Resolution No. 9203i■
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RESOLUTION NO. 9203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
LETTER AGREEMENT BY AND BETWEEN THE CITY OF VERNON
AND YORKE ENGINEERING, LLC FOR THE MALBURG
GENERATING STATION
WHEREAS, the City of Vernon ("City") constructed the Malburg
Generating Station within the City limits for the purpose of producing
additional generating capacity; and
WHEREAS, the City is required by the South Coast Air Quality
Management District to prepare an Air Toxics Inventory Report and
Health Risk Assessment Report (collectively, the ""Reports") for the
Malburg Generating Station for the year 2006 to comply with AB 2588;
and
WHEREAS, Yorke Engineering, LLC (`Yorke"), submitted a letter
agreement dated December 6, 2006, to provide the.Reports; and
WHEREAS, the City has determined that Yorke possesses the
technical knowledge and expertise to furnish the Reports for the
Malburg Generating Station; and
WHEREAS, the Director of Light & Power has recommended that
the letter agreement be approved and executed with Yorke to perform the
services necessary to provide the Reports; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
(necessity to enter into an agreement with Yorke.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Letter Agreement with Yorke, a copy of which is attached
hereto as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Letter Agreement for, and on
behalf of, the City of Vernon and the Acting City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Agreement to:
Yorke Engineering, LLC
Attn. Judy B. Yorke, President
31726 Rancho Viejo Road, Suite 218
San Juan Capistrano, CA 92675
SECTION 5: The Acting 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 3rd day of January, 2007.
ATTEST:
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9203, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, January 3, 2007, and thereafter was duly signed by the Mayor
Pro-Tem of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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v
EXHIBIT
A
12/19/2006 17: 41 FAX 323 826 1438 CITY CL13RK' S OFFICE lih OQ4
Iverkeh
ENGINEERING, LLC
www.YorkeEngr.com
December 6, 2006
Dr_ Krishna Nand
City of Vernon
4305 Santa Fe
Vernon, CA 90058
31726 Rancho Viejo Rd., Stc. 218
San Juan Capistrano, CA 92675
949-24ti-8490
949-248-8499 (foot)
Subject: Proposal to perform Emissions Inventory and Health Risk Assessment
Dear Krishna,
This is a proposal to the City of Vernon (City) to prepare an Air Toxics Inventory Report
)for.
inv the Malburg Generating Station (MGS) for the calendar year 2006. Once the
ntory is approved by the South Coast Air Quality Management District (SCAQMD),
a H lth Risk Assessment (HRA,,) will be prepared using the Health Risk Assessment
ReF
g Program (HARP). Below are the tasks we .feel would be required to complete
thect.
SCOF WORK
Theof work is described as follows:
repare ATER for Calendar year 2006
For this project Yorke Engineering is assuming the City of Vernon will provide
information related to equipment fuel usages so that toxic emissions can be
estimated- The City of Vernon will also provide information on sources to be
used for modeling such as stack height, stack diameter, exhaust #lowrates, and
exhaust temperatures. Yorke will provide a list of data needs once the project
commences.
Yorke will then fill out the necessary AIM forms and incorporate the forms into
the report to be submitted.
2. Determine U>rM Coordinates of Facility and Surroundings
Using Global Positioning Systems (GPS) technology, we will determine the
coordinates of all receptors required for the f1R.A_
_12/19/2006..17:42 FAX 323 826 1438 CITY CLERK'S OFFICE 1@005
Dr Krishna Nand
December 6, 2006
Page 2 of 6
• The facility's boundaries will be determined and compared to the facility's
known plot plans.
• Nearby residential and commercial receptors, and other sensitive receptors
will be identified.
• The UTM coordinates of all sources will be determined.
3. Determine Health Risk Impacts Using HARP
Performing the HRA using the California Air Resources Board's Health Risk
Assessment and Reporting Program (HARP) will be done following these steps.
• Entering facility and source locations based on the coordinates obtained in
Task 2.
• Entering source specific physical parameters such as stack heights,
exhaust temperatures, and exhaust flows as obtained in Task 1. All
Permitted sources will be modeled as the most appropriate sources type
(i.e., engines and boilers will be treated as point sources). Exempt sources
and equipment not required to need a permit will be treated as volume
and/or area sources as deemed appropriate. (i.e., exempt engines will be
treated as a voluMe or area, which ever is most appropriate, and their stack
information will not be required).
• Enter emissions information as obtained from Task 1 _
• Generate inputs for and execute Air Dispersion Model.
• Run Health Risk Assessment calculations and identify impacts.
4. Prepare HRA report
Once the results from the HRA are obtained, we will discuss these results with
City. We will then present recommendations and suggestions to reduce the health
impacts if needed. Comments from City during this review will be incorporated
into the final draft of the report.
We will then draft a HRA .report based on the tasks performed above. This report
will discuss the sources, emissions, receptors, and risks determined by the HRA.
