Resolution No. 6659
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RESOLUTION NO. 6659
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A CONSULTING AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND COTTON/BELANDI
ASSOCIATES, INC. FOR THE PREPARATION OF AN
APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK
GRANT
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WHEREAS, the City of Vernon is eligible for up to
$500,000 in Economic Development Funds and $35,000 in Planning and
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Technical Assistance Funds for a Community Development Block Grant
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("CDBG") from the State of California Department of Housing and
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Community Development; and
WHEREAS, CottonlBelandlAssociates, Inc. ("CBA") has
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represented that it is experienced and qualified to provide
consultation and professional services in preparing applications
for CDBG Economic Development Funds and for Planning and Technical
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Assistance Funds; and
WHEREAS, the Acting Director of Community Services has
recommended that CBA be employed to provide such services; and
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WHEREAS, the City of Vernon desires to enter into a
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Consulting Agreement with CBA to provide assistance for the
preparation of such applications and to implement the CDBG program
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if funds are granted.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon
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hereby finds and determines that the recitals contained
hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
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hereby approves the Consulting Agreement, a copy of which has been
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presented to the city council concurrently with this resolution,
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and the city Council hereby orders said Agreement to be received
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and filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon
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hereby authorizes the Mayor and the city Clerk to execute said
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Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
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there~fter the same shall be in full force and effect.
APPROVED AND ADOPTED this 11th day of July, 1995.
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..- LEONIS C. MA URG, M yor
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ATTE.4 ST. ~.//
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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. 6659, was duly adopted by the City Council of the
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City of Vernon at an adjourned regular meeting of the City Council
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duly held on Tuesday, Julv 11. 1995, and thereafter was duly
signed by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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COpy
CONSULTING AGREEMENT
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THIS AGREEMENT is entered into this
4 July, 1995
day of
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THE CITY .. OF VERNON, hereinafter
referred to as the "CITY,"
4305 Santa Fe Avenue
Vernon, California, 90058
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AND
COTTON/BELAND/ASSOCIATES, INC.
(hereinafter referred to as
"CBA")
747 E. Green street, suite 400
Pasadena, CA 91101-2119
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20 WHEREAS, CBA is willing to render such professional
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23 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
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25 SECTION 1: DEFINITIONS.
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The following definitions shall apply to the following
terms, except where the terms of this Agreement otherwise require:
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The Implementat~on Plan
attached Scope of Work labeled Exhibi t,"l".ywhichis
attached hereto and made a part hereof by.reference.
"services":. Such consultation and> professional services
as are. necessary,. to be performed by CBA in order to
complete the plans and studies described in.Exhibit "I".
SECTION 2:
OBLIGATIONS OF CBA.
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CBA will provide services in the preparation of the
necessary applications as required by California Law.
CBA will prepare the programs and applications according
to the. attached Exhibi t I'. and consistent with the State
guidelines for such plans.
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.
Invoices for services shall be submitted by CBA in
accordance with the payment schedule contained in Section
3. Invoices shall specify the fee, the percentage
completion of the work, the allowable total billing, the
total invoiced to date, and the amount currently being
invoiced.
SECTION 3: OBLIGATIONS OF CITY.
CITY will pay CBA on a reimbursable basis in accordance
with CBA's Standard Fee Schedule in effect at the time the
services are provided (a copy of the current Standard Fee Schedule
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is attached hereto as Exhibit "2" for information).
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CITY shallmake.progress paymentsto.:CBAin accordance<
with the invoice submitted by CBA on a.monthly basis.
CITY agrees that if any aspect of thELinvoice, including
amount,. percent.compl~te or supporting documentation is
disputed, CITY will notify CBA in writing.within ten (10)
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days of receipt of invoice. If the invoice is not
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contested, it shall be paid within thirty (30) days of
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the date thereof.
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CITY will pay CBA for Tasks 1 and 2as shown in Exhibit
"I" from CITY funds. All other tasks will be paid from
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Planning and Technical Assistance Funds.
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SECTION 4: OWNERSHIP OF DOCUMENTS.
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All documents, data, studies, surveys, drawings, maps,
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models, photographs and reports prepared by CBA under this
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Agreement shall be considered the property of CITY upon payment
for services performed by CBA.
Said documents and materials shall
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be delivered to CITY by CBA at the completion of the project;
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however, CBA may take and retain such copies of said documents and
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materials as desired.
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SECTION 5: TERMINATION.
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This Agreement may be terminated by either party upon the
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giving of a written "Notice of Termination" to the other party at
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least fifteen (15) days prior.to the termination date specified
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therein.
