Resolution No. 7626x
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7626
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 DEPARTMENT OF CONSERVATION SB 332
RECYCLING GRANT FOR 2000-2001 GRANT YEAR
WHEREAS, on May 16, 2000, the City Council of the City of
Vernon approved an application for Beverage Container Recycling and
Litter Reduction grant funds; 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 and would have the experience to manage
and implement the Beverage Container Recycling Program grant; 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 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
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
ATTEST •
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB G, Mayor
2 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7626, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Tuesday, September 19,
8 2000, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
10 /'/�z
X-
11 BRUCE V. MALKENHORST, City Clerk
12
(SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3 -
EXHIBIT
AV
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
9 Corporation (hereinafter referred to
as the "City")
10 4305 Santa Fe Avenue
Vernon, California 90058
11
12 AND KJ SERVICES (hereinafter referred to
as the "Consultant")
13 9020 Hornby Avenue
Whittier, CA 90603
14
15 WITNESSETH
16 WHEREAS, an application by the City for Beverage Container
17 Recycling and Litter Reduction grant funds was authorized by Resolution
18 No. 7533 on May 16', 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 City's Department of Conservation SB 332 Recycling Grant; and
22 WHEREAS, in the past, Consultant has provided services to the
23 City regarding the Used Oil Recycling Grant Program and has specialized
24 knowledge and experience in the management and implementation of the
25 two programs; and
26 WHEREAS, the Consultant submitted a proposal to the City
27 dated September 4, 2000 (the "Proposal") which includes a description
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of proposed services and a cost proposal; and
WHEREAS, the Consultant is willing to render such
professional 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 Five Thousand
Dollars and No Cents ($5,000.00) 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
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
which services have been performed or costs incurred hereunder, the
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 not bill the
City 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
3 -
1
2'
3
4
51
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
reference. Said proof of insurance shall also provide that said policy
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.
- 4 -
1 3. Court Ordered Disclosure. Consultant shall
2 immediately notify the City of any court order or subpoena requiring
3 disclosure of Confidential Information, and shall cooperate with legal
4 counsel in the appeal or challenge of any such order or subpoena.
5 Recipient may only disclose Confidential Information required to be
6 disclosed pursuant to court order or subpoena after legal counsel has
7 exhausted any lawful and timely appeal or challenge.
8 4. Remedies. In addition to any other remedies that
9 it may have at law or in equity, the City shall be entitled to a
10 temporary and permanent injunction by a court of competent jurisdiction
11 against any breach or threatened breach of the Confidential Information
12 provisions of this Agreement. Consultant acknowledges that in case of
13 such breach or threatened breach of said provisions, the City would
14 have no adequate remedy at law.
15 VII. GENERAL PROVISIONS.
16 1. Independent Contractor. At all times during the
17 term of this Agreement, the Consultant shall be an independent
18 contractor and shall not be an employee of the City. The City shall
19 have the right to control the Consultant only insofar as the results of
20 the Consultant's services rendered pursuant to this Agreement; however,
21 the City shall not have the right to control the means by which the
22 Consultant accomplishes services rendered pursuant to the Agreement
23 except to the extent that such services involve the use of City
24 property or Confidential Information.
25 2. Consultant Not Agent. Except as the City may
26 specify in writing, the Consultant shall have no authority, express or
27 implied, to act on behalf of the City in any capacity whatsoever as an
28 agent. The Consultant shall have no authority, expressed or implied,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(pursuant to this Agreement to bind the City to any obligation
1whatsoever.
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 becomethe 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
lat no extra cost.
S. 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:
1 City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
2 CITY ADMINISTRATOR
3 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
4
CONSULTANT: KJ SERVICES
5 ATTN: KEVIN SALES
6 9020 HORNBY AVENUE
WHITTIER CA 90603
7
8 Any such notices, demands, invoices and written
g communications shall be (i) hand delivered, (ii) sent by telecopy and
10 mail, or (iii) sent by mail. Mail shall be conclusively deemed to have
11 been received by the addressee five (5) days after the deposit thereof
12 in the United States Mail, postage
13 8. Entire Agreement. This Agreement supersedes any
14 and all other agreements, either oral or in writing, between the
15 parties with respect to the subject matter herein. Each party to this
16 Agreement acknowledges that no representations have been made by any
17 party which are not embodied herein and that no other agreement,
18 statement or promise not contained in this Agreement shall be valid and
19 binding. Any modification of this Agreement will be effective only if
20 it is in writing signed by the parties.
21 9. Benefit of Agreement. This Agreement shall bind
22 and benefit the parties hereto and their heirs, successors, and
23 permitted assigns.
24
25
26
27
28
- 7 -
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
By:
`L ONIS C. MALBUR , Mayor v
KJ SERVICES
By:
KEVIN SALES
Title: Sole Proprietor
- 8 -
EXHIBIT
0
RECEIVED
S• SEP 0 5 2000
ervices HEALTH
DEPARTMENT
CONSULTING
RECYCLING PROGRAM DESIGN • PUBLIC EDUCATION & OUTREACH • GRANT WRITING & ADMINISTRATION • AB939 IMPLEMENTATION & COMPLIANCE
September 4, 2000
Mr. Lewis Pozzebon
Director/Health Officer
City of Vernon
Health and Environmental Control
4305 Santa Fe Ave.
Vernon, CA 90058
Lew,
KJServices Environmental Consulting is very pleased to present the following proposal
of tasks to be implemented under the City of Vernon's Department of Conservation
(DOC) Senate Bill 332 (SB332) Recycling Grant. The following tasks have been
identified to help the City promote and facilitate the recycling of Used Beverage
Containers (aluminum cans, and plastic and glass bottles) as stipulated under the DOC's
SB332 Grants.
As requested by the City of Vernon the proposed tasks do include some cooperative
activities with the neighboring City of Huntington Park. In addition, contacts were made
with the Cities of Maywood and Bell about other coordinated efforts. While no concrete
tasks have been arranged with those cities, the other tasks outlined in the proposal can be
combined or coordinated with these other cities as opportunity arises.
I look forward to working with you and the City of Vernon on this new recycling
program.
KJServices Environmental Consulting
9020 Homby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 a -mail KJServ@aol.com
City of Vernon
Department of Conservation SB332 Grant
Proposed Activities for the 2000-2001 Grant Year
Task #1— Movie Theater Advertising
KJServices, on behalf of the City of Vernon, will join with the City of Huntington Park to
develop and place a number of movie theater screen ads to encourage residents to recycle
their Used Beverage Containers (aluminum cans, and plastic and glass bottles).
These ads will be placed at the Pacific Warners theater in Huntington Park. These are the
nearest and most centrally located movie theaters for both Huntington Park residents,
many of whom work for businesses located in the City of Vernon, and for Vernon
residents themselves.
The movie theater ads will promote the environmental importance of recycling beverage
containers; the impact improperly disposed containers have on the landscape as litter, and
the fact that these containers can be recycled for cash.
The movie screen ads will be run for approximately 6 months, in two 3-month intervals.
The cost for the screen ads will be divided between the Cities of Vernon and Huntington
Park.
Cost — 4 hrs @ $60/hr - $240
Movie theater ad placement - $760
Task #2 — Recycling Promotional Outreach to Vernon Businesses
The City of Vernon is home to hundreds of commercial and industrial businesses. These
businesses give the City a daytime population of approximately 50,000. The City sees a
great potential among this audience of Vernon business employees and wants to reach out
to them with the beverage container recycling message.
KJServices proposes to create a recycling promotional item that will be provided free of
charge to businesses in the City. The item, a can and bottle opener, will be imprinted
with a simple recycling message that reminds the recipient of the importance of recycling
their cans and plastic and glass bottles.`
Working with its established network of business contacts in the community, KJS staff
will provide the items to the businesses for distribution at their cafeterias, break rooms,
employee lounges, and at employee picnics, parties, and events. In addition this promo
item will also be distributed at all business outreach event held as part of the City's used
oil recycling program.
The promotional can and bottle opener will have a minimal per -unit cost that will enable
the City to purchase the maximum number possible. To the extent possible, the selected
item will be manufactured using recycled materials.
Cost — 5 hrs @ $60/hr - $300
Promotional can & bottle opener (2,000 qty) - $920
Task 93 — Community Outreach Event
KJServices staff will participate at community events,in the neighboring communities to
promote the importance of beverage container recycling. These outreach activities will
be coordinated with one or more of the surrounding communities..
The program will target participation at a wide variety of community events such as Earth
Day celebrations, Cinco de Mayo Festivals, 4th of July community picnics, and other
citywide events and celebrations.
At these events staff will distribute City of Vernon recycling information, lists of
neighborhood recycling centers, and program promotional materials.
