HomeMy WebLinkAboutContracts & Agreements_75-96_CCv0001.pdf AGREEMENT TO FURNISH
PROFESSIONAL SERVICES FOR INTEGRATED WASTE MANAGEMENT REPORTING
FOR AB 939
This Agreement is made and entered into this 6th day of August, 1996 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and P. F. Ryan and Associates, Inc.
(hereinafter "Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform
consulting services for integrated waste management reporting(the"Services")for the City's
Solid Waste Division AB 939 Reporting (the "Project").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide high quality
Services for the Project at the level of competency presently maintained by other practicing
professional consultants in the industry providing similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Attachment "I," entitled "Professional Services Proposal," which is attached hereto and
incorporated herein by this reference.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services,
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
property as required by Consultant to perform the Services.
3.3 City designates Janet Miller, Special Collections Coordinator,to act as its representative with
respect to the Services to be performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a diligent manner and in accordance with the
schedule set forth in Attachment 3 - Schedule.
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ARTICLE 5 - PAYMENTS TO THE.CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$1950. City shall pay Consultant on a time and materials basis at the hourly rates shown in
Attachment 2 - Proposed Budget.
5.2 Consultant shall bill City within ten days following the close of each month by submitting
an invoice indicating the Services performed,who performed the Services,indirect costs,and
the detailed cost of all Services including backup documentation. Payments by City to
Consultant shall be made within 30 days after receipt and approval of Consultant's invoice,
by warrant payable to Consultant.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as
follows:
Citv Consultant
Valorie Shatynski Paul Ryan
Municipal Utilities Department P.F. Ryan and Associates, Inc.
35 Cajon Street 1700 Hamner Avenue, Suite 200
P. O. Box 3005 Norco, CA 91760
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices, bill and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills, and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain
insurance to protect City from claims for damage and liability due to bodily injury, personal
injury and death, at the business address of the Consultant while performing the Services
required by this Agreement. Said general liability insurance shall be in a minimum of
$1,000,000, and in the aggregate. Consultant shall maintain comprehensive automobile
liability insurance with a combined single limit of$350.000 for bodily injury and property
damage. Consultant shall maintain professional liability insurance in the aggregate amount
of $500,000 with a minimum of $500,000 per occurrence. City shall be named as an
additional insured. under all policies for liability, comprehensive automobile liability and
professional liability insurance, and such insurance shall be primary with respect to City and
non-contributing to any insurance or self-insurance maintained by City. Consultant shall
provide City with certificates of insurance evidencing such insurance coverage prior to
commencing the Services.
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6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers,
agents and employees from and against all claims, loss, damage, charges or expense, to
which it or any of them may be put or subjected to the extent that they arise out of or result
from any willful or negligent act or actions, omission or failure to act on the part of the
Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of
them or anyone for whose acts or omissions any of them maybe liable in the performance of
the Services required by this Agreement.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees.
7.2 Consultant shall not assign any of the Services required by this Agreement, except with the
prior written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
7.3 Consultant's key personnel for the Project are: Paul Ryan - Project Manager. Consultant
agrees that the key personnel including professionals and sub-consultants shall be made
available and assigned to the Project,and that they shall not be replaced without concurrence
from City.
7.4 All documents, records, drawings, designs, costs estimates, electronic data files and
databases and other Project documents developed by the Consultant pursuant to this
Agreement shall become the property of City and shall be delivered to City upon completion
of the Services or upon the request of City. Any reuse of such documents for other projects
and any use of incomplete documents will be at City's sole risk.
7.5 Consultant is for all purposes an independent contractor. All personnel and/or qualified
professionals and/or sub-consultants employed or used by Consultant are for its account
only,and in no event shall Consultant or any personnel retained by it be deemed to have been
employed by City or engaged by City for the account of or on behalf of City.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.7 This Agreement may be terminated by either party, without cause, by providing thirty (30)
days prior written notice to the other(delivered by certified mail, rei
of intent to terminate. turn receipt requested)
7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
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be made,but(1)no amount shall be allowed for anticipated profit or unperformed services,
and(2)any payment due Consultant at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant.
