Resolution No. 8786
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RESOLUTION NO. 8786
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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 2005/2006 GRANT
PROGRAMS
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7 WHEREAS, on June 15, 2005, the City Council of the City of
8 Vernon adopted Resolution No, 8770 approving an application for
9 2005/2006 Beverage Container Recycling and Litter Reduction Grant under
10 the California Beverage Container Recycling and Litter Reduction Act;
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12 WHEREAS, on April 27, 2005, the City Council of the City of
13 Vernon adopted Resolution No. 8723 approving an application for
14 2005/2006 Used Oil Block Grant under the California Oil Recycling
l5 Enhancement Act; and
16 WHEREAS, KJ Services has provided services to the City in the
17 past relating to the implementation and administration of the Used Oil
18 Block Grant and the Beverage Container Recycling and Litter Reduction
19 Grant programs in the City in compliance with the State mandated AB 939
20 law; and
21 WHEREAS, as a result of KJ Services' past services to the
22 City, it should be able to in a more efficient and effective" manner
23 provide the services now required by the City; and
24 WHEREAS, by letter dated June 23, 2005, Bruce V. Malkenhorst,
25 City Administrator/City Clerk, recommended that an agreement with KJ
26 Services be approved and executed for fiscal year 2005-2006; and
27 WHEREAS, the City Council of the City of Vernon has
28 determined that, pursuant to the provisions of subsection (a) of
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1 Section 2,27 of the Vernon City Code, it is in the public interest and
2 necessity to enter into a contract with KJ Services for grant
3 management services to enhance services provided to the Vernon
4 community.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
6 OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
8 finds and determines that the recitals contained hereinabove are true an
9 correct,
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SECTION 2: The City Council of the City of Vernon hereby
11 approves the Agreement For Professional Consulting Services, in
12 substantially the same form as the copy which is attached hereto and
13 incorporated by reference as Exhibit A,
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SECTION 3: The City Council of the City of Vernon hereby
15 authorizes the Mayor and the City Clerk to execute said Agreement for,
16 and on behalf of, the City of Vernon.
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SECTION 4: The City Council of the City of Vernon hereby
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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
2 certify to the passage of this resolution, and thereupon and thereafter
3 the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 29th day of June, 2005.
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.--' . EONIS C. MA BURG, Mayor
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BRUCE V. MALKENHORST,-~~~~-~~€~k--
Acting City Clerk
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1 STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES
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I, BRUCE V, MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8786, 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,
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June 29, 2005, and thereafter was
duly signed by the Mayor of the City
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of Vernon,
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BRUCE V. MALKENHORST,-~4~~-~~€~k-
Acting City Clerk
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EXHIBIT
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AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
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3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used as
5 the original hereof for all purposes, as of this 29th day of June, 2005,
6 in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN
THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
as "City")
4305 Santa Fe Avenue
Vernon, California 90058
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AND
KEVIN SALES, dba KJ SERVICES
(hereinafter referred to as
"Consultant")
9020 Hornby Avenue
Whittier, California 90603
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14 RECITALS
15 WHEREAS, a 2005/2006 Used Oil Block Grant, under the
16 California Oil Recycling Enhancement Act was authorized by Resolution
17 No. 8723 on April 27, 2005; and
18 WHEREAS, a 2005/2006 Beverage Container Recycling and Litter
19 Reduction Grant under the California Beverage Container Recycling and
20 Litter Reduction Act was authorized by Resolution No. 8770 on June 15,
21 2005; and
22 WHEREAS, the City desires to retain the services of a
23 consulting firm to provide expertise in implementing and administering
24 the Used Oil Block Grant and the Beverage Container Recycling and
25 Litter Reduction Grant programs in the City in compliance with the
26 State mandated AB 939 law; and
27 WHEREAS, Consultant has provided such services to City in the
28 past and has specialized knowledge and experience in the management
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1 and implementation of AB 939; and
2 WHEREAS, Consultant submitted a proposal to the City dated
3 May 9, 2005 (the ~Proposal") which includes a description of proposed
4 services and a cost proposal; and
5 WHEREAS, Consultant is willing to render such professional
6 services as hereinafter defined.
7 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
8 FORTH HEREIN:
9 1. SCOPE OF SERVICES.
10 Consultant shall perform all requested services in their
11 entirety as outlined in its Proposal which is attached hereto and
12 incorporated by reference as Exhibit A.
13 The services to be performed by Consultant for the Used Oil
14 Block Grant as outlined in the Proposal are as follows: Task 1 -
15 Community Outreach; Task 2 - School Outreach/Year 2006 Used Oil Artwork
16 Contest and Poster; and Task 3 - Grant Administration and Project
17 Management.
18 The services to be performed by Consultant for the Department
19 of Conservation Recycling Grant as outlined in the Proposal are as
20 follows: Task 1 - Earth Day Recycling Outreach at Vernon City
21 Elementary School; Task 2 - Community Outreach Event; and Task 3 -
22 Grant Oversight and Administration.
23 It is understood and agreed that in the event of a conflict
24 between the Proposal and this Agreement, the terms of this Agreement
25 shall prevail.
