Resolution No. 8281,4
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RESOLUTION NO. 8281
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 KEVIN SALES,
DBA KJ SERVICES, RELATING TO 2003/2004 GRANT
PROGRAMS
WHEREAS, on March 19, 2003, the City Council of the City of
Vernon adopted Resolution No. 8169 approving an application for
2003/2004 Beverage Container Recycling and Litter Reduction Grant under
the California Beverage Container Recycling and Litter Reduction Act;
and
WHEREAS, on May 7, 2003, the City Council of the City of
Vernon adopted Resolution No. 8196 approving an application for
2003/2004 Used Oil Block Grant under the California Oil Recycling
Enhancement Act; and
WHEREAS, KJ Services has provided services to the City in the
past relating to the implementation and administration of the Used Oil
Block Grant and the Beverage Container Recycling and Litter Reduction
Grant programs in the City in compliance with the State mandated AB 939
law; and
WHEREAS, as a result of KJ Services' past services to the
City, it should be able to in a more efficient and effective manner
provide the services now required by the City; and
WHEREAS, by letter dated September 10, 2003, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that an
agreement with KJ Services be approved and executed for fiscal year
2003-2004; and
WHEREAS, the City Council of the City of Vernon has
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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 a contract with KJ Services for grant
management services to enhance services provided to the Vernon
community.
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 an,
correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement For Professional Consulting Services, a copy of
which is attached hereto as Exhibit "A" and made a part hereof.
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
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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 17th day of September, 2003.
ATTES
BRUCE V. MALKENHORST, City Clerk
�EONIS C. MALB RG, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8281, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 17, 2003, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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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,.2003, in the City of Vernon, County o�f Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
as "City")
4305 Santa Fe Avenue
Vernon, California 90058
KEVIN SALES, dba KJ SERVICES
(hereinafter referred to as
"Consultant")
9020 Hornby Avenue
Whittier, California 90603
RECITALS
WHEREAS, a 2003/2004 Used Oil Block Grant, under the
California Oil Recycling Enhancement Act was authorized.by Resolution
No. 8196 on May 7, 2003; and
WHEREAS, a 2003/2004 Beverage Container Recycling and Litter
Reduction Grant under the California Beverage Container Recycling and
Litter Reduction Act was authorized by Resolution No. 8169 on March 19,
2003; and
WHEREAS, the City desires to retain the services of a
consulting firm to provide expertise in implementing and administering
the Used Oil Block Grant and the Beverage Container Recycling and
Litter Reduction Grant programs in the City in compliance with the
State mandated AB 939 law; and
WHEREAS, Consultant has provided such services to City in
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the past and has specialized knowledge and experience in the management
and implementation of AB 939; and
WHEREAS, Consultant submitted a proposal to the City dated
July 7, 2003 (the "Proposal") which includes a description of proposed
services and a cost proposal; and
WHEREAS, Consultant is willing to render such professional
services as hereinafter defined.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FORTH HEREIN:
1. SCOPE OF SERVICES.
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.
The services to be performed by Consultant for the Used Oil
Block Grant as outlined in the Proposal are as follows: Task 1 -
Trucker Outreach; Task 2 - School Outreach/Year 2004 Used Oil Artwork
Contest and Poster; and Task 3 - Grant Administration and Project
Management.
The services to be performed by Consultant for the Department
of Conservation Recycling Grant as outlined in the Proposal are as
follows: Task 1 - Recycling Promotional Outreach to Vernon Businesses
and Workers; Task 2 - Community Outreach Event; Task 3 - Recycling
Containers for Businesses; and Task 4 - Grant Oversight and
Administration.
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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1 2. TIME OF PERFORMANCE.
2 The term of this Agreement shall begin on July 1, 2003 and
3 shall end on June 30, 2004, unless otherwise terminated or extended.
4 3. COMPENSATION.
5 A. Fee for Services -Used Oil Block Grant. City shall
6 compensate Consultant, for the services performed in connection with
7 the Used Oil Block Grant under this Agreement, a total sum not to
8 exceed Five Thousand Eight Hundred Sixty Dollars and No Cents
9 ($5, 860.00) .
