Resolution No. 6064
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RESOLUTION NO. 6064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON GRANTING A CONDITIONAL USE PERMIT
TO A & L FUEL FOR THE OPERATION OF A DIESEL
FUEL STATION AT 3240 BANDINI BOULEVARD
WHEREAS, A & L Fuel has applied for a conditional
use permit to operate a diesel fuel station at 3240 Bandini
Boulevard; and
WHEREAS, the City Council of the City of Vernon
held a hearing on said application for a conditional use
permit on March 17, 1992; and
WHEREAS, the proposed operation is a conforming
use in the Heavy Industry (M2) Zone which requires a
conditional use permit under the Zoning Ordinance in order
to continue the use; and
WHEREAS, the proposed site is adequate in size,
shape and topography for the proposed operation, has
adequate drainage, and a masonry wall or landscaping will be
installed where parking areas adjoin a public street
pursuant to the Vernon City Code; and
WHEREAS, the proposed site is surrounded by
industrial uses compatible with the proposed use and no
adverse effect from traffic, parking, noise, odors, dust,
smoke, light or glare, or risk of fire, infection or
explosion is anticipated from the proposed operation; and
WHEREAS, the site has access to Bandini Boulevard
and in general traffic will travel from all directions to
the site. All streets in the vicinity are of adequate width
and pavement type to handle the traffic generated from the
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1 proposed operations; and
2 WHEREAS, the site is required to have adequate
3 offstreet parking and loading facilities in accordance with
4 the Vernon City Code; and
5 WHEREAS, the conditions imposed on the conditional
6 use permit will adequately protect the public health, safety
7 and general welfare and the operation is consistent with all
8 applicable rules and laws of the City of Vernon; and
9 WHEREAS, the proposed use as to location,
10 operation, and design is consistent with the General Plan
11 and the Zoning Ordinance of the City of Vernon; and
12 WHEREAS, the project was found to be categorically
13 exempt from the California Environmental Quality Act per
14 Section 15301 of the California Environmental Quality Act
15 Guidelines and a Notice of Exemption shall be filed with the
16 County Clerk per Section 15062 of the California
17 Environmental Quality Act Guidelines.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
19 OF THE CITY OF VERNON AS FOLLOWS:
20 SECTION 1: The City Council of the City of Vernon
21 hereby finds and determines that the recitals contained
22 hereinabove are true and correct.
23 SECTION ~: In order to adequately protect the
24 public health, safety and general welfare the following
25 conditions are imposed:
26 a. The facility shall be operated in accordance
27 with, and made to conform with all current codes, rules,
28 regulations and subject to permit fees as adopted by the
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1 City of Vernon. The facility shall be operated in a manner
2 that will prevent unsanitary conditions, odors or other
3 nuisances. A & L Fuel shall obtain a business license and
4 occupancy permit.
5 b. Any hazardous substances used, handled or
6 stored shall have prior approval from the Vernon Fire and
7 Health Departments. A Health Permit shall be obtained and
8 maintained for any reportable quantities of hazardous
9 materials on the site.
10 c. The number of employee parking spaces required
11 per Vernon City Code shall be provided and maintained.
12 d. All parking, loading and maneuvering
13 facilities shall be paved with a hard durable surface
14 material and shall be adequately drained, and kept free of
15 dust, mud, trash or weeds.
16 e. Where parking areas adjoin a public street or
17 streets, a masonry wall not less than 30 inches in height,
18 or landscaped area a minimum of 4 feet in width, measured
19 from the property line, shall be established along such
20 frontage, except at driveways, walkways or where other
21 openings are necessary.
22 f. A & L Fuel shall not service, wash or repair
23 vehicles at this facility without prior approval from the
24 City.
25 g. Adequate plans and materials must be available
26 for handling leaks or spills of fuels.
27 h. A & L Fuel shall obtain and maintain an
28 underground tank permit. The underground storage tank
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1 monitoring systems shall be checked by a qualified service
2 person. Monitoring systems must meet the requirements of
3 City Ordinance No. 944. A & L Fuel shall provide a system
4 to positively shut down the westerly tank's turbine pump in
5 the event of a leak alarm and provide a state of the art
6 overspill protection for each tank fill opening. The tanks
7 and dispensers shall meet all current City codes.