26 2. TIME OF PERFORMANCE.
27 The term of this Agreement shall begin on July 1, 2005 and
28 shall end on June 30, 2006, unless otherwise terminated or extended.
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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 Six Thousand Dollars and No Cents ($6,000.00),
B. Fee for Services-DOC Recycling Grant. City shall
compensate Consultant, for the services performed in connection with
the Department of Conservation (~DOC")Recycling Grant under this
Agreement, a total sum not to exceed Six Thousand Dollars and No Cents
($6,000.00).
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.
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.
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1 its own policy or shall furnish separate insurance for each
2 subcontractor, meeting the requirements set forth herein.
3 6. CONFIDENTIAL INFORMATION.
4 A. Access to Confidential Information, City may
5 provide Consultant and/or subcontractors with, or allow Consultant
6 access to, certain information not available to the public concerning
7 City, or businesses located in City. The information may include
8 company information, taxes, sales, value of assets, or other such
9 information. All such information shall be known as "Confidential
10 Information" and may not be used to circumvent the responsibility of
11 either party to this Agreement,
12 B. No Disclosure. Except as expressly permitted,
13 Consultant and/or its subcontractors shall not disclose, permit the
14 disclosure of, release, disseminate, or transfer, whether orally or by
15 any other means, any part of such Confidential Information to any other
16 person or entity, whether corporate, governmental, or individual,
17 without th~ express prior written consent of an authorized
18 representative of City. Consultant and/or its subcontractors shall
19 return any written Confidential Information, and all copies made of
20 such items, to City upon City's written request, but in any event not
21 later than the date that Consultant has performed all services to be
22 performed pursuant to this Agreement. Consultant hereby agrees that
23 such Confidential Information and any documents provided may be used by
24 Consultant and/or its subcontractors only as authorized by City,
25 Consultant shall include a contractual provision in its contract with
26 any subcontractor that binds the subcontractor to these nondisclosure
27 requirements, Consultant shall take reasonable measures to avoid any
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1 shall have no authority, express or implied, pursuant to this Agreement
2 to bind City to any obligation whatsoever.
3 C, Governing Law. The validity, interpretation and
4 performance of this Agreement shall be controlled and construed under
5 the laws of the State of California as enacted and in force at the time
6 this Agreement is fully executed.
7 D. Products of Consulting. All products of consulting
8 services with the exception of computer software that may be developed
9 by Consultant, shall become the property of City and shall be delivered
10 to City before the end of the performance of this Agreement. However,
11 computer software shall remain the property of Consultant, except for
12 City's continued right to use said software at no extra cost.
13 E. Assignment Prohibited. No party to this Agreement
14 may assign any right or obligation pursuant to this Agreement except
15 with the express written consent of the other party. Any other
16 attempted or purported assignment of any right or obligation pursuant
17 to this Agreement shall be void and of no effect.
18 F. Termination. This Agreement may be terminated by
19 City without cause on fifteen (15) days written notice to Consultant.
20 Upon termination of this Agreement, all property belonging to City
21 which is in the Consultant's possession, shall be returned to City.
22 Consultant shall furnish to City a final invoice for work performed and
23 expenses incurred by Consultant, prepared as set forth in Section 4 of
24 this Agreement. This final invoice shall be reviewed and paid in the
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same manner as set forth in Section 4 of this Agreement.
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G. Notices. Notices to the parties, unless otherwise
2 requested in writing, shall be sent to:
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THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CITY:
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CONSULTANT;
KEVIN SALES, dba KJ SERVICES
9020 HORNBY AVENUE
WHITTIER, CA 90603
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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,
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promises, representations, negotiations, discussions, communications
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and agreements which may have been made in connections with the subject
matter hereof.
All exhibits are incorporated by reference.
Consultant
17 represents that in entering into this Agreement, it has not relied on
18 any previous representations or understandings of any kind or nature.
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Benefit of Agreement, This Agreement shall bind
20 and benefit the parties hereto and their heirs, successors, and
21 permitted assigns.
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Amendments, All changes or modifications to this
23 Agreement shall be in writing stating that it is an amendment to this
24 Agreement and shall be signed by both parties or their duly authorized
25 agents. This Agreement shall not be modified through course of
26 dealing, usage or trade.
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Forum Selection, Any action brought relating to
28 this Agreement shall be brought and held exclusively in a State Court
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1 in the County of Los Angeles, California.
2 L. Recitals. All recitals are incorporated by
3 reference.
4 M, Waiver. Any waiver at any time by either party of
5 its rights with respect to a default under this Agreement, or with
6 respect to any other matters arising in connection wLth this
7 Agreement, shall not be deemed a waiver with respect to subsequent
8 default or other matter,
9 N, Force Majeure. Neither Party shall be c6nsidered
10 In to be in default in any of its obligations under this Agreement
11 when a failure of performance shall be due to an uncontrollable force.
