Resolution No. 8027.t Y
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RESOLUTION NO. 8027
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 SKS PROFESSIONAL SERVICES, INC.,
DBA 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, SKS Professional Services, Inc., dba 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, pursuant to Resolution No. 7627, adopted on
October 3, 2000, the City retained the services of MSW Consultants
("MSW") to assist the City in complying with the requirements of AB
939; and
WHEREAS, the principals of MSW Consultants have provided
services to the City in the past and thus should be able to provide the
services now required by the City in'a more efficient and effective
manner; and
WHEREAS, the Finance Committee on July 23, 2002, approved the
recommendation of Bruce V. Malkenhorst, Director of Finance, dated
July 18, 2002, that an agreement with MSW Consultants be approved and
executed for services relating to AB 939 compliance and franchise fees
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for fiscal years 2002-2002 and 2003-2004; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a Consulting Services Agreement with SKS
Professional Services, Inc., dba MSW Consultants, to enhance services
provided to the Vernon community.
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 anc
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
Agreement to:
SKS Professional Services, Inc., dba MSW Consultants
Attn: David L. Davis
27393 Ynez Road, Suite 160
Temecula, CA 92591
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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 24th day of July, 2002.
ATTES�
BRUCE V. MALKENHORST, City Clerk
IS C. MALB G, Ma or
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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.
8027, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
July 24, 2002, and thereafter was duly signed by the Mayor of the City
of Vernon.
v
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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SUPPORTING
DOCUMENTS
EXHIBIT
1 CONSULTING SERVICES AGREEMENT
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used
5 as the original hereof for all purposes, as of this day of July,
6 2002, in the City of Vernon, County of Los Angeles, California
7
8 BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter
9 referred to as the -"City")
4305 Santa Fe Avenue
10 Vernon, CA 90058
11 AND SKS PROFESSIONAL SERVICES,
INC., dba MSW CONSULTANTS,
12 (hereinafter referred to as the
"Consultant")
13 27393 Ynez Road, Suite 160
Temecula, CA 92591
14
15 WITNESSETH
16 WHEREAS, the City is required by the Integrated Waste
17 Management Act and its amendments (AB 939) to divert the percentage of
18 refuse going to landfills from Vernon generators by fifty percent
19 (500), to implement certain waste diversion programs described in its
20 Source Reduction and Recycling Element and to submit an Annual Report
21 to the California Integrated Waste Management Board ("CIWMB"); and
22 WHEREAS, the City desires to retain the services of a
23 consultant to provide assistance to the City in complying with AB 939
24 and to provide franchise fee review services; and
25 WHEREAS, the Consultant submitted a proposal to City dated
26 July 6, 2002 (the "Proposal") which includes a description of proposed
27 services and a cost proposal; and
28 WHEREAS, Consultant represents that it is qualified to
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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. -The scope of services under this Agreement
included Task 1 - AB 939 Compliance and Task 2 - Review Franchise Fee
Payments and Reported Tons. Within these two general tasks, the
following subtasks are to be performed by Consultant: compile
documentation for biennial review, prepare the City's annual report to
the CIWMB, conduct business waste assessments, provide WRAP award
assistance for businesses, develop construction and demolition
recycling ordinance, develop buy recycled policy, conduct limited
pilot regional diversion facility residual study, summarize all fee
payments and meet with City quarterly, perform on -site reviews of 30
franchised haulers each fiscal year, and compare tonnage and resolve
discrepancies. 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
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by said subcontractors. The Consultant may not engage any 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, 2004, 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
Proposal for the services performed, in a total sum not to exceed
$103,000.00 in each of the fiscal years 2002-2003 and 2003-2004.
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.
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I VI. CHANGES AND EXTRA SERVICES.
2 The City reserves the right to request changes in the
3 services to be performed by the Consultant. All such changes shall be
4 incorporated in written change orders executed by the City and the
5 Consultant which shall specify the changes ordered and the adjustment
6 of compensation and completion time required thereof.
7 Any services added to the scope of this Agreement by a
8 change order shall be executed under all applicable conditions of this
9 Agreement. No claim for additional compensation or extension of time
10 shall be recognized unless contained in a duly executed change order.
11 VII. PRODUCTS OF CONSULTING.
12 All documents, data, studies, surveys, drawings, maps,
13 models, photographs and reports prepared by Consultant under this
14 Agreement, with the exception of confidential information provided by
15 businesses located in the City, shall be considered the property of
16 City. Said documents and materials shall be delivered to City by
17 Consultant as they are generated; however, Consultant may take and
18 retain copies of said documents and materials as desired.
19 VIII. CONFIDENTIAL INFORMATION.
20 1. Access to Confidential Information. The City may
21 provide Consultant with, or allow Consultant access to, certain
22 information not available to the public concerning the City, or
23 businesses located in the City. The information may include company
24 information, taxes, sales, value of assets, or other such information.
25 All such information shall be known as "Confidential Information."
26 2. No Disclosure. Except as expressly permitted,
27 Consultant shall not disclose, permit the disclosure of, release,
28 disseminate, or transfer, whether orally or by any other means, any
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I part of such Confidential Information to any other person or entity,
2 whether corporate, governmental, or individual, without the express
3 prior written consent of an authorized representative of the City.
4 Consultant shall return any written Confidential Information, and all
5 copies made of such items, to the City upon the City's written
6 request, but in any event not later than the date that the Consultant
7 has performed all services to be performed pursuant to this Agreement.
8 Consultant hereby agrees that such Confidential Information and any
9 documents provided may be used by Consultant only as authorized by the
10 City. Consultant shall take reasonable measures to avoid any
11 disclosure of any such Confidential Information to any unauthorized
12 person.
13 3. Court Ordered Disclosure. Consultant shall
14 immediately notify the City of any court order or subpoena requiring
15 disclosure of Confidential Information, and shall cooperate with legal
16 counsel in the appeal or challenge of any such order or subpoena.
17 Recipient may only disclose Confidential Information required to be
18 disclosed pursuant to court order or subpoena after legal counsel has
19 exhausted any lawful and timely appeal or challenge.
