
staff. Mr. Davis will perform the franchise fee reviews, prepare the summary reports,
and perform the reconciliation of the haulers reported tonnage to the landfill tonnage
data. He will oversee Dr. Tseng's work and attend all client meetings
Dr. Eugene Tseng — Project Engineer
Dr. Tseng is an environmental engineer and a licensed California attorney
specializing in environmental law. He has over 27 years of engineering experience in
the municipal solid waste and hazardous waste management fields. Dr. Tseng is
primarily involved with assisting cities comply with the requirements of AB 939. He
Page 8
works with the CIWMB, various cities, and waste haulers in providing training to
their staff on AB 939 programs and issues. Dr. Tseng designed the technical
approach and developed the regulatory compliance measurement scheme used by
jurisdictions to measure their progress towards their AB 939 waste diversion goals.
Dr. Tseng will serve as Project Engineer. He will coordinate his staff in performing
the business waste assessments. He will prepare the statistical estimate of the City's
new Base Year, and prepare the City's Annual Reports.
Ms. Judy Chan, CPA — Project Analyst
Ms. Chan is a Certified Public Accountant with 16 years of public accounting
experience.. Ms. Chan has extensive experience in providing municipalities and non-
profit agencies with performance and compliance auditing, financial auditing, and
financial consulting services.
Examples of the local government clients in Southern California served by Ms. Chan
include the cities of Buena Park, Desert Hot Springs, Escondido, Poway, Rancho
Mirage, San Marcos, South Gate, Stanton, and Vista.
Ms. Chan will serve as Project Analyst. She will perform a quality review of the
franchise fee review workpapers and summary reports.
Page 9
SECTION 4
PROJECT FEES
We will perform the tasks described in the above Scope of Work section for an
amount not to exceed $135,000 in fiscal year 2001, and $92,000 in fiscal year 2002.
Our Scope of Work is based on the hours and hourly rates shown in Exhibits 1 and 2
on the following pages. If the City requests that we perform tasks outside the Scope
of Work, we would be pleased to do so on a time and materials basis. Prior to
performing any tasks outside the Scope of Work, we will obtain written approval
from the City.
We will submit a single invoice each month with a summary description of the work
we performed and a list of the hours worked by each of the project team members
extended by their respective hourly billing rates. Out-of-pocket expenses (e.g., travel
mileage, travel expenses, etc.) will be billed at cost. Invoices will be due in 30 days.
Page 10
Exhibit 1
City of Vernon
AB 939 Compliance and Franchise Fee Review Services
Proposed Fees - Fiscal 2001
Team Member
Task Description
Subtotal
DavisECh.._
1 AB 939 Compliance
1.1 Perform 200 business waste assessments
0
1.2 Prepare 1999 and 2000 Annual Reports
0
1.3 Perform special tasks for 2000 Annual Report
0
Subtotal: Task 1 Hours
0
0
0
Subtotal: Task 1 Fees
$0
$0
$0
2 Hauler Fee Payment Reviews
2.1 Summarize all haulers fee payments quarterly
24
24
2.2 Perform on -site review of 8 haulers quarterly
198
198
2.3 Review workpapers and prepare reports
132
99
231
2.4 Compare tonnage; resolve discrepancies
132
132
Subtotal: Task 2 Hours
486
99
585
Subtotal: Task 2 Fees
$46,170
$9,900
$56,070
Total Hours
486
99
585
Hourly Rate
$95
$100
Total Fees
$46,170
$9,900
$56,070
Expenses
$930
Total Fees and Expenses
$57,000
Team Member
—
Subtotal
Tseng
Sr. Staff
Staff
giEnneer
24
16
96
800
936
48
16
32
0
96
24
16
64
0
104
96
48
192
800
1,136
$11,520
$4,320
$13,440
$48,000
$77,280
0
0
0
0
0
0
0
0
0
$0
$0
$0
$0
$0
96
48
192
800
1,136
$120
$90
$70
SW
$11,520
$4,320
$13,440
$48,000
$77,280
$720
$78,000
Annual
Total FY
2001
1 $77,280
1 $56,070
$133,350
$1,650
$135,000
Page 11
Exhibit 2
City of Vernon
AB 939 Compliance and Franchise Fee Review Services
Proposed Fees - Fiscal 2002
Team Member
Team Member
Annual
Subtotal
Sr.