10 B. Fee for Services-DOC Recycling Grant. City shall
11 compensate Consultant, for the services performed in connection with
12 the DOC Recycling Grant under this Agreement, a total sum not to exceed
13 Five Thousand Nine Hundred Seventy Dollars and No Cents ($5,970.00).
14 C. Other Expenses. Other expenses may be billed but
15 only if such other expenses have been given advance approval in writing',
16 by the City Administrator. Such other expenses include, but are not
17 limited to, air fares, hotels, motels, video and subcontract charges.
18 4. METHOD OF PAYMENT.
19 Within thirty (30) days after the last day of any month in
20 which services have been performed or costs incurred hereunder, the
21 Consultant shall submit an invoice to the City stating the amount due
22 to the Consultant. Invoices shall contain an itemization of the tasks
23 and subtasks performed, directly related job expenses, subcontractor
24 charges incurred by the Consultant for which compensation is due, and
25 an estimate of the percentage completed for each milestone, task or
26 subtask. Consultant shall be responsible for paying any subcontractors
27 used in the performance of this Agreement. Subcontractors shall not
28 bill the City directly.
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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.
5. INDEMNITY AND INSURANCE.
A. Indemnification. Consultant shall indemnify,
defend, protect and hold 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 and expenses incurred in connection therewith, including
reasonable attorney's fees and costs of defense arising, directly or
indirectly, in whole or in part, out of 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.
B. Insurance. Prior to commencing.work hereunder,
the Consultant shall provide the City with proof of insurance
providing and maintaining the coverages and endorsements set forth in
the Insurance Schedule attached hereto as Exhibit "B" and made a part
hereof by reference. Said proof of insurance shall also provide that
said policy or policies shall not be canceled or materially reduced in
coverage without giving at least thirty (30) days prior written notice
to the City. If Consultant fails to provide proof of insurance
coverage as specified above, City may, at its sole discretion,
terminate this Agreement immediately.
Consultant shall not permit a subcontractor or vendor
to perform work on City premises unless and until a certificate of
linsurance is obtained showing that such subcontractor or vendor has
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worker's compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
6. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. City may
provide Consultant and/or subcontractors with, or allow Consultant
access to, certain information not available to the public concerning
City, or businesses located in 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" and may not be used to circumvent the responsibility of
either party to this Agreement.
B. No Disclosure. Except as expressly permitted,
Consultant and/or its subcontractors 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 City. Consultant and/or its subcontractors shall
return any written Confidential Information, and all copies made of
such items, to City upon 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 and/or its subcontractors only as authorized by City.
Consultant shall include a contractual provision in its contract with
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Jany subcontractor that binds the subcontractor to these nondisclosure
Irequirements. Consultant shall take reasonable measures to avoid any
(disclosure of any such Confidential Information to any unauthorized
1person.
C. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with legal
counsel in the appeal or challenge of any such order or subpoena.
Consultant may only disclose Confidential Information required to be
disclosed pursuant to court order or subpoena after legal counsel has
exhausted any lawful and timely appeal or challenge.
D. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent jurisdiction
against any breach or threatened breach of the Confidential Information
provisions of this Agreement. Consultant acknowledges that in case of
such breach or threatened breach of said provisions, City would have no
adequate remedy at law.
7. GENERAL PROVISIONS.
A. 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. City shall have the right to
control Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, 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 City property or Confidential Information.
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B. Consultant Not Agent. Except as City may specify in
writing, Consultant shall have no authority, express or implied, to act
on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
C. 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 is fully executed.
D. Products of Consulting. All products of consulting
services with the exception of computer software that may be developed
by Consultant, shall become the property of City and shall be delivered
to City before the end of the performance of this Agreement. However,
computer software shall remain the property of Consultant, except for
City's continued right to use said software at no extra cost.
E. 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.
F. Termination. This Agreement may be terminated by
City without cause on fifteen (15) days written notice to Consultant.
Upon termination of this Agreement, all property belonging to City
which is in the Consultant's possession, shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and
expenses incurred by Consultant, prepared as set forth in Section 4 of
this Agreement. This final invoice shall be reviewed and paid in the
same manner as set forth in Section 4 of this Agreement.
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G. Notices. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
CITY: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CONSULTANT: KEVIN SALES, dba KJ SERVICES
9020 HORNBY AVENUE
WHITTIER, CA 90603
H. 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.
I. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
J. Amendments. 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.
K. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
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in the County of Los Angeles, California.
L. Recitals. All recitals are incorporated by
Ireference.
M. 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.
N. Force Maj_eure. Neither Party shall be considered
in to be in default in any of its obligations under this Agreement
when a failure of performance shall be due to an uncontrollable force.
The term "uncontrollable force" shall mean any cause beyond the
control of the party affected, including, but not restricted to,
flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute, labor material shortage,
sabotage, federal, state, or municipal action, statute, ordinance, or
regulation, embargoes of the United States Government or any other
government, which by exercise of due diligence such party could not
reasonably have been expected to avoid and by exercise of due
diligence has been unable to overcome. Either party rendered unable
to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5)
business days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
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IN WITNESS WHEREOF, the City and the Consultant have executed
this Agreement by and through their authorized officers as of the date
first hereinabove set forth.
(ATTEST:
IBRUCE V. MALKENHORST, City Clerk
(APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
M
CITY OF VERNON
LEONIS C. MALBURG, Mayor
KEVJAr E"ba KJ SERVICES
B
IN SALES
Title: Sole Pronrietor
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EXHIBIT
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1111111M Air
AMF
1=kAr JServices
ENVIRONMENTAL
CONSULTING
RECYCLING PROGRAM DESIGN • PUBLIC EDUCATION & OUTREACH • GRANT WRITING & ADMINISTRATION • AB939 IMPLEMENTATION & COMPLIANCE
July 7, 2003
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 and Department of Conservation Recycling Grant for
the 2003 - 2004 grant year. The following proposal outlines tasks that I believe would be
beneficial to pursue this year.
The proposal that follows integrates the Used Oil and DOC grants into a unified
campaign. The goal is to use the grants to create a gingle environmental message for the
City. While some tasks by their nature will be implemented independently, for example
the very successful Used Oil Calendar Contest, others, such as community outreach, will
be integrated.
Because of the "Exclusively Industrial" nature of Vernon we will need to continue to
focus on local businesses and their employees. In addition we will want to continue to
support Commercial Tire as the City's sole Certified Used Oil Collection Center and
maintain our successful partnership with the Vernon City School.
Through the development of creative programs and the implementation of effective
community and business outreach, the City of Vernon's Used Oil Recycling and
Department of Conservation grants can help the City meets its environmental quality
goals.
Sincerely,
Kevin Sales
KJServices Environmental Consulting
9020 Hornby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 e-mall KJServ0aol.com
Usv-d Gil Block Grant
The City of Vernon will receive $5,300 of Used Oil Block Grant funding for the 2003-
2004 grant year. In addition the City has approximately $560 remaining from their 8`h
Cycle (FY 02/03) grant.
Based on an available budget of $5,860 KJServices proposes the following tasks to be
performed under the Used Oil Block grant:
Task #1— Trucker Outreach - $2,510.00
Under this task KJServices will develop a program to encourage truckers in the City of
Vernon to handle their used motor oil and other hazardous engine fluids safely and
correctly.
Hundreds if not thousands of trucks move through the City of Vernon every day. The
impact of these vehicles can be seen in areas of the City by the improper disposal and
abandonment of used motor oil and other vehicle fluids. Many of these trucks are only in
the City briefly, many times late at night and early in the morning, and because of this
"just passing through" attitude will not hesitate to leave hazardous fluids in parking lots
or streets in the City. The problem seems to be focused primarily among "owner -
operators", small, independent truckers who provide their own vehicle maintenance and
because of tight schedules and operating budgets, are most likely to "cut corners" through
illegal dumping.
Under this task KJServices will develop a short resource guide for truckers that will
provide these operators with local and regional resources for the disposal of used motor
oil and other common vehicle fluids. In addition KJServices will develop a truck -related
promotional item to be distributed to truckers along with the resource guide.