Cost — 5 hrs @ $60/hr = $300
Task #4 — Recycling Containers for Businesses
The City of Vernon will develop a pilot program to purchase and distribute recycling
containers for use at businesses in the community. These recycling containers will be
designed to be used in cafeterias, break rooms, and employee lounges for the collection
of aluminum cans, and plastic and glass bottles. These containers, mostly generated from
on -site vending machines, will be collected and recycled by the business' employees.
The funds earned would either be used to support employee activities or be donated to a
community organization.
The goal of this task is to help establish the infrastructure needed to provide beverage
container recycling opportunities where they do not currently exist.
The goal for the first year is to provide recycling containers for 4 businesses in the City.
Each business will be provided with 3 recycling containers of approximately 30-gallons
capacity each. One container each will be provided for aluminum cans, plastic bottles,
and glass bottles. The containers will be marked with decals indicating what material
should go in each. In addition, each container will be marked with a decal with the
program slogan "Vernon Wants You! To Recycle! ".
While the City will provide the containers, all the recycling collection and the processing
of the containers will be the responsibility of the participating businesses.
Cost — 5 hrs @ $60/hr - $300
12 recycling containers ($110 each)- $1,320
Container decals - $200
Task 95 — School Outreach
In conjunction with the City's very successful Used Oil Recycling Calendar contest,
KJServices will provide presentations and participation activities to the students of the
Vernon City School as part of their beverage container recycling program. In the past
these presentations had been limited to discussions of household hazardous waste
materials and the damage that they can cause the environment. With the additional funds
from the DOC grant, the presentations will be expanded to discuss can and bottle
recycling and the littering problems these containers can cause.
The recycling presentation will be made in conjunction with an annual calendar contest
that the City sponsors. After the presentation, students are encouraged to create
environmentally themed artwork and enter them in the calendar contest.
The winners of the contest are recognized by the City Council and receive awards and
prizes made possible through the sponsorship of local businesses.
Cost — 3 hrs @ $60/hr - $180
Task 96 — Grant Oversight and Administration
KJServices staff will coordinate all the .previously mentioned tasks and will be
responsible for preparing the necessary grant Progress Reports and Budget
Reimbursement Requests.
Cost - 8 hrs @ $60/hr - $480
EXHIBIT B
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 In -jury 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 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
SUPPORTING
DOCUMENTS
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 (323) 581-7924
City Council
City of Vernon
Honorable Members:
'we
F� nllii •� �`t` ,IN-�
^^,
•"'
1 • • FAX:
oil
• ::
September 13, 2000
8 2761
T J. DeDARIO
(
D ctor f pal Utilities
FA 3) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
Police Chief
FAX: (323) 583-5236
RUCE W. OLSON
In 1998, the City Council authorized a consulting agreement with K.J.
Services to assist the Environmental Health Department with the
implementation of the Used Oil Recycling Program using funds from a
California Integrated Waste Management Board grant.
For the last two years, K.J. Services has favorably performed and
assisted the used oil recycling center certified in Vernon, Commercial
Tire, located at 3368 Leonis Blvd., and it was also involved with the
2000 Used Oil Artwork Contest and Poster School Outreach Program.
Based on the aforementioned information, the Health Department would
like to again. enter into an agreement with K.J. Services for the
fiscal year 2000-2001. Funds to cover this cost will be taken from
the Used Oil Program Grant that we recently received.
Very truly yours,
uce V. Mal nhors
City Clerk
BVM/ng
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 (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Mr. Kevin Sales
KJ Services
9020 Hornby Avenue
Whittier, CA 90603
September 14, 2000
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583--1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
VIA FEDERAL EXPRESS
Re: Agreement for Professional Consulting Services (Used
Oil Block Grant)
Dear Mr. Sales:
Enclosed please find two duplicate originals of the
aforementioned Agreement which needs to be signed by the.
appropriate parties and returned to the City, to the attention
of Judy Lehr, Legal Department, by 10 a.m. on Monday, September
18, 2000. The Agreement contains terms that are consistent with
the proposal document and is scheduled to be considered by the
City Council at its meeting on September 19, 2000.
Once the originals are executed by the City, one fully
executed original will be returned to you for your files.
Please refer to the enclosed "City of Vernon Signature
- Requirements for City Agreements" and comply with the
requirements set forth for your company.
I thank you for your cooperation regarding this matter.
Very truly yours,
Eduardo Olivo
City Attorney
Jl
Enclosures
CC: Ms. Gloria orosco, Chief Deputy City Clerk (w/o encls.)