20 4. Remedies. In addition to any other remedies that
21 it may have at law or in equity, the City shall be entitled to a
22 temporary and permanent injunction by a court of competent
23 jurisdiction against any breach or threatened breach of the
24 Confidential Information provisions of this Agreement. Consultant
25 acknowledges that in case of such breach or threatened breach of said
26 provisions, the City would have no adequate remedy at law.
27 IX. INDEMNITY AND INSURANCE.
28 1. Indemnification. The Consultant shall indemnify,
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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
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
a Me
I have the right to control the Consultant only insofar as the results
2 of the Consultant's services rendered pursuant to this Agreement;
3 however, the City shall not have the right to control the means by
4 which the Consultant accomplishes services rendered pursuant to the
5 Agreement except to the extent that such services involve the use of
6 City property or Confidential Information.
7 2. Consultant Not Agent. Except as the City may
8 specify in writing, the Consultant shall have no authority, express or
9 implied, to act on behalf of the City in any capacity whatsoever as an
10 agent. The Consultant shall have no authority, expressed or implied,
11 pursuant to this Agreement to bind the City to any obligation
12 whatsoever.
13 3. Assignment Prohibited. Consultant may not assign
14 any right or obligation of this Agreement except with the express
15 written consent of the City. Any other attempted or purported
16 assignment of any right or obligation pursuant to this Agreement shall
17 be void and of no effect.
18 4. Termination. This Agreement may be terminated by
19 the City on thirty (30) days written notice to the Consultant. The
20 effective date of cancellation shall be after the 30th day after said
21 written notice. The Consultant shall be entitled to the compensation
22 earned by it prior to the date of the termination notice, computed pro
23 rata up to and including that date, plus compensation for work
24 performed during the thirty -day notice period and authorized in the
25 termination notice.
26 5. Notices. Any and all notices, demands, invoices,
27 and written communications between the parties shall be addressed to
28 the parties as follows:
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CITY: THE CITY OF VERNON
ATTN: Bruce V. Malkenhorst
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058-0805
CONSULTANT: SKS Professional Services, Inc.
ATTN: David L. Davis
27393 Ynez Road, Suite 160
Temecula, CA 92591
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
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.
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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.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
LEONIS C. MALBURG, Mayor
SKS Profe ional ervices, Inc.
By: r
Title: �re'�Jwr-g�--
B y : �G.G
Title:�i2ctR/
EXHIBIT A
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MSW Consultants
A Team of Independent Solid Waste Professionals
27393 Ynez Road, Suite 160
Temecula, California 92591
909/694-4001
fax 909/694-9001
e-mail: MSWconsultants@aol.com
July 6, 2002
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:
As you have requested, SKS Professional Services, Inc., doing business as MSW
Consultants, is submitting this proposal to continue providing solid waste consulting
services to the City of Vernon. This proposal describes the background, scope of work,
limitations, project fees and other terms and conditions under which we will provide AB
939 compliance and franchise fee review services to the City for the fiscal years ending
r�
June 30, 2003 and 2004.
q BACKGROUND
As you know, MSW Consultants and its subcontractor, E. Tseng & Associates, have been
providing solid waste consulting services for the City. For the two fiscal years ending
June 30, 2002, MSW Consultants will have reviewed the fee payments and reported tons
for all of the City's franchised haulers for the twelve-month periods ended December 31,
2000 and 2001. These reviews have resulted in the recovery of over $30000 in underpaid
C
franchise fees and the identification of over 25,000 in overreported tons at the Puente Hills
landfill and other disposal sites.
Over the last two fiscal years, E. Tseng & Associates has provided the businesses in
Vernon with approximately 300 on -site waste assessments. These waste assessments have
enabled the City to more accurately measure its total amount of waste generation, and
have resulted in several Vernon businesses being recognized by the State for their
®, exemplary recycling practices. As a result of the recycling efforts of the businesses in
4 recycled L, paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 2 of 9
Vernon, the City was able to achieve a waste diversion rate of approximately 53% in the
year 2000.
SCOPE OF WORK
To assist the City to continue with its successful solid waste program, MSW Consultants,
and its subcontractor, E. Tseng & Associates, propose to perform the tasks described in the
following scope of work and shown in Exhibits 1 and 2.
ITask 1— AB 939 Compliance
Subtask 1.1— Compile documentation for Biennial Review
We will compile a binder of documentation of the various implemented SRRE programs.
This will include copies of program brochures, outreach materials, press releases, awards,
and other program documentation. This will be used for the Biennial Review to document
the City's good faith effort and diversion rate. Copies of the Electronic Annual Reports for
each year will also be included.
ISubtask 1.2 — Prepare Annual Report
We will prepare the City's Annual report to the CIWMB. This task includes preparation of
the annual report, completion of the CIWMB Adjustment Method calculation based on the
CIWMB approved new base year (1998) study, and preparing materials for CIWMB Office
of Local Assistance requested information regarding City of Vernon programs. We will
also attend any CIWMB Board or staff meetings at which the City's Annual Report or
waste diversion efforts are considered.
Subtask 1.3 - Conduct Business Waste Assessments
We will continue with the City's program of providing its businesses with technical
recycling assistance. We will perform business waste assessments for 100 of the City's
businesses in fiscal year 2003 and 2004. For a total of 200 businesses waste assessments).
recycled *, paper
Ig MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 3 of 9
We expect to complete the first phase of these waste generation studies in November of
2002. We expect to complete the second phase in November of 2003.
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. We will assist the businesses we visit in designing and implementing recycling
programs.
We will continue our "Waste Reduction and Recycling Technical Assistance Outreach"
deffort to businesses located in the City of Vernon. We will Utilize updated waste
reduction and recycling quantification techniques consistent with the C1WMB approved
Diversion Study Guide to estimate impact of existing and new programs. Our long-term
goal is to develop the infrastructure to be able to conduct a new base year study for the
year 2005, if necessary.
Subtask 1.4 — WRAP Award Assistance for Businesses
For those businesses we visit that already have exemplary re
cycling programs, we w111
assist them in preparing documentation for the WRAP award nomination process. A new
C ATMB form has been developed that is intended to simplify the application process.