Subtotal
Total FY
Task Description
Davis
Chan
:T-InEngineer
Sr. Staff
Staff
2002
1 AB 939 Compliance
0
12
8
48
400
468
1.1 Perform 100 business waste assessments
24
8
16
0
48
1.2 Prepare 2001 Annual Report
0
0
0
0
0
0
0
0
0
0
36
16
64
400
516
Subtotal: Task 1 Hours
$0
$0
$0
$4,320
$1,440
$4,480
$24,000
$34,240
$34,240
Subtotal: Task 1 Fees
2 Hauler Fee Payment Reviews
0
2.1 Summarize all haulers fee payments quarterly
24
24
0
2.2 Perform on -site review of 8 haulers quarterly
198
l98
0
2.3 Review workpapers and prepare reports
132
99
231
0
2.4 Compare tonnage; resolve discrepancies
132
132
0
0
0
Subtotal: Task 2 Hours
486
99
585
0
$0
0
$0
$0
$0
$0
$56,070
Subtotal: Task 2 Fees
$46,170
$9,900
$56,070
486
99
585
36
16
64
400
516
Total Hours
$95
$100
$120
$90
$70
$60
Hourly Rate
$46.170
$9,900
$56,070
$4,320
$1,440
$4,480
$24,000
$34,240
$90,310
Total Fees
S760
$1,690
Expenses
$930
$35,000
$92,000
Total Fees and Expenses
$57,000
Page 12
APPENDIX A
Resumes and Client References:
David Davis
Eugene Tseng
Judy Chan
SUMMARY OF QUALIFICATIONS
David L. Davis - Principal, MSW Consultants
Education
California State University - Fullerton, BA Finance 1983
Professional Certification
Certified Management Accountant (CMA)
Range of Experience
Mr. David Davis has over 13 years of experience in the field of solid waste management.
Mr. Davis' expertise lies in working with municipal managers to maximize the value of the
solid waste services provided to their ratepayers. He has held executive management
positions in both the private and public sectors, and has extensive experience in providing
business advisory services to local government in the field of solid waste management.
As a chief financial executive for local hauling and landfill divisions of a national solid waste
management company, Mr. Davis was responsible for financial reporting, budgeting, cost
analysis, billing and collections. He also managed the accounting and rate analysis sections
of the City of Riverside's Department of Public Utilities.
As a senior associate with a solid waste consulting firm, Mr. Davis has provided
management consulting services to over 40 municipal clients in the areas of rate setting,
service procurement, regulatory compliance, waste diversion, facility feasibility analysis, and
operational assessment.
Mr. Davis has specific experience in:
♦ Analysis and design of customer rates for refuse collection, transfer, processing and
disposal operations;
♦ Feasibility studies for waste processing, waste transfer and landfill gas projects;
♦ Evaluation of competitive proposals for waste collection, recycling, and transfer service;
♦ Verification of the proper payment of solid waste fees;
♦ Management reviews of solid waste operations;
♦ Analysis of public vs. private, operations;
♦ Evaluation of alternative waste diversion programs;
♦ Solid waste program planning and funding;
♦ Development of non-exclusive solid waste franchise systems; and,
♦ Evaluating internal management controls.
Page 1 of 6 David L. Davis
Solid Waste Rate Analysis and Design
Analyzed time and motion data from municipal refuse collection operations. Determined
the cost of automated residential and manual commercial collection service. Developed
volume -based rates for residential customers.
Analyzed the incremental cost and savings related to implementing curbside greenwaste
programs for several cities.
Developed computer spreadsheet models for several cities that allocate solid waste
operating expenses among various service types and jurisdictions.
Reviewed proposals for solid waste rate adjustments for over 20 municipal clients. This
included:
♦ Performing variance analysis and on -site detail testing of the service provider's financial
and operational records;
♦ Evaluating the reasonableness and logical consistency of revenue and expense
allocations;
♦ Evaluating the reasonableness of forecasted revenues and expenses;
♦ Making appropriate revisions to the proposed rate adjustments;
♦ Calculating new rates for various service types (i.e., residential, commercial, rolloff);
and,
♦ Presenting findings and recommendations to city staff and elected officials.
