Resolution No. 76251
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RESOLUTION NO. 7625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND KJ SERVICES
RELATING TO VERNON'S USED OIL BLOCK GRANT FOR 2000-
2001 GRANT YEAR
WHEREAS, on April 4, 2000, the City Council of the City of
Vernon approved an application for 2000/2003 Used Oil Block Grant,
Sixth Cycle, under the California Oil Recycling Enhancement Act; and
WHEREAS, KJ Services has provided services to the City in the
past relating to the implementation and administration of the Used Oil
Block Grant program in the City in compliance with the State mandated
AB 939 law; and
WHEREAS, as a result of KJ Services' past services to the
City, it should be able to more efficiently and effectively provide the
services now required by the City; and
WHEREAS, the City of Vernon and KJ Services desire to enter
into an Agreement for Professional Consulting Services pursuant to
Section 2.27 of the Vernon City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT3
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 an
correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement For Professional Consulting Services,,a copy of
which is attached hereto as Exhibit "A" and made a part hereof.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to transmit one fully executed
Agreement to:
KJ Services
Attn: Kevin Sales
9020 Hornby Avenue
Whittier, CA 90603
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 19th day of September, 2000.
ATTE��
BRUCE V. MALKENHORST, City Clerk
� f
~LEONIS C. MAL URG, Mayor
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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.
7625, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, September 19.
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
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AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT 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
September, 2000, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND KJ SERVICES (hereinafter referred to
as the "Consultant")
9020 Hornby Avenue
Whittier, CA 90603
WITNESSETH
WHEREAS, a 2000/2003 Used Oil Block Grant, Sixth Cycle, under
the California Oil Recycling Enhancement Act was authorized by
Resolution No. 7513 on April 4, 2000; and
WHEREAS, the City desires to retain the services of a
consulting firm to provide expertise in implementing and administering
the Used Oil Block Grant program in the City in compliance with the
State mandated AB 939 law; and
WHEREAS, the Consultant has provided such services to the
City in the past and has specialized knowledge and experience in the
management and implementation of AB 939; and
WHEREAS, the Consultant submitted a proposal to the City
dated September 4, 2000 (the "Proposal") which includes a description
of proposed services and a cost proposal; and
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WHEREAS, the Consultant is willing to render such
professional services as hereinafter defined.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
IIFORTH 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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'Consultant shall submit an invoice to the City stating the amount due
to the Consultant. Invoices shall contain an itemization of services
rendered, directly related job expenses and subcontract charges
incurred by the Consultant and for which compensation is due.
Consultant shall be responsible for paying any subcontractors used in
the performance of this Agreement. Subcontractors shall notbillthe
JCity directly.
Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days of receipt. The City's
approval of the invoice shall not be unreasonably withheld.
V. INDEMNITY AND INSURANCE.
1. Indemnification. The Consultant shall indemnify,
defend, protect and hold the City and its officers, agents and
employees, free and harmless from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
orders, or judgments which result in any injury or death, and all costs
and expenses incurred in connection therewith, including reasonable
attorney's fees and costs of defense arising out of or attributable to
the negligent or wrongful acts of Consultant or its subcontractors,
employees or agents in the performance of services under this
Agreement, except to the extent arising from or caused by the sole
active negligence or willful misconduct of the City, its officers,
agents or employees.
2. Insurance. Prior to commencing work hereunder, the
Consultant shall provide the City with proof of insurance providing and
maintaining the coverages and endorsements set forth in the Insurance
Schedule attached hereto as Exhibit "B" and made a part hereof by
reference. Said proof of insurance shall also provide that said policy
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or policies shall not be canceled or materially reduced in coverage
without giving at least thirty (30) days prior written notice to the
City. Comparable coverage shall be provided for each subcontractor
used in the performance of this Agreement.
VI. CONFIDENTIAL INFORMATION.
1. Access to Confidential Information. The City may
provide Consultant with, or allow Consultant access to, certain
information not available to the public concerning the City, or
businesses located in the City. The information may include company
information, taxes, sales, value of assets, or other such information.
All such information shall be known as "Confidential Information."
2. No Disclosure. Except as expressly permitted,
Consultant shall not disclose, permit the disclosure of, release,
disseminate, or transfer, whether orally or by any other means, any
part of such Confidential Information to any other person or entity,
whether corporate, governmental, or individual, without the express
prior written consent of an authorized representative of the City.
Consultant shall return any written Confidential Information, and all
copies made of such items, to the City upon the City's written request,
but in any event not later than the date that the Consultant has
performed all services to be performed pursuant to this Agreement.
Consultant hereby agrees that such Confidential Information and any
documents provided may be used by Consultant only as authorized by the
City. Consultant shall take reasonable measures to avoid any
disclosure of any such Confidential Information to any unauthorized
person.
3. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
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MIN
disclosure of Confidential Information, and shall cooperate with legal
counsel in the appeal or challenge of any such order or subpoena.
Recipient may only disclose Confidential Information required to be
disclosed pursuant to court order or subpoena after legal counsel has
(exhausted any lawful and timely appeal or challenge.
4. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent jurisdiction'
against any breach or threatened breach of the Confidential Information
provisions of this Agreement. Consultant acknowledges that in case of
such breach or threatened breach of said provisions, the City would
have no adequate remedy at law.
VII. GENERAL PROVISIONS.
1. Independent Contractor. At all times during the
term of this Agreement, the Consultant shall be an independent
contractor and shall not be an employee of the City. The City shall
have the right to control the Consultant only insofar as the results of
the Consultant's services rendered pursuant to this Agreement; however,
the City shall not have the right to control the means by which the
Consultant accomplishes services rendered pursuant to the Agreement
except to the extent that such services involve the use of City
property or Confidential Information.
2. Consultant Not Agent. Except as the City may
specify in writing, the Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as an
agent. The Consultant shall have no authority, expressed or implied,
pursuant to this Agreement to bind the City to any obligation
whatsoever.
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3. Validity.• The validity, interpretation and
performance of this Agreement shall be controlled and construed under
the laws of the State of California.
4. Products of Consulting. All products of consulting
services with the exception of computer software developed by the
Consultant, shall become the property of the City and shall be
delivered to the City before the end of the performance of this
Agreement. However, computer software shall remain the property of the
Consultant, except for the City's continued right to use said software
at no extra cost.
5. Assignment Prohibited. No party to this Agreement
may assign any right or obligation pursuant to this Agreement except
with the express written consent of the other party. Any other
attempted or purported assignment of any right or obligation pursuant
to this Agreement shall be void and of no effect.
6. Termination. This Agreement may be terminated by
the City on thirty (30) days written notice to the Consultant. The
effective date of cancellation shall be on the 30th day after said
written notice. The Consultant shall be entitled to the compensation
earned by it prior to the date of the termination notice, computed pro
rata up to and including that date, plus compensation for work
performed during the thirty -day notice period and authorized in the
termination notice.
7. Notices. Any and all notices, demands, invoices,
and written communications between the parties shall be addressed to
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:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
gy:
EONIS C. MAL URG, M yor
KJ SERVICES
By:
KEVIN SALES
Title: Sole Proprietor
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RECEIVED
Services ��P a 5 20�I�
HEALTH
ENVIRONMENTAL 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 1st 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 Homby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 a -mall KJServ@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 #2 — 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 3rd,
0, and 5tn 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 —15 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 - $736 (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 Project 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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EXHIBIT B
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):
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 $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_ rop ofs by the insurance
agent or broker will not be accented:
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