Alternatively, the City may host a local awards recognition event, or participate in the
development of a regional program hosted by the proposed Los Angeles Regional Agency
(LARA).
Subtask 1.5 — Develop Construction and Demolition (C&D) Recycling Ordinance
We will assist the City in the implementation of a C & D recycling ordinance. This is one of
the benchmarks that the CIWMB looks for in "good faith" programs implemented by the
jurisdiction. We will develop a draft ordinance/policy with a tracking mechanism. We will
develop a C&D guide for contractors and provide technical assistance as requested by the
City.
recycled 10 paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
.o
Page 4 of 9
Subtask 1.6 - Develop Buy Recycled Policy
7 This is another one of the benchmarks that the CIWMB looks for in "good faith" programs
implemented by the jurisdiction. We will develop a draft ordinance/policy with a tracking
system and monitoring database for use by the City's purchasing department. This system
will be consistent with the forms required of State Facilities to report their recycled content
purchases.
r Subtask 1.7 - Conduct Limited Pilot Regional Diversion Facility Residual Study
7
The City of Vernon hosts a large number of "regional diversion facilities". Their disposal
and diversion can significantly impact the diversion rate of the City and of other
jurisdictions. However, many of the standards used to quantify and document the
disposal and diversion has not been finalized.
We recommend beginning preparations in 2003 for conducting a pilot regional diversion
facility residual study. The study will include working with the CIWMB on the survey
and documentation standards required to quantify/qualify the diversion and residual tons
to modify the Disposal Reporting System. Residual tons attributable to regional diversion
facilities can be deducted from the DRS. Recycled tons attributable to the City of Vernon
can be counted as diversion tonnage for a new base year, if necessary.
This study should be conducted in preparation for 2005 because of the potential need for a
new base year study. Therefore, we will conduct a limited pilot to finalize the standards
for a full-scale study. The scope of this project does not include a full-scale study of
regional diversion facilities. If a full-scale study of regional diversion studies is required,
our proposed fees will need to be adjusted.
Task 2 — Review Franchise Fee Payments and Reported Tons
Task 2.1— Summarize all fee payments and meet with City quarterly
Once each calendar quarter, we will summarize the reported gross receipts, fee payments,
and tonnage amounts from the Quarterly Solid Waste Reports submitted by the City's
4 recycled 0 paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 5 of 9
refuse haulers. We will analyze the amounts submitted by the haulers by calculating the
gross receipts per ton for each hauler. We will compare the tons reported by the haulers
with the most recently available data from the Puente Hills landfill
Task 2.2 — Perform on -site reviews of 30 franchised haulers each fiscal year
During February through June in each fiscal year, we will contact and visit each of the
City's 30 franchised 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 most recently completed calendar year.
For example, the scope of our review for the reviews we perform in the Spring of 2003 will
include the Quarterly Solid Waste Reports for calendar year 2002.
We will verify the mathematical accuracy of each of the 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
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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.
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,
Irecycled L, paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 6 of 9
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.
Subtask 2.3 — Compare tonnage and resolve discrepancies
Each quarter, we will obtain the disposal tonnage reports for the most recent calendar
quarters from the Puente Hills landfill, the Commerce Waste -to -Energy facility, and the
Innovative Waste Control transfer station. 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
P P g p � ty
will work with City staff, the Los Angeles County Sanitation District, Innovative Wast
qControl, and the refuse haulers to resolve any major discrepancies.
4 LIMITATIONS
Our scope of work and our findings are subject to certain limitations. 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.
Additionally, our review of the refuse haulers' fee payments and reported tonnage will be
based upon the procedures we described in Task 2 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
4 material misstatement. Accordingly, we will not provide such a opinion.
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4 recycled " paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 7 of 9
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, SKS Professional Services, Inc.,
which 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 SKS Professional Services.
® 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 15 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 50
rmunicipal 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
recycled paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 8 of 9
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
7
Dr. Tseng is an environmental engineer and a licensed California attorney specializing in
environmental law. He has over 29 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 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 City's Annual Reports, and oversee the
other AB 939 compliance tasks.
Ms. Judy Chan, CPA — Project Analyst
Ms. Chan is a Certified Public Accountant with 18 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.
D
Irecycled I, paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 9 of 9
PROJECT FEES
We will perform the tasks described in the. above Scope of Work section for an amount not
to exceed $103,000 in fiscal year 2003, and $103,000 in fiscal year 2004. 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.
We appreciate this opportunity to offer our services to the City of Vernon. If you have any
questions, please feel free to call me at 909/694-4001.