We will also present potential risk reductions if needed as determined from prior
review with Resort. Resort will be given time to provide additional comments on
the draft prior to the report being finalized.
12/19/2006 17:42 FAX 323 826 1438 CITY CLERK'S OFFICE lOQ6
Dr. Krislwa bland
December 6, 2006
Page 3 of 6
BUDGET
Below is a summary of the estimate of the hours and costs to complete the proposed
tasks. We propose to perform this effort on a time and materials basis. Thus, only the
effort required will be billed.
Tah1s`1 — FCHim +-A
Task
Description
Principal
Senior
Engineer
1
Prepare 2006 ATIR
8
40
2
Determine UTM Coordinates
0
16
3
Determine Health Impacts Using HARP
8
40
4
Prepare H:RA Report
8
24
Total Hours
20
160
Tah1P. 2 — f`nct- Fetimato
Estimated Hours
Cost Per Hour
Cost
Principal
24
$145
$3 480
Senior E eer
120
$125
$15,000
Other Direct Costs*
$200
Total Cost
$18 680
w�rte5, sulppmg, mileage, cte.
12/19/2006 17:42 FAX 323 826 1438 CITY CLERK'S OFFICE 0067
Dr. Krishna Nand
December 6, 2006
Page 4 of 6
CONFIDENTUL
IN WPINESS WHEROF, the parties have executed this Agreement as of the Effective
Date through their duly authorized representatives. Each individual signatory below
hereby represents and warrants that they have frill corporate power and authority to
execute this agreement and bind the respective parties to the terms and conditions of this
Agreement_
Yorke Engineering, LLC
Signature: Z�9�7
CITY OF VERNON
Signature:,
Name: Judy B. Yorke Name. Leonis C. Malbur
Title: President
Signature:
Name: Brian A Yorke
Title: Operations and Marketing
Title: Mayor
Attest:
Name: Bruce V. Malkenhorst Jr.
Title: Acting City Clerk
Approved as to form:
Name: Jeff Harrison
Title: City Attorney
12/19/2006 17:42 FAX 323 826 1438 CITY CLERK'S OFFICE 'Q008
Dr. Krishna Nana
December 6, 2006
Page 5 of 6
Attachment A
Yorke E-emeeriuns Terms and Conditions
Scope of Services
Yorke Engineering (YE) agrees to perform the services particularly described in the
agreement to which these terms are attached. The services are to be performed by YE as
a consultant to the City of Vernon (CLIENT).
Compensation
CLIENT agrees to pay, and YE agrees to accept, compensation in accordance with the
agreement to which these terms are attached. Payment will be made Net 10 days. At
project start, CLIENT will be invoiced for 50% of the estimated cost. This invoice is
expected to be paid Net 10 days. If, for any reason, the project is completed or ended
prior to that amount being expended, all unexpended amounts will be reimbursed.
Responsibility of Yorke Engineering
YE is an independent contractor. CLIENT shall not direct the services or the means for
accomplishment of the services to be performed. CLIENT, however, retains the right to
require the services provided by YE to meet specific standards and requirements of the
project without regard to the manner and means of accomplishment thereof
Termination
CLIENT may terminate this contract for its convenience. YE shall be compensated for
services provided to the date of termination. If YE persistently fails to provide the
services in a manner satisfactory to CLIENT, then CLIENT may terminate this contract.
YE shall be compensated for completed and useful services provided to the date of
termination.
Choice of Law/Jurisdiction
This contract skull be subject to the laws of the State of California. Jurisdiction of
litigation shall be in that state.
Severability
If any part of this contract is found to conflict with applicable laws, such part shall be
null and void, but the remainder of this contract shall be in full force and effect.
.Limitation of Liability
It is specifically agreed by and between YE and CLIENT, as a reasonable allocation of
risks hereunder, that in no event shall YE's liability (including YE's employees,
12/19/2006.17:42 FAX 323 826 1438 CITY CLERK'S OFFICE 'Z 009
_ Dr. Krishna Nand
December 6, 2006
Page 6 of 6
subcontractors, and consultants) to CLIENT exceed;
A. As to liabilities relating to defects of design, remedial action, failure to
render services, ordinary negligence, errors and omissions, permitting, and
other similar actions arising under any individual project, not more than
the dollar value of the applicable project; or
B. As to all other remaining liabilities of every kind or nature, the sum of
$5,000.00 in aggregate for all such liabilities under this contract
Consequential Damages
YE shall not be liable to CLIENT for any incidental, indirect, special or consequential
damages (including but not limited to damages for loss of use, power, business good will,
revenue or profit nor for increased expenses, or business interruption) arising out of or
related to the performance or non-performance of this contract and related project.
Indemnity
YE agrees to indemnify CLIENT, its directors, employees, and officers, from and against
only those direct claims, causes of action, liabilities, costs or expenses, including
reasonable attorneys' fees (excluding consequential and indirect damