Resolution No. 7512i
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RESOLUTION NO. 7512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON ACCEPTING THE WORK OF BEST ROOFING
AND WATERPROOFING, INC. IN ACCORDANCE WITH
CONTRACT NO. 551 OF THE CITY OF VERNON
WHEREAS, Best Roofing and Waterproofing, Inc. was
awarded Contxact No. 551 for work on Fire Station No. 1
Reroofing pursuant to Resolution No. 7340 of the City of
Vernon; and
WHEREAS, Samuel Kevin Wilson, Director of
Community Services & Water has reported to the City Council
of the City of Vernon on March 27, 2000 that said work has
been completed and recommends that the work be accepted and
payment be made to the Contractor in accordance with the
agreement.
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 work of Best Roofing and
Waterproofing, Inc. pursuant to Contract No. 551 is hereby
approved and accepted by the City Council of the City of
Vernon.
SECTION 3: The total contract amount is Eighty-
two Thousand Five Hundred Ninety-three Dollars and Forty
Cents ($82,593.40). Partial payments totaling Seventy-four
Thousand Three Hundred Thirty-four Dollars and Six Cents
($74,334.06) have been paid and the remaining ten percent
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(10%) of the total contract amount, or the sum of Eight
Thousand Two Hundred Fifty-nine Dollars and Thirty-four
Cents ($8,259.34) is payable thirty-five days after the
adoption of this resolution.
SECTION 4: The City Council of the City of Vernon
hereby directs payment of said sums as set forth to Best
Roofing and Waterproofing, Inc. and instructs the City Clerk
to file a notice of completion with the County Recorder.
SECTION 5: 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 4th day of April, 2000.
r
EONIS C. MALB G, Mayor
ATTEST•
BRUCE V. MALKENHORST, City Clerk
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&9
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. 7512, was duly adopted by the City
Council of the City of Vernon at a regular meeting of the
City Council duly held on Tuesday, April 4, 2000 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
9
1 AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used as
5 the original hereof for all purposes, as of this day of
6 September, 2000, in the City of Vernon, County of Los Angeles,
7 California
8 BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
9 as the "City")
10 4305 Santa Fe Avenue
Vernon, California 90058
11
AND KJ SERVICES (hereinafter referred to
12 as the "Consultant")
13 9020 Hornby Avenue
Whittier, CA 90603
14
15 WITNESSETH
16 WHEREAS, a 2000/2003 Used Oil Block Grant, Sixth Cycle, under
17 the California Oil Recycling Enhancement Act was authorized by
18 Resolution No. 7513 on April 4, 2000; and
19 WHEREAS, the City desires to retain the services of a
20 consulting firm to provide expertise in implementing and administering
21 the Used Oil Block Grant program in the City in compliance with the
22 State mandated.AB 939 law; and-
23 WHEREAS, the Consultant has provided such services to the
24 City in the past and has specialized knowledge and experience in the
25 management and implementation of AB 939; and
26 WHEREAS, the Consultant submitted a proposal to the City
27 dated September 4, 2000 (the "Proposal") which includes a description
28 of proposed services and a cost proposal; and
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WHEREAS, the Consultant is willing to render such
orofessional services as hereinafter defined.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
I. SCOPE OF -SERVICES.
The Consultant shall perform all requested services in their
entirety as outlined in its Proposal which is attached hereto as
Exhibit "A" and incorporated herein by reference. It is understood and
agreed that in the event of a conflict between the Proposal and this
Agreement, the terms of this Agreement shall prevail.
II. TIME OF PERFORMANCE.
Consultant's services herewith shall commence upon signing of
the Agreement and shall be completed by June 30, 2001, unless
terminated or extended.
III. COMPENSATION.
1. Fee for Services. The City shall compensate the
Consultant for the services performed under this Agreement pursuant to
the terms of the Proposal, in a total sum not to exceed Six Thousand
Six Hundred Thirty -Three Dollars and No Cents ($6,633.00) for all tasks
set forth in the Proposal.
2. Other Expenses. Other expenses may be billed but
only if such other expenses have been given advance approval in writing
by the City Administrator. Such other expenses include, but are not
limited to, air fares, hotels, motels, video, aerial photographs, and
promotional material and subcontract charges.