12 The term "uncontrollable force" shall mean any cause beyond the
13 control of the party affected, including, but not restricted to,
14 flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil
15 disturbance or disobedience, labor dispute, labor material shortage,
l6 sabotage, federal, state, or municipal action, statute, ordinance, or
17 regulation, embargoes of the United States Government or any other
18 government, which by exercise of due diligence such party could not
19 reasonably have been expected to avoid and by exercise of due
20 diligence has been unable to overcome. Either party rendered unable
21 to fulfill any of its obligations under this Agreement by reason of an
22 uncontrollable force, shall give written notice within five (5)
23 business days of such fact to the other party and shall exercise due
24 diligence to remove such inability with all reasonable dispatch.
25 O. Arbitration. The parties agree that any and all
26 disputes arising out of or in relation to this Contract, including
27 without limitation any action in tort, shall be resolved exclusively,
28 finally and conclusively by arbitration in Los Angeles County,
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1 California under the auspices of and pursuant to the rules of the
2 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will
3 select an arbitrator. Those two arbitrators will then select a third.
4 The three-member panel will make the final decision. All decisions of
5 the arbitrators shall be in writing, and the arbitrators shall provide
6 written reasons for their decision. The arbitration decision shall b~
7 final and binding on the parties. Notwithstanding the foregoing, the
8 parties shall be permitted to access the court system to enforce any
9 arbitration award or to obtain injunctive relief, The exclusive
10 jurisdiction and venue for any such action shall be the Superior Court
11 of California, Los Angeles County, Any and all contracts between
12 Consultant and any subcontractor relating to this Agreement shall
13 include the same arbitration clause.
14 IN WITNESS WHEREOF, the City and the Consultant have executed
15 this Agreement by and through their authorized officers as of the date
16 first hereinabove set forth.
17 CITY OF VERNON
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By:
LEONIS C. MALBURG, Mayor
ATTEST:
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22 BRUCE V, MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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ERIC T. FRESCH, City Attorney
KEVIN SALES, dba KJ SERVICES
By:
KEVIN SALES
Sole Proprietor
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Title:
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EXHIBIT
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May 9, 2005
~.LevnsJ.Pozzebon
DirectorlHealth Officer
Health and Environmental Control
City of V emon
4305 Santa Fe Ave.
Vernon, CA 90058'
Lew,
Thank you for allowing KJServices (KJS) to continue to manage and implement the City
of Vemon' s Used Oil Block Grant and Department of Conservation recycling grant for
the 2005 - 2006 grant year. The following proposal outlines tasks that I believe would be
benefiCial to pursue this year.
The proposal that follows focuses on continuing the City's very successful Used Oil
Calendar Contest, and to continue to support Commercial Tire as the City's sole Certified
Used Oil Collection Center and maintain our successful partnership vnth the Vernon City
School.
Under the Department of Conservation recycling grant we are proposing te1'lming with the
,Vernon City School again to organize an Earth Day Recycling Challenge, a recycling
competition between grade levels,
All of us at KJServices look forward to continuing our relationship with the City of
Vernon in the upcoming fisca1year,
Sincerely,
Kevin Sales
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Used Oil Block Grant
The City of V enton will receive $5~OOO of Used Oil Block Grant funding for the 2005-
2006 grant year.
Based on this available budget, KJServices proposes the following tasks to be performed
under the Used Oil Block grant:
Task #1 - Community Outreaeh - SI.02S
Experience has shown that one of the most effective ways to communicate the used oil
recycling message is through face-to-face contact with the community.
KJServices staff will look for opportunities in the City ofV.ernon and the surrounding
areas to provide support to the City's Used Oil Recycling program through public
education and promotional activities at major community events,
At each of these events, KJServices staffwill distribute Used Oil Recycling educational
materials including a list of Certified Collection Centers in the City and surrounding
communities. In addition, the Used Oil Recycling booth at these events will distribute
used oil recycling kits and promotional items, Staff will also be on hand to answer any
questions from community members.
KJServices staff will select an automotive related promotional item to be distributed at
these events, Possible items include shop towels., oil dipstick wipers~ fender covers, oil
funnels, and the like. The City before its purchase win approve the selected item, and its
used oil-recycling message. Any item chosen will meet all State requirements for
recycled content and will be approved by the City's grant manager prior to purchase.
Cost - 5 hrs @ $75/hr == $375
Promotional materials - $650
Task #2 - School Outreaeh ( Year 2005 Used Oil Artwork Contest & Poster - $3.225
10 Services will once again work with the Vernon School to hold a Used Oil Artwork
Contest and will develop a Year 2005 Used Oil Calendar I Poster using Vernon School
student artwork.
KJS staff will go out to the school and give used oil recycling presentations to the Sth
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 2005 Used Oil Calendar I Poster. The winning students will
be recognized at a City of V ernon City Council meeting. At the Council meeting each
winner will also receive awards and prizes fot their participation,
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KJ Services staff will contact Vemon 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 cotnplunity,
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@$75/hr = $1,125
Poster / Calendar design and printing (qty 500) - $2,100
Task #3 .. Grant Administration and Proiect Mana2:ement .. $750
This task will include those activities needed to administer the grant on behalf of the City.