8 i. Broken or cracked sidewalk, curb, gutter or
9 driveway in Bandini Boulevard adjacent to the site shall be
10 repaired as directed by the Director of Community Services.
11 Guard posts shall be constructed at the ends of the
12 driveway. Unused driveways shall be removed and replaced
13 with curb gutter and sidewalk.
14 j. A & L Fuel shall obtain a sales tax permit
15 from the State Board of Equalization bearing the City of
16 Vernon Tax number 19039.
17 k. The facility shall be operated in a manner
18 which will not impede traffic on Bandini Boulevard. All
19 operations, including truck parking, shall be onsite and
20 limited to the lot located at 3240 Bandini Boulevard.
21 l. A & L Fuel Shall obtain and maintain all
22 required air quality permits.
23 SECTION 3: Subject to the conditions set forth
24 above, the conditional use permit is granted to A & L Fuel
25 for the operation of a diesel fuel station at 3240 Bandini
26 Boulevard.
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SECTIO~ 4: The City Clerk of the City of Vernon
shall certify to the passage of this resolution and
thereupon and thereafter the same shall be in full force and
effect.
ATTEST:
A
BRUCE V.
APPROVED AND ADOPTED this 17th day of March, 1992.
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LEONIS C. . G, May r
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MALKENHORST, C1ty Clerk
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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. 6064, was duly adopted by the City of
Vernon at a regular meeting of the City Council duly held on
Tuesday, March 17, 1992 and thereafter was duly signed by
the Mayor of the city of v~n.. ~~
BRUCE V. MALKENHORST, C1ty Clerk
(SEAL)
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EXECUTION COpy
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CONSULTING AGREEMENT
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THIS AGREEMENT is made, entered into and executed in
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duplicate originals, either copy of which may be considered and used
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as the original hereof, for all purposes, as of the 24th day of
February, 1992,
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California
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BY AND BETWEEN
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12 AND
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17 AND
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in the City of Vernon, County of Los Angeles,
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "VERNON")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
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REDEVELOPMENT AGENCY OF THE CITY OF
VERNON, a Public Body, Corporate and
Politic, duly created and established
pursuant to the Community Development
Act of the State of California
(hereinafter referred to as "AGENCY")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
COTTON/BELAND/ASSOCIATES, INC.
(hereinafter referred to as
"CONSULTANT" )
747 East Green Street, suite 400
Pasadena, CA 91101
(818) 304-0102
RECITALS
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WHEREAS, it is the desire of VERNON and the AGENCY to hire
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the CONSULTANT for the purpose of preparing the Initial Study/Notice
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of Preparation (NOP) for establishing an Enterprise Zone consisting
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of the Cities of Vernon and Bell, as part of the application by
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VERNON, the AGENCY, the City of Bell and the Redevelopment Agency of
the City of Bell for designation by the State of California as an
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Enterprise Zone; and
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WHEREAS, the CONSULTANT represents to VERNON and the
2 AGENCY that CONSULTANT is qualified by training and experience to
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3 prepare the Initial studYINOP for the prospective Enterprise Zone.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
5 AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS
6 FOLLOWS:
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SECTION 1: Scope of Services.
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The services to be provided are described in Attachment A
9 which is attached hereto and made a part of this Agreement.
10 Essentially, these services consist of preparing the Initial
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Study /NOP for establishing an Enterprise Zone consisting of the
12 Cities of Vernon and Bell and their respective redevelopment
13 agencies.
SECTION 2: Performance.
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15 The CONSULTANT agrees that all services provided will be
16 conducted by the. principal and competent staff members working under
17 the supervision of the principal and that services will be performed
18 and rendered diligently.
SECTION 3: Compensation.
20 For the above services, VERNON and the AGENCY agree to
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21 compensate the CONSULTANT at a cost not to exceed six Thousand
22 Dollars ($6,000.00), at the rates set forth in CONSULTANT's fee
23 schedule, which is attached hereto and made a part hereof as
24 Attachment B.
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SECTION 4: Method of Payment.