Sincerely yours,
David L. Davis, CMA
Principal
Attachments
Exhibits 1 and 2
-4
4 recycled co Paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Ez6ibit 1
City of Vernon
AB 939 Compliance and Franchise Fee Review Services
Proposed Fees - Fiscal 2002-03
Team Member
Subtotal
Task Description
Davis
Chan
I AB 939 Compliance
1.1 Biennial review and documentation
1.2 2002 Annual Report preparation
1.3 Business waste assessments
IA WRAP Award assistance
1.5 C&D Recycling Ordinance
1.6 Buy Recycled Policy
1.7 Regional Diversion Facility Study
0
Subtotal: Task 1 Hours
0
0
0
Subtotal: Task l Fees
s0
so
s0
2 Hauler Fee Payment Reviews
2.1 Summarize all haulers fee payments quarterly
32
32
2.2 Perform reviews of 30 haulers
320
80
400
203 Compare tonnage; resolve discrepancies
60
60
Subtotal: Task 2 Hours
412
80
492
Subtotal: Task 2 Fees
547,380
58,800
$56,180
Total Hours
412
80
492
Hourly Rate
$115
Silo
Total Fees
547,380
58,800
556,180
Expenses
5820
Total Fees and Expenses
557,000
Team Member
Project
Sr'
Subtotal
Tsang
Manager I
Engines
Sr. Staff
Staff
4
8
4
4
0
20
16
8
4
4
0
32
10
40
8
8
360
426
2
8
0
0
40
50
4
8
4
4
0
20
4
8
4
4
0
20
0
0
0
0
0
0
40
80
24
24
400
568
55,000
56,400
SZ400
$1,920
$30,000
$45.720
0
0
0
0
0
0
0
0
0
s0
s0
so
s0
s0
s0
40
80
24
24
400
568
$125
S80
Sloo
S80
S75
S5,000
56,400
SZ400
51,920
530,000
545,720
S280
546,000
Annual
Total FY
2002-03
I 545,720
556,180
s101,900
si, loo
S 103,000
recycled Cr paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Exhibit 2
City of Vernon
AB 939 Compliance and Franchise Fee Review Services
Proposed Fees - Fiscal 2003-04
Task Description
Team Member
Subtotal
Davis
Chan
I AB 939 Compliance
1.1 Biennial review and documentation
1.2 2003 Annual Report preparation
1.3 Business waste assessments
1.4 WRAP Award assistance
1.5 C&D Recycling Ordinance
1.6 Buy Recycled Policy
1.7 Regional Diversion Facility Study
0
Subtotal: Task 1 Hours
0
0
0
Subtotal: Task 1 Fees
s0
s0
so
2 Hauler Fee Payment Reviews
2.1 Summarize all haulers fee payments quarterly
32
32
2.2 Perform reviews of 30 haulers
320
80
400
203 Compare tonnage; resolve discrepancies
60
60
Subtotal: Task 2 Hours
412
80
492
Subtotal: Talc 2 Fees
547,380
$8,800
$56,190
Total Hours
412
80
492
Hourly Rate
S115
silo
Total Fees
547,380
58,800
$56,180
Expenses
5820
Total Fees and Expenses
557,000
Team Member
an �� Subtotal
Taemg Manager ��� Sr Staff I SnnH'
4
8
4
4
0
20
16
8
4
4
0
32
10
40
8
8
360
426
2
8
0
0
40
50
0
0
0
0
0
0
0
0
0
0
0
0
8
16
8
8
0
40
40
80
24
24
400
569
$5,000
$6,400
SZ400
$1,920
530,000
$45,720
0
0
0
0
0
0
0
0
0
s0
s0
s0
s0
s0
s0
40
80
24
24
400
568
5125
S80
Sloo
S8o
S75
$5,000
s6,400
SZ400
$1,920
530,000
545,720
5290
546,000
Annual
Total FY
2003-04
1 545,720
1 $56,180
$101,900
sl,lo0
$103,000
recycled CO, paper
EXHIBIT B
. , a . ' I a ' . a
1 EXHIBIT B
2
INSURANCE SCHEDULE (CONSULTANT)
3
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at
4 least the following amounts and coverage (combined single limit permitted):
5 I
Coverage and Limits
6 Bodily (Injury Property Damage
Hazards Each Person Each Accident Each Accident
7
8 Automobile Liability
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
11 EmployersLiability $1,000,000 per employer
12 11. General and Professional Liability
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
15 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
16 Contract Liability $1,000 000 $2,000,000 $1,000,000
Professional Liability $1,000,000 $1,000,000 $1,000,000
17
18 a. The general liability policy shall contain the following special endorsements which shall be
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
20 insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or
2 i material reduction of coverage.
22 3. An endorsement providing coverage for all operations under this Agreement.
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
24 coverage shall be furnished in the form checked below. Certification of the following proofs by
25 the insurance agent or broker will not be accepted:
26 X For each policy, a notarized letter from the underwriter or carrier certifying that the
coverage and statements in the standard certificate of insurance (attached thereto) are true
27 and correct and that the signator is an officer authorized to so certify.
28 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/ City Clerk
FAX (323) 826-1438
Finance Committee
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 18, 2002
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
K v
n
Z
In accordance with the passage of AB 939, the City of Vernon is
required to divert the percentage of refuse going to landfills from
Vernon generators by fifty (50) percent. In the year 2000 the City
entered into a Solid Waste Agreement with MSW Consultants for fiscal
years 2000-2001 and 2001-2002. At this time it is necessary that a
new agreement be entered with MSW for fiscal years 2002-2003 and 2003-
2004 to assist the City with Solid Waste issues in accordance with AB
939 at a cost of $103,000.00 per year (an increase of $11,000.00 per
year)
This has been reviewed by the Director of Environmental Health and the
City Attorney and it is hereby recommended that the agreement with MSW
Consulting be approved and executed.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
I
City of Vernon
Environmental Health
Department
Memo
To: Bruce V. Malkenhorst, City Administrator
rom: Lewis Pozzebon, Director, Environmental Health
Date: 7/17/2002
Re: Solid Waste Consulting Agreement with MSW Consultants
On October 3, 2000, the City Council -approved Resolution No. 7627 which authorized a solid waste
consulting services agreement with MSW Consultants (MSW) for fiscal years 2000-01 and 2001-02.
During the agreement period MSW has assisted the City by providing AB 939 solid waste program
activities including:
• Performing a business assistance program to identify waste reduction activities and
opportunities.
• Conducting audits of non-exclusive franchise solid waste haulers. These audits have resulted
in the collection of over $30,000 in underpaid franchise fees.
• Planning for and preparing annual solid waste generation reports for submission to the
California Integrated Waste Management Board. With the assistance of MSW, we have been
able to document in the annual reports the City's progress in complying with State mandated
solid waste disposal reduction levels. For the Year 2000, MSW showed that, with the
cooperation of the City's businesses, the City exceeded the mandated goal of 50% diversion
by documenting a 53% reduction in the volume of solid waste disposed in landfills compared
to the volume disposed in landfills in 1990.
MSW has submitted a new proposal for consulting services for fiscal years 2002-03 and 2003-04-
(attached). Service costs to perform the tasks listed in the proposed agreement are $103,000 per
year. The costs in the new agreement are approximately $11,000 more than the previous
agreement. The increased costs are reasonable considering the additional services in the new
agreement that MSW will be providing (i.e. compilation of documentation for biennial review,
development of construction and demolition recycling ordinance) and a higher hourly rate adjusted to
bring MSW's rate in line with comparable service rates. Based on the excellent service and
cooperation we have received from MSW, I am recommending that the new agreement be submitted
to the City Council for approval
Please note that Joan Francone has confirmed that MSW's insurance coverage is up to date.