Activities will include preparation of bills and expenditure itemization reports to the
State, preparing the necessary Progress Reports and Final Report, and assisting the
Certified Center (Commercial Tire) with any program compliance or reporting questions.
Regularly scheduled update meetings will also be held with you or your designated staff
person to keep. them apprised of the progress of the grant tasks.
Cost - 10 hrs @ $75/hr = $750
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DOC Recvcnn~ Grant
The City of Vernon will receive $5,000 of Department of Conservation , Recycling Grant
funding for the 2005-2006 grant year.
Based on an available budget of $5,000 KJServices proposes the following tasks to be
performed under the DOC Recycling Grant grant:
Task #1 - Earth Dav Recvclin2 Outreach at Vemon City EJementarv School -
$3.100
The City of Vernon will invite the Vernon City Elementary School to participate in the
2006 Earth Day Recycling Challenge, This six-week program is designed to encourage
recycling in the City of Vernon and among students at the Vernon City Elementary
School. Each grade level will compete against each other to see which can collect the
most recyclable aluminum cans and plastic bottles. The school will receive a check for
the proceeds of all their collected recyclables plus a new school bench made from
recycled plastic soda bottles! In addition the winning grade level will receive an ice
cream party for all their students.
The City's Earth Day Recycling Challenge is designed to make participation easy and
convenient for the school and all the participating students. The program details are as
follows:
. The Recycling Challenge runs for the six weeks leading up to Earth Day (late
April 2006).
. Recyclables will be ,collected on one dayaweek. On that day students will be
asked to bring their recyclable aluminum cans and plastic bottles with them to
school in the morning.
. The City will provide staff at the school on morning of the established recycling
day. This staff will collect the recyclables from the students on that morning.
This staff will bring recycling containers, an Earth Day Recycling Competition
banner and all necessary supplies with them. No school staff will be needed to
assist with the collection of the re4:)'clables brought in by the students.
. The City will provide eaCh classroom teacher with flyers for their students listing
the dates of the program and the types of recyclables that are acceptable for the
Recycling Competition,
. Program staff will take all recyclables collected at the school to a local recycling
center and redeem them for cash. A running total of the weights collected and the
amount of money raised will be kept for each participating grade level.
. The grade level that collects the most recyclables(by weight) after the 6-week
collection period will be declared the winner. The Vernon City School will
receive all the proceeds from the sale of the recyclables, The school will be
presented with a check from the City at a City Council Meeting to be held after
Earth Day on a date to be determined,
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· The City of V ernon will also reward the Veroon City School by presenting the
campus with a new bench or lunch table manufactured out of recycled plastic soda
bottles.
The City's Earth Day Recycling Challenge is a great opportunity for all Veroon City
School students to celebrate Earth Day by recycling while at the same time raising money
for you're the school and earning an ice cream party for their grade level.
Cost - 30hrs ~ $75/hr - $2,250
Supplies (bags, gloves, etc.) - $200
Recycled plastic bench or lunch table - $500
Ice cream reward party (100 students) - $150
Task #2 - Community Outreach Event.. 5420
KJServices staff will participate at community events in the neighboring communities to
promote the importance of beverage container recycling. These outreach activities will be
coordinated with one or more of the surrounding communities,
The program will target participation at a wide variety of community events such as Earth
Day celebrations, Cinco de Mayo Festivals, 4th of July community picnics, and other
citywide events and celebrations.
At these events staff will distribute City of Veroon recycling information, lists of
neighborhood recycling centers, and program promotional materials.
Cost-JO hrs@$75/hr == $750
Promotional items ,(bottle openers, can lids, etc.) - $775
Task #3 - Grant Oveniaht and Administration- $375
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 - 5 hrs @ $70/hr - $375
EXHIBIT
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EXHIBIT B
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INSURANCE SCHEDULE (CONSULTANT)
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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):
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Coverage and Limits
Bodily Injury Property Damage
Each Person Each Accident Each Accident
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Hazards
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Automobile Liability
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
Workers' Compensation
Employers' Liability
$ 500,000
$ 500,000
$ 500.000
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$ Statutory
$1.000,000 per employer
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II. General and Professional Liability
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General Liability
Premises Operations
Elevators (if applicable)
Independent Contractors
Products - Completed Operations
Contractual Liability
Professional Liability
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1.000.000
$2.000,000
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$1,000,000
$1,000,000
$1.000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2.000.000
$ 500,000
$ 500,000
$ 500,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000.000
$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:
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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,
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EXHIBIT E
. SUPPORTING
DOCUMENTS
1
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
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3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used as
5 the original hereof for all purposes, as of this ~1hday of ~
6 2005, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN
THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
as "City")
4305 Santa Fe Avenue
Vernon, California 90058
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AND
KEVIN SALES, dba KJ SERVICES
(hereinafter referred to as
"Consultant")
9020 Hornby Avenue
Whittier, California 90603
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12
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14 RECITALS
15 WHEREAS, a 2005/2006 Used Oil Block Grant, under the
16 California Oil Recycling Enhancement Act was authorized by Resolution
17 No. 8723 on April 27, 2005; and
18 WHEREAS, a 2005/2006 Beverage Container Recycling and Litter
19 Reduction Grant under the California Beverage Container Recycling and
20 Litter Reduction Act was authorized by Resolution No. 8770 on June 15,
21 2005; and
22 WHEREAS, the City desires to retain the services of a
23 consulting firm to provide expertise in implementing and administering
24 the Used Oil Block Grant and the Beverage Container Recycling and
25 Litter Reduction Grant programs in the City in compliance with the
26 State mandated AB 939 law; and
27 WHEREAS, Consultant has provided such services to City in the
28 past and has specialized knowledge and experience in the management
1 and implementation of AB 939; and
2 WHEREAS, Consultant submitted a proposal to the City dated
3 May 9, 2005 (the ~Proposal") which includes a description of proposed
4 services and a cost proposal; and
5 WHEREAS, Consultant is willing to render such professional
6 services as hereinafter defined.