Lastly, KJServices staff will distribute these items at truck stops and truck parking areas
throughout the City. In addition staff will work with the Vernon Chamber of Commerce
to distribute this information to truck fleet operators based in the City.
Cost - 20 hrs @ $70/hr = $1, 400
Resource guide — $610
Promo item - $500
Task #2 — School Outreach / Year 2004 Used Oil Artwork Contest and Poster -
$3,000
KJ Services will once again work with the Vernon School to hold a Used Oil Artwork
Contest and will develop a Year 2004 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 5`h
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 2004 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 project 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 @ $701hr = $1050
Poster / Calendar design and printing (qty 500) - $1, 950
Task #3 - Grant Administration and Project Management - $350 00
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 - 5 hrs @ $701hr = $350
DOC Recychni! Grant
The City of Vernon will receive $5,000 of Department of Conservation Recycling Grant
funding for the 2003-2004 grant year. In addition the City has approximately $967
remaining from their current (FY 02/03) grant.
Based on an available budget of $5,967 KJServices proposes the following tasks to be
performed under the DOC Recycling Grant grant:
Task #1— Recycling Promotional Outreach to Vernon Businesses & Workers -
$3200
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 brochure / promotional item that will be
provided free of charge to businesses in the City. The brochure will include a listing of
Recycling Buy Back Centers in the City and surrounding communities as well as
recycling info and tips. The enclosed promotional item 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 events held as part of the City's
wider environmental campaign.
To the extent possible, the selected item will be manufactured using recycled materials.
Cost —10 hrs @ $70/hr - $700
Recycling brochure /promotional item (1,000 qty) - $2000
Brochure setup and design - $500
Task #2 — Community Outreach Event - $700
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, 4`h 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 —10 hrs @ $70/hr = $700
Task #3 — Recycling Containers for Businesses - $1650
The City of Vernon will develop a 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 this year is to distribute recycling containers to at least 10 businesses in the
City. Each business will be provided with up to 5 recycling containers of approximately a
30-gallon capacity each. Each container will be marked with a decal indicating what
types of materials are accepted and will include the program slogan "The City of 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 —10 hrs @ $70/hr - $700
50 recycling containers ($15 each)- $750
Container decals - $200
Task #4 — Grant Oversight and Administration- $420
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 — 6 hrs @ $70/hr - $420
EXHIBIT
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EXHIBIT B
INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
the following amounts and coverage (combined single limit permitted):
I.
Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1 000 000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1 000 000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,060,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contractual Liability
$1 nnr 000
$2 000 000
$1 000 00G
Professional Liability
$2 nnr 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.
In addition to the standard certificate of insurance, proof of general and professional liability coverage
shall be furnished in the form checked below. Only certification of the following proofs will 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
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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'? C6 day of
September, 2003, in the City of Vernon, County o•f Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
as "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND KEVIN SALES, dba KJ SERVICES
(hereinafter referred to as
"Consultant")
9020 Hornby Avenue
Whittier, California 90603
WHEREAS, a 2003/2004 Used Oil Block Grant, under the
California Oil Recycling Enhancement Act was authorized.by Resolution
No. 8196 on May 7, 2003; and
WHEREAS, a 2003/2004 Beverage Container Recycling and Litter
Reduction Grant under the California Beverage Container Recycling and
Litter Reduction Act was authorized by Resolution No. 8169 on March 19,I',
2003; and
WHEREAS, the City desires to retain the services of a
consulting firm to provide expertise in implementing and administering
the Used Oil Block Grant and the Beverage Container Recycling and
Litter Reduction Grant programs,in the City in compliance with the
State mandated AB 939 law; and
WHEREAS, Consultant has provided such services to City in
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the past and has specialized knowledge and experience in the management
and implementation of AB 939; and
WHEREAS, Consultant submitted a proposal to the City dated
July 7, 2003 (the "Proposal") which includes a description of proposed
services and a cost proposal; and
WHEREAS, Consultant is willing to render such professional
services as hereinafter defined.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1. SCOPE OF SERVICES.
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.