Analysis of Solid Waste Transfer, Processing, and Disposal Facilities
Developed a computer spreadsheet model to allocate costs and set tipping fees for a county's
two transfer stations and landfill. The model enabled the county to align the relationship
between transfer tipping fees and disposal tipping fees based on market conditions and the
county's operating costs. Developed a users' manual and trained county staff in the use of
the model.
Performed a feasibility study of a proposed waste processing and transfer facility. Estimated
the facility throughput and associated tipping fee for three alternative facility designs.
Performed competitive analysis of nearby waste transfer and processing facilities.
Determined the impact on residential ratepayers.
Evaluated an inter -agency agreement to participate in a proposed public -private partnership
'for waste transfer service. Performed a cost -benefit analysis and risk assessment, and
developed a negotiating strategy for a city.
Evaluated the reasonableness of waste transfer and mixed waste processing fees offered by a
private MRF operator to a city. Evaluated alternative waste transfer and disposal options
Page 2 of 6 liavia 1.,. uavis
available to the City. Performed a comparison of the proposed fees to the tipping fees from
similar nearby material recovery facilities.
Analyzed the feasibility and valuation of a proposed landfill gas co -generation project.
Evaluated public/private partnership alternatives to develop a MRF/composting facility.
The partners included a city and a county, two private haulers, and a local not -for -profit
recycler.
Procurement of Solid Waste Services
Developed a request for proposals (RFP) document and draft franchise agreement for
exclusive refuse collection and recycling service. Participated in public meetings to receive
City Council and community input regarding alternative service features.
Evaluated a sole source proposal to a city for exclusive residential, commercial, and
industrial solid waste collection and recycling service.
Evaluated a proposal to assign an exclusive refuse collection agreement to a group of
investors. This involved evaluating the financial capability and service history of the
investors, and presenting our findings and recommendations to city staff.
Conducted an analysis of two competing proposals to develop a material recovery facility
and transfer station. Analyzed financial as well as public policy and siting issues.
Prepared a response to an RFP for an exclusive residential refuse collection contract.
Developed bid prices and participated in subsequent contract negotiations; the contract
included residential collection, curbside recycling, yardwaste collection, waste oil and
household hazardous waste programs.
Developed criteria for a city for use in evaluating the qualifications of refuse collection
companies in connection with the issuance of a Request for Qualifications for exclusive
refuse collection service.
Verification ofFranchise Fee Revenue
Audited the receipts, disposal tonnage, and recycling tonnage of over 30 refuse collection
companies to verify their AB 939 fee payments to various cities.
Assessment of Solid Waste Collection Operations
Performed a comprehensive financial and operational review of solid waste services
provided by a franchised hauler, .including reasonableness of rates charged, verification of
fees paid to the city, reporting methods used at the recycling center, verification of proper
billing in accordance with approved rates, analysis of customer complaints, and evaluation
Page 3 of 6 David L. Davis
of the necessity of special service charges such as wheel -outs. Performed a route audit of all
bin service customers.
Conducted a performance review of a city's exclusive franchised hauler that included an
evaluation of the hauler's customer service, diversion reporting, and program
implementaton.
Supervised the evaluation of a city's residential refuse collection methods (both fully -
automated and manual hard -to -serve accounts), vehicle routing, and maintenance
operations.
Performed an assessment of the services provided to a city by its exclusive solid waste
service provider. This included reviewing the service provider's management structure,
personnel policies, billing procedures, internal controls, customer service, worker
productivity, and tonnage tracking procedures. It also included reviewing the service
provider's franchise agreements, compensation methodology, and rate structure.
Documented findings and recommendations, and prepared a report for the City Council.
Developed internal control procedures to coordinate a city's billing system with the service
provided by a disposal company. Converted a refuse collection company's manual route
books to a computerized system. Conducted route audits and time and motion analyses of
refuse collection operations.
Analyses ofPublic vs. Private Operations
Analyzed alternative.public/private partnerships to develop and operate a material recovery
facility. Obtained information about other public/private MRF partnerships. Developed
alternative public/private arrangements and identified advantages and disadvantages of each
on the projects stakeholders (i.e., county, city, refuse haulers, etc.).