Attachment
Xc: Ed Olivo, City Attorney 1p/mydoc/sw/ab939/memo/msw agreement memo
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 18, 2002
Mr. avid L. Davis `
S Professional Services, Inc.
dba MSW Consultants
27393 Ynez Road, uite 160
Temecula, CA 591
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
VIA FEDERAL EXPRESS
om-&u ding Services Agreement - AB 939 Compliance and
Franchise Fee Review Services
Dear Mr. Davis:
Enclosed please find two duplicate originals of the
aforementioned Agreement which needs to be signed by the
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal Department, by 10 a.m. on Monday, July 22,
2002. The Agreement contains terms that are consistent with the
proposal document and is scheduled to be considered by the City
Council at its meeting on July 24, 2002.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter.
Very truly yours,
coo
Eduardo Olivo
City Attorney
J1
Enclosures
cc:.,.Asst. to Chief Deputy City Clerk (no encl.)
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
December 4, 2002
SKS Professional Services, Inc., dba MSW Consultants
Attn: David L. Davis
27393 Ynez Road, Suite 160
Temecula, CA 92591
Re: Consultant Services Agreement
Dear Mr. Davis:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Communitv Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
The insurance requirement has been met. Transmitted herewith is a
duplicate original copy of the above referenced agreement approved by
the Vernon City Council on July 24, 2002.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon at (323) 583-8811 ext. 229.
ery truly yours,
A
Nelly Gi n
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Lewis Pozzebon
Dolores Fonseca
*et01AXt4*n Na,. -8027
Agreement No. 02-045
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 29, 2002
SKS Professional Services, Inc., dba MSW Consultants
Attn: David L. Davis
27393 Ynez Road, Suite 160
Temecula, CA 92591
Re: Consultant Services Agreement
Dear Mr. Davis
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
In accordance with Section IX.2 of said agreement, you are to furnish
the City with proof of Insurance as set forth in the Insurance
Schedule, Exhibit "B" of the agreement.
Please submit your proof of insurance to Joan Francone, Risk Manager,
for review and approval. Upon receipt of said documentation this
office will forward to you a fully executed duplicate original
agreement.
If you should have any questions, please contact Joan Francone at ext.
322.
ery truly yours,
/
Nelly G o e
Assistant to the Chief Deputy
City Clerk
NG/gm
cc: Joan Francone
Lewis Pozzebon
Resolution No. 8027
Agreement File No. 02-045
a
1` CONSULTING SERVICES AGREEMENT
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used
5 as the original hereof for all purposes, as of this 5k day of July,
6 2002, in the City of Vernon, County of Los Angeles, California
7
8 BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter
9 referred to as the "City")
4305 Santa Fe Avenue
10 Vernon, CA 90058
11 AND SKS PROFESSIONAL SERVICES,
INC., dba MSW CONSULTANTS,
12 (hereinafter referred to as the
"Consultant")
13 27393 Ynez Road, Suite 160
Temecula, CA 92591
14
15 WITNESSETH
16 WHEREAS, the City is required by the Integrated Waste
17 Management Act and its amendments (AB 939) to divert the percentage of
18 refuse going to landfills from Vernon generators by fifty percent
19 (50%), to implement certain waste diversion programs described in its
20 Source Reduction and Recycling Element and to submit an Annual Report
21 to the California Integrated Waste Management Board ("CIWMB"); and
22 WHEREAS, the City desires to retain the services of a
23 consultant to provide assistance to the City in complying with AB 939
24 and to provide franchise fee review services; and
25 WHEREAS, the Consultant submitted a proposal to City dated
26 July 6, 2002 (the "Proposal") which includes a description of proposed
27 services and a cost proposal; and
28 WHEREAS, Consultant represents that it is qualified to
2
3
4
5
6
7
8
9
10
11
12
13
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15
-16
17
18
19
20
21
22
23
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perform such services under this Consulting Services Agreement
(hereinafter "Agreement"); and
WHEREAS, Consultant is willing to render such professional
11 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. The scope of services under this Agreement
included Task 1 - AB 939 Compliance and Task 2 - Review Franchise Fee
Payments and Reported Tons. Within these two general tasks, the
following subtasks are to be performed by Consultant: compile
documentation for biennial review, prepare the City's annual report to
the CIWMB, conduct business waste assessments, provide WRAP award
assistance for businesses, develop construction and demolition
recycling ordinance, develop buy recycled policy, conduct limited
pilot regional diversion facility residual study, summarize all fee
payments and meet with City quarterly, perform on -site reviews of 30
franchised haulers each fiscal year, and compare tonnage and resolve
discrepancies. 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
-2-
'.-1 by said subcontractors. The Consultant may not engage any other
2 subcontractors to complete the work described in the Scope of Services
3 with the approval of the City.
4 III. TIME OF PERFORMANCE.
5 Consultant's services herewith shall commence upon signing
6 of the Agreement and shall be completed by June 30, 2004, unless
7 terminated or extended.
8 IV. COMPENSATION.
9 1. Fee for Services. The City shall compensate the
10 Consultant pursuant to the rates and costs as set forth in the
11 Proposal for the services performed, in a total sum not to exceed
12 $103,000.00 in each of the fiscal years 2002-2003 and 2003-2004.
13 2. Expenses. Expenses may only be billed if they
14 have been approved in writing, in advance, by the City Administrator.
15 V. METHOD OF PAYMENT.
161 Within thirty (30) days after the last day of any month in
17 which services have been performed or costs incurred hereunder, the
18 Consultant shall submit an invoice to the City stating the amount due
19 the Consultant. Invoices shall contain an itemization of services
20 rendered, directly related job expenses and subcontract charges
21 incurred by the Consultant and for which compensation is due.
22 Consultant shall be responsible for paying any subcontractors used in
23 the performance of this Agreement. Subcontractors shall not bill the
24 City directly.
25 Payment of the invoice shall be made after acceptance and
26 approval by the City within thirty (30) days of receipt. The City's
27 approval of the invoice shall not be unreasonably withheld.
28
-3-
It
A
2
3
A
5
6
7
8
9
10
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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.