7.9 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services
affected,and(2)deliver or otherwise make available to City, copies (in both hard copy and
electronic form, where applicable), of any data, design calculations, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by Consultant in performing the Services required by this
Agreement.
7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all
expenses. Such books shall be available at all reasonable times for examination by the City
at the office of Consultant.
7.11 This Agreement, including"the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties and any prior negotiations,proposals
or oral agreements are superseded by this Agreement. Any amendment to this Agreement
shall be in writing,approved by the City Council of City and signed by City and Consultant.
7.12 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands P.F. Ryan and Associates, Inc.
("City") ("Consultant")
By:
SWEN LARSON PAUL F. RYAN
Mayor President
ATTEST:
City QJerk, City o
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ATTACHMENT I
PROFESSIONAL SERVICES PROPOSAL
A:ryan,agt
P, F. Ryan and Associates, Inc.
1700 Hamner Avenue,Suits 200
ef V rOnmental and management consulting Norco,Caiifornia 91760
Phone(909)735-5987 Fax(909)735-2149
Attachment I
Professional Services Proposal
DATE: July 26, 1996
TO: Valerie Shattyriski
City of Redlands
FROM- Paul Ryan, P.F. Ryan and Associates
Dennis Wambem, Land Use Economics
SUBJECT: CIWMB Annual Report Preparation Assistance
I Background
Public Resources Code (PRC) §41821 (f) requires each city, and regional agency
in California to prepare and submit an annual report to the Coofornia Integrated Waste
Management Board (CIWMB) summarizing its progress toward meeting the 25% and
50% diversion goals specified in PRC §41780. Each report must include estimates of
waste generated and disposed for calendar year 1995, and estimated diversion. The
report must also discuss each program in the SPRE and HHWE for the City of Redlands
2 Technical Issues Surrounding the Annual Report Preparation
There are a number of technical issues which City staff should carefully consider when
preparing its the annual report.
State Model as Specified in OCR. The California Code of Regulations (CCR) specifies
the factors and formulas to be used in estimating 1995 waste generation. Choices do
exist, however in whether a jurisdiction uses state or county default factors, or provides
its own factors based on local conditions.
Base Year Conditions. Because 1995 waste generation is projected from 1990 base
year conditions, it is important to consider the accuracy and validity of the waste
characterization studies. In many cases, the 1990 data were estimated through
photogrammetric and other tecriniques and were not based on actual weights.
Dependling on individual circumstances, in
I accuracies in the 1990 may hinder jurisdictions
in showing 25% diversion In 1995, Therefore, It Is Important to critically review the 1930
base year data and make adjustments when preparing annual reports.
July 26, 1996
City of Redlands CI1I Ml3 Annual Report Assistance
page two
Tonnage Tracking in 1995. The disposal for 1995 will be based on the tonnage tracloring
systems of each county. These tonnage tracking records are subject to error in
assignment of waste= to jurisdictions, The City will audit its tonnage tracking information
and eliminate orphaned waste.
Special Considerations. Jurisdictions may exclude wastes from regional medical waste
facilities, and residues from regional composting facilities and MRFs- It is important to
account for these facilities in the calculations of 1995 disposal.
Construction and Demolition (C&D) Waste. While not specifically recognized in the
state formula, it is felt that any special circumstances regarding C&D waste in both the
base year and 1995 should be considered.
3 Scope of Services
Based on the above considerations and our previous discussions, the following scope of
services is proposed:
Task Analyze the SRRE, waste characterization study, economic and
darrographic data and other City data to be provided by City Staff to complete the
estimates of waste generation and diversion in 1995 required in Part A of the annual
report.
Task 2 Provide technical analysis and policy support to City staff in completing the
annual report analysis.