In the event this Agreement is terminated, CBA shall be
paid in full value of c. services rendered, based llPon the percentage
of completion of CBA's work on the date of termination.
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SECTION 6: NOTICES.
Any and all notices, <iemands, invoices and written.
comrnunicationsbetween the parties by mail shall be
addressed to the parties as follows:
CBA:
Donal<i A. Cotton, AICP
Cotton/Beland/Associates, Inc.
747 E. Green Street, suite 400
Pasadena, CA 91101-2119
CITY:
Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe. Avenue
Vernon, CA 90058
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.
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SECTION 7: ENTIRE AGREEMENT.
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This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties with respect to the
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subject matter herein.
Each party to this Agreement acknowledges
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that no representations by any party which are not embodied herein
and that no other agreement, statement or promise not contained in
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this Agreement shall be valid and binding.
Any modification of
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this Agreement will be effective only if it is in writing signed
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by the parties.
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SECTIONS: SAVINGS CLAUSE.
If >any> provision of thisAgreem~nt is found to be
invalid, voidorunreinforceable,the remaining provisions shall
nevertheless continue in full force and effect without being
impaired or/invalidated in any way.
SECTION 9: GOVERNING LAW.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
SECTION 10: ATTORNEY'S FEES.
In the event that legal action is necessary to enforce
the provisions. of the Agreement, the. parties agree that the
prevailing party in said legal action shall be entitled to recover
attorney's fees and costs from the opposing party in an amount
determined by the Court to be reasonable.
SECTION 11: INSURANCE.
Type of Insurance: CBA agrees to maintain in full force
and effect during the term of this agreement the
following insurance:
a. Public liability insurance policy with limits in
the amount of $1,000,000.00 which indemnifies the
CITY from all liability from loss, damage, or
injury to persons or property arising from
negligence by CBA in the performance of these
services.
b. Worker's compensation insurance as required by
the Labor Code of the State of California.
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certificate: CBA agrees to.provide
certifica.te of, insurance indicating required 'c::9yer;,B.ges',
and.naming CITY.as,an, additional insured.
SECTION 12 HOLD HARMLESS.
CBAshall indemnify, hold harmless, and defeI)d CITY, its
Council, servants, boards and commissions and their officers,
agents and employees from and against any and al~ claims and
losses, costs or expenses for any damage due to death or injury to
any person and injury to any property resulting from any act or
omission of CBA or any of its officers, employees, servants,
agents or subcontractors in the performance of this Agreement.
Such cost and expense shall include reasonable attorney fees. CBA
shall further indemnify and hold harmless CITY, its council,
servants, boards and commissions and their officers, agents and
employees from and against any damages, liability, loss, cost or
expense which arise out of CBA's willful misconduct or negligent
performance of the work under this Agreement provided that such
liability, loss cost or expense is caused by the act or omission
of CBA, or any of its officers, employees, servants, agents or
subcontractors in performance of this Agreement.
CBA's obligation for such indemnity and hold harmless
shall not include any obligation to defend CITY, its Council,
servants, boards and commissions and their officers, agents or
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employees against any action or claim brought by any person, but
CBA's obligation to indemnify shall include reasonable attorney
fees if CBA is found to have engaged in willful misconduct or to
have been negligent in performance of work under this Agreement.
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SECTION 13: COUNTERPART EXE.CUTION.
This?AgreeIl\eIlt maYi,be<executedincp9\lIltEarpa.rts,ieach,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.
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IN WITNESS WHEREOF, the CITY and the CBA have executed
this Agreement as of the date first hereinabove set forth.
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THE CITY OF VERNON
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BY:~'
..." EONIS c.. MAL RG,.. Ma ,or.
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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D~ ~f..~~~
DA~ID B. B~EY, city Att rney
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COTABE, LAND/~S: INC.
BY: (. ~
DONALD A. COTTON, President
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EXHIBIT "1"
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'.<,SCOPEOF~ERYICES
CITY' OF VERNON'
HCD 'CDBG ECONOMIC ." DEVELOPMENT PROGRAM
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PARTICIPATION IN .'HCD CDBGPROGRAM
In order for CITY to" participatei~/the(HCD CDBG, pr9gram,CITY " '
must comply with several state and Federal statutes. As part of
the Planning and Technical Assistance Application, CITY will sign
a "statement of Assurances" form to certify CITY's compliance, with
such statutes. CBA will review these statutes with CITY, and
prepare a Resolution for adoption by the city counciL to address
any items requiring separate action.
