Resolution No. 78201
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RESOLUTION NO..7820
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 TECS
ENVIRONMENTAL COMPLIANCE SERVICES
WHEREAS, as a co-permittee with the County of Los Angeles in
Municipal Storm Water Permit No. 96-054, the City of Vernon is required
to comply with the Municipal National Pollution Discharge Elimination
System (NPDES) requirements; and
WHEREAS, the implementation and administration of the City's
existing NPDES permit is very complex and staff has determined that
implementation of the next permit will become more complicated; and
WHEREAS, City staff has recommended the retention of a
consulting firm with proficiency in both environmental and NPDES
compliance to aid the City in the implementation and administration of
its NPDES compliance program; and
WHEREAS, TECS Environmental Compliance Services ("TECS"), a
consulting firm specializing in environmental and NPDES compliance,
conducted an audit of the City's existing NPDES program and has made
recommendations to improve the NPDES program and facilitate the City's
NPDES compliance program; and
WHEREAS, the City's staff has determined that very few
consulting firms specialize in the NPDES program and TECS has the
knowledge and expertise to aid the City in the implementation and
administration of its NPDES compliance program; and
WHEREAS, TECS submitted a proposal to the City dated
March 5, 2001, that includes a description of proposed services and a
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cost estimate for the services; and
WHEREAS, on August 21, 2001, the Finance Committee
recommended that the City Council approve the recommendation of Bruce
V. Malkenhorst, the Director of Finance, dated August 15, 2001, that
an Agreement for Professional Consulting Services with TECS be
approved to assist the Community Services & Water Department with the
implementation of the NPDES program; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with TECS to assist the Community
Services & Water Department with the implementation of the NPDES
program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Professional Consulting Services with TECS,
a copy of which is attached hereto as Exhibit "A" and made a part
hereof.
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 send one fully executed
Agreement to:
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TECS Environmental Compliance Services
Attn. Ray Tahir, President
106 South Mentor Avenue, Suite 125
Pasadena, CA 91106
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 22nd day of August, 2001.
ATTEST:
y
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB RG, May r
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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.
782.0, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
August 22, 2001, and thereafter was duly signed by the Mayor of the
City of Vernon.
I (SEAL)
v
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BETWEEN THE CITY OF VERNON AND
TECS ENVIRONMENTAL COMPLIANCE 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 July 2001, in the City of Vernon, California,
BY AND BETWEEN THE CITY OF VERNON, (hereinafter
referred to as "the City")
4305 Santa Fe Avenue
Vernon, California 90058
AND TECS ENVIRONMENTAL COMPLIANCE
SERVICES hereinafter referred to as
"Consultant")
106 South Mentor Avenue, Suite,125
Pasadena, California 91106
WHEREAS, the City is a co-permittee with Los Angeles
County in Municipal Storm Water Permit Order No. 96-054; and
WHEREAS, all storm water permittees are required to
comply with the Municipal National Pollution Discharge Elimination
System ("NPDES") requirements; and
WHEREAS, in order to satisfy NPDES requirements, the City
will have to continue its existing compliance program; and
WHEREAS, the NPDES requirements are very complex and have
recently become increasingly more complex; and
WHEREAS, Consultant has an expertise in the area of
environmental compliance, including NPDES compliance; and
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WHEREAS, Consultant has conducted an audit of the City's
existing NPDES program and found it satisfactory; and
WHEREAS, Consultant has made various recommendations to
improve the City's existing NPDES program; and
WHEREAS, it is now more cost effective to have Consultant
assist the City in the implementation and administration of its
NPDES compliance program; and
WHEREAS, the City desires to retain the services of
Consultant; and
WHEREAS, Consultant submitted a proposal to the City
dated March 5, 2001 (hereinafter referred to as "the Proposal"),
which includes a description of the proposed services and a cost of
the services; and
WHEREAS, Consultant represents that it is qualified to
perform such services under this Agreement for Professional
Consulting Services (hereinafter referred to as "the Agreement").
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
I. Scope of Services.
Consultant shall perform services as outlined in the
Proposal, which is attached hereto as Exhibit "A" and made a part
hereof by reference. Consultant shall provide said services at the
time, place, and in the manner specified in the Proposal, subject
to the direction of the City, through its staff, as may be provided
from time to time. 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.
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II. Time of Performance.
Consultant's services herewith shall commence upon
signing of this Agreement and shall be completed according to the
Proposal, unless terminated or extended.