The services to be performed by Consultant for the Used Oil
Block Grant as outlined in the Proposal are as follows: Task 1 -
Trucker Outreach; Task 2 - School Outreach/Year 2004 Used Oil Artwork
Contest and Poster; and Task 3 - Grant Administration and Project
Management.
The services to be performed by Consultant for the Department
of Conservation Recycling Grant as outlined in the Proposal are as
follows: Task 1 - Recycling Promotional Outreach to Vernon Businesses
and Workers; Task 2 Community Outreach Event; Task 3 - Recycling
Containers for Businesses; and Task 4 - Grant Oversight and
Administration.
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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2. TIME OF PERFORMANCE.
The term of this Agreement shall begin on July 1, 2003 and
shall end on June 30, 2004, unless otherwise terminated or extended.
3. COMPENSATION.
A. Fee for Services -Used Oil Block Grant. City shall
compensate Consultant, for the services performed in connection with
the Used Oil Block Grant under this Agreement, a total sum not to
exceed Five Thousand Eight Hundred Sixty Dollars and No Cents
($5, 860.00) .
B. Fee for Services-DOC Recycling Grant. City shall
compensate Consultant, for the services performed in connection with
the DOC Recycling Grant under this Agreement, a total sum not to exceed
Five Thousand Nine Hundred Seventy Dollars and No Cents ($5,970.00).
C.. 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 and subcontract charges.
4. METHOD OF PAYMENT.
Within thirty (30) days after the last day of any month in
which services have been performed or costs incurred hereunder, the
Consultant shall submit an invoice to the City stating the amount due
to the Consultant. Invoices shall contain an itemization of the tasks
and subtasks performed, directly related job expenses, subcontractor
charges incurred by the Consultant for which compensation is due, and
an estimate of the percentage completed for each milestone, task or
subtask. Consultant shall be responsible for paying any subcontractors
used in the performance of this Agreement. Subcontractors shall not
bill the City directly.
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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.
5. INDEMNITY AND INSURANCE.
A. Indemnification. Consultant shall indemnify,
defend, protect and hold 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 and expenses incurred in connection therewith, including
reasonable attorney's fees and costs of defense arising, directly or
indirectly, in whole or in part, out of 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.
B. Insurance. Prior to commencing.work hereunder,
the Consultant shall provide the City with proof of insurance
providing and maintaining the coverages and endorsements set forth in
the Insurance Schedule attached hereto as Exhibit "B" and made a part
hereof by reference. Said proof of insurance shall also provide that
said policy or policies shall not be canceled or materially reduced in
coverage without giving at least thirty (30) days prior written notice
to the City. If Consultant fails to provide proof of insurance
coverage as specified above, City may, at its sole discretion,
terminate this Agreement immediately.
Consultant shall not permit a subcontractor or vendor
to perform work on City premises unless and until a certificate of
insurance is obtained showing that such subcontractor or vendor has
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4:R
worker's compensation coverage. If Consultant employs subcontractors
as part of the services rendered, Consultant's protective coverage is
required. Consultant may include all subcontractors as insureds under
its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
6. CONFIDENTIAL INFORMATION.
A. Access to Confidential Information. City may
provide Consultant and/or subcontractors with, or allow Consultant
access to, certain information not available to the public concerning
City, or businesses located in 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" and may not be used to circumvent the responsibility of
either party to this Agreement.
B. No Disclosure. Except as expressly permitted,
Consultant and/or its subcontractors 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 City. Consultant and/or its subcontractors shall
return any written Confidential Information, and all copies made of
such items, to City upon 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 and/or its subcontractors only as authorized by City.
Consultant shall include a contractual provision in its contract with
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lany subcontractor that binds the subcontractor to these nondisclosure
irequirements. Consultant shall take reasonable measures to avoid any
(disclosure of any such Confidential Information to any unauthorized
11person.
C. Court Ordered Disclosure. Consultant shall
immediately notify the City of any court order or subpoena requiring
disclosure of Confidential Information, and shall cooperate with legal
counsel in the appeal or challenge of any such order or subpoena.
Consultant may only disclose Confidential Information required to be
disclosed pursuant to court order or subpoena after legal counsel has
exhausted any lawful and timely appeal or challenge.