7 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
8 FORTH HEREIN:
9
1.
SCOPE OF SERVICES.
lO Consultant shall p~rform all requested services in their
11 entirety as outlined in its Proposal which is attached hereto and
12 incorporated by reference as Exhibit A.
l3 The services to be performed by Consultant for the Used Oil
'-
14 Block Grant as outlined in the Proposal are as follows: Task 1 -
l5 Community Outreach; Task 2 - School Outreach/Year 2006 Used Oil Artwork
16 Contest and Poster; and Task 3 - Grant Administration and Project
17 Management.
18 The services to be performed by Consultant for the Department
19 of Conservation Recycling Grant as outlined in the Proposal are as
20 follows: Task 1 - Earth Day Recycling Outreach at Vernon City
21 Elementary School; Task 2 - Community Outreach Event; and Task 3 -
22 Grant Oversight and Administration.
23 It is understood and agreed that in the event of a conflict
24 between the Proposal and this Agreement, the terms of this Agreement
25 shall prevail.
26
2.
TIME OF PERFORMANCE..
27 The term of this Agreement shall begin on July 1, 2005 and
28 shall end on June 30, 2006, unless otherwise terminated or extended.
- 2 -
1 3. COMPENSATION.
2 A. Fee for Services-Used Oil Block Grant. City shall
3 compensate Consultant, for the services performed in connection with
4 the Used Oil Block Grant under this Agreement, a total sum not to
5 exceed Six Thousand Dollars and No Cents ($6,000.00).
6 B. Fee for Services-DOC Recycling Grant, City shall
7 compensate Consultant, for the services performed in connection with
8 the Department of Conservation (~DOC") Recycling Grant under this
9 Agreement, a total sum not to exceed Six Thousand Dollars and No Cents
10 ($6,000.00).
II C. Other Expenses. Other expenses may be billed but
12 only if such other expenses have been given advance approval in writing
13 by the City Administrator. Such other expenses include, but are not
14 limited to, air fares, hotels, motels, video and subcontract charges.
15 4. METHOD OF PAYMENT.
16 Within thirty (30) days after the last day of any month in
17 which services have been performed or costs incurred hereunder, the
18 Consultant shall submit an invoice to the City stating the amount due
19 to the Consultant. Invoices shall contain an itemization of the tasks
20 and subtasks performed, directly related job expenses, subcontractor
21 charges incurred by the Consultant for which compensation is due, and
22 an estimate of the percentage completed for each milestone, task or
23 subtask. Consultant shall be responsible for paying any subcontractors
24 used in the performance of this Agreement. Subcontractors shall not
25 bill the City directly.
26 Payment of the invoice shall be made after acceptance and
27 approval by the City within thirty (30) days of receipt. The City's
28 approval of the invoice shall not be unreasonably withheld.
- 3 -
1 5. INDEMNITY AND INSURANCE.
2 A. Indemnification. Consultant shall indemnify,
3 defend, protect and hold City and its officers, agents and employees,
4 free and harmless from and against any and all claims, demands, losses,
5 damages, liabilities, fines, charges, penalties, orders, judgments and
6 all costs and expenses incurred in connection therewith, including
7 reasonable attorney's fees and costs of defense arising, directly or
8 indirectly, in whole or in part, out of the negligent or wrongful acts
9 of Consultant or its subcontractors, employees or agents in the
10 performance of services under this Agreement, except to the extent
II arising from or caused by the sole active negligence or willful
12 misconduct of the City, its officers, agents or employees.
13 B. Insurance. Prior to commencing work hereunder,
14 the Consultant shall provide the City with proof of insurance
15 providing and maintaining the coverages and endorsements set forth in
16 the Insurance Schedule attached hereto as Exhibit ~B" and made a part
17 hereof by reference. Said proof of insurance shall also provide that
18 said policy or policies shall not be canceled or materially reduced in
19 coverage without giving at least thirty (30) days prior written notice
20 to the City. If Consultant fails to provide proof of insurance
2l coverage as specified above, City may, at its sole discretion,
22 terminate this Agreement immediately.