Task Provide assistance to City staff in preparing the annual report documents,
We propose a budget not to exceed $2,950 for the above tasks, including all labor costs
and expenses, as shown in Attachment 2. The schedule is shown in Attachment 3,
f
ATTACHMENT 2
PROPOSED BUDGET
Attachment 2
City of Redlands
Source Reduction and Recyling Element {ERRE)
CIWMB Annual Report Assistance
Proposed Oudget
Percent
Hours Cost' of Total
Technical Assistance Tasks
Analyze SRRE and Waste Characterization Study 8 5600 21-1%
Provide Annual Report Technical Analysis and Policy SupWto Staff 21 1,575 55.3%
1 Provide Assistance to Staff in Preparing Annual Report Documents q U-6 23.71)A
Total Labor, 38 $2,850 100,0%
Local Travel, Reproduction and Postage 10
Total Budget S2,950
lfoto; 1. Labcr ousts are based on a con,bMed average rate of$75 per hour, Individuai staff are billed at M&
foVowing rates:
Principal/seniorprofessional: $100 per hour
AssociateIresearch assistant: $55 per hour
clerical: $35 per hour
ATTACHMENT 3
SCHEDULE
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Attachment 3
City of Redlands
C; WMB Annual Report
Schedule
-- r
_ Week Beginning Monday _
Task 06 Au 12-Au t9 Au -- 26-A� 02-Sep 09-Sep f 18 Sep 23-Sep--' 30-Se 07 C�cC
_ Z �_-1 � _�-- — p 1_=
1 Analyze SRRE and WCS
2 Technical Analysis
3 Annual Deport Preparation
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July 26, 1996
Elsie Brenneman
Annual Report Coordinator
California Integrated Waste Management Board
8800 Cal Center Dr.
Sacramento CA 95826
1995 ANNUAL REPORT
This letter serves as formal notice from the City of Redlands that our 1995 Annual Report will be
delayed from the due date of August 1, 1996. This delay is due to the complexity and severity of
data problems we have encountered in both our base year and our reporting year tonnages.
These inaccuracies are currently being throughly investigated and analyzed by staff so that we may
submit our 1995 Annual Report with data that is as accurate as possible and is a correct
representation of our diversion success.
We anticipate that our report will be submitted within 90 days of the original due date.
GARY G. LPS
Municipa tilities Director
JLM:jm
xc: Gary Luebbers, City Manager
Valorie Shatynski, Solid Waste Manager
Janet Miller, Special Collections Coordinator
P.O. BOX 3005 REDLANDS, CA 92373
•
INITIAL ASSISTANCE FOR JURISDICTIONS WITH DATA PROBLEMS
If a jurisdiction believes they have a data problem, what could they do?
► DON'T PANIC. THIS IS A STATEWIDE ISSUE!!! Many jurisdictions throughout the state
have expressed concerns about their calculated diversion rate being too low (and are worried not
only about meeting their goal but also regarding the public/political perceptions), or belnig too
high (and are worried their jurisdiction's administrators will cancel implementation of important
programs that will later prove to be necessary to meet their disposal reduction goal).
► Discuss your situation in your annual report. The model annual report has su-geested areas for a
jurisdiction to submit information regarding base-year errors (in A-2), reporting-year errors (in A-
3), or any additional information that a jurisdiction would like to present for Board staff's
consideration (in A-4). Because the model is only a suggested and not a required format, a
jurisdiction may submit the required information in an alternative format that might highlight the
data that the jurisdiction believes to be most representative of their jurisdiction. Note:: There is
no formal process to request an ejaension on the annual report submittal date, so if your-annual
report is being delayed for any reason,' be suir-ito'notify Board staff in writing.
► It is important to be aware of the fact that compliance enforcement will also be based on a
jurisdiction's good faith efforts in implementin-R programsand not solely on meeting the disposal
reduction goals. Refer to the "Summary of Compliance Enforcement Process" on the following
page. Also refer to the Board's report, "Failure to Implement a Source Reduction and Recycling
Element (SRRE) and Household Hazardous Waste Element (HHWE)" for an explanation of the
process and criteria the Board will use in determining compliance at the time of the statutorily
required biennial review. For a copy of this report, contact your Office of Local Assistance
(OLA) representative.
► DO spend some time reviewing the attached information, begin to investigate and determine the
sources of any data errors, discuss this with your peers, and attempt to quantify a revision for
data problems that are correctable. In some cases a correction to the data cannot be reasonably
made, but a discussion of the problem can still be included in the annual report. Include as much
available documentation as you feel is reasonable to substantiate your correction. Focus efforts
on the errors with the highest potential for impacting tonnages and begin with the most readily
available data.
What is the Integrated Waste Management Board doing about data problems?