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state statutes also require preparation of a written Citizen
participation Plan which sets forth'CITY's process for encouraging
participation of residents where CDBG funds are to be spent. CITY
must conduct a public hearing on <the citizen ,. participation Plan
prior to adoption. CBA will prepare the citizen participation
Plan for CITY in compliance with statestatutes,and,conduct, the
public hearing on the Plan. This hearing can be combined with the
required hearing on the submittal of the Planning and Technical
Assistance grant application which follows:
Approximate Cost: $1,500
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PREPARE PLANNING AND TECHNICAL ASSISTANCE GRANT
APPLICATION
TASK 2:
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CITY is eligible for up to $35,000 (annually) in Planning and
Technical Assistance ("PITA") grant to study the feasibility of
proposed Economic Development projects. HCD strongly 'recommends
such feasibility studies be conducted in support of the Economic
Development application to follow.
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CBA will prepare a PITA application on behalf of the CITY to be
used to fund the feasibility study (Task 3) and Grant Application
(Task 4). Preparation of the PITA application will involve
several strategy sessions with staff to define the proposed
Economic Development activity, estimated low income households to
benefit, project schedule, budget, etc. The actual PITA
application will consist of the following components:
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a. Application summary form
b. Activity description form
c. Activity budget and schedule forms
d. statement of assurances form
e. Resolution authorizing application for funding
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EXHIBIT "1"
(Page 1 of 3)
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The required public hearing on the gI:ant application can be
combined with the citizen Participation Plan hearing described
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Approximate Cost: $3,500
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TASK .',3 :
PREPARE>FEASIBILITY STUDY
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Based' 'on in]. tiill'd.Iscussions, CITY. is interested.. in pursuing a
business retention or business attraction program. CBAwill work
in conjunction with a market economist to prepare a feasibility
study in support of program development. The form of this study
will need to be further defined based on the specific Economic
Development activity proposed as part of the PITA application
above. Some examples follow:
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a. Under the purview of business retention, the CDBG
planning grant can be used to structure a plan to seek to
reduce the incidence of plant closures, identify
opportunities for laid-off targeted income group persons,
and to identify uses for vacant buildings.
b. A business attraction study can evaluate the type and
cost of public infrastructure needed to develop
identified "reuse" sites to accommodate targeted
businesses employing low- and moderate-income persons.
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Approximate Cost $15,000 - $25,000
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TASK 4:
PREPARE ECONOMIC DEVELOPMENT GRANT APPLICATION
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In conjunction with preparation of the Feasibility study, CBA will
prepare the Economic Development Grant Application.on behalf of
the CITY for up to $500,000 in CDBG funds. This will include both
submittal of a general preapplication, meeting with HCD to
review/refine, and follow-up with the formal application.
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The Economic Development Grant Application consists of a series of
activity forms, budgets and schedules, as well as project specific
financial information on the businesses to be assisted, and/or
public infrastructure to be provided. CBA is familiar with the
requirements of application submittal. Similar to the P/TA grant
application, CITY will be required to hold a public hearing on the
grant application, and adopt a resolution authorizing submittal of
the grant. CBA will conduct the hearing, and draft the
appropriate resolution on behalf of CITY.
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Approximate Cost:
$8,500 - $10,000
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EXHIBIT "1"
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TASK 5: ECONOMIC DEVELOPMENT PROGRAM DtSIGNANDSET-UP
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Program administration.' isoIleofthe key criteria.'consldered.' by
HCD '. in . awarding ..... funds. ShouldCI'!'Y desire,CBA <call assist CITY in
setting up its proposed program working in conjunction with local
1ending>institutions as appropriate to administerloans<to
targeted businesses.
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Approximate Cost:
To be determined
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EXHIBIT "1"
(]?age 3 of 3
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EXHIBIT "2"
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STANDARD FEE SCHEDULE
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COTTON/BELAND/ASSOCIATES, INC.
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For services provided where reimbursement is to be on an hourly
basis, the following rates are used:
Non-Technical support Person
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 8:60 a.m.
and 10:00 p.m. Rates for the period 10:00 p.m. to midnight are
1.5 times the above rates. Rates for time after midnight are 2.0
times the above rates.
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Senior Principal
Principal
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senior Associate, Principal
Planner, Environmentalist
Planner, Environmentalist
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Assistant Planner,
Environmentalist,
Computer Technician
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Support Planner,
Environmentalist
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Graphics Technician
Word Processing Technician
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$100.00 per hour
$ 90.00 per hour
$ 75.00 - $90.00 per. hour
$ 55.00 - $75.00 per hour
$ 40.00 - $55.00 per hour
$ 30.00 - $40.00 per hour
$ 25.00 - $40.00 per hour
$ 35.00 per hour
$ 25.00 per hour
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This schedule is effective through December 31, 1995.
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EXHIBIT "2"
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