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
-4-
,__4 part of such Confidential Information to any other person or entity,
2 whether corporate, governmental, or individual, without the express
3 prior written consent of an authorized representative of the City.
4 Consultant shall return any written Confidential Information, and all
5 copies made of such items, to the City upon the City's written
6 request, but in any event not later than the date that the Consultant
7 has performed all services to be performed pursuant to this Agreement.
8 Consultant hereby agrees that such Confidential Information and any
9 documents provided may be used by Consultant only as authorized by the
10 City. Consultant shall take reasonable measures to avoid any
11 disclosure of any such Confidential Information to any unauthorized
12 person.
13 3. Court Ordered Disclosure. Consultant shall
14 immediately notify the City of any court order or subpoena requiring
15 disclosure of Confidential Information, and shall cooperate with legal
16 counsel in the appeal or challenge of any such order or subpoena.
17 Recipient may only disclose Confidential Information required to be
18 disclosed pursuant to court order or subpoena after legal counsel has
19 exhausted any lawful and timely appeal or challenge.
20 . 4. Remedies. In addition to any other remedies that
21 it may have at law or in equity, the City shall be entitled to a
22 temporary and permanent injunction by a court of competent
23 jurisdiction against any breach or threatened breach of the
24 Confidential Information -provisions of this Agreement. Consultant
25 acknowledges that in case of such breach or threatened breach of said
26 provisions, the City would have no adequate remedy at law.
27 IX. INDEMNITY AND INSURANCE.
28 1. Indemnification. The Consultant shall indemnify,
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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
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
_1 have the right to control the Consultant only insofar as the results
2 of the Consultant's services rendered pursuant to this Agreement;
3 however, the City shall not have the right to control the means by
4 which the Consultant accomplishes services rendered pursuant to the
5 Agreement except to the extent that such services involve the use of
6 City property or Confidential Information.
7 2. Consultant Not Agent. Except as the City may
8 specify in writing, the Consultant shall have no authority, express or
9 implied, to act on behalf of the City in any capacity whatsoever as an
10 agent. The Consultant shall have no authority, expressed or implied,
11 pursuant to this Agreement to bind the City to any obligation
12 whatsoever.
13 3. Assignment Prohibited. Consultant may not assign
141 any right or obligation of this Agreement except with the express
15 written consent of the City. Any other attempted or purported
16 assignment of any right or obligation pursuant to this Agreement shall
17 be void and of no effect.
18 4. Termination. This Agreement may be terminated by
19 the City on thirty (30) days written notice to the Consultant. The
20 effective date of cancellation shall be after the 30th day after said
21 written notice. The Consultant shall be entitled to the compensation
22 earned by it prior to the date of the termination notice, computed pro
23 rata up to and including that date, plus compensation for work
24 performed during the thirty -day notice period and authorized in the
25 termination notice.
26 5. Notices. Any and all notices, demands, invoices,
27 and written communications between the parties shall be addressed to
28 the parties as follows:
-7-
1 CITY: THE CITY OF VERNON
2 ATTN: Bruce V. Malkenhorst
City Administrator
3 4305 Santa Fe Avenue
Vernon, CA 90058-0805
4
CONSULTANT: SKS Professional Services, Inc.
5 ATTN: David L. Davis
27393 Ynez Road, Suite 160
6 Temecula, CA 92591
7 Any such notices,.demands, invoices and written
8 communications shall be (i) hand delivered, (ii) sent by telecopy and
9 mail, or (iii) sent by mail. Mail shall be conclusively deemed to
10 have been received by the addressee five (5) days after the deposit
11 thereof in the United States Mail, postage prepaid and properly
12 addressed as noted above.
13 XI. ENTIRE AGREEMENT.
141 This Agreement supersedes any and all other agreements,
15 either oral or in writing, between the parties with respect to the
16 subject matter herein. Each party to this Agreement acknowledges that
17 no representations have been made by any party which are not embodied
181 herein and that no other agreement, statement or promise not contained
19 in this Agreement shall be valid and binding. Any modification of
20 this Agreement will be effective only if it is in writing signed by
21 the parties.
22 XII. BENEFIT OF AGREEMENT.
23 This Agreement shall bind and benefit the parties hereto and
24 their heirs, successors, and permitted assigns.
25 XIII. GOVERNING LAW.
26 This Agreement shall be governed by and construed and
27 enforced in accordance with the laws of the State of California.
28 / / /
•.-1 IN WITNESS WHEREOF, the City and the Consultant have
2 executed this Agreement by and through their authorized officers as of
31 the date first hereinabove set forth.
4
5
6 CITY OF VERNON
7 B>fE
r,�
NIS C. MAL URG, Ma or
8
9 ATTES
10
11 BRUCE V. MALKENHORST, City Clerk
12
13 APPROVED AS TO FORM:
1
14
15EDUARDO OLIVO, City A orney
16
17 SKS Profe ional ervices, Inc.
18
By: r
19
20 Title:
21
By: �
22
23
Title:
24
25
26
27
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MSW Consultants
A Team of Independent Solid Waste Professionals
27393 Ynez Road, Suite 160
Temecula, California 92591
909/6%-4001
fax 909/694-9001
e-mail: MSWconsultantsOaol.com
July 6, 2002
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:
As you have requested, SKS Professional Services, Inc., doing business as MSW
Consultants, is submitting this proposal to continue providing solid waste consulting
services to the City of Vernon. This proposal describes the background, scope of work,
limitations, project fees and other terms and conditions under which we will provide AB
939 compliance and franchise fee review services to the City for the fiscal years ending
June 30, 2003 and 2004.
BACKGROUND
As you know, MSW Consultants and its subcontractor, E. Tseng & Associates, have been
providing solid waste consulting services for the City. For the two fiscal years ending
June 30, 2002, MSW Consultants will have reviewed the fee payments and reported tons
for all of the City's franchised haulers for the twelve-month periods ended December 31,
2000 and 2001. These reviews have resulted in the recovery of over $30,000 in underpaid
franchise fees and the identification of over 25,000 in overreported tons at the Puente Hills
landfill and other disposal sites.