III. Compensation.
1. Services. The City shall compensate Consultant
for actual effort expended on a time and material basis in
accordance with the fee schedule set forth in the Proposal. The
total compensation shall not to exceed Twenty-two Thousand Dollars
($22,000.00) for this permit year.
2. Expenses. Expenses may be billed but only if
given advance approval in writing by the City Administrator.
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,
Consultant shall submit an invoice to the City stating the amount
due Consultant. The invoice shall also contain an itemization of
services rendered for which compensation is due (i.e., the services
performed, the date the services were performed, the number of
hours spend and by whom), directly related job expenses and
charges. Payment of the invoice shall be made after acceptance and
approval by the City within thirty (30) days.
V. CHANGES AND EXTRA SERVICES
The City reserves the right to request changes in the
services to be performed by Consultant. All such changes shall be
incorporated in written change orders executed by the City and
Consultant that shall specify the changes ordered and the
adjustment of compensation and completion time required thereof.
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Any services added to the scope of this Agreement by a
change order shall be executed under all applicable conditions of
this Agreement. No claim for additional compensation or extension
of time shall be recognized unless contained in a duly executed
change order.
VI. Confidential Information
1. Access to Confidential Information. The City may
provide Consultant with certain information not legally subject to
public disclosure concerning the City, or businesses located in the
City. 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 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
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requiring disclosure of Confidential Information, and shall
cooperate with the City's legal counsel in responding to any such
order or subpoena. Consultant may only disclose such Confidential
Information after legal counsel has exhausted any lawful and timely
Jappeal 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,.the
City would have no adequate remedy at law.
VII. INDEMNITY AND INSURANCE.
1. Indemnification of City. 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, judgments, and all costs of defense to the
extent arising, directly or indirectly, in whole and in part, out
of the negligent services or willful misconduct performed 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,
Consultant shall provide the City with proof of insurance providing
and maintaining the coverage and endorsements set forth in the
Insurance Schedule attached hereto as Exhibit "B". Said proof of
insurance shall also provide that said policy or policies shall not
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The cancelled or reduced in liability limits without giving at least
thirty (30) days prior written notice to the City.
VIII. GENERAL PROVISIONS
1. Independent Contractor. At all times during
the term of this Agreement, Consultant shall be an independent.
contractor and shall not be an employee of the City. The City
shall have the right to control Consultant only insofar as the
results of Consultant's services rendered pursuant to this
Agreement; however, the City shall not have the right to control
the means by which Consultant accomplishes services rendered
pursuant to the Agreement except to the extent that such services
involve the use of the City's property or Confidential Information.
2. Consultant Not Agent. Except as the City may
specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity whatsoever as
an agent. Consultant shall have no authority, expressed or
implied, pursuant to this Agreement to bind the City to any
obligation whatsoever.
3. Products of Consulting.
a. All products of consulting services with
the exception of computer software that may be developed by
Consultant, shall become the property of the City and the original
copies shall be delivered to the City before the end of the
performance of this Agreement. Copies of all vicinity maps, field
summary reports, field memoranda, field and laboratory test
results, and final reports shall be made available to the City.
Computer software shall remain the property of Consultant, except
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for the City's continued right to use said software at no extra
Icost.
b. All samples shall remain the property of
the City, and the City shall promptly at its cost remove and
lawfully dispose of samples, cuttings and hazardous materials,
unless otherwise agreed in writing. If appropriate, Consultant
shall preserve samples obtained for the project for not longer than
sixty (60) days after the issuance of any document that includes
the data obtained from those samples.
4. Assignment and Subcontracting Prohibited.
Consultant may not assign or subcontract any right or obligation
pursuant to this Agreement except with the express written consent
of the City. Any other attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and of
no effect.
5. Termination. This Agreement may be terminated
by the City without cause on fifteen (15) days written notice to
Consultant. 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 fifteen -day notice period and authorized in
the termination notice.
6. Notices. Notices to the parties, unless
otherwise requested, in writing shall be sent to the addresses
listed on the first page of this Agreement.
7. Recitals. All recitals are incorporated by
reference.
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8. Entire Agreement. This Agreement constitutes
the complete and final expression of the agreement of the parties
and is intended as a complete and exclusive statement of the terms
of their agreements and supersedes all prior and contemporaneous
offers, promises, representations, negotiations, discussions,
communications and agreements which may have been made in
connections with the subject matter hereof. All exhibits are
incorporated by reference. Consultant represents that in entering
into this Agreement, it has not relied on any previous
representations or understandings of any kind or nature.