D. Remedies. In addition to any other remedies that
it may have at law or in equity, the City shall be entitled to a
temporary and permanent injunction by a court of competent jurisdiction
against any breach or threatened breach of,the Confidential Information
provisions of this Agreement. Consultant acknowledges that in case of
such breach or threatened breach of said provisions, City would have no
adequate remedy at law.
7. GENERAL PROVISIONS.
A. 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. City shall have the right to
control Consultant only insofar as the results of Consultant's services
rendered pursuant to this Agreement; however, 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 City property or Confidential Information.
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B. Consultant Not Agent. Except as City may specify in
writing, Consultant shall have no authority, express or implied, to act
on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
C. 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 is fully executed.
D. Products of Consulting. All products of consulting
services with the exception of computer software that may be developed
by Consultant, shall become the property of City and shall be delivered
to City before the end of the performance of this Agreement. However,
computer software shall remain the property of Consultant, except for
City's continued right to use said software at no extra cost.
E. 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.
F. Termination. This Agreement may be terminated by
City without cause on fifteen (15) days written notice to Consultant.
Upon termination of this Agreement, all property belonging to City
which is in the Consultant's possession, shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and
expenses incurred by Consultant, prepared as set forth in Section 4 of
this Agreement. This final invoice shall be reviewed and paid in the
same manner as set forth in Section 4 of this Agreement.
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G. Notices. Notices to the parties, unless otherwise
requested in writing, shall be sent to:
CITY: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CONSULTANT: KEVIN SALES, dba KJ SERVICES
9020 HORNBY AVENUE
WHITTIER/ CA 90603
H. 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.
I. Benefit of Agreement. This Agreement shall bind
and benefit the parties hereto and their heirs, successors, and
permitted assigns.
J. Amendments. 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.
K. Forum Selection. Any action brought relating to
this Agreement shall be brought and held exclusively in a State Court
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in the County of Los Angeles, California.
L. Recitals. All recitals are incorporated by
Ilreference.
M. 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.
N. Force Majeure. Neither Party shall be considered
in to be in default in any of its obligations under this Agreement
when a failure of performance shall be due to an uncontrollable force.
The term "uncontrollable force" shall mean any cause beyond the
control of the party affected, including, but not restricted to,
flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil
disturbance or disobedience, labor dispute,- labor material shortage,
sabotage, federal, state, or municipal action, statute, ordinance, or
regulation, embargoes of the United States Government or any other
government, which by exercise of due diligence such party could not
reasonably have been expected to avoid and by exercise of due
diligence has been unable to overcome. Either party rendered unable
to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force, shall give written notice within five (5)
business days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
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IN WITNESS WHEREOF, the City and the Consultant have executed
this Agreement by and through their authorized officers as of the date
first hereinabove set forth.
CITY OF VERNON
By:
ATTEST: EONIS C. MALB RG, Ma or
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
IEDUARDO OLIVO, City At ey
M.
N SALES
KJ SERVICES
Title: Sole Proprietor
V
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AV
er vi ces
ENVIRONMENTAL
CONSULTING
RECYCLING PROGRAM DESIGN • PUBLIC EDUCATION & OUTREACH • GRANT WRITING & ADMINISTRATION • AB939 IMPLEMENTATION & COMPLIANCE
July 7, 2003
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 and Department of Conservation Recycling Grant for
the 2003 - 2004 grant year. The following proposal outlines tasks that I believe would be
beneficial to pursue this year.
The proposal that follows integrates the Used Oil and DOC grants into a unified
campaign. The goal is to use the grants to create a single environmental message for the
City. While some tasks by their nature will be implemented independently, for example
the very successful Used Oil Calendar Contest, others, such as community outreach, will
be integrated.
Because of the "Exclusively Industrial" nature of Vernon we will need to continue to
focus on local businesses and their employees. In addition we will want to continue to
support Commercial Tire as the City's sole Certified Used Oil Collection Center and
maintain our successful partnership with the Vernon City School.
Through the development of creative programs and the implementation of effective
community and business outreach, the City of Vernon's Used Oil Recycling and
Department of Conservation grants can help the City meets its environmental quality
goals.
