Resolution No. 7633S �
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RESOLUTION NO. 7633
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
WATER RIGHT LICENSE BY AND BETWEEN THE CITY OF
VERNON AND SEVEN-UP/RC BOTTLING COMPANY, WHICH
GRANTS THE CITY OF VERNON A LICENSE TO EXTRACT 89
ACRE-FEET OF THE ALLOWED PUMPING ALLOCATION OF
SEVEN-UP/RC BOTTLING COMPANY FOR THE PERIOD JULY 1,
2000 THROUGH JUNE 30, 2001
WHEREAS, the City of Vernon and Seven-Up/RC Bottling Company
of Southern California, Inc. ("Seven -Up") wish to enter into an
agreement providing for the City to lease 89 acre-feet of the allowed
pumping allocation of Seven -Up; and
WHEREAS, the Director of Community Services & Water and
Seven -Up have negotiated a Water Right License for the period of
July 1, 2000 through June 30, 2001, with an agreed price of Twenty
Thousand Nine Hundred Fifteen Dollars and No Cents ($20,915.00); and
WHEREAS, a "Statement" of account dated September 12, 2000,
providing that the sum of Twenty Thousand Nine Hundred Fifteen Dollars
and No Cents ($20,915.00) will be paid to Seven -Up, for the period of
July 1, 2000 through June 30 2001, has been submitted to the City and
approved by the Director of Community Services & Water; and
WHEREAS, Ms. Doreen Thomas, Vice President, Administration/
Legal Services for Seven -Up, signed said Statement on September 12,
2000, agreeing thereto.
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
land correct.
s '
1 SECTION 2: The City Council of the City of Vernon hereby
2 approves the Water Right License and the "Statement," (which is
3 attached to the License), a copy of which is attached hereto as
4 Exhibit "A" and made a part hereof.
5 SECTION 3: The City Council of the City of Vernon hereby
6 authorizes the Mayor and the City Clerk to execute said License for,
7 and on behalf of, the City of Vernon.
8 SECTION 4: The City Council of the City of Vernon hereby
9 directs the City Clerk, or his designee, to send a fully executed Water
10 Right License to:
11 Seven-Up/RC Bottling Company of Southern
California, Inc.
12 Attn. Ms. Doreen Thomas, Vice President
13 3220 East 26th Street
Vernon, CA 90023
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SECTION 5: The City Council of the City of Vernon hereby
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directs the City Clerk, or his designee, to send a copy of the Water
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Right License (without the Statement) to:
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Watermaster Service
18 State of California
Department of Water Resources
19 770 Fairmont Avenue, Suite 102
20 Glendale, CA 91203-1035
21 SECTION 6: The City Clerk of the City of Vernon shall
22 certify to the passage of this resolution, and thereupon and thereafter
23 the same shall be in full force and effect.
24 APPROVED AND ADOPTED this 19th day of September, 2000.
25
EONIS C. MALB G, Mayor
26 ATTEST:
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28 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7633, 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.
11 BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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EXHIBIT
WATER RIGHT LICENSE
THIS LICENSE is trade, entered into and executed as of
this day of 2000.
BY AND BETWEEN SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA, INC.
(hereinafter "Licensor")
3220 East 26th Street
Vernon, CA 90023
AND CITY OF VERNON, a municipal
corporation (hereinafter
"Licensee")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
RECITALS•
Licensor hereby grants to Licensee a License to extract
89 acre-feet of Allowed Pumping Allocation allocated to Licensor
(or predecessors in interest) under and pursuant to the Judgment
dated October 11, 1965, and entered in Los Angeles Superior Court
Case No. 786,656 entitled "Central and West Basin Water
Replenishment District vs. Charles E. Adams, et al." during the
period commencing July 1, 2000, and continuing to and including
June 30, 2001.
This License is granted, subject to the following
conditions:
(1) Licensee shall exercise said right and extract the same
on behalf of Licensor during the period above specified and put
the same to beneficial use, and Licensee shall not by the
exercise hereunder of said right acquire any right to extract
water independent of the rights of Licensor.
(2) Licensee shall pay assessments levied on the pumping of
said ground waters by the Water Replenishment District.
(3) Licensee shall notify the District and the Watermaster
that said pumping was done pursuant to this License and provide
the Watermaster with a copy of this license.
(4) Licensee shall note, in any recording of water
production for the period of this License, that said pumping was
done pursuant to this License.
(5) Licensee's Allowed Pumping Allocation shall be.
increased by the amount hereby leased when computing carry-over
of allowable over -extraction as provided by Part III, Subpart A
-1-
and B in said Judgment.