Evaluation of Waste Diversion Programs
Evaluated the feasibility and estimated the cost of reaching 50% waste diversion without
using a material recovery facility. Confirmed the city's current waste diversion rate using
the method approved by the California Integrated Waste Management Board (CIWMB).
Estimated the cost impact of using various waste diversion programs (i.e., curbside
recycling, greenwaste, commercial and multi -family recycling, etc.) to reach the 50%
diversion goal.
Evaluated a city's incremental cost and additional waste diversion resulting from proposed
alternative residential recycling methods. The alternative methods included mixed waste
processing, co -collection, co -mingled collection, and greenwaste collection.
Page 4 of 6 David L. Davis
Evaluated the efficiency of various waste diversion options for a City. The analysis included
estimating and comparing the incremental cost per additional ton diverted for the various
waste diversion options.
Evaluated alternative greenwaste collection methods for a City. The various methods
included having residents provide their own containers, having containers provided by the
service provider, and having every other week service. Evaluated the incremental cost and
additional diversion for each method.
Solid Waste Program Planning and Funding
Developed and implemented a non-exclusive franchise system for refuse collection in a city
with over 50 independent hauling companies. This involved reviewing the city's solid waste
program costs, estimating the level of city-wide gross receipts, forecasting the franchise fee
revenues to the city, developing a standard non-exclusive franchise agreement, conducting
an orientation meeting with the city's refuse haulers, and developing application materials
and procedures for the haulers to enter into non-exclusive franchise agreements with the city.
Assisted a city in evaluating alternative solid waste service arrangements. This included
presenting city staff and a subcommittee of the city council with the advantages and
disadvantages of public vs. private service, exclusive vs. non-exclusive service, and city-wide
service vs. multiple service areas. Presented recommendations to the city council.
Analyzed the impact on system -wide refuse collection costs of alternative transfer station
and landfill facility siting scenarios for a regional association of local governments.
Developed a comprehensive financial model to calculate and analyze the system -wide cost
of collection, hauling, processing, transfer, transportation and disposal for several alternative
combinations of transfer stations, recycling facilities, and landfills.
Developed regulations for a city and county regarding the issuance of refuse collection
permits to contractors serving Federal facilities.
Public and Private Sector Financial Administration
Served as accounting/finance manager for a city's municipally -owned electric and water
utility. Responsible for accounting and rate analysis. Supervised the preparation of monthly
financial statements and annual budget. Developed an accounting system for a joint powers
agency with annual revenues of $30 million.
Served as controller for the hauling and landfill divisions of a major waste management
company. Responsible for budgeting, financial reporting, internal control, productivity
measurement, cost analysis, billing, collections, customer service, and office administration.
Served as a project controller for various capital projects, including a material recovery
facility, an office/maintenance facility, and a landfill expansion.
Page-5 of 6 vavia 1.,. tjavlb
rs
Professional History
MSW Consultants: Murrieta, California, Principal, January 2000 to present.
Hilton Famkopf & Hobson: Newport Beach, California, Senior Associate, 1996 to January
2000; Associate, 1992 to 1995.
City of Riverside: Riverside, California, Utilities Accounting/Finance Manager, 1991 to
1992.
Waste Management, Inc.: Lancaster and Hemet, California, Controller, 1986 to 1991.
Modern Alloys, Inc.: Stanton, California, Financial Analyst, 1983 to 1986.
Professional Organizations
Government Finance Officers Association (GFOA)
Southern California Waste Management Forum (Secretary/Treasurer)
Solid Waste Association of North America (SWANA)
Institute of Management Accountants (IMA)
Articles and Speeches
"Managed Competition: The Credibility Factor." Presented at SWANA's 37' Annual
International Solid Waste Exposition, October 1999.
"Comparing Waste Transfer, Processing and Disposal Alteo�Goves: A is em-wide
Solid Waste
Approach." Presented to the San Gabi el Valley Counci
Committee, March 31, 1997,
"Cost -Based Rates: The Route to Commercial Collection September/October Efficiency."
WManagement -
The,Tournal forMunicipal Solid Waste Profess o1996.