IV. METHOD OF PAYMENT.
Within thirty (30) days after the last day of any month in
which services have been performed or costs incurred hereunder, the
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1 Consultant shall submit an invoice to the City stating the amount due
2 to the Consultant. Invoices shall contain an itemization of services
3 rendered, directly related job expenses and subcontract charges
4 incurred by the Consultant and for which compensation is due.
5 Consultant shall be responsible for paying any subcontractors used in
6 the performance of this Agreement. Subcontractors shall not bill the
7 City directly.
8 Payment of the invoice shall be made after acceptance and
9 approval by the City within thirty (30) days of receipt. The City's
10 approval of the invoice shall not be unreasonably withheld.
11 V. INDEMNITY AND INSURANCE.
12 1. Indemnification. The Consultant shall indemnify,
13 defend, protect and hold the City and its officers, agents and
14 employees, free and harmless from and against any and all claims,
15 demands, losses, damages, liabilities, fines, charges, penalties,
16 orders, or judgments which result in any injury or death, and all costs
17 and expenses incurred in connection therewith, including reasonable
18 attorney's fees and costs of defense arising out of or attributable to
19 the negligent or wrongful acts of Consultant or its subcontractors,
20 employees or agents in the performance of services under this
21 Agreement, except to the extent arising from or caused by the sole
22 active negligence or willful misconduct of the City, its officers,
23 11agents or employees.
24 2. Insurance. Prior to commencing work hereunder, the
25 Consultant shall provide the City with proof of insurance providing and
26 maintaining the coverages and endorsements set forth in the Insurance
27 Schedule attached hereto as Exhibit "B" and made a part hereof by
28 reference. Said proof of insurance shall also provide that said policy
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1 or policies shall not be canceled or materially reduced in coverage
2 without giving at least thirty (30) days prior written notice to the
3 City. Comparable coverage shall be provided for each subcontractor
4 used in the performance of this Agreement.
5 VI. CONFIDENTIAL INFORMATION.
6 1. Access to Confidential Information. The City may
7 provide Consultant with, or allow Consultant access to, certain
8 information not available to the public concerning the City, or
9 businesses located in the City. The information may include company
10 information, taxes, sales, value of assets, or other such information.
11 All such information shall be known as "Confidential Information."
12 2. No Disclosure. Except as expressly permitted,
13 Consultant shall not disclose, permit.the disclosure of, release,
14 disseminate, or transfer, whether orally or by any other means, any
15 part of such Confidential Information to,any other person or entity,
16 whether corporate, governmental, or individual, without the express
17 prior written consent of an authorized representative of the City.
18 Consultant shall return any written Confidential Information, and all
19 copies made of such items, to the City upon the City's written request,
20 but in any event not later than the date that the Consultant has
21 performed all services to be performed pursuant to this Agreement.
22 Consultant hereby agrees that such Confidential Information and any
23 documents provided may be used by Consultant only as authorized by the
24 City. Consultant shall take reasonable measures to avoid any
25 disclosure of any such Confidential Information to any unauthorized
26 person.
27 3. Court Ordered Disclosure. Consultant shall
28 immediately notify the City of any court order or subpoena requiring
I disclosure of Confidential Information, and shall cooperate with legal
2 counsel in the appeal or challenge of any such order or subpoena.
3 Recipient may only disclose Confidential Information required to be
4 disclosed pursuant to court order or subpoena after legal counsel has
5 exhausted any lawful and timely appeal or challenge.
6 4. Remedies. In addition to any other remedies that
7 it may have at law or in equity, the City shall be entitled to a
8 temporary and permanent injunction by a court of competent jurisdiction
9 against any breach or threatened breach of the Confidential Information
10 provisions of this Agreement. Consultant acknowledges that in case of
11 such breach or threatened breach of said provisions, the City would
12 have no adequate remedy at law.
13 VII. GENERAL PROVISIONS.
14 1. Indenendent Contractor. At all times during the
15 term of this Agreement, the Consultant shall be an independent
16 contractor and shall not be an employee of the City. The City shall
17 have the right to control the Consultant only insofar as the results of
18 the Consultant's services rendered pursuant to this Agreement; however,
19 the City shall not have the right to control the means by which the
20 Consultant accomplishes services rendered pursuant to the Agreement
21 except to the extent that such services involve the use of City
22 property or Confidential Information.