Because of the short amount of time available to complete
27 preparation of the Initial Study/NOP, the Parties agree that
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1 CONSULTANT will submit an invoice to VERNON and the AGENCY after this
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2 completion of the work, and that VERNON and the AGENCY will pay the eir
3 amount of the invoice to CONSULTANT within thirty (30) days of ear
4 receipt of the invoice.
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SECTION 5: Authorization for Additional Services.
6 The CONSULTANT will not undertake additional services
7 beyond those approved without written authorization from VERNON and
8 the AGENCY. VERNON and the AGENCY agree to compensate CONSULTANT
9 for any authorized additional services.
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SECTION 6: Cancellation.
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VERNON and the AGENCY reserve the right to cancel and
2 terminate this Agreement upon thirty (30) days written notice.
3 VERNON and the AGENCY agree to compensate CONSULTANT for actual
4 costs incurred prior to the cancellation of the Agreement.
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SEE ATTACHMENT C WHICH IS ATTACHED HERETO AND MADE A PART
6 CONSULTANT agrees to protect, defend, in .
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7 harmless VERNON and
any and all liability,
judgments for the injuries or
8 damages I claims,
9 death of
s, or damages to the property or other rights of
CONSULTANT.~
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SECTION 8: Ownership.
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All final documents prepared pursuant to this Agreement
3 are the property of VERNON and the AGENCY, which have the
4 unrestricted authority to publish, disclose, distribute and
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otherwise use, in whole or in part, any final documents prepared
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under this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have executed this
2 Agreement, or caused this Agreement to be executed, by their
3 respective officers, duly authorized, as of the date, month and year
4 first above written.
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CITY OF VERNON
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By: ~).
~~# - LEONIS C. M" BURG, M yor
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9 BRUCE V. MALKENHORST, City Clerk
10 APPROVED AS TO FORM:
11 D~~~~OrneY
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REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
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By: c:; . / . '0 .
-- L a~
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16 ATTEST:
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18 BRUCE V. MALKENHORST, Secretary
19 APPROVED AS TO FORM:
20 ~~B~~~ounsel
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By:
COTTOy!BE~~D/AS~'9'S,
~tl~
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INC.
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Title:
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PROFESSIONAL SERVICES AGREEMENT
1. IDENTIFICATION
1bis Agreement is effective as of the twentieth day of February, 1992, by
and between the CITY OF VERNON (hereinafter collectively referred to as
CLIENf) and COTION/BELANDI ASSOCIATES, INC. (hereinafter referred to
as "CBAIl).
2. RECITALS
Whereas, CLIENT desires to retain CBA to perform professional planning
services in conjunction with the State Enterprise Zone Application project;
Whereas, CBA is well qualified by reason of education and experience to
perform such services; and
Whereas, CBA is willing to render such professional selViccs as hereinafter
defined.
Now, therefore, for and in consideration of the m~tual covcnants and
conditions herein contained, CLIENT hereby engages CBA and CBA agrees to
provide professional services in the completion of necessary environmental
documentation to accompany Enterprise Zone applications.
3. AGREEMENTS
3.1 Definitions: The following definitions shall apply to the following
terms, except where the terms of this Agreement othetwise require:
3.1.1 "Project": The project described in the attached Exhibit 1.
3.1.2 "SeIVices"; Such professional services as are necessary to be
performed by CBA.in order to complete the plans and studies
describcd in the aforesaid Exhibit 1.
3.1.3 "Study Area": Thc property (or land) in the cities of Vernon
and Bell bounded by the corporate city limits of the cities of
Vernon and Bell and such adjacent lands as CI3Adetermines
may have any impact or influence on the plans which CBA
shall prepare in the performance of the aforesaid services.
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ATTACHMENT "A"
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3.2 Agreements of CBA: CBA agrees as follows:
3.2.1 That CI3A will prepare environment.al documents required by
the State Department of Commerce for the Enterprise l..one
application process. CBA will prepare the docwnents
according to the attached Exhibit I and consistent with the
State and City guidelines for such documents.