Licensor warrants that it has 89 acre-feet of Allowed
Pumping Allocation and that it has not pumped and will not pump
or permit or license any other person to pump any part of said 89
acre-feet during the period of July 1, 2000 through June 30,
2001.
SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA, INC.
Licensor
By X) A
DOREEN THOMAS
Print Name
Title: ICE PRESIDENT, ADMINISTRATION/LEGAL SERVICES
By:
FLOYD KODA
Print Name
Title: VICE PRESIDENT FINANCE
CITY OF VERNON
Licensee
B
-LONIS C. MAL9bRG, Ma or
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
C:\My Documents\LEASEAGREEKENTS\7Up.doc EDUARDO OLIVO, City Attorney
-2-
Y
1°
STATEMENT
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC.
grants to the City of Vernon a license to extract 89 acre-feet of
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC.'s allowed
pumping allocation for the 2000-2001 Fiscal Year @ $235.00 per
acre-foot for a total cost of $20,915.00.
SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA, INC.
VICE PRESIDENT, ADMIN. /LEGAL SERVICES 09/12/00
Signature Title Date
CITY VERNON green to the above Statement.
Director of Community Sea
ure Title
statement. -AP
Date
SUPPORTING
DOCUMENTS
WATER RIGHT LICENSE
THIS LICENSE is made, entered into and executed as of
this o2 day of L _2000.
BY AND BETWEEN SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA, INC.
(hereinafter "Licensor")
3220 East 26th Street
Vernon, CA 90023
AND CITY OF VERNON, a municipal
corporation (hereinafter
"Licensee")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
RECITALS•
Licensor hereby grants to Licensee a License to extract
89 acre-feet of Allowed Pumping Allocation allocated to Licensor
(or predecessors in interest) under and pursuant to the Judgment
dated October 11, 1965, and entered in Los Angeles Superior Court
Case No. 786,656 entitled "Central and West Basin Water
Replenishment District vs. Charles E. Adams, et al." during the
period commencing July 1, 2000, and continuing to and including
June 30, 2001.
This License is granted, subject to the following
conditions:
(1) Licensee shall exercise said right and /extract the same
on behalf of Licensor during the period above specified and put
the same to beneficial use, and Licensee shall not by the
exercise hereunder of said right acquire any right to`extract
water independent of the rights of Licensor.
(2) Licensee shall pay assessments levied on the pumping of
said ground waters by the Water Replenishment District.
(3) Licensee shall notify the District and the Watermaster
that said pumping was done pursuant to this License and provide
the Watermaster with a copy of this license.
(4) Licensee shall note, in any recording of water
production for the period of this License, that said pumping was
done pursuant to this License
(5) Licensee's Allowed Pumping Allocation shall be
increased by the amount hereby leased when computing carry-over
of allowable over -extraction as provided by Part III, Subpart A
-1-
and B in said Judgment.
Licensor warrants that it has 89 acre-feet of Allowed
Pumping Allocation and that it has not pumped and will not pump
or permit or license any other person to pump any part of said 89
acre-feet during the period of July 1, 2000 through June 30,
2001.
SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA INC.
Licensor
By:
DOREEN THOMAS
Print Name
Title: ICE PRESIDENT, ADMINISTRATION/LEGAL SERVICES
By:
FLOYD KODA
Print Name
Title: VICE PRESIDENT FINANCE
ATTEST:
By:L—
BRUCE
V. MALKENHORST, City Clerk
( SEAL )
C:\My Documents\LEASEAGREEMENTS\7UP.doc
CITY OF VERNON
Licensee
By:
L NI�SC �Ml�1, Mayo
APPROVED AS TO
By.
EDUARDO OLIVO, City Attorney
-2-
STATEMENT
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC.
grants to the City of Vernon a license to extract 89 acre-feet of
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA, INC.'s allowed
pumping allocation for the 2000-2001 Fiscal Year @ $235.00 per
acre-foot for a total cost of $20,915.00.
SEVEN-UP/RC BOTTLING COMPANY
OF SOUTHERN CALIFORNIA, INC.
e S-- VICE PRESIDENT, ADMIN./LEGAL SERVICES 09/12/00
Signature Title Date
CITY VERNOl grees to the above Statement.
f1161,I/
Title Date
statement.7UP
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Ter
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
10
City Council
City of Vernon
EkARDO OLIVO
Cl . City Attorney
a FAX: (62) 27 722
VI WILSON
r r of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
September 14, 2000
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
Transmitted herewith is a one-year lease Water Right License and
Agreement with Seven-Up/RC Bottling Company of Southern
California for the rights to 89 acre-feet of water. The cost of
this water is $235.00 per acre-foot or $20,915.00 total.