23 2. Consultant Not Agent. Except as the City may
24 specify in writing, the Consultant shall have no authority, express or
25 implied, to act on behalf of the City in any capacity whatsoever as an
26 agent. The Consultant shall have no authority, expressed or implied,
27 pursuant to this Agreement to bind the City to any obligation
28 Ilwhatsoever.
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1 3. validity. The validity, interpretation and
2 performance of this Agreement shall be controlled and construed under
3 the laws of the State of California.
4 4. Products of Consulting. All products of consulting
5 services with the exception of computer software developed by the
6 Consultant, shall become the property of the City and shall be
7 delivered to the City before the end of the performance of this
8
Agreement.
However, computer software shall
remain
the property of the
9
Consultant,
except for the City's continued
right to
use said software
10 Hat no extra cost.
11 5. Assignment Prohibited. No party to this Agreement
12 may assign any right or obligation pursuant to this Agreement except
13 with the express written consent of the other party. Any other
14 attempted or purported assignment of any right or obligation pursuant
15 to this Agreement shall be void and of no effect.
16 6. Termination. This Agreement may be terminated by
17 the City on thirty (30) days written notice to the Consultant. The
16 effective date of cancellation shall be on the 30th day after said
19 written notice. The Consultant shall be entitled to the compensation
20 earned by it prior to the date of the termination notice, computed pro
21 rata up to and including that date, plus compensation for work
22 performed during the thirty -day notice period and authorized in the
23 termination notice.
24 7. Notices. Any and all notices, demands, invoices,
25 and written communications between the parties shall be addressed to
26 the parties as follows:
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City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CONSULTANT: KJ SERVICES
ATTN: KEVIN SALES
9020 HORNBY AVENUE
WHITTIER CA 90603
Any such notices, demands, invoices and written
communications shall be (i) hand delivered, (ii) sent by telecopy and
mail, or (iii) sent by mail. Mail shall be conclusively deemed to have
been received by the addressee five (5) days after the deposit thereof
in the United States Mail, postage
8. Entire Agreement. This Agreement supersedes any
and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to this
Agreement acknowledges that no representations have been made 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.
9. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
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IN WITNESS WHEREOF, the City and the Consultant have executed
this Agreement by and through their authorized officers as of the date
first hereinabove set forth.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
a
- '��2 EDUARDO OLIVO, City Attorney
CITY OF VERNON
By : E�N� C. MALBUR Mayo
By
Title: Sole Proprietor
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EXHIBIT A
RECEIVED
•' o
Services
ENVIRONMENTAL
SEP 0 5 2U010
HEALTH
DEPARTMENT
CONSULTING
RECYCLING PROGRAM DESIGN • PUBLIC EDUCATION & OUTREACH • GRANT WRITING & ADMINISTRATION • AB939 IMPLEMENTATION & COMPLIANCE
September 4, 2000
Mr. Lewis J. Pozzebon
Director/Health Officer
Health and Environmental Control
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Lew,
Thank you for allowing KJServices (KJS) to continue to manage and implement the City
of Vernon's Used Oil Block Grant for the 2000-2001 grant year. The following proposal
outlines tasks that I believe would be beneficial to pursue this year.
I think we made good progress during the previous three-year grant cycle. In particular, I
believe that last year's Calendar Contest was very effective in increasing awareness of the
program and its used oil recycling message among the students and staff at Vernon City
School, among local sponsoring businesses, and among the City Council and City staff.
The tasks below build on the progress we have made over the last two years.
We need to continue to focus on the "Exclusively Industrial" nature of Vernon by
continuing to reach out to local businesses and their employees. In addition we will want
to continue to support Commercial Tire as the City's sole Certified Collection Center.
Based on our very successful I" year program with Vernon City School, I also
recommend that we continue the school calendar contest.
Used Oil Block Grant
The City of Vernon will receive $5,300 of Used Oil Block Grant funding for the 2000-
2001 grant year. In addition, the City has $1,333.34 in funds remaining from the last
three-year grant cycle.