Continuing Education
Intermediate Government Accounting, GFOA, January 1999
Evaluating Privatization of MSW Management Services, SWANA, February 1999
Activity Based Costing for Strategic Decision Making, Target Costing and Benchmarking,
RvIA, February 1999
Cost Analysis of Evaluating Service Delivery, GFOA, March 1999
Successful Reengineering: People, Processes, Information and Innovation, IMA, April 1999
Page 6 of 6 David L. Davis
EUGENE TSENG AND ASSOCIATES
SUMMARY OF QUALIFICATIONS AND EXPERIENCE
SECTION l: COMPANY DATA
Eugene Tseng
E. Tseng and Associates
30023 West Rainbow Crest Drive
Agoura Hills, California 91301
Telephone (818) 889-8628
FAX (818) 889-5458
Bachelor of Science (Engineering, Materials Science/Environmental), UCLA 1973
Juns Doctorate, University of La Verne, 198
Program of Instruction for Lawyers, Harvard University, 1986
The proposer is a Minority Business Enterprise. The Proposer's Los Angeles business tax
license number is 9208762-79. E.Tseng and Associates is registered as an MBE in the
City of Los Angeles and with the City of San Francisco.
SECTION 2: SUMMARY OF QUALIFICATIONS AND EXPERIENCE
E. Tseng and Associates is uniquely qualified to provide the wide range of technical
aste
assistance in municipal solid waste management projects and hazardous w ence in corporate
management projects. The firm also has extensive experirate
environmental management issues dealing with environmental compliance, corpo
greening and green marketing.
The firm's founder, Eugene Tseng is an environmental engineer and alicensed a l fon g
attorney specializing in environmental law. He has over 27 years
experience in the municipal solid waste and hazardous waste management field. Mr.
Tseng has extensive mechanical process design and site layout experience for materials
recovery facilities and refuse -derived -fuel facilities as well as lon Development
plants and
composting plants. Mr. Tseng was selected by the United Nations
Programme to be their international specialist in municipal solid waste and hazardous
waste management to assist developing countries in organizing their
enviLaw professor
regulatory, industry, and educational programs. Dr. Tseng is an Adjunct
of Environmental Law at the University of La Verne School of Law.
Mr. Tseng has extensive experience in developing training seminars and 'workshops e
critical issues on the environment. He has organized workshops
California Integrated Waste Management Board, City of Los Angeles, the EPA, and the
California Department of Health Services, and with the University of California at Los
Angeles. He also assisted in developing workshops to provide training on solid waste
issues to journalists specializing in environmental news.
E. Tseng and Associates provided technical oversight and management forte City
ared
of
Los Angeles' AB 939 Solid Waste Generation Study. E. Tseng and Associatesprep
the RFP and designed the technical methodology and format of the AB 939 generator -
based study. The firm also under contract to the Department of Environmental Affairs to
provide technical and legal services in starting up the Local Enforcement Agency (LEA)
effort for the City of Los Angeles.
Eugene Tseng served an Adjunct Professor at the UCLA Anderson Graduate School of
Management. He teaches a pilot course entitled "Business and the Environment". This
class was developed in response to an EPA and United Nations Environmental
Programme request to develop model MBA curriculum to address
environmental
issues
as part of the business management training. Mr. Tseng teaches the corporate
ening
and green marketing subjects in addition to compliance/Superfund topics.
As a member (1988-1993) of the U.S. EPA's National, Advisory Council for
Environmental Policy and Technology, Mr. Tseng worked with the Environmental
Protection Agency Region IX office to develop integrated solidi rite at UCLA's
management
training programs. Mr. Tseng serves as the Program Director and as or
Municipal Solid Waste Management Program. UCLA and UC DavisTseng teaches a ati The coual drse
el
course on MSW Management Technology at both
covers materials recovery facility and waste -to-energy facility design. Mr. Tseng serves
as faculty advisor to university joint intern research projects done with regulatory
agencies and municipalities.
SECTION 3: SUMMARY OF RELATED WORK EXPERIENCE.
1. Technical and Regulatory Experience in MSW Management Projects
nce in the recycling, secondary products
Eugene Tseng has over 18 years experie
manufacturing, and municipal solid waste management field. While . Tseng member of the
th
National Ecology (an American Ecology company) he was a senior
professional engineering staff and later Vice President of American Ecology Corporation.