9. Governing Law. The validity, interpretation
and performance of this Agreement shall be controlled and construed
under the laws of the State of California as enacted and in force
at the time this Agreement if fully executed.
10. Benefit of Agreement. This Agreement shall
bind and benefit the parties hereto and their heirs, sucessors, and
permitted assigns.
11. Waiver. Any waiver at any time by either party
of its rights with respect to a default under this Agreement, or
with respect to any other matters arising in connection with this
Agreement, shall not be deemed a waiver with respect to subsequent
default or other matter.
12. Amendment. All changes or modifications to
this Agreement shall be in writing stating that it is an amendment
to this Agreement and shall be signed by both parties or their duly
authorized agents. This Agreement shall not be modified through
course of dealing, usage or trade.
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IN WITNESS WHEREOF, the City and Consultant have executed
this Agreement as of the date first hereinabove set forth.
ATTEST:
By:
I BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
I EDUARDO OLIVO, City Attorney
THE CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
TECS ENVI MENTAL COMPLIANCE
SER I
Name
Ti e:
B
Name:
Title.
EXHIBIT A
C�TECS Environmental' Compliance Services
106 South Mentor Avenue - 125 • Pasadena, CA 91 106• Tel: (626) 396-9424
March 05, 2001
Mr. Samuel Kevin Wilson
Director of Public Works
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Subject: Proposal to Provide NPDES Compliance Services
Dear Mr. Wilson:
TECS Environmental is pleased to provide municipal NPDES compliance
services to the City of Vernon. TECS proposes to complete the tasks
described on the attached scope of work for a not -to -exceed cost of $22,000.
If you have any questions, please call me.
Sincerely,
Ray Tahir
TECS Environmental Compliance Services
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I. Program Management
TECS shall handle all program management tasks as prescribed in the municipal
NPDES permit, unless specified otherwise by the City of Vernon.
■ Related Tasks
1. Attend monthly Executive Advisory Committee (EAC) meetings and Los
Angeles River Watershed meetings.
2. Meet with city periodically to discuss permit/program-related matters.
3. Evaluate city conformance with legal authority requirements and identify
areas that may require revision (in consultation with the City Attorney, if
need be).
4. Evaluate city conformance with municipal NPDES program requirements
based on information and data provided by City staff.
5. Provide city staff with various documents and other written information.
6. Assist city in establishing NPDES coordinating committees to facilitate
communication of NPDES-related information to affected departments.
7. Prepare annual reports for submittal to the principal permittee.
8. Liaise with the Coalition for Practical Regulation (CPR) and participate in
activities that promote and protect City interests relative to municipal
NPDES permit requirements.
9. Prepare correspondence on behalf of the City in response to regional board
issues (e.g., Notice to Meet and Confer, TMDLs, SUSMP implementation,
etc).
II. Development Planning Program
t ,, shall, prepare a development planning program plan to enable the city to
achieve compliance with the development planning program requirements called
for under the current permit.
Pagel of 5
NPDES Proposal
March 5, 2001
(�� TECS Environmental Compliance Services
■ Related Tasks
1. Evaluate current city requirements in re: new "subject" developments and to
what extent such projects are subject to discretionary review.
2. Prepare written guidelines and other materials in re: program implementation
for affected city staff to facilitate compliance.
3. Provide training to impacted staff on specific requirements associated with
development planning requirements (including Standard Urban Storm Water
Mitigation Plans).
4. Provide City with "at -the -counter" developer information materials regarding
definitions of priority/exempt projects and explain SUSMP requirements.
5. Update, if necessary, added development planning requirements that may be
associated with the next municipal NPDES permit.
III. Development Construction
TECS understands that the City of Vernon has been implementing construction
development program requirements since 1999. Therefore, the tasks that it
proposes shall be limited to the following:
■ Related -tasks
1. Provide updated counter materials regarding development construction
requirements as they relate to priority and non -priority construction projects.
2. Provide, if necessary, training to impacted staff on specific requirements
associated with the development construction program.
3. Update, if necessary, any materials reflecting revised construction
requirements that may be associated under the next municipal NPDES
permit, which is scheduled for re -issuance in July of 2001.