23 Consultant shall not permit a subcontractor or vendor
24 to perform work on City premises unless and until a certificate of
25 insurance is obtained showing that such subcontractor or vendor has
26 worker's compensation coverage. If Consultant employs subcontractors
27 as part of the services rendered, Consultant's protective coverage is
28 required. Consultant may include all subcontractors as insureds under
- 4 -
1 its own policy or shall furnish separate insurance for each
2 subcontractor, meeting the requirements set forth herein.
3 6. CONFIDENTIAL INFORMATION.
4 A. Access to Confidential Information. City may
5 provide Consultant and/or subcontractors with, or allow Consultant
6 access to, certain information not available to the public concerning
7 City, or businesses located in City. The information may include
8 company information, taxes, sales, value of assets, or other such
9 information. All such information shall be known as "Confidential
10 Information" and may not be used to circumvent the responsibility of
11 either party to this Agreement.
12 B. No Disclosure. Except as expressly perm~tted,
13 Consultant and/or its subcontractors shall not disclose, permit the
l4 disclosure of, release, disseminate, or transfer, whether orally or by
15 any other means, any part of such Confidential Information to any other
16 person or entity, whether corporate, governmental, or individual,
17 without the express prior written consent of an authorized
18 representative of City. Consultant and/or its subcontractors shall
19 return any written Confidential Information, and all copies made of
20 such items, to City upon City's written request, but in any event not
21 later than the date that Consultant has performed all services to be
22 performed pursuant to this Agreement. Consultant hereby agrees that
23 such Confidential Information and any documents provided may be used by
24 Consultant and/or its subcontractors only as authorized by City.
25 Consultant shall include a contractual provision in its contract with
26 any subcontractor that binds the subcontractor to these nondisclosure
27 requirements. Consultant shall take reasonable measures to avoid any
28
- 5 -
1 disclosure of any such Confidential Information to any unauthorized
2 person.
3 C. Court Ordered Disclosure. Consultant shall
4 immediately notify the City of any court order or subpoena requiring
5 disclosure of Confidential Information, and shall cooperate with legal
6 counsel in the appeal or challenge of any such order or subpoena.
7 Consultant may only disclose Confidential Information required to be
8 disclosed pursuant to court order or subpoena after legal counsel has
9 exhausted any lawful and timely appeal or challenge.
10 D. Remedies. In addition to any other remedies that
11 it may have at law or in equity, the City shall be entitled to a
12 temporary and permanent injunction by a court of competent jurisdiction
13 against any breach or threatened breach of the Confidential Information
14 provisions of this Agreement. Consultant acknowledges that in case of
15 such breach or threatened breach of said provisions, City would have no
16 adequate remedy at law.
17 7. GENERAL PROVISIONS.
18 A. Independent Contractor. At all times during the
19 term of this Agreement, Consultant shall be an independent contractor
20 and shall not be an employee of the City. City shall have the right to
21 control Consultant only insofar as the results of Consultant's services
22 rendered pursuant to this Agreement; however, City shall not have the
23 right to control the means by which Consultant accomplishes services
24 rendered pursuant to the Agreement except to the extent that such
25 services involve the use of City property or Confidential Information.
26 B, Consultant Not Agent. Except as City may specify in
27 writing, Consultant shall have no authority, express or implied, to act
28 on behalf of City in any capacity whatsoever as an agent. Consultant
- 6 -
1 shall have no authority, express or implied, pursuant to this Agreement
2 to bind City to any obligation whatsoever.
3 C. Governing Law. The validity, interpretation and
4 performance of this Agreement shall be controlled and construed under
5 the laws of the State of California as enacted and in force at the time
6 this Agreement is fully executed.
7 D. Products of Consulting. All products of consulting
8 services with the exception of computer software that may be developed
9 by Consultant, shall become the property of City and shall be delivered
10 to City before the end of the performance of this Agreement. However,
11 computer software shall remain the property of Consultant, except for
l2 City's continued right to use said software at no extra cost.
13 E. Assignment Prohibited. No party to this Agreement
14 may assign any right or obligation pursuant to this Agreement except
l5 with the express written consent of the other party. Any other
16 attempted or purported assignment of any right or obligation pursuant
17 to this Agreement shall be void and of no effect.
l8 F. Termination. This Agreement may be terminated by
19 City without cause on fifteen (l5) days written notice to Consultant.
20 Upon termination of this Agreement, all property belonging to City
21 which is in the Consultant's possession, shall be returned to City.
22 Consultant shall furnish to City a final invoice for work performed and
23 expenses incurred by Consultant, prepared as set forth in Section 4 of
24 this Agreement. This final invoice shall be reviewed and paid in the
25 same manner as set forth in Section 4 of this Agreement.
26 / / /
27 / / /
28 / / /
- 7 -
1
G. Notices. Notices to the parties, unless otherwise
2 requested in writing, shall be sent to:
3
CITY:
THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST, JR.