This has been reviewed by the Director of Community Services and
the City Attorney, and it is hereby recommended that the
Agreement be approved and the Mayor and City Clerk be authorized
to sign the Agreement.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/ng
E�7
September 14, 2000
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community
Services & Water
SUBJECT: LEASING 89 ACRE-FEET OF WATER FROM
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA
It is recommended that a one-year lease be executed with
Seven-Up/RC Bottling Company of Southern California for the
rights to 89 acre-feet of water. The cost of this water is
$235.00 per acre-foot or $20,915.00 total.
Attached is the Water Right License and Agreement. It is
recommended that the Agreement be approved and the Mayor and City
Clerk be authorized to sign the Agreement.
SKW/ca
Attachments
cc: City Attorney
\\Patty\c\My.Documents\LEASEAGREEMENTS\memo.19.doc
L-9
September 14, 2000
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, irector of Community
Services & Water
SUBJECT: LEASING 89 ACRE-FEET OF WATER FROM
SEVEN-UP/RC BOTTLING COMPANY OF SOUTHERN CALIFORNIA
It is recommended that a one-year lease be executed with
Seven-Up/RC Bottling Company of Southern California for the
rights to 89 acre-feet of water. The cost of this water is
$235.00 per acre-foot or $20,915.00 total.
Attached is the Water Right License and Agreement. It is
recommended that the Agreement be approved and the Mayor and City
Clerk be authorized to sign the Agreement.
SKW/ca
Attachments
cc: City Attorney
\\Patty\c\My Documents\LEASEAGREEMENTS\memo.19.doc
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-716n
WM. "BILL" DAVIS
Councilman
H. "L.ARRY" 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
October 10, 2000
Watermaster Service
State of California
Department of Water Resources
770 Fairmont Avenue, Suite 102
Glendale, CA 91203-1035
EDUARDO OL1VO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Directorof Municipal Utilities
FAX: (323) 583--1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Re: Water Right License by and between the City of Vernon and
California Water Service Company
Gentlemen:
The city of Vernon approved a Water Right License by and between
the City of Vernon and California Water Service Company on
September 19, 2000. Enclosed herewith for your records is a
copy of said agreement.
if you have any questions, please feel free to contact Mr. S.
Kevin Wilson, Director of Community Services & Water.
Very truly yours,
CITY OF VERNON
Gloria J. Orosco
Chief Deputy City Clerk
GJO:mt
Cc: Agreement File
Water Dept.
Resolution 7633
C1TY COUNCIL
LEON IS C. MALBURG
Mayor
T`HOMAS A. YBARRA
Mayor Pro —Tern
WM. "BILL" DAVIS
Councilman
H. "L,ARRY" GONZALES
Councilman
W. MICI IAEL MCCORMICK
Councilman
BRUCE V. MALKFNHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
October 10, 2000
Seven-Up/RC Bottling Company
of Southern California, Inc.
3220 East 2{th Street
Vernon, CA 90023
Attn: Ms. Doreen Thomas, Vice President
Re: Water Right License
Dear Ms. Thomas:
EDUARDO Ouvc)
City Attorney
FAX: (562) 927-8722
KEVIN WIISON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDAR10
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Cluef
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583 5236
The City of Vernon City Council approved the Water Right License
by and between Seven-Up/RC Bottling Company of Southern
California, Inc, and the City of Vernon on September 19, 2000.
This license is for the period July 1, 2000 thru June 30, 2001.
For your records enclosed you will find a fully executed
duplicate original of said Agreement and Statement.
Pursuant to the "Statement" enclosed herewith is a check in the
amount of $20,915.00 payable to Seven-Up/RC Bottling Co. If you
have any questions on this matter please feel free to contact
Mr. S. Kevin Wilson, Director of Community Services & Water.
Very truly yours,
CITY OF VERNON
Gloria J. Orosco
Chief Deputy City Clerk
GJO:mt
Cc: Agreement File
Water Dept.