Sincerely,
Kevin Sales
KJServices Environmental Consulting
9020 Hornby Ave., Whittier, California 90603 ph (562) 693-0242 fax (562) 698-1739 e-mall KJServQaol.com
Scu tail Block Grant
The City of Vernon will receive $5,300 of Used Oil Block Grant funding for the 2003-
2004 grant year. In addition the City has approximately $560 remaining from their 8t'
Cycle (FY 02/03) grant.
Based on an available budget of $5,860 KJServices proposes the following tasks to be
performed under the Used Oil Block grant:
Task #1— Trucker Outreach - $2,510 00
Under this task KJServices will develop a program to encourage truckers in the City of
Vernon to handle their used motor oil and other hazardous engine fluids safely and
correctly.
Hundreds if not thousands of trucks move through the City of Vernon every day. The
impact of these vehicles can be seen in areas of the City by the improper disposal and
abandonment of used motor oil and other vehicle fluids. Many of these trucks are only in
the City briefly, many times late at night and early in the morning, and because of this
"just passing through" attitude will not hesitate to leave hazardous fluids in parking lots
or streets in the City. The problem seems to be focused primarily among "owner -
operators", small, independent truckers who provide their own vehicle maintenance and
because of tight schedules and operating budgets, are most likely to "cut corners" through
illegal dumping.
Under this task KJServices will develop a short resource guide for truckers that will
provide these operators with local and regional resources for the disposal of used motor
oil and other common vehicle fluids. In addition KJServices will develop a truck -related
promotional item to be distributed to truckers along with the resource guide.
Lastly, KJServices staff will distribute these items at truck stops and truck parking areas
throughout the City. In addition staff will work with the Vernon Chamber of Commerce
to distribute this information to truck fleet operators based in the City.
Cost - 20 hrs @ $70/hr = $1, 400
Resource guide — $610
Promo item - $500
Task #2 — School Outreach / Year 2004 Used Oil Artwork Contest and Poster -
$3,000
KJ Services will once again work with the Vernon School to hold a Used Oil Artwork
Contest and will develop a Year 2004 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 5`h
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 2004 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 project 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 @ $70/hr = $1050
Poster / Calendar design and printing (qty 500) - $1, 950
Task #3 - Grant Administration and Proiect Management - $350 00
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 - 5 hrs @ $70/hr = $350
DOC Recycling Grant
The City of Vernon will receive $5,000 of Department of Conservation Recycling Grant
funding for the 2003-2004 grant year. In addition the City has approximately $967
remaining from their current (FY 02/03) grant.
Based on an available budget of $5,967 KJServices proposes the following tasks to be
performed under the DOC Recycling Grant grant:
Task #1— Recycling Promotional Outreach to Vernon Businesses & Workers -
$3200
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 brochure / promotional item that will be
provided free of charge to businesses in the City. The brochure will include a listing of
Recycling Buy Back Centers in the City and surrounding communities as well as
recycling info and tips. The enclosed promotional item 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 events held as part of the City's
wider environmental campaign.
To the extent possible, the selected item will be manufactured using recycled materials.
Cost —10 hrs @ $70/hr - $700
Recycling brochure /promotional item (1, 000 qty) - $2000
Brochure setup and design - $500
Task #2 — Community Outreach Event - $700
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, 4`h 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 —10 hrs @ $70/hr = $700
Task #3 — Recycling Containers for Businesses - $1650
The City of Vernon will develop a 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 this year is to distribute recycling containers to at least 10 businesses in the
City. Each business will be provided with up to 5 recycling containers of approximately a
30-gallon capacity each. Each container will be marked with a decal indicating what
types of materials are accepted and will include the program slogan "The City of 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 —10 hrs @ $701'hr - $700
50 recycling containers ($15 each)- $750
Container decals - $200
Task #4 — Grant Oversight and Administration- $420
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 — 6 hrs @ $70/hr - $420
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EXHIBIT B
INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least
the following amounts and coverage (combined single limit permitted):
I.
Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1 000.000 per employer
II. General and Professional Liability
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contractual 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. Only certification of the following proofs will 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