ACTING CITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
4
5
6
CONSULTANT:
KEVIN SALES, dba KJ SERVICES
9020 HORNBY AVENUE
WHITTIER, CA 90603
7
8
9
lO
H.
Entire Agreement. This Agreement constitutes the
11 complete and final expression of the agreement of the parties and is
l2 intended as a complete and exclusive statement of the terms of their
13 agreements and supersedes all prior and contemporaneous offers,
14 promises, representations, negotiations, discussions, communications
15 and agreements which may have been made in connections with the subject
16
matter hereof.
All exhibits are incorporated by reference.
Consultant
17 represents that in entering into this Agreement, it has not relied on
l8 any previous representations or understandings of any kind or nature.
19
20
2l
22
1.
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
23 Agreement shall be in writing stating that it is an amendment to this
24 Agreement and shall be signed by both parties or their duly authorized
25 agents. This Agreement shall not be modified through course of
26 dealing, usage or trade.
27
K.
Forum Selection. Any action brought relating to
28 this Agreement shall be brought and held exclusively in a State Court
- 8 -
- 9 -
1 California under the auspices of and pursuant to the rules of the
2 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will
3 select an arbitrator. Those two arbitrators will then select a third.
4 The three-member panel will make the final decision. All decisions of
5 the arbitrators shall be in writing, and the arbitrators shall provide
6 written reasons for their decision. The arbitration decision shall be
7 final and binding on the parties. Notwithstanding the foregoing, the
8 parties shall be permitted to access the court system to enforce any
9 arbitration award or to obtain injunctive relief. The exclusive
10 jurisdiction and venue for any such action shall be the Superior Court
11 of California, Los Angeles County. Any and all contracts between
12 Consultant and any subcontractor relating to this Agreement shall
13 include the same arbitration clause.
14 IN WITNESS WHEREOF, the City and the Consultant have executed
15 this Agreement by and through their authorized officers as of the date
16 first hereinabove set forth.
17 CITY OF VERNON
18
19
ATTEST:
20
21
22
23
24
25
26
27
28
City Clerk
By:
Title:
- 10 -
. May 9~ 2005
Mr. Lewis J. Pozzebon
_ DirectorIHealth Officer
Health and Environmental Control
CityofVemon
4305 Santa Fe Ave.
Vernon, CA 90058'
Lew~
Thank you for allowing IOServices (KJS) to continue to IU9JlBge and implement the-City
of Vernon's Used Oil Block Grant and Department of Conservation recycling grant for
the 2005 - 2006 grant year. The following proposal outlines tasks that I believe would be
beneficial to pursue this year.
The proposal that follows focuses on continuing the City's very successful Used Oil
Calendar Contest; and 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.
Under the Department of Conservation recycling grant we are proposing t~miPg with the
. Vernon City School again to organize an Earth Day Recycling Challenge~ a recycling
competition between grade levels.
All of us at IOServices look forward to continuing our relationship-with the City of
Vernon in the upcoming fiscal year.
Sincerely,
Kevin Sfdes
Used Oil Block Grant
The City ofVemon will receive $5,000 of Used Oil Block Grant funding for the 2005-
2006 grant year.
Based on this available budget, IOServices proposes the following tasks to be performed
under the Used Oil Block grant:
Task #1- Community Outreach ~ $1.025
Experience has shown that one of the most effective ways to communicate the used oil
recycling message is through face-to-face contact with the community.
IOServices staffwill look for opportunities in the City ofVemon and the surrounding
areas to provide support to the City's Used Oil Recycling program through public
education and promotional activities at major community events.
At each of these eventsj IOServices staffwill distribute Used Oil Recycling educational
materials including a list of Certified Collection Centers in the City and surrounding
communities. In addition, the Used Oil Recycling. booth at these events will distribute
used oil recycling kits and promotional items. Staff will also be on hand to answer any
questions from community members.
KJServices staff will select an automotive related promotional item to be distributed at
these events. Possible items include shop towels, oil dipstick wipers~ fender covers~ oil
funnels, and the like. The City before its purchase will" approve the selected item, and its
used oil-recycling message. Any item choSen will meet all State requirements for
recycled content and will be approved by the City's grant manager prior to purchase.
Cost - 5 hrs@ $75/hr = $375
Promotional materials - $650
Task #2 - School Outreach (Year 2005 Used QiI Artwork COBtest & Poster - $3.225
IO Services will once again work with the Vernon School to hold a Used Oil Artwork
Contest and will develop a Year 2005 Used Oil Calendar I Poster using Vernon School
student artwork.
KJS staffwill go out to the school and give used oil recycling presentations to the 5th
grade classes. After the presentations the students will be invited to enter the City of
Vemon's Used Oil Artwork Contest. The students will draw posters highlighting the
dangers and environmental d8t1lage 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 2005 Used Oil Calendar I Poster. The winning students will
be recognized at a City ofVemon City Council meeting. Atthe Council meeting each
winner will also receive awafds and prizes for their participation. .