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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 tol
as the "Consultant")
9020 Hornby Avenue
Whittier, CA 90603
WITNESSET
WHEREAS, an application by the City for Beverage Container
Recycling and Litter Reduction grant funds was authorized by Resolution
No. 7533 on May 16, 2000; and
WHEREAS, the City desires to retain the services of a
consulting firm to provide expertise in implementing and administering
the City's Department of Conservation SB 332 Recycling Grant; and
WHEREAS, in the past, Consultant has provided services to the
City regarding the Used Oil Recycling Grant Program and has specialized
knowledge and experience in the management and implementation of the
two programs; and
WHEREAS, the Consultant submitted a proposal to the City
dated September 4, 2000 (the "Proposal") which includes a description
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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, 20011, unless
terminated or extended.
III. COMPENSATION.
1. Fee for --Se ices. 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
jProposal.
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
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1 which services have been performed or costs incurred hereunder, the
2 Consultant shall submit an invoice to the City stating the amount due
3 to the Consultant. Invoices shall contain an itemization of services
4 rendered, directly related job expenses and subcontract charges
5 incurred by the Consultant and for which compensation is due.
6 Consultant shall be responsible for paying any subcontractors used in
7 the performance of this Agreement. Subcontractors shall not bill the
8 City directly.
9 Payment of the invoice shall be made after acceptance and
10 approval by the City within thirty (30) days of receipt. The City's
11 approval of the invoice shall not be unreasonably withheld.
12 V . INDEMNITY AND INSURAIME -
13 1. Indemnification. The Consultant shall indemnify,
14 defend, protect and hold the City and its officers, agents and
15 employees, free and harmless from and against any and all claims,
16 demands, losses, damages, liabilities, fines, charges, penalties,
17 orders, or judgments which result in any injury or death, and all costs
18 and expenses incurred in connection therewith, including reasonable
19 attorney's fees and costs of defense arising out of or attributable to
20 the negligent or wrongful acts of Consultant or its subcontractors,
21 employees or agents in the performance of services under this
22 Agreement, except to the extent arising from or caused by the sole
23 active negligence or willful misconduct of the City, its officers,
24 agents or employees.
25 2. Insurance. Prior to commencing work hereunder, the
26 Consultant shall provide the City with proof of insurance providing and
27 maintaining the coverages and endorsements set forth in the Insurance
28 Schedule attached hereto as Exhibit "B" and made a part hereof by
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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.
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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. Ind oendenY 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,
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1 pursuant to this Agreement to bind the City to any obligation
2 whatsoever.
3 3. Validity. The validity, interpretation and
4 performance of this Agreement shall be controlled and construed under
5 the laws of the State of California.
6 4. products of Consulting. All products of consulting
7 services with.the exception of computer software developed by the
8 Consultant, shall become the property of the City and shall be
9 delivered to the City before the end of the performance of this
10 Agreement. However, computer software shall remain the property of the
11 Consultant, except for the City's continued right to use said software
12 at no extra cost.
13 5. Assignment Prohibited. No party to this Agreement
14 may assign any right or obligation pursuant to this Agreement except
15 with the express written consent of the other party. Any other
16 attempted or purported assignment of any right or obligation pursuant
17 to this Agreement shall be void and of no effect.
18 6. Termination. This Agreement may be terminated by
19 the City on thirty (30) days written notice to the Consultant. The
20 effective date of cancellation shall be on the 30th day after said
21 written notice. The Consultant shall be entitled to the compensation
22 earned by it prior to the date of the termination notice, computed pro
23 rata up to and including that date, plus compensation for work
24 performed during .the thirty -day notice period and authorized in the
25 termination notice.
26 7. Notices. Any and all notices, demands, invoices,
27 and written communications between the parties shall be addressed to
28 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.
- 7 -
1 IN WITNESS WHEREOF, the City and the Consultant have executed
2 this Agreement by and through their authorized officers as of the date
3 first hereinabove set forth.
4 CITY OF VERNON
5
6 Bye
L ONIS C. MALB G, Mayo
7 ATTEST:
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9 /y!
10 BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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14 EDUARDO OLIVO, City Attorney
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KJ SERVICES
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17 By:
IN SALES
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19 Title: Sole Proprietor
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Services HEALTH
DEPARTMENT
ENVIRONMENTAL
CONSULTING
RECYCLING PROGRAM DESIGN • PUBLIC EDUCATION & OUTREACH • GRANT WRITING & ADMINISTRATION a 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 udder 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 Hornby Ave., Whittier, California 90603 ph (562) 693-02Q fax (562) 698-1739 e-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 — S hrs @ $60/hr - S300
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, 41h 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 — S hrs @ $60/hr - $300
12 recycling containers ($110 each)- $1,320
Container decals - $200
Task #S — 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
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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):
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 $1 006,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1.000,000 per em foyer
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 0
$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 12roofs by the insurance
went 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