Resolution No. 6315
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RESOLUTION NO. 631 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR CONTRACTUAL SERVICES BY AND
BETWEEN MONTROSE ENVIRONMENTAL CORPORATION (DBA
SCEC) AND THE CITY OF VERNON PROVIDING FOR
SERVICES RELATING TO ENVIRONMENTAL ISSUES
AFFECTING THE CITY'S POWER PLANT AND OTHER CITY
RELATED OPERATIONS
WHEREAS, the City Council of the City of Vernon by
Resolution No. 5956 on July 16, 1991, authorized the execution of
an agreement for consultant services with south Coast
Environmental Company for the period July 1, 1991, to June 30,
1993; and
WHEREAS, South Coast Environmental Company has undergone
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a change of corporate name to Montrose Environmental corporation,
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dba SCEC, and the City Council wishes to extend said agreement
with the successor in interest; and
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WHEREAS, the City has a need for the services of SCEC in
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a consulting capacity to perform certain services in the City'S
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Light and Power Department regarding environmental issues which
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may affect the power plant or other operations directed by the
City'S Light and Power Department; and
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WHEREAS, the Director of Light and Power of the City of
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Vernon has recommended that the contract with Montrose
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Environmental corporation (SCEC) be renewed, effective July 1,
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1993; and
WHEREAS, SCEC has agreed to provide said consulting
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services in accordance with the scope of work contained in the
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Agreement for Contractual Services.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the city of Vernon
does hereby find and determine that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Contractual Services for the period
July 1, 1993, to June 30, 1995, a copy of which has been presented
to the City Council concurrently with this resolution, and the
City Council hereby orders said Agreement to be received and filed
by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of September, 1993.
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6315, was duly adopted by the city Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, September 7. 1993, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V.
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( SEAL)
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City Clerk
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AGREEMENT FOR CONTRACTUAL SERVICES
2 THIS AGREEMENT FOR CONTRACTUAL SERVICES is made and
3 entered into this llotY day of September, 1993
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BY AND BETWEEN
THE CITY OF VERNON, a Municipal
corporation hereinafter referred
to as "CITY",
AND
Montrose Environmental Corporation
(dba SCEC) hereinafter referred to
as "CONTRACTOR".
WIT N E SSE T H:
WHEREAS, CITY is in need of certain technical services
in connection with the operation of its Light and Power
Department; and
WHEREAS, CONTRACTOR has experience, knowledge and
skills in performing such services.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. SERVICES TO BE PROVIDED
CONTRACTOR agrees to perform consulting services for
CITY as required, directed and specified by CITY's city
Administrator pursuant to the Scope of Work attached hereto as
Exhibit A.
CONTRACTOR agrees to perform the services required
herein in a diligent and professional manner~
2. TERM
This Agreement shall be for a term of two (2) years
from the date of July 1, 1993 until June 30, 1995.
3. BILLING RATES
Charges for work performed on the project are
calculated and billed according to the hourly rates for
engineering work shown on the Billinq Rates attached hereto as
Exhibit B. The hourly rates are fully inclusive of fringe
benefits, burden and fee.
Time spent in either inter-city or local travel will
be billed in accordance with the Billinq Rates attached hereto
as Exhibit B. Overtime hours work, if authorized by City, will
be charged as quoted above.
On July 1, 1994 CONTRACTOR may increase the hourly
rates at a rate not to exceed the percentage increase, if any,
between the May 1993 Consumers Price Index (C.P.I.) published by
the united States Department of Labor Bureau of Labor statistics
for Urban Wage Earners and Clerical Workers in the Los Angeles-
Anaheim-Riverside area for All Items and the May 1994 C.P.I.
4. INVOICES AND OTHER DIRECT COSTS
(a) INVOICING AND PAYMENT
Invoices will be issued monthly itemizing billing
classification level categories worked and Other Direct Costs
incurred in the performance of the project. Payments shall be
sent to the return address appearing on the invoice. All
payments are due within fifteen (15) days of the date of receipt
of the invoice. Invoices not paid within fifteen (15) days
shall be subject to interest from the 16th day at the rate of
1. 0% per month.
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(b) OTHER DIRECT COSTS - Engineering and Permitting
Charges for other direct costs are computed according to the
following schedule:
(i) Shipping and mailing charges for samples and
documents by Federal Express mail; and
(ii) Fax costs at the rate of $1.00/page.
5. CALCULATION OF ESTIMATED COST
6. LIMITED WARRANTY
In performing the services, CONTRACTOR shall exercise
the degree of care and skill ordinarily exercised by members of
the engineering and scientific profession engaged in providing
services that are similar in scope and nature to the scope of
work, site conditions, the time of performance, the location and
other related circumstances affecting the manner of performance
of the services. CONTRACTOR's liability for services performed
or provided shall be limited to $500,000. No other warranty,
whether expressed or implied, is made or intended for services
performed or provided. CITY assumes all responsibility for
CITY's decisions relating to its use of the services provided
and reliance thereon. The remedies set forth in this paragraph
are exclusive.
7. INDEMNIFICATION OF PARTIES
Both CONTRACTOR and CITY agree to and hereby do
defend, hold harmless, and indemnify each other and their
officers, directors, employees, agents, and representatives from
and against any and all claims, damages, demands, costs and
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expenses, including attorneys' fees, and other losses of any
kind or nature whatsoever relating in any manner to any and all
personal injuries, deaths, and/or property damage by whomsoever
suffered, including, but not limited to, the other party or its
officers, directors, employees, agents, or representatives,
arising out of, resulting from, or in any manner connected with
any negligent act or omission or any intentional misconduct by
said party, its agents or employees under the services provided
hereunder.
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unless approved by CITY. Any information which CITY intends to
be covered by this paragraph shall be clearly marked
"confidential". These restrictions shall not, however, apply to
information (a) which CONTRACTOR had in its possession prior to
disclosure by CITY pursuant to this agreement or any predecessor
agreement, (b) which becomes public knowledge through no fault
of CONTRACTOR or, (c) which CONTRACTOR lawfully acquires from a
party not under an obligation of confidentiality to CITY.
Information obtained from city in a manner that would be
identifiable with the scope of work shall remain confidential
and may not be disclosed without the prior written consent of
the CITY.
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11. TERMINATION
This Agreement may be terminated by either party with
30 days written notice. Upon the presentation of such notice,
CONTRACTOR may continue to work through the date of termination.
Upon termination, CONTRACTOR shall be paid the value of all
consulting work performed less payments previously made.
All documents, data, surveys and reports prepared by
CONTRACTOR pursuant to this Agreement shall be considered the
property of the CITY and upon payment for services performed by
CONTRACTOR, such documents and other identified materials shall
be delivered to CITY by CONTRACTOR.
12. RELATIONSHIP OF PARTIES
CONTRACTOR will act solely as an independent
contractor of CITY and not as CITY'S agent for any purpose.
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Nei ther CONTRACTOR nor CITY may enter into any agreement or
assume any obligation for the other, and nothing herein may be
construed to establish any partnership, joint venture or
principal-agent relationship between CONTRACTOR and CITY.
13. FORCE MAJEURE
CONTRACTOR will have no liability for any failure to
perform or delay in performance due to any circumstances beyond
its reasonable control, including,but not limited to, strikes,
riots, wars, fire, flood, explosion, acts of nature, acts of
government, labor disputes, delays in transportation or
inability to obtain material or equipment. In the event of any
delay in performance due to any such circumstances, the time for
performance will be extended by a period of time necessary to
overcome the affect of such delay, and CITY will not be entitled
to refuse performance or otherwise be relieved of any
obligation.
14. ASSIGNMENT
This agreement and the rights and obligations
hereunder may not be assigned or otherwise transferred by CITY
or CONTRACTOR without prior written consent of both parties.
15. ENTIRE AGREEMENT
CITY's engagement of CONTRACTOR to perform work
represents CITY's acceptance of the terms and conditions
contained herein, which constitute the entire understanding
between CONTRACTOR and CITY and supersede any previous
communications, representations or agreements by either party,
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whether oral or written. The previous Agreement dated July 16,
1991 between the parties is terminated by this Agreement. The
terms and conditions contained herein take precedence over
CITY's additional or different terms and conditions that may be
contained in any purchase order, work order, invoice, gate pass,
acknowledgment form, manifest or other document forwarded by
CITY to CONTRACTOR. Unless otherwise agreed to in writing by an
officer of CONTRACTOR, CITY's engagement of CONTRACTOR is
limited to these terms and conditions.
If any of the provisions hereof are invalid under any
applicable statute or rule of law, such provisions are, to that
extent, deemed omitted, but these terms and conditions will
remain otherwise in effect. There are no understandings,
agreements, representations or warranties, express or implied,
that are not specified herein respecting the subject matter
hereof.
16. APPLICABLE LAW
This agreement shall be governed by and construed in
accordance with the laws of the state of California.
17. NOTICES
Notices and communications concerning this Agreement
shall be sent to the following addresses:
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1 CITY:
2 CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR/CITY CLERK
3 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
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CONTRACTOR:
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SCEC
6 1582-1 NORTH BATAVIA
ORANGE, CA 92667
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CITY:
CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR/CITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CONTRACTOR:
SCEC
1582-1 NORTH BATAVIA
ORANGE, CA 92667
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the month, day and year first
written above.
CITY OF VERNON
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ATTEST:
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BRUCE V. MALKENHORST, city Clerk
APPROVED AS TO FORM:
Dd \>, ~~
DAVID B. BREARLEY, city Att rney
Montrose Environmental
corporation dba SCEC ("Contractor")
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1 EXHIBIT A
2 SCOPE OF WORK
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4 TASK A - REGULATORY POLICY GUIDANCE
5 This task shall be on-going and shall involve CONSULTANT
6 performing services regarding environmental issues which may
7 affect the power plant or other operations directed by the CITY
8 Light and Power Department. The CITY Light and Power Department
9 shall assign issue areas to CONSULTANT, after CONSULTANT has
10 provided cost estimates for services related to those issue
11 areas and after the CITY has approved said estimates. This task
12 shall include a monthly status report and/or a monthly status
13 meeting, as needed, for review of the services and outlining of
14 any necessary action items.
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26 EXHIBIT A
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EXHIBIT B
SCEC
BILLING RATES, TERMS AND CONDITIONS
EFFECTIVE JULY 1, 1993
BILLING RATES
Charges for work performed on the scope of work are calculated and
billed on the basis of the billing classification level hourly
rates shown below. The hourly rates are fully inclusive of fringe
benefits, burden and fee.
I. ENGINEERING
Title
Hour Rates
Corporate Officer
Associate/Unit Manager
Senior Project Manager/consultant
Scientist I/Engineer I
Scientist II/Engineer II
scientist III/Engineer III
Scientist IV/Engineer IV
Technician II/Word Processor
Technician III/Clerical
$126
110
100
95
78
70
58
35
30
Time spent in either inter-city or local travel will be billed in
accordance with the foregoing schedule. Overtime hours worked, if
authorized by the city will be charged as quoted above.
II. SOURCE TESTING
Title
Hourly Rates
On-site:
Engineer I
Engineer II
Engineer III
$ 95
80
70
Overtime:
Over 8 hours on-site
Engineer I
Engineer II
Engineer III
125
110
90
Travel Time (mileage included)
Per Diem: within California
outside California
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100
Based on proposal
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contingency Cost
stand-by:
Engineer I
Engineer II
Engineer III
$ 75
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Cancellation: Less than 48 hours
25% of testing bid (or
minimum $300)
Less than 24 hours
30% of testing bid (or
minimum $400)
On-site Cancellation
40% testing bid, plus
all expenses incurred,
plus stand-by time
past 1 hour
Laboratory Work-Up:
Scientist IV
outside Laboratory Costs
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cost + 20%
Report writing:
Engineer II
Word Processor (compilation)
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Report Review:
Engineer I
100
Mobile Emission Laboratory (NOx' CO, CO2' O2)
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The above rates shall be subject to revision annually in accordance
with section 3 of the agreement. Rate increases shall not exceed
10%. The client shall be notified in writing of rate revisions
prior to such rate revisions becoming effective.
EXHIBIT B