Eugene Tseng's professional duties included mechanical process design land s t well out
for material recovery facilities and refuse -derived -fuel (RDF) face rforming
densification plants and composting plants. He has extensive experience in perform
technical and economic analysis on recycling and mechanical solid waste processing
systems. Mr. Tseng has also performed economic and needs assessment studies along
with technical feasibility studies for solid waste planning. His experience includes
developing and conducting waste composition analysis procedures for US and
international municipal and private clients for recycling, materials processing, and waste -
Eugene Tseng
Page 2 of 6
to -energy projects. Dr. Tseng held the constructions licenses for the corporation in the
State of California.
Mr. Tseng has designed and constructed bench scale technologies for waste tire
gasification and pyrolysis. He directed research projects in developing secondary
products from waste tires. Mr. Tseng served as moderator for the California Integrated
Waste Management Board's waste tire conference.
Mr. Tseng was the technical director under contract to the City of Los Angeles to provide
technical oversight and management of the City s generator -based" AB 939 Solid Waste
Generation Study.
In the area of regulatory compliance and enforcement of solid waste facilities,s ieMr. Tseng
assisted in the preparation and documentation of the City
of cal
Enforcement Agency's Enforcement Program Plan (EPP) and also served as the LEA's
interface with the California Integrated Waste Management Board. Mr. Tseng developed
the permitting and enforcement procedures manuals for solid waste facilities. Part of the
services is to provide technical support to LEA staff in the review of landfill closure
plans, permit modifications, and permit revisions.
Mr. Tseng is the principal investigator for the Interagency Agreement between UCLA
and the CIWMB in the development of the AB 2494 uniform disposal based
quantification compliance method. Mr. Tseng designed the technical approach and
developed the regulatory compliance measurement scheme use by jurisdictions to
measure their progress towards the waste diversion goals.
Mr. Tseng developed secondary product manufacturing and technoogi Glass
cycl d
glass field and has . received two US patents 1) Ash Coated Cellular259 for
94,143,202 and 2) Method for Forming Coated Cellular Glass Pellets, 41,259
products using
process and equipment systems design for the manufacture of secondary
materials recovered from the solid waste stream. He has also assessed European
secondary manufacturing technology for application in the United States.
Eugene Tseng is also the founder and Program Director of the University of California at
Los Angeles Extension's Municipal Solid Waste Management Program. He serves as an
Advisory Board Member and is also the Industry Program Coordinator. He has organized
and co -taught the following courses:
i) Principles of Municipal Solid Waste Management
ii) Recycling: Design, Marketing, and Operations
iii) Siting of Waste Treatment and Disposal Facilities
iv), Municipal Solid Waste Management Technology
v) Case Studies in Municipal Solid Waste Management
vi) Regulatory Framework for MSW Management
Page 3 of 6 Eugene Tseng
2. Regulatory and Legislative Experience
Eugene Tseng is a licensed California attorney specializing in Environentmental
Affairsw.
While with American Ecology Corporation as Vice President of Envi
ronmalpart of his job responsibilities was to provide legal and impact analysis on proposed state
and national legislation and regulations in hazardous waste and d Waste Management
solid waste
mete
management. He currently serves on the California Integrated
Board's Composting Regulations Committee.
Mr. Tseng assisted the City of Los Angeles develop its Local Enforcement Agency's
Enforcement Program Plan for solid waste facility permitting, inspection, enforcement,
and corrective action.
Dr. Tseng is an Adjunct Professor of Law at the University of La Verne School of Law
and teaches a course on Environmental Law / Environmental Litigation.
Eugene Tseng has organized and taught the following UCLA Extension courses:
i.) Regulatory Framework for Hazardous and Toxic Materials Management
ii.) Environmental Law
iii.) Regulatory Framework for MSW Management
These legal courses on Hazardous Materials are utilized train
r the
new also hires for from in-house
Los
Angeles County Health Hazardous Waste Inspection Program
training for new hires for personnel from the California Department of Health Services,
Toxic Substances Control Division.