61-fo:
Mem o
Bruce V. Malkenhorst, City Administrator
From: Lewis Pozzebon, Director, Environmental Health
Subject: Used Oil Recycling Block Grant Consulting Agreement
Date: September 11, 2000
In July 1998, the City Council authorized a consulting agreement with K.J.
Services to assist our department in the implementation of the Used Oil Recycling
Program using funds from a California Integrated Waste Management Board
grant. The grant funds are used to improve the public's awareness in Vernon of
used oil recycling opportunities. During the past two years, K.J. Services has
assisted the used oil recycling center certified in Vernon (Commercial Tire, 3368
Leonis Blvd.); designed and purchased used oil recycling materials; conducted the
used oil recycling calendar contest, and distributed recycling materials to the
public.
Based on the favorable performance of K.J. Services, we are proposing to extend
the consulting agreement for another year. Attached is a copy of the K.J. Services
proposed activities and estimated fees for Fiscal Year 2000-2001. Also attached is
a copy of the Council Resolution which amended the original agreement and
extended the term.
Although this is a small program, the State Waste Board encourages cities to help
protect the environment by implementing the Used Oil Recycling Program. In
addition, the program helps us comply with the State mandated AB 939 law. Lam
recommending that an extension of the agreement be considered for review and
approval.
Attachments
xc: Ed Olivo, City Attorney Vusedoil/memo/usedoilconsult00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Execution Copy
AMENDMENT NO. 1 TO THE AGREEMENT
FOR PROFESSIONAL CONSULTING SERVICES
THIS.AMENDMENT NO. 1 is effective July 1, 1999
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, California, 90058
AND K. J. SERVICES (hereinafter
referred to as the
"Consultant") ,
9020 Hornby Avenue
Whittier, CA 90603
WITNESSETH:
WHEREAS, the City and the Consultant entered into an
Agreement For Professional Consulting Services on July 30, 1998
(the "Agreement"), which provided for expiration on June 30, 1999;
and
WHEREAS, the Agreement is herein incorporated by
reference; and
WHEREAS, City and Consultant desire to extend said
Agreement through and including June 30, 2000, and to modify the
Scope of Services to be performed by the CONSULTANT.
NOT, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE
AGREEMENT AS FOLLOWS:
SECTION 1: Section I of said Agreement entitled SCOPE OF
SERVICES is hereby modified as follows:
I. SCOPE OF SERVICES
Consultant shall perform all requested services in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
their entirety as outlined in the letter dated August 4,
1999 ("the Proposal") which is attached hereto and, marked
as Exhibit "A" and made a part hereof by reference.
SECTION 2: Section II of said Agreement entitled TIME OF
PERFORMANCE is hereby modified as follows:
II. TIME OF PERFORMANCE
Consultant's services herewith shall commence upon
signing of the Agreement and shall be completed by
June 30, 2000, unless terminated or extended.•
SECTION 3: A new section, entitled Entire Agreement, is
added to the Agreement as subsection 9 of Section VII as follows:
9. Entire Agreement. This Agreement, including the
July 30, 1998 Agreement, as herein modified, is the
entire Agreement of the parties. The Consultant
represents that, in entering into this Agreement, he has
not relied on any previous representations or
understandings of any kind or nature.
SECTION 4: In all other respects, the terms and
conditions of the Agreement For Professional Consulting Services
shall be renewed in its entirety.
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be effective on July 1, 1999.
Date:
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
DAVID B. BREARLEY, Citq, Attorney
Date:
CITY OF VERNON
By:
HOMAS A. YBARIZA, Mayor
Pro 'Tern
3
B�
Title: Sole Proprietor
-3-
Services EXHIBIT A
ENVIRONMENTAL
CONSULTING
RECYCLING PROGRAM DESIGN- - PUBLIC EDUCATION & OUTREACH - GRANT WRITING & ADMINISTRATION - A8939 IMPLEMENTATION & COMPLIANCE
August 4, 1999
Mr. Lewis J. Pozzebon
Director/Health Officer HEAL714
Health and Environmental Control
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Lew,
Thank you for allowing K.J. Services (KJS) to continue to manage and implement the
City of Vernon's Used Oil Block Grant for the 1999-2000 grant year. The following
proposal outlines tasks that I believe would be beneficial to pursue this year.
As we enter this last year of the current three-year grant, I think we've made a good
progress toward raising the awareness of used oil and its proper handling and recycling.