IV. Illicit Connection/Discharge Detection and Elimination Program
f F._ :5 aware that the City of Vernon has implemented an illicit connection/discharge
program since 1999. The tasks proposed herein are limited to the following and on
an optional basis:
■ Related -tasks
Page 2 of 5
NPDES Proposal
March 5, 2001
TECS Environmental Compliance Services
1. Train, if necessary, staff in continuing implementation of the illicit
connection and discharge program.
2. Provide training to impacted staff on requirements associated with the
current program (how to identify actual and potential illicit discharges and
connections) and how to record reports from the public and field crews.
3. Provide, if necessary, public education materials containing information
about illicit connections and discharges and how they can pollute receiving
waters.
V. Public Agency Program
TECS shall prepare a public agency program plan that meets the minimum
requirements associated with the current permit.
■ Related -tasks
1. Prepare written guidelines for program implementation for affected city staff.
2. Provide specific training to impacted staff on requirements associated with
storm drain/sewer maintenance, public construction, landscape
maintenance, vehicle/facilities management, street/road maintenance,
parking facilities management, and emergency procedures.
3. Prepare SWPPP for City's corporate yard.
VI. Public Education
TECS proposes a minimalist public education program for the city's. If should be
noted that the principal permittee has already developed outreach programs for a
number of targeted audiences (as part of its settlement agreement). These
programs have also been developed for city's that contract with the County of Los
Angeles and for unincorporated parts of the County.
■ Related -tasks
1. Review existing public education program and materials (brochures for
businesses, and subject commercial/industrial facilities, etc,) and update if
necessary.
2. Obtain posters and other materials for posting inside City Hall and other
facilities.
Page 3 of 5
NPDES Proposal
March 5, 2001
TECS Environmental Compliance Services
3. Prepare newsletter and newspaper article (a general piece for businesses).
4. Perform outreach to businesses through Chamber of Commerce or other
organizations.
Vil.Industrial/Commercial Site Visit Program
TECS proposes meet all of the industrial/commercial site visit program
requirements called for in the permit. In addition, the site visits shall be used to
evaluate each subject industrial and commercial facility for potential/actual illicit
discharges and connections.
■ Related -tasks
1. Review databases listing subject industrial facilities and identify facilities
that do not have General Industrial Activity Storm Water Permits
(GIASWPs).
2. Maintain "site visit" database in accordance with industrial/commercial site
visit requirements necessary for cost reimbursement by the principal
permittee.
3. Conduct site visits - if necessary — to: (a) inform non-GIASWP-compliant
industrial facilities of the need to obtain GIASWPs; (b) determine if "other
manufacturing" industrial facilities require GIASWPs; (c) evaluate facility for
actual/potential illicit connections/discharges; and (d) issue appropriate
public education materials explaining GIASWP requirements and the City's
runoff pollution prevention ordinance.
4. Prepare reimbursement application for submittal to the Principal Permittee.
Vill. Advocacy/Permit Negotiations
The next municipal NPDES permit, which is scheduled for re -issuance in July of
2001, together with the zero trash TMDL for the Los Angeles River Watershed (in
which the City is situated), may result in unexpected requirements. These included
but are not limited to the following:
■ New Permit Requirements
1. Challenging unreasonable requirements associated with the next municipal
NPDES permit (e.g, enforcing the General Construction Activity and
Page 4 of 5
NPDES Proposal
March 5, 2001
TECS Environmental Compliance Services
General Industrial Activity Storm Water Permits for the regional board,
requiring certain industrial and commercial facilities install infiltration and
treatment controls similar to SUSMP requirements).
■ Trash and Other TMDLs
1 Negotiating and challenging unreasonable TMDLs for trash and other
pollutants (pathogens, heavy metals, nutrients, etc.).
2. Working with the City Attorney, CPR, the press, and other cities to defend
city interests against unreasonable TMDL requirements.
TOTAL PROGRAM COST FOR ONE PERMIT YEAR
Task Group
With Options
I. Program Management
$
5,000.00
II. Development Planning
$
5,000.00
III. Development Construction
$
1,000.00
IV. Illicit Connection/Discharge
$
1,000.00
V. Public Agency
$
5,000.00
VI. Illicit Connection/Discharge
$
1,000.00
VII. Industrial/Commercial Site Program
$
2,000.00
VIII. Advocacy,
$
2,000.00
Total
$22,000.00
"Does not include the cost of reimbursement at the rate of $50.00 per industrial and automotive -related facility
and $34.00 for restaurants. A more accurate estimate of this reimbursable cost will be provided once the
City's industrial/commercial data base has been obtained from the County of Los Angeles.