Based on an available budget of $6,633, KJServices proposes the following tasks to be
performed under the Used Oil Block grant:
9020 Hornby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 a -mail K)Serv®aol.com
Task #1 — Business and Community Outreach
Under this task we will continue and expand the program from two years ago of taking
used oil information out to businesses and distributing information and containers to their
employees. This year I propose to go out to at least two (2) used oil business events to
distribute the information to the employees. Both Farmer John and Ernest Paper have
expressed interest. In addition, Ball -Foster Glass, who distributed containers and material
during the 1998-1999 grant year would be interested in doing so again this year.
In addition, KJServices staff will attend one City event to distribute used oil containers
and promotional and educational materials. This event will be the annual Fun Run to be
held on September 301n
Cost - 15 hrs @ $60/hr = $900
Task 42 — School Outreach / Year 2000 Used Oil Artwork Contest and Poster
KJServices will once again work with the Vernon City School to hold a Used Oil
Artwork Contest and will develop a Year 2001 Used Oil Calendar / Poster using Vernon
School student artwork.
KJS staff will go out to the school and give a used oil recycling presentations to the 3ra
4", and 5" grade classes. After the presentations the students will be invited to enter the
City of Vernon's Used Oil Artwork Contest. The students will draw posters highlighting
the dangers and environmental damage caused by the improper disposal of used motor oil
and/or the benefits and ease of used motor oil recycling.
The artwork entries will be judged and the winners will have their artwork printed as part
of the City of Vernon's Year 2000 Used Oil Calendar / Poster. The winning students will
be recognized at a City of Vernon City Council meeting. At the Council meeting each
winner will also receive awards and prizes for their participation.
KJServices staff will contact Vernon businesses for donations to support this school
artwork project. The business contributions will be used to purchase awards and prizes
for the winners since Block Grant funds cannot be used for these types of items.
KJServices will design and print 500 copies the calendar / poster. The completed posters
will be distributed to the Vernon School, the City, business sponsors, the winning
students, and throughout the community.
KJServices will coordinate all the projects tasks with the City and will secure all
necessary approvals from the City and the CIWMB Grant Manager before finalizing the
design and before printing the poster / calendar.
Cost —1 S hours @ $60/hr = $900
Poster / Calendar design and printing (qty 500) - $3, 000
Task #3 Used Oil Recycling Containers and Program promotional items
Based on past years' response among employees at local businesses and at the Fun Run
event, these containers are a good item to continue to distribute. There are currently 10
cases remaining in the City warehouse which I anticipate will be distributed at the Fun
Run event.
I propose to purchase an addition 200 containers. These will be distributed at the
business outreach events.
Cost - $ 73 6 (including all taxes and shipping)
In the past we have affixed a decal to each of the used oil recycling container which gave
information about the City's used oil certified collection center (Commercial Tire). I
propose to continue to use these decals and will need to reorder a small supply to be used
on the next order of containers.
Cost - $320 (Reorder of 300 decals. We'll use any extras as give-away items)
In addition to the decals for the used oil containers, I propose to reorder some additional
promotional items.
We still have an adequate supply of magnets but we are out of the pencils we produced in
past years.. We can reorder an additional 500 pencils for a fairly minimal expenditure.
Cost - $144 (500 recycled currency pencils)
Task #4 - Grant Administration and Proiect Management
This task will include those activities needed to administer the grant on behalf of the City.
Activities will include preparation of bills and expenditure itemization reports to the
State, preparing the necessary Progress Reports and Final Report, and assisting the
Certified Center (Commercial Tire) with any program compliance or reporting questions.
Regularly scheduled update meetings will also be held with you or your designated staff
person to keep them apprised of the progress of the grant tasks.
Cost - 10 hrs @ $60/hr = $600
Thank you again for allowing KJServices to administer this Used Oil Grant on behalf of
the City of Vernon. I look forward to another productive year.
EXHIBIT B
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INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
the following amounts and coverage (combined single limit permitted):
Coverage and Limits
Bodily Iniury Proj2eM Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 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
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contract Liability
$1,000,000
$2,000,000—
$1,000,000
Professional Liability
$2 000 000
$2 000 000
$2,000,000
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 additional insureds u
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