Resolution No. 7104I
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RESOLUTION NO. 7104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR CONSULTING
SERVICES FOR STRUCTURAL PLAN REVIEW BY AND
BETWEEN THE CITY OF VERNON AND MELVYN GREEN
AND ASSOCIATES, INC.
WHEREAS, the City of Vernon desires to retain the
services of an engineer to provide consulting services for
structural plan review to the City of Vernon; and
WHEREAS, Melvyn Green of Melvyn Green and Associates,
Inc. is a licensed structural engineer who has specialized
knowledge and experience with building codes and is qualified to
provide plan review and structural engineering services; and
WHEREAS, the Director of Community Services has
recommended that the City of Vernon renew the agreement with
Melvyn Green and Associates, Inc. to provide for said building
related services for a period.of one year and on a month -to -month
basis thereafter until such agreement is terminated.
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 and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the Agreement for Consulting Services, 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.
1 SECTION 3: The City Council of the City of Vernon
2 hereby authorizes the Mayor and the City Clerk to execute said
3 Agreement for, and on behalf of, the City of Vernon.
4 SECTION 4: The City Clerk of the City of Vernon shall
5 certify to the passage of this resolution, and thereupon and
6 thereafter the same shall be in full force and effect.
7 APPROVED AND ADOPTED this 24th day of March, 1998.
8
o
9 LEONIS C. LBURG, Mayor
10 ATTEST:
11 �
BRUCE V. MALKENHORST, City 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. 7104, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the City Council
duly held on Tuesday, March 24, 1998, and thereafter was duly
signed by the Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
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AGREEMENT FOR CONSULTING SERV r,
V
THIS AGREEMENT is entered into this Al ay of
1997 is made, entered into and execu ed in du i e�
originals, either copy of which may be considered and us d as the
original hereof for 11 purposes, as of this day of ,
1997,
BY AND BETWE THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, California, 90058
AND LVYN GREEN AND ASSOCIATES,
INC. (hereinafter
referred to as "Consultant")
21307 Hawthorne Blvd., Ste. 250
Torrance CA 90503
RECITALS
WHEREAS, he Consultant has prepared and presented to the
City a proposal for plan review consulting services; and
WHEREAS, the City has previously contracted with Melvyn
(Green and Associates to provide consulting services for the City;
/6llG� - - -
��Y�June 24, 1997
• Melvyn Green and Associates, Inc. Consulting Services A
grant.
For signatures, please find enclosed duplicate original
contract for the above -referenced consulting services for plan review.
After Melvyn.Green and Associates, Inc, have signed and returned both`
originals, please send the documents to the City Clerk's office.
If you have any questions respecting this matter, please call me.
�MR KEVIN WILSON
CIRECTOR'OF COMMUNITY SVS & WATER
TO 4305 SANTA FE AVENUE
VERNON CA 90058-0805
L
ccz Gloria-Orosco (w/o encls.)
J. David Fitzsimons
DAVID B. BREARLEY
CITY ATTORNEY
2440 S. HACIENDA BLVD., #2;23
HACIENDA HEIGHTS, CA 91745
(818) 336-3408
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AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into this C day of
--= 1996 is made, entered into and executed in duplicate
originals, either copy of which may be considered and used as the
original hereof for all purposes, as of this day of�
1998"
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, California, 90058
AND MELVYN GREEN AND ASSOCIATES,
INC. (hereinafter
referred to as "Consultant")
21307 Hawthorne Blvd., Ste. 250
Torrance CA 90503
RECITALS
WHEREAS, the Consultant has prepared and presented to the
City a proposal for plan review consulting services; and
WHEREAS, the City has previously contracted with Melvyn
Green and Associates to provide consulting services for the City;
and
WHEREAS, the Consultant in such capacity has demonstrated
specialized knowledge and experience with building codes, plan
review and structural engineering.
SECTION 1: CONSULTANT'S SERVICES.
The Consultant shall, upon request by the City, perform
the following services:
(a) Structural plan review services.
(b) Other special structural consultation as
requested in writing by City staff.
1 SECTION 2: TIME SCHEDULE.
2 The Consultant agrees to perform all services, after
3 request by the City, in a timely and efficient manner.
4 SECTION 3: COMPENSATION.
5 The City agrees to pay the Consultant for its services
6 hereunder and the Consultant agrees to work for 50% of the City
7 charged plan check fee where the fee exceeds $200.00 and 80% of
8 the plan check fee where the fee is $200.00 or less. Fee includes
9 shipping plans from Consultant to City. For special consulting the
10 fee shall be $125 per hour including travel time where applicable.