Page 5 of 5
NPDES Proposal
March 5, 2001
TECS Environmental Compliance Services
I. Scope
I. Program Management
TECS shall handle all program management tasks as prescribed in the municipal
NPDES permit, unless specified otherwise by the City of Vernon.
■ Related Tasks
1. Attend monthly Executive Advisory Committee (EAC) meetings and Los
Angeles River Watershed meetings.
2. Meet with city periodically to discuss permit/program-related matters.
3. Evaluate city conformance with legal authority requirements and identify
areas that may require revision (in consultation with the City Attorney, if
need be).
4. Evaluate city conformance with municipal NPDES program requirements
based on information and data provided by City staff.
5. Provide city staff with various documents and other written information.
6. Assist city in establishing NPDES coordinating committees to facilitate
communication of NPDES-related information to affected departments.
7. Prepare annual reports for submittal to the principal permittee.
8. Liaise with the Coalition for Practical Regulation (CPR) and participate in
activities that promote and protect City interests relative to municipal
NPDES permit requirements.
9. Prepare correspondence on behalf of the City in response to regional board
issues (e.g., Notice to Meet and Confer, TMDLs, SUSMP implementation,
etc).
II. Development Planning Program
TECS shall prepare a development planning program plan to enable the city to
achieve compliance with the development planning program requirements called
for under the current permit.
Pagel of 5
NPDES Proposal
March 5, 2001
C� TECS Environmental Compliance Services
■ Related Tasks
1. Evaluate current city requirements in re: new "subject" developments and to
what extentsuch projects are subject to discretionary review.
2. Prepare written guidelines and other materials in re: program implementation
for affected city staff to facilitate compliance.
3. Provide training to impacted staff on specific requirements associated with
development planning requirements (including Standard Urban Storm Water
Mitigation Plans).
4. Provide City with "at -the -counter" developer information materials regarding
definitions of priority/exempt projects and explain SUSMP requirements.
5. Update, if necessary, added development planning requirements that may be
associated with the next municipal NPDES permit.
III. Development Construction
TECS understands that the City of Vernon has been implementing construction
development program requirements since 1999. Therefore, the tasks that it
proposes shall be limited to the following:
■ Related -tasks
1. Provide updated counter materials regarding development construction
requirements as they relate to priority and non -priority construction projects.
2. Provide, if necessary, training to impacted staff on specific requirements
associated with the development construction program.
3. Update, if necessary, any materials reflecting revised construction
requirements that may be associated under the next municipal NPDES
permit, which is scheduled for re -issuance in July of 2001.
IV. Illicit Connection/Discharge Detection and Elimination Program
TECS aware that the City of Vernon has implemented an illicit connection/discharge
program since 1999. The tasks proposed herein are limited to the following and on
an optional basis:
■ Related -tasks
Page 2 of 5
NPDES Proposal
March 5, 2001
TECS Environmental Compliance Services
1. Train, if necessary, staff in continuing implementation of the illicit
connection and discharge program.
2. Provide training to impacted staff on requirements associated with the
current program (how to identify actual and potential illicit discharges and
connections) and how to record reports from the public and field crews.
3. Provide, if necessary, public education materials containing information
about illicit connections and discharges and how they can pollute receiving
waters.
V. Public Agency Program
TECS shall prepare a public agency program plan that meets the minimum
requirements associated with the current permit.
■ Related -tasks
1. Prepare written guidelines for program implementation for affected city staff.
2. Provide specific training to impacted staff on requirements associated with
storm drain/sewer maintenance, public construction, landscape
maintenance, vehicle/facilities management, streettroad maintenance,
parking facilities management, and emergency procedures.
3. Prepare SWPPP for City's corporate yard.
VI. Public Education
TECS proposes a minimalist public education program for the city's. It should be
noted that the principal permittee has already developed outreach programs for a
number of targeted audiences (as part of its settlement agreement). These
programs have also been developed for city's that contract with the County of Los
Angeles and for unincorporated parts of the County.
■ Related -tasks
1. Review existing public education program and materials (brochures for
businesses, and subject commercial/industrial facilities, etc,) and update if
necessary.
2. Obtain posters and other materials for posting inside City Hall and other
facilities.