In 1988 Mr. Tseng was selected by the United Nations Development
Programme o be
their international specialist in municipal solid waste and hazardous
ment
for assisting countries in organizing their environmentalRepublic otory, industrial, and
f China in February
educational programs. Mr. Tseng was in the Peop P
1990 to assist in prioritization of hazardous waste management activities. He has trained
MSW regulatory personnel from Saudi Arabia, Mexico, Republic of China, and many
other countries.
Mr. Tseng has assisted the State of California in the development of many solid waste
regulations. He was under contract with the California Integrated Waste Management
Rigid Plastic
Board to assist in the development of regulations for implementation the of the research of the
Packaging Container Bill (SB 235). The firm also participated i
as part of the Household Battery
impact of household batteries in the solid waste stream
Study for the Board.
Mr. Tseng is currently under contract with the California Integrated WasteManagement
He ns
Board to develop the disposal based compliance quantification methodology.
responsible for the technical direction and legal support documentation for regulatory
Eugene Tseng
Page 4 of 6
development. Mr. Tseng also serves on the Compost Advisory Committee for the
California Integrated Waste Management Board.
3. Information/Clearinghouse Experience
1990-1992, Mr. Tseng served as the Executive Director for the 1 AssistanceRegion
and
Froment Technics.
Institute of Cooperative Environmental wa and municipaleC olid waste management. The
Information Center for hazardous rim focus is
ICEM is a non-profit organization (EcoSourc athealconceptp of cooperative
developing private -public partnerships to promote
environmental management and to provide integrated to ing andal implementing sistance to, academia,
industry, and government for the purpose of develop g
environmental education/training programs.
Mr. Tseng also serves on the Technical Advisory committee
for the nlifo ni p useum
of Science and Industry for their project on Our Urban
ovied
technical review for exhibits on recycling, solid waste management and hazardous,
materiallwaste management.
Mr. Tseng currently serves on the Editorial Advisory Board of MSW Management
magazine.
4 Hazardous Materials Management Experience
and
e Tseng has experience in the interface between municipal msol d wasTseng has
Eugene g
hazardous waste and he teaches this topic m the UCLA ocess engineering of an integrated
also been involved with preliminary design and p
Mr. Tseng has
ive international technology
hazardous waste treatment facility. an hazardous treatment technology.
assessment experience in evaluating Europe
mmittee for a manual titled "Summary.
He served on the EPA's technology peer review co
of Treatment Technology " Effectiveness for Contaminated Soil."
industry Advisor and Assistant Executive Director (1987-1989 Of Of
e National
Control at
As the In try
Science Foundation's Engineering Research155 millionrfor research at UCLA and assisted
UCLA, Mr. Tseng assisted in raising
in developing the Hazardous Waste Information Centerto
and basic research needs of
serve the informational
requirements of industry, regulatory agencies, communities,ch public -
private the research institutions. Mr. Tseng was also responsible ast managemendevelopingt technologies.
private partnerships in developing innovative hazardous
Tsen ' worked with the American Institute of Real Estate Appraisers in developing
Mr. g (Phase I
training programs for the recognition and evaluation of environmental risks (P
Audit) during real property "walk-throughs for appraisals.
Eugene Tseng
-page 5. of 6
4 I
Mr. Tseng performs various types of technical feasibility studies for private investment
groups for environmental technology related projects.
Certificate
Mr. Tseng served on the UCLA Hazardous and Toxic Materials Management Management
Advisory Board at UCLA and was an instructor Framewoits Hazardous and Environmental Law
Technology course as well as the Regulatory
courses.
Eugene Tseng
page 6 of 6
Professional Resume — Judy Y. Chan, CPA
Education
B. A. - University of California, Irvine, 1976
Chemistry
Certified Medical Technologist, California & USA, 1977
California State University, Fullerton, 1985
Completion of Certified Public Accountant Prerequisite Classes
Certified Public Accountant (CPA), 1989
Professional Registration
Certified Public Accountant (C.P.A.)
Affiliations
Member of American Institute of Certified ified Public Accountants
Member of California Society of Certified
Professional Experience
Her auditing experience
Ms. Judy
Chan has 16 years of public accounting experience.
EPA sewer construction grant audit,
emphasizes on the audit of various municipalities and not for profit organizations. Her
P
involvement with local government hauler audi , ams and financial audits
compliance audit for County of Sknowledge
nDiego ddSummer
a dexperiencehin audits in accordance with
on various cities offered her
st
Government Auditing Standards.