11 SECTION 4: Billings.
12 The Consultant shall bill monthly for services rendered
13 during the period.
14 SECTION 5: INDEPENDENT CONTRACTOR.
15 The Consultant shall be an independent contractor, and
16 shall have no power to incur or to cause to be incurred any debt or
17 obligation for or on behalf of the City. Neither the City nor any of
18 its officers, agents or employees shall have any control over the
19 conduct of the Consultant, or any of the Consultant's employees,
20 except as herein set forth, and the Consultant expressly warrants
21 not to, at any time or in any manner, represent that it, or any of
22 its agents, servants or employees, are in any manner agents,
23 servants or employees of the City. The Consultant's obligations to
24 the City are solely prescribed by this Agreement.
25 SECTION 6: CONSULTANT REPRESENTATIVES.
26 Melvyn Green shall both be Responsible Principal for the
27 Consultant and shall be principally responsible for the Consultant's
28 obligations under this agreement. Designation of another Responsible
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I Principal or Project Manager by the Consultant shall not be made
2 without the prior written consent of the City.
3 SECTION 7: CITY LIAISON.
4 The Consultant shall perform under the general supervision
5 of the City Engineer or its designee, and all communications,
6 instructions and directions on the part of the City shall be
7 communicated exclusively through the City Engineer or its designee.
8 SECTION 8: PERSONNEL.
9 The Consultant represents that it has, or shall secure at
10 its own expense,. all personnel required to perform the Consultant's
11- services under this Agreement, but at all times shall be responsible
12 for the services of such personnel. The Consultant may not employ
13 any sub -consultants without the prior written approval -of the City.
14 SECTION 9: DATA AND SERVICES BY CITY.
15 All information, data, records, reports and maps in the
16 possession of the City necessary for the carrying out of, the work to
17 be performed under this Agreement shall be available to the
18 Consultant without charge. The City has responsibility for the
19 maintenance of all files and the Consultant shall have access to the
20 said files during normal City business hours.
21 SECTION 10: OWNERSHIP OF DOCUMENTS.
22 The City and the Consultant agree that all documents
23 prepared as a result of this Agreement shall be the sole property of
24 the City. All reports, information, data and exhibits prepared or
25 assembled by the Consultant in connection with the performance of
26 its services pursuant to this Agreement are confidential until
27 released by the City to the public and the Consultant agrees that
28 such documents shall not be available to any individual or
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1 organization without the written consent of the City prior to such
2 release. All such reports, information, data and exhibits shall be
3 delivered to the City upon demand. No reports, maps, or other
4 documents produced in whole or in part under this Agreement shall be
5 the subject of an application for copyright by or on behalf of the
6 Consultant.
7 SECTION 11: INTERESTS OF CONSULTANT.
8 The Consultant affirms that it presently has no interest
9 and shall not have any interest, direct or indirect in any real
10 property in the City or any other interest, which would conflict in
11 any manner with performance of the services contemplated by this
12 Agreement. No person having such interest shall be employed by or be
13 associated with the Consultant.
14 SECTION 12: INDEMNITY AND INSURANCE.
15 The Consultant shall hold harmless and indemnify the City
16 against any all obligations or liabilities whatsoever arising out of
17 the Consultant's performance of this Agreement. The Consultant shall
18 submit to the City certificates indicating compliance with the
19 following minimum requirements no less than one (1) day prior to the
20 beginning of performance under this Agreement.
21 1. Comprehensive General and Automobile Insurance.
22 The Consultant agrees to provide insurance in the amounts
23 and forms specified in -Appendix A, which is attached hereto and made
24 a part hereof by reference.
25 The Consultant shall not commence performance of its
26 services under this Agreement until the above insurance has been
27 obtained and proof of insurance has been filed with and approved by
28 the City.
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I SECTION 13: EXCLUSIONS TO AGREEMENT.
2 1. Reproduction of Documents.
3 The City shall reimburse the Consultant for reproduction
4 costs of all copies of documents over and above the original
5 documents required to provide the services hereunder.
6 SECTION 14: GENERAL TERMS AND CONDITIONS.
7 1. Termination.
8 Either party may terminate this Agreement at any time
9 without cause by giving at least ten (10) days notice in writing to
10 the other. If the Agreement is terminated by the City as provided
11 herein, the Consultant will be paid for the services provided and
12 expenses incurred up to the date of termination. In such event, all
13 finished or unfinished documents, data, studies, surveys, drawings,
14 maps, models, photographs and reports prepared by the Consultant
15 under this Agreement shall, at the option of the City, become its
16 property and the Consultant shall be entitled to receive
17 compensation in accordance with the terms of this Agreement for any
18 work satisfactorily completed hereunder. Notwithstanding the
19 foregoing, the Consultant shall not be relieved of liability to the
20 City for damage sustained by the City by virtue of any breach of
21 this Agreement by the Consultant.