Page 3 of 5
NPDES Proposal
March 5, 2001
TECS' Environmental Compliance Services
-E�
3. Prepare newsletter and newspaper article (a general piece for businesses).
4. Perform outreach to businesses through Chamber of Commerce or other
organizations.
Vll.lndustrial/Commercial Site Visit Program
TECS proposes meet all of the industrial/commercial site visit program
requirements called for in the permit. In addition, the site visits shall be used to
evaluate each subject industrial and commercial facility for potential/actual illicit
discharges and connections.
■ Related -tasks
1. Review databases listing subject industrial facilities and identify facilities
that do not have General Industrial Activity Storm Water Permits
(GIASWPs).
2. Maintain "site visit" database in accordance with industrial/commercial site
visit requirements necessary for cost reimbursement by the principal
permittee.
3. Conduct site visits — if necessary — to: (a) inform non-GIASWP-compliant
industrial facilities of the need to obtain GIASWPs; (b) determine if "other
manufacturing" industrial facilities require GIASWPs; (c) evaluate facility for
actual/potential illicit connections/discharges; and (d) issue appropriate
public education materials explaining GIASWP requirements and the City's
runoff pollution prevention ordinance.
4. Prepare reimbursement application for submittal to the Principal Permittee.
Vill. Advocacy/Permit Negotiations
The next municipal NPDES permit, which is scheduled for re -issuance in July of
2001, together with the zero trash TMDL for the Los Angeles River Watershed (in
which the City is situated), may result in unexpected requirements. These included
but are not limited to the following:
■ New Permit Requirements
1. Challenging unreasonable requirements associated with the next municipal
NPDES permit (e.g, enforcing the General Construction Activity and
Page 4 of 5
NPDES Proposal
March 5, 2001
TECS Environmental Compliance Services
General Industrial Activity Storm Water Permits for the regional board,
requiring certain industrial and commercial facilities install infiltration and
treatment controls similar to SUSMP requirements).
■ Trash and Other TMDLs
1 Negotiating and challenging unreasonable TMDLs for trash and other
pollutants (pathogens, heavy metals, nutrients, etc.).
2. Working with the City Attorney, CPR, the press, and other cities to defend
city interests against unreasonable TMDL requirements.
TOTAL: PROGRAM COST FOR ONE PERMIT YEAR
Task Group
With Options
I. Program Management
$
5,000.00
II. Development Planning
$
5,000.00
111. Development Construction
$
1,000.00
IV. Illicit Connection/Discharge
$
1,000.00
V. Public Agency
$
5,000.00
VI. Illicit Connection/Discharge
$
1,000.00
Al. Industrial/Commercial Site Program
$
2,000.00
All. Advocacy
$
2,000.00
Total
$22,000.00
"Does not include the cost of reimbursement at the rate of $50.00 per industrial and automotive -related facility
and $34.00 for restaurants. A more accurate estimate of this reimbursable cost will be provided once the
City's industrial/commercial data base has been obtained from the County of Los Angeles.
Page 5 of 5
NPDES Proposal
March 5, 2001
EXHIBIT B
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EXHIBIT B
INSURANCE SCHEDULE
TECS Environmental Compliance Services shall provide proof of insurance,
including a standard certificate of insurance, in at least the following
amounts and coverage (combined single limit permitted):
11.
Hazards
Accident
Coveraize and Limits
Bodily Injury Property Damage
Each Person Each Accident Each
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
III. 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 under the policy.
2. An endorsement providing the City of Vernon thirty (30) days
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations under this
Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of general
and professional liability coverage shall be furnished in the form
checked below. Certification of the following proofs by the insurance
agent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or carrier
certifying that the coverage and statements in the standard
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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.
-11-
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 27, 2001
TECS Environmental Compliance Services
106 South Mentor Avenue
Suite 125
Pasadena, CA 91106
Re: Professional Consulting Services Agreement
To Whom It May Concern:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX:(323)826-1481
In accordance with Section VII.2. of said agreement, you are to furnish
the City with proof of insurance as set forth in the Insurance
Schedule, Exhibit "B" of the agreement.
Please submit your proof of insurance to Joan Francone, Risk Manager,
for review and approval. Upon receipt of said documentation this
office will forward to you a fully executed duplicate original
agreement.
If you should have any questions please contact Joan Francone, at ext
322.
Very,.7truly yours
oa os o
iefChiDep Cty Clerk
GJO:ng
cc: Joan Francone
Kevin Wilson
Resolution No. 7820
Agreement File No. 01-058