KJ Services staff will contact Vemon 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 I 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 I calendar.
Cost-15 hours@$75/hr = $1,125
Poster / Calendar design and printing (qty 500) - $2,100
Task #3... Grant AdmiDistratiou and.Proieet Manuement... 5750
This task will include those activities needed to administer the grant on behalf of the City.
Activities will include prepanrtion of bills and expenditure itemization reports to the
State~ preparing the necessary Progress Reports and Final Report, and assisting the
Certified Center (Commercial Tire) with any program compliance or reporting questions.
Regularly schedUled update meetings will also be held with you or your designated staff
person to keep, them apprised of the progress of the grant tasks.
Cost -10 hrs @ $75/hr = $750
..,~
DOC RecvcliDf,! Grant
The City of Vernon will receive $5,000 of Department of Conservation' Recycling Grant
funding for the 2005-2006 grant year.
Based on an available budget of $5,000 IOServices proposes the following tasks to be
performed under the DOC Recycling Grant grant:
Task #1 - Earth Dav Reffclin2 Outreach at Vernon City Elementa" School -
$3.100
The City ofVemon will invite the Vernon City Elementary School to participate in the
2006 Earth Day Recycling Challenge. This six-week program is designed to encourage
recycling in the City of Vernon and among students at the Vernon City Elementary
School. Each grade level will compete against each other to see which can collect the
most recyclable aluminum cans and plastic bottles. The school will receive a check for
the proceeds of all their collected recyclables plus a new school bench made from
recycled plastic soda bottles! In addition the winning grade level will receive an ice
cream party fQr all their students.
The City's Earth Day Recycling Challenge is designed to make participation easy and
convenient for the school and all the participating students. The program details are as
follows:
. The Recycling Challenge runs for the six weeks leading up to Earth Day (late
April 2006).
. Recyclables will be collected on one day a week. On that day students will be
asked to bring their recyclable aluminum cans and plastic bottles with them to
school in the moming.
. The City will provide staff at the school on morning of the established recycling
day. This staffwill collect the recyclables from the students on that morning.
This staff will bring recycling containers, an Earth Day Recycling Competition
banner and all necessary supplies with them. No school staff will be needed to
assist with the collection of the recyelables brought in by the students.
. The City will provide eaCh classroom teacher with flyers fot their students listing
the dates of the program and the types of recyclables that are acceptable for the
Recycling Competition.
. Program staff will take all recyclables collected at the school to a local recycling
center and redeem them for cash. A nmning total of the weights collected and the
amount of money raised will be kept for each participating grade level.
. The gi-ade level that collects the most recyclables (by weight) after the 6-week
collection period will be declared the winner. The Vemon City School will
receive all the proceeds from the sale of the recyclables. The school will be
" presented with a check from the City at a City Council Meeting to be held after
Earth Day on a date to be determined.
'.
. The City of V ernon will also reward the Vernon City School by presenting the
campus with a new bench or lunch table manufactured out of recycled plastic soda
bottles. "
The City's Earth Day R-ecyeling Challenge" isa'great-opportunity for all Vernon City
School students to celebrate Earth Day by recycling while at the same time raising money
for you're the school and earning an ice cream party for their grade level.
Cost - 30hrs @ $75/hr - $2,250
Supplies (bags, 'gloves, etc.) - $200
Recycled plastic bench or lunch table - $500
Ice cream reward party (100 students) - $150
Task #2 - Community Outread1 Event.. $4120
KJServices staffwill participate at community events in the neighboring communities to
promote the importance of beverage container recycling. TI1ese outreach activities willbe
coordinated with one or more of the surrounding communities.
The program will target participation at a wide variety of community events such as Earth
Day celebrations. Cinco de Mayo Festivals, 4th of July community picnics, and other
citywide events and celebrations. .
At these events staff will distribute City of Veroon recycling information, lists of
neighborhood recycling centers, and program promotional materials.
Cost-10 hrs@$75/hr = $750
Promotional items lOOttle openers, can lids, etc.) - $775
Task #13 - Grant Ovenisht and Admioistration- $375 "
IOServices staff will coordinate all the previously mentioned tasks and will be
responsible for preparing the necessary grant ProgresS Reports and Budget
Reimbursement Requests.
Cost - 5 hrs @ $701hr - $375
~... ....
1
2
3
4
5
6
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):
Coverage and Limits
Bodily Injury Property Damage
Each Person Each Accident Each Accident
I.
7
Hazards
8
9
10
Automobile Liability
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
Workers' Compensation
Employers' Liability
$ 500,000
$ 500,000
$ 500,000
$ Statutory
$1 ,000,000 per employer
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
II. General and Professional Liability
General Liability
Premises Operations
Elevators (if applicable)
Independent Contractors
Products - Completed Operations
Contractual Liability
Professional Liability
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$2,000,000
$1,000,000
$1,000,000
$ 1.000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 500,000
$ 500,000
$ 500,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1.000,000
$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.
27
28
EXHIBIT a