22 2. Changes.
23 The City may, from time to time, request in writing changes
24 in the scope of the services of the Consultant to be performed
25 hereunder. Any modifications to this Agreement including any
26 increase or decrease in the amount of the Consultant compensation,
27 which are mutually agreed upon by and between the City and the
28 Consultant, shall be written amendments to this Agreement.
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3. Assignability.
The Consultant shall not assign any interest in this
Agreement, and shall not transfer any interest in the same, without
the prior written consent of the City thereof. Notwithstanding the
foregoing, claims for money by the Consultant against the City under
this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Written notice of,any
such assignment or transfer shall be furnished promptly to the City.
4. Compliance with Applicable Laws.
The Consultant shall comply with all applicable laws,
ordinances, and codes of the Federal, State and local government.
5. Eaual Employment opportunity.
During the performance of this Agreement, the Consultant
agrees as follows:
a) The Consultant will not discriminate against
any employee or applicant because of race, creed, sex, color or
national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and that employees are treated
during employment, without regards to their race, creed, sex, color
or national origin. Such action shall include, but not be limited
.to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates
of pay or other form of form of compensation; and selection for
training, including apprenticeship.. The Consultant agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the City of the provisions of
this nondiscrimination clause.
Q.
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b) The Consultant will, in all solicitations or
advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color,
sex or national origin.
c) The Consultant will cause the foregoing
provisions to be inserted in all subcontracts for any work covered
by this contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not
apply to contracts for standard commercial supplies or raw
materials.
d) The Consultant shall comply with all applicable
equal employment opportunity laws, regulations and orders. The
Consultant shall permit access to its books, records, and accounts
by the City and any other applicable public agency for purposes of
investigation to ascertain compliance with such laws, regulations,
and orders.
SECTION 15: PERIOD OF CONTRACT.
The period of this Agreement shall be for one year (1) , and
shall continue on a month -to -month basis thereafter, unless
terminated as provided by this Agreement.
SECTION 16: ENFORCEMENT OF AGREEMENT.
Should either party hereto bring suit to enforce the terms
thereof, any judgment awarded shall include court costs and
reasonable attorney's fees to the successful party.
SECTION 17: ENTIRE AGREEMENT.
This Agreement constitutes the whole agreement between the
parties hereto with respect to the subject matter hereof, and
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neither party nor any of its agents or employees has made any
representation, except as specifically provided. Neither party, in
executing or performing this Agreement is relying upon any statement
of information to whomsoever made or given, directly or indirectly,
verbally or in writing, by any individual or corporation, except as
specifically provided herein.
IN WITNESS WHEREOF, the City and the Consultant have
executed this Agreement as of the date first hereinabove set forth.
THE CITY OF VERNON
BY: ,C
LEONIS C. MAL81URG, Ma or
ATTES,P.e
Br UCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
r
DAVID B. BREARLEY, City Attorney
MELVYN GREEN AND SOCIATES, INC.
BY T J
Melvyn ee , Principal
EXHIBIT A
INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the following amounts and
coverage (combined single limit permitted):
I• Coverage and Limits
Bodily Injury Property Damage'
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1 000,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1 000 000 per employer
II. General and
Professional Liability
Contract Liability $2 000 000 $2 000 000 $2 000 000
Professional Liability.$ 250.000 $ 250,000 $ 250,000
_a. The general liability policy shall contain the following special
endorsements which shall be noted on or attached to the standard
certificate of insurance:
1,. An endorsement naming the City of Vernon, its officers, and
employees as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations under
this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of
general and professional liability coverage shall be furnished in the
form checked below. Certification of .the following proofs by the
insurance agent or broker will not be accepted:
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
and correct and that the'-signator is an officer authorized to
so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
EXHIBIT A
A-1
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: (213) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 6, 1998
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-19M
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
Melvyn Green and Associates, Inc.
21307 Hawthorne Blvd., Suite 250
Torrance, CA 90503
RE: Agreement for Consulting Services
Ladies & Gentlemen:
Transmitted herewith is an executed original of the Agreement for
Consulting Services which was approved by the City of Vernon City
Council on March 24, 1998.
If you have any questions, please do not hesitate to contact Mr. Kevin
Wilson, Director of Community Services & Water.
Very ruly yours,
Chief Deputy City Clerk
GJO/mm
enclosure
cc: Kevin Wilson
(w/encl.)