3,2.2 That CBA. at CBA's sole cost and expense, may secure such
other persons as, in the opinion of CBA, are needed to comply
with the term of the Agreement and, if such persons are
retained by CBA, such persons shall be fully qualified to
perform such services.
3.2.3 Invoices for services shall be submitted by eBA in accord witb
the payment schedule contained in Section 3.3.
3.3 Agreements of CLIENT: CLIENT agrees to pay eRA on a
reimbursable basis in accordance with CBA's Standard Fee Schedule in
effect at the time the services are provided. Invoices shall be
submitted monthly or as work is performed by CBA and shall be paid
within 30 days.
4. O\VNERSHIP OF DOCUMENTS
All documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared by CBA under this Agre.ement shall be considered the
property of CLIENT upon payment for services performed by CllA. Said
documents and materials shall be delivered to CLIENT by CBA at the completion
of the project; however, CBA may take and retain such copies of said documents
and materials as desired.
5. TERMINATION
'This Agreement may be terminated by either party upon the giving of a
v..ntten "Notice of Termination" 'to the other party at least fifteen (15) days prior
to the termination date specified in said notice. In the event this Agreement is
terminated, CBA sllall be paid in full value of services rendered, based upon the
percentage of completion of CBA's work on the date of termination.
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ATTACHMENT "A"
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6. NOTICES
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Any and aU notices, demands, invoices, and written communications
between the parties by mail shall be addressed to the parties as folloWS:
Gerald Forde
City of Veroon
4305 Santa Fe Avenue
Vernon, California 90058
Donald A. Cotton
Cotton/Beland/ Associatcs, Inc.
747 Green Street, Suite 400
Pasadena, California 91101
Any such notices, demands. invoices and written communications by mail
shall be conclusively deemed to have been received by the addressee five days
after the deposit thereof in the United States Mail. postage prepaid and properly
addressed as noted above.
7. ENTIRE AGREEMENT
This Agrcementsupersedes any and all other agreements, either oral or in
writing. bctween the parties with respect to the subject matter herein. Each party
to this Agreement acknowledges that no representations 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.
8. SA VlNGS CLAUSE
If any provision of this Agreement is found to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
10. ATIORNEY'S FEES
In the event that legal action is necessary to enforce the provisions of thc
Agreement, the parties agree that the prevailing party in said legal aetion.hall be
entitled to recover attorney's fees from the opposing party in any amount
determined by the Court to be reasonable.
11. INSURANCE
CB~ INC. agrees to maintain in full force and cffect during the term of
this Agreement a public liability insurance policywith limits in the amount of
$1,000,000.00 which indemnifies the CUENT from all liability from loss, damage,
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ATTACHMENT "A"
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or injury to persons or property arising from negligence by CBA in the
performance of these services.
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ATTACHMENT "A"
12. COUNTERPART EXECUTION
This Agreement may be executed in counterparts, each of which so
executed shall be deemed an original irrespective of the date of the execution. and
said counterparts, together shall constitute one and the same agreement.
City of Vernon
CJ~d7aL~
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Signature
Donald A. Cotton
President
Name
Title
February '0, 1QQ?
Dale
Date
Project 316.13
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ATTACHMENT "A"
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EXHlllIT 1
SCOPE OF SERVICES
VERNON/BELL ENTERPRISE ZONE
INITIAL STUDY/NOTICE OF PREPARATION
Cotton/Beland/Associates (CBA) will prepare an Initial Study and Notice of
Preparation for the cHent'sEnterprise Zone Preliminary Application. CBA will
perform the following services:
Task 1: Project Description. CBA will prepare a general description of the
proposed project based on information provided by the cities of Vernon and Bell.
The project description will include a map showing project location and
boundaries. The description will also generally describe land uses within project
boundaries and the intent of the enterprise zone.