Over the last two fiscal years, E. Tseng & Associates has provided the businesses in
Vernon with approximately 300 on -site waste assessments. These waste assessments have
enabled the City to more accurately measure its total amount of waste generation, and
have resulted in several Vernon businesses being recognized by the State for their
exemplary recycling practices. As a result of the recycling efforts of the businesses in
recycled L ; paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 2 of 9
Vernon, the City was able to achieve a waste diversion rate of approximately 53% in the
year 2000.
SCOPE OF WORK
To assist the City to continue with its successful solid waste program, MSW Consultants,
and its subcontractor, E. Tseng & Associates, propose to 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— Compile documentation for Biennial Review
We will compile a binder of documentation of the various implemented SRRE programs.
This will include copies of program brochures, outreach materials, press releases, awards,
and other program documentation. This will be used for the Biennial Review to document
the City's good faith effort and diversion rate. Copies of the Electronic Annual Reports for
each year will also be included.
Subtask 1.2 — Prepare Annual Report
We will prepare the City's Annual report to the CIWMB. This task includes preparation of
the annual report, completion of the CIWMB Adjustment Method calculation based on the
CIWMB approved new base year (1998) study, and preparing materials for CIWMB Office
of Local Assistance requested information regarding City of Vernon programs. We will
also attend any CIWMB Board or staff meetings at which the City's Annual Report or
waste diversion efforts are considered.
Subtask 1.3 - Conduct Business Waste Assessments
We will continue with the City's program of providing its businesses with technical
recycling assistance. We will perform business waste assessments for 100 of the City's
businesses in fiscal year 2003 and 2004. (For a total of 200 businesses waste assessments).
Irecycled 0 paper
MSW Consultants
A Team of Independent solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 3 of 9
We expect to complete the first phase of these waste generation studies in November of
2002. We expect to complete the second phase in November of 2003.
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. We will assist the businesses we visit in designing and implementing recycling
programs.
We will continue our "Waste Reduction and Recycling Technical Assistance Outreach"
effort to businesses located in the City of Vernon. We will Utilize updated waste
reduction and recycling quantification techniques consistent with the CFA M 3 approved
Diversion Study Guide to estimate impact of existing and new programs. Our long-term
goal is to develop the infrastructure to be able to conduct a new base year study for the
year 2005, if necessary.
Subtask 1.4 — WRAP Award Assistance for Businesses
For those businesses we visit that already have exemplary recycling programs, we will
assist them in preparing documentation for the WRAP award nomination process. A new
C ATMB form has been developed that is intended to simplify the application process.
Alternatively, the City may host a local awards recognition event, or participate in the
development of a regional program hosted by the proposed Los Angeles Regional Agency
(LARA).
ISubtask 1.5 — Develop Construction and Demolition (C&D) Recycling Ordinance
We will assist the City in the implementation of a C & D recycling ordinance. This is one of
the benchmarks that the CIWMB looks for in "good faith" programs implemented by the
jurisdiction. We will develop a draft ordinance/policy with a tracking mechanism. We will
develop a C&D guide for contractors and provide technical assistance as requested by the
City.
recycW 1*11
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MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 4 of 9
Subtask 1.6 — Develop Buy Recycled Policy
This is another one of the benchmarks that the CIWMB looks for in "good faith" programs
implemented by the jurisdiction. We will develop a draft ordinance/policy with a tracking
system and monitoring database for use by the City's purchasing department. This system
will be consistent with the forms required of State Facilities to report their recycled content
purchases.
Subtask 1.7 - Conduct Limited Pilot Regional Diversion Facility Residual Study
The City of Vernon hosts a large number of "regional diversion facilities". Their disposal
and diversion can significantly impact the diversion rate of the City and of other
jurisdictions. However, many of the standards used to quantify and document the
disposal and diversion has not been finalized.
We recommend beginning preparations in 2003 for conducting a pilot regional diversion
facility residual study. The study will include working with the CIWMB on the survey
and documentation standards required to quantify/qualify the diversion and residual tons
to modify the Disposal Reporting System. Residual tons attributable to regional diversion
facilities can be deducted from the DRS. Recycled tons attributable to the City of Vernon
can be counted as diversion tonnage for a new base year, if necessary.
This study should be conducted in preparation for 2005 because of the potential need for a
P P
new base year study. Therefore, we will conduct a limited pilot to finalize the standards
for a full-scale study. The scope of this project does not include a full-scale study of
regional diversion facilities. If a full-scale study of regional diversion studies is required,
our proposed fees will need to be adjusted.
Task 2 — Review Franchise Fee Payments and Reported Tons
Task 2.1— Summarize all fee payments and meet with City quarterly
Once each calendar uarter, we will su
mmarize ummanze the reported gross receipts, fee payments,
and tonnage amounts from the Quarterly Solid Waste Reports submitted by the City's
4 recycled CO paper
MSW Consultants
_ A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 5 of 9
refuse haulers. We will analyze the amounts submitted by the haulers by calculating the
gross receipts per ton for each hauler. We will compare the tons reported by the haulers
with the most recently available data from the Puente Hills landfill
Task 2.2 — Perform on -site reviews of 30 franchised haulers each fiscal year
During February through June in each fiscal year, we will contact and visit each of the
City's 30 franchised 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 most recently completed calendar year.
For example, the scope of our review for the reviews we perform in the Spring of 2003 will
include the Quarterly Solid Waste Reports for calendar year 2002.
We will verify the mathematical accuracy of each of the 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 P City. re tonnage reported to the Ci . 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.
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,
MSW Consultants
. A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 6 of 9
a
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.
Subtask 2.3 — Compare tonnage and resolve discrepancies
Each quarter, we will obtain the disposal tonnage reports for the most recent calendar
quarters from the Puente Hills landfill, the Commerce Waste -to -Energy facility, and the
Innovative Waste Control transfer station. 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
P tY
will work with City staff, the Los Angeles County Sanitation District, Innovative Wast
4 Control, and the refuse haulers to resolve any major discrepancies.
LIMITATIONS
Our scope of work and our findings are subject to certain limitations. 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.
Additionally, our review of the refuse haulers' fee payments and reported tonnage will be
based upon the procedures we described in Task 2 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.
recycled co paper
MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 7 of 9
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, SKS Professional Services, Inc.,
which 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 SKS Professional Services.