Performance and Com liance Auditin Ex erience:
of the aluate if the
government, audits were conducteddtfor.eVContracts were
On behalf
revenuelexpenditures were properly substantiated laws and mregulations. Reports were
reviewed to ensure the compliance of applicable
issued to indicate the findings.
Local Government Refuse Collection Contract
government, performance audits were conducted on
refuse
Were
On behalf of localg contractors. Accounting systems
collection companies that were city
evaluated for reporting accuracy -
City of South Gate, California
i I {
Professional Resume — Judy Y. Chan, CPA- (continued)
nstruction grants. Audits were perioiw,,u -1,
Audits on the waste water co
municipalities and the related contractors.
City of Austin, Texas
City of Anchorage, Alaska
City of Lincoln, Oregon
City of Seward, Alaska
City of Steamboat Spring, Colorado
Denver Metropolitan Water District I, Colorado
Town of Talbert, Arizona
Park City, Utah
�. sous
muth Pro am
Coup f SaDeo California Yo
s California were audited for their
Various subcontractors of County of San Diego,
compliance with the applicable laws and regulations.
_ ... . 1 _ TT
nducted on the various loan
Compliance audit and financial audit were co
correspondents of HUD*
First Trust of America
audit scope executed to ensure the operation is in accordance with
Specific au l� r collection
a ement's instruction. Review of the internal control nse sand proper and test o
management's
an gthe
transactions to determietterowasi effectiveness
to indicate weakness and corresponding
of revenue. Management
improvement to strengthen its operation.
Santa Mar arita Hi h chool
of its operation. Audit report was
Special audit scope to evaluate the efficiency onding recommendations
issued to address the operation weakness with the Corresp
of correction -
Financial Audit Experience financial
n behalf of the local government, agencies and not- were properly
organizations, recorded
O nditures were properly incurred,
audits were performed to ensure revenuelexpe
Internal control procedures were reviewed to determine
actons we e�bed
and substantiated• safeguarded and trans
assurance were ascertained that assets were safegu O pinions were
in accordance with management's authorization and recorded Properly- P
professional Resume — Judy Y. Chan, CPA (continued)
audited financial statements and internal control procedures. Areas of
issued on the
concern on the operation were communicated for improvements
City of Buena Park, California
City of Desert Hot Springs, California
City.of Escondido, California
City of Poway, California
City of Rancho Mirage, California
City of San Marcos, California
City of Stanton, California
City of Vista, California a Hills
First Church of Christ, Lague
Irvine Chamber of Commerce, California
Yorba Linda Water District, California
Financial Consulting Experience
Re resentative Clients
• Irvine School District
• Santa Margarita High School
• Big West Conference
• Irvine Conservative of Music
11
r
EXHIBIT B
I EXHIBIT B
2 INSURANCE SCHEDULE (CONSULTANT)
3
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in
4 at least the following amounts and coverage (combined single limit permitted):
5 I, Coverage and Limits
6 Bodily I jury Property Damage
Hazards Each Person Each Accident Each Accident
7
Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
9 Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
10 Workers' Compensation $ Statutory
Employers' Liability $1,000 000 per employer
11
II. General and Professional Liability
12
13 General Liability $1,000,000 $2,000,000 $1,000,000
Premises Operations $1,000,000 $2,000,000 $1,000,000
14 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
Independent Contractors $1,000,000 $2,000,000 $1,000,000
15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
Contract Liability $1,000,000 $2,000,000 $1,000,000
16 Professional Liability $1,000000 $1,000,000 $1,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be
18 noted on or attached to the standard certificate of insurance:
19 1. An endorsement naming the City of Vernon, its officers, and employees as additional
insureds under the policy.
20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or
21 material reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
22 4. Such other endorsement as may be required by addendum hereto.
23 b. In addition to the standard certificate of insurance, proof of general and professional liability
coverage shall be furnished in the form checked below. Certification of the following_ proofs
24 by the insurance agent or broker will not be accepted:
25
X For each policy, a notarized letter from the underwriter or carrier certifying that the
261 coverage and statements in the standard certificate of insurance (attached thereto) are true
and correct and that the signator is an officer authorized to so certify.
27
28 —
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B