Task 2: Prepare Initial Study and NOP. CBA will prepare a single lnitial Study
and NOP using a format acceplableto both Vernon and Bell. We propose to use
the CEQA Environmental Checklist. The Initial Study will include the project
description. the checklist) and supplementary remarks related to the items on the
checklist. The NOP will be prepared On a standard suggested CEQA form
unless either city generally uses a different form.
We will provide the cities with a review draft copy of the document and will
change the document as appropriate in response to cily comments.
Task 3: Mailing and Filing. Together with the two cities, we will prepare a list of
agencies and organizations to receive a copy of the Initial Study/NOP. We will
send copies of the document by certified mail (or other mcthod providing proof
of delivery) to thosc agencies and organizations on the approved list. CBA will
file the. NOP with the County Clerk for posting pursuant to CBQA regulations
and will also send the NOP to the State Clearinghouse.
We will also provide the citics with two copies of the Initial Study/NOP for the
cities to include with the Enterprise Zone Preliminary Application.
Schedule
We will initiate work immediately upon receiving authoriz.ation to proceed. The
review draft Initial Study /NOP will be completed and submitted to the cities for
review by February 21, 1992. We will provide the final Initial Study/NOP (which
incorporates city comments) to the cities by February 2R, 1992. The document
will be mailed to agencies on the approved mailing list on or before February 28)
1992.
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ATTACHMENT 'IA"
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STANDARD FEE SCHEDULE
Cotton/Beland/Associates, Inc.
For services provided where reimbursement is to be on an hourly basis, the
following rates are used:
Senior Principal
Principal
Senior Associate, Principal Planner
or Bnvironmentalist
Planner or Environmentalist
Assistant Planner, Environmentalist,
Computer'l'echnician
Graphics Technician
Word Processing Technician
Non-Technical Support Person
$115.00 per hour
$105.00 per hour
$80.00 - $100.00
per hour
$60.00 - $80.00
per hour
$45.00 - $60.00
per hour
$30.00 - $45.00
per hour
$35.00 - $40.00
per hour
$30.00 per hour
Printing and copy work. per diem, long distance telephone and similar costs
are invoiced at 1.15 times our cost. Subcontract costs are invoiced at 1.20
times the actual subcontract cost. Mileage charges are $.30 per mile, subject
to energy surcharge.
Hourly rates for attendance at public hearings and meetings are as specified
above if the hearing is between the hours of 8:00 a.m. and 10:00 p.m. Rates
for the period 10:00 p.m. to midnight arc 1.5 times the above rates. Rates
fot time after midnight arc 2.0 times the above rales.
This schedule is effective through June 30, 1992.
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ATTACHMENT "B"
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SECTION 7: Indemnification.
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CONSULTANT shall indemnify, hold harmless, and defend
3 VERNON, the AGENCY, its Council, its Board of Directors, servants,
4 boards and commissions, officers, agents and employees from and
5 against any and all claims and losses, costs or expenses for any
6 damage due to death or injury to any person and injury to any
7 property proximately resulting from any act or omission of the
8 CONSULTANT or any of its officers, employees, servants, agents, or
9 subcontractors in the performance of this Agreement. Such cost and
10 expense shall include reasonable attorney fees.
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CONSULTANT shall indemnify and hold harmless the CITY, the
12 AGENCY, its Council, its Board of Directors, servants, boards and
13 commissions, officers, agents and employees from and against any
14 damages, liability, loss, cost or expense which arise out of
l5 CONSULTANT's negligent performance of the work under this Agreement
l6 provided that such liability, loss, cost or expense is caused by the
l7 act or omission of CONSULTANT, or any of its officers, employees,
l8 servants, agents or subcontractors in performance of this Agreement.
19 CONSULTANT's obligation for such indemnity and hold harmless shall
20 not include any obligation to defend CITY, AGENCY, its Council, its
2l Board of Directors, servants, boards and commissions, officers,
22 agents or employees against any action or claim brought by any
23 person, but the CONSULTANT's obligation to indemnify CITY and AGENCY
24 shall include reasonable attorney fees if CONSULTANT is found to
25 have been negligent in performance of work under this Agreement.
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ATTACHMENT "c"
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