The Board has assembled a working group comprised of jurisdiction and waste management
representatives from throughout the state. The purpose of the working group is to develop technical
guidance for jurisdictions and to make recommendations to the Board regarding:
► Investigating and identifying, or diagnosing, the problems (how to identify the sources of
errors)
Applicable problem-specific solutions (once a problem is identified, can a solution be
quantified?)
► Alternative solution options (if a problem-specific solution cannot be quantified, what are
other ways to correct the problem?)
Documentation requirements (what criteria should be established far a jurisdiction's
'Submittals to revise data?)
10. Board's review and approval process (what should the Board consider regarding their
review and approval process far revisions?)
Ssm c:\datafile\baseyear\1996\rassistl.doc 2 July 12, 1996
Y
cul o
July 261, 1996
Elsie Brenneman
Annual Report Coordinator
California Integrated Waste Management Board
8800 Cal Center Dr.
Sacramento CA 95826
1995 ANNUAL REPORT
This letter serves as formal notice from the City of Redlands that our 1995 Annual Report will be
delayed from the due date of August 1, 1996. This delay is due to the complexity and severity of
data problems we have encountered in both our base year and our reporting year tonnages.
These inaccuracies are currently being throughly investigated and analyzed by staff so that we may
submit our 1995 Annual Report with data that is as accurate as possible and is a correct
representation of our diversion success.
We anticipate that our report will be submitted within 90 days of the original due date.
GARY G. LP Municipa tilities Director
JLM:jm
xc: Gary Luebbers, City Manager
Valorie Shatynski, Solid Waste Manager
Janet Miller, Special Collections Coordinator
4M P.O. BOX 3005 • REDLANDS, CA 92373
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DATE OF THIS NOTICE: 10-111 -9.0 CP 575
4lam DePartinent of the Treasury EMPLOYER IDENTIFICATION NUMBER: 33-0432642
Internet Revenue Service TAX PERIOD ENDING( 12
FRESNO CA 93835 3916707265 a
For owstonte You
P F RYAN AND ASSOCIATES INC
X PAUL F RYAN
3002 CORONA AVE
NORCO CA 91760 Or you tney write to us at the address
show"at sit@ 1*4- if YOU write,be
sure to attach the bottom Part of this
to,..
TAX FORMS YOU MUST FILE
941 1120 940
Notice of Now Employer Identification Number Assigned
Thank you for your Form S&4,Application for Employer Identification Number(EIN). The number assigned to you
is shown above. This number will be used to Identify your business account and related tax returns and documents,"an if
you do not have employees.
1. Keep a copy of this number in your permanent r4COrdL'
2. Use this number and your name exactly as shown above,on oil Federal tax forms.
3. Use this number on all tax Payments and tax related correspondence or documents.
Any variation used when filing tax returns,making FTD Payments or subsequent Payments may result I impro --a
delayed posting of payments to Your account and/or the assignment of more than one EIN. a per or
The filing niqUiniment(s)and tax period shown above have been established for your account based on information
contained on Your Form SS-4. If You are a trust.your tax Year generally must be a calendar year,unless you are exempt from
taxation under section Sol(a)of the internal Revenue Cod*or&charitable trustion 4 47( of,
To help you to determine your required tax year,you they obtain Publication 638,Accounting Periods and Methods
described In sect, 9 4)(11 the Code.
This Publication is available at Most IRS offices for more Information.
Please note that the assignment of this number does not Want tgx.*x
*mPt sun's to nonprofit organizations. Any
,rganization(Other than a Private foundation)having annual gross receipts normally of $5,000 or less is exempt by statute
if it meats the requirements of Section$01(c)(3)of the Internal Revenue Code. Then Organizations are not required to file
Form 1023(Application for Recognition of Exemption)or file Form 990(Return Of Organization Exempt from Income Tax).
However,if the organization wants to establish Its exemption with the internal Revenue Service and receive is ruling or
determination letter rociWizing its exempt status,It should fit*Form 1023 with the key district director. For datoils on how
to apply for this exemption,see IRS publication 557,Tax-Exampt Status for Your Organization,available at most IRS offices.-
Thank you for Your cooperation.
KOM this Part for your rocords. CP M(Rev.10-89)
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