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 15 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 50
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
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MSW Consultants
A Team of Independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 8 of 9
perform the reconciliation of the haulers reported tonnage to the landfill tonnage data. He
4 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 29 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 works with the CIVVTMB,
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 City's Annual Reports, and oversee the
other AB 939 compliance tasks.
® Ms. Judy Chan, CPA - Project Analyst
7
Ms. Chan is a Certified Public Accountant with 18 years of public accounting experience.
Ms. Chan has extensive experience in providing municipalities and non-profit agencies
with performance and compliance auditing,
P p g, 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.
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MSW Consultants
A Team of independent Solid Waste Professionals
Mr. Lew Pozzebon
June 24, 2002
Page 9 of 9
PROJECT FEES
We will perform the tasks described in the. above Scope of Work section for an amount not
to exceed $103,000 in fiscal year 2003, and $103,000 in fiscal year 2004. 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.
We appreciate this opportunity to offer our services to the City of Vernon. If you have any
questions, please feel free to call me at 909/694-4001.
Sincerely yours,
David L. Davis, CMA
Principal
Attachments
Exhibits 1 and 2
4 recycled 'CA paper
MSW Consultants
i A Team of Independent Solid Waste Professionals
Exhibit 1
City of Vernon
AB 939 Compliance and Franchise Fee Review Services
Proposed Fees - Fiscal 2002-03
Team Member Subtotal
Task Description
Davis Chan
1 AB 939 Compilance
1.1 Biennial review and documentation
1.2 2002 Annual Report prepamtkm
13 Business warn assessments
1.4 WRAP Award assistance
1.5 CAD Recycling Ordinance
1.6 Buy Recycled Policy
1.7 Regional Diversion Facility Study
0
Subtotal: Task 1 Hours
0
0
0
Subtotal: Task 1 Fees
SO
so
so
2 Hauler Fee Payment Reviews
2.1 Summarize all haulers fee payments quarterly
32
32
2.2 Perform reviews of 30 haulers
320
80
400
203 Compare tonnage. resolve discrepancies
60
60
Subtotal: Task 2 Hours
412
80
492
Subtotal: Task 2 Fees
$47.380
58,800
$56,190
Total Hours
412
so
492
Hourly Rate
MIS
$110
Total Fees
547,380
58,800
556,180
Expenses
$820
Total Fees and Expenses
557,000
Team Member
Subtotal
Tsemg �I I i
Sr. Staff Staff
4
8
4
4
0
20
16
8
4
4
0
32
10
40
8
8
360
426
2
8
0
0
40
50
4
8
4
4
0
20
4
8
4
4
0
20
0
0
0
0
0
0
40
80
24
24
400
568
55,000
56,400
SZ400
S1,920
530,000
545,720
0
0
0
0
0
0
0
0
0
m
so
so
SO
so
SO
40
80
24
24
400
568
$125
S80
$100
S80
$75
S5,000
56,400
52,400
$1,920
S30,000
545,720
$290
S46,000
Amwal
Total FY
2002.03
$45,720
556,180
$101,900
$1,100
SI03,000
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MSW Consultants
A Team of Independent Solid Waste Professionals
Exhibit 2
City of Vernon
AB 939 Compliance and Franchise Fee Review Services
Proposed Fees - Fiscal 2003-04
Task Description
Team Member
Subtotal
Davis
Chan
1 AB 939 Compliance
1.1 Biennial review and documentation
1.2 2003 Annual Report preparation
1.3 Business waste assessments
1.4 WRAP Award assistance
1.5 Cd:D Recycling Ordinance
1.6 Buy Recycled Policy
1.7 Regional Diversion Facility Study
0
Subtotal: Task I Hours
0
0
0
Subtotal: Task I Fees
SO
SO
s0
2 Hauler Fee Payment Reviews
2.1 Summarize all haulers fee payments quarterly
32
32
2.2 Perform reviews of 30 haulers
320
80
400
203 Compare, tonnage; resolve discrepancies
60
60
Subtotal: Task 2 Hours
412
80
492
Subsotal: Task 2 Fees
S47,380
S8,800
S56,180
Total Hours
412
80
492
Hourly Rate
Sits
$110
Toad Fees
$47.390
S8,800
S56,180
Expenses
S820
Total Fees and Expenses
S57,000
Team Member
Tseog mparont . Sr. Staff Stall'
4
8
4
4
0
20
16
8
4
4
0
32
10
40
8
8
360
426
2
8
0
0
40
5o
0
0
0
0
0
-0
0
0
0
0
0
0
8
16
8
8
0
40
40
80
24
24
400
568
$5,000
$6,400
S2,400
S1,920
$30,000
S45,720
0
0
0
0
0
0
0
0
0
SO
SO
s0
s0
$0
m
40
80
24
24
400
%8
S125
S80
5100
$80
$75
$5,000
S6,400
SZ400
S1,920
$30,000
S45,720
$290
S46,000
recycled C i paper
M
Annual
Total FY
2003-04
I S45,720
I S56,180
$101,900
$1,100
$103,000
. r
.1 EXHIBIT B
2
INSURANCE SCHEDULE (CONSULTANT)
3
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at
4 least the following amounts and coverage (combined single limit permitted):
5 I
Coverage and Limits
6 Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
7
8 Automobile Liability
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
11 Employers' Liability $1 000 000 per employer
12 II. General and Professional Liability
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
15 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
16 Contract Liability $1,000 000 $2 000 000 $1,000,000
17 Professional Liability $1 nr - 000 $1,000 000 $1,000,000
18 a. The general liability policy shall contain the following special endorsements which shall be
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
20 insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or
2 i material reduction of coverage.
22 3. An endorsement providing coverage for all operations under this Agreement.
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
24 coverage shall be furnished in the form checked below. Certification of the following proofs by
25 the insurance aizent or broker will not be accepted:
26 X For each policy, a notarized letter from the underwriter or carrier certifying that the
coverage and statements in the standard certificate of insurance (attached thereto) are true
27 and correct and that the signator is an officer authorized to so certify.
28 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized.
EXHIBIT B