The tasks proposed below are designed to build on the progress we have made over the
last two years.
I think 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.
Used Oil Block Grant
As we have discussed, the State has change the way they administer the Block Grants by
changing from funding the cities on a reimbursement basis to an advance basis. The City
of Vernon will be receiving a lump sum comprised of the $5,000 allocation for the 1999-
2000 grant year plus any money remaining from the previous two years.
As you mentioned on the phone, the paperwork from the State showed a total of
approximately $10,000 as the amount to be advanced to City. They are showing this large
amount because of a couple of reasons. Part of the amount is $1,350 in expenses that
remain from the 2nd year of the grant that had not yet been submitted for reimbursement.
Most of the remaining amount stems from the reimbursement request from the I"year of
the grant that was submitted to the State but never reimbursed to the City. It now appears
obvious that that reimbursement request was lost or misplaced and never made it on to the
State's Block Grant ledger for Vernon.
9020 Hornby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 ��Tfaq�i Coln
I will review the records for the 1° and 2nd year of the grant and reconcile all previous
expenses so that we can know exactly how much money is really available for the 1999-
2000 grant year. My expectation is that, once the records are reconciled and submitted to
the State, the grant funds available for this year will be approximately $5,000, the same as
the City's normal yearly Block Grant allocation.
The tasks outlined below are based on the $5,000 figure.
K.J. Services proposes the following tasks to be performed under the Used Oil Block
grant:
Task 01— Business and Community Outreach
Under this task we will continue and expand the program from last year 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 like to do so again this year.
In addition, KJ Services staff will attend one City event to distribute used oil containers
and promotional and educational materials. This event will most likely be the annual Fun
Run which is held in late September each year.
Cost -15 hrs @ $50/hr = $750
Task #2 — School Outreach / Year 2000 Used Oil Artwork Contest and Poster
KJ Services will work with the Vernon School to hold a Used Oil Artwork Contest and
will develop a Year 2000 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 3`d,
4`s, and 5°i 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.
KJ Services 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.
KJ Services 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.
KJ Services 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 @ $501hr = $750
Poster / Calendar design and printing (qty 500) - $3, 000
Task 93 - 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 @ $501hr = $500
Thank you again for allowing K.J. Services to administer this Used Oil Grant on behalf of
the City of Vernon. I look forward to another productive year.
Sinc ely,
h
Kevi es
r
I RESOLUTION NO 7399
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT NO. 1 TO THE AGREEMENT.FOR PROFESSIONAL
4 CONSULTING SERVICES BY AND BETWEEN THE CITY OF
VERNON AND K. J. SERVICES RELATING TO VERNON'S USED
5 OIL BLOCK GRANT FOR 1999-2000 GRANT YEAR
6
7 WHEREAS, a Used Oil Block Grant under the California Oil
8 Recycling Enhancement Act was authorized by Resolution No. 6932 on
9 March 25, 1997; and
10 WHEREAS, the City of Vernon and K. J. Services ("K. J."),
Ili entered into an Agreement For Professional Consulting Services on
12 July 30, 1998, (the "Agreement"), which provided for expiration on
13 June 30, 1999; and
14 WHEREAS, the City of Vernon and .K. J. desire to amend said
15 Agreement to (i) extend said Agreement through and including June 30,
16 2000; (ii) modify the scope of serviced provided by K. J.; (iii) amend
17 the time of performance provision of said Agreement; and (iv) add an
18 integration provision.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
20 CITY OF VERNON AS FOLLOWS:
21 SECTION-1: The City Council of the City of Vernon hereby
22 finds and determines that the recitals contained hereinabove are true
23 and correct.
24 SECTION 2: The City Council of the City of Vernon hereby
25 approves the Amendment No. l to the Agreement for Professional
26 Consulting Services, a copy of which has been presented to the City
27 Council concurrently with this resolution, and the City Council hereby
28 orders said Amendment No. 1 to be received and filed by the City
0
Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment No.
1 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 17`h day of August, 1999.
THOMAS A. YEAR , Mayor Pro Tem
ATTEST -
BRUCE V. MALKENHORST, City Clerk
-2-
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.
7399, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, August 17,
1999, and thereafter was duly signed by the Mayor Pro Tem of the City
of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
-3-
RECEIVED
Services SEP 0 5 20U9
ENV[ RC3N M E NTAL 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 Hornby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 e-maii K)Servfaol..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 30''.
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 P,
4t', and 5t' 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
14
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 Protect 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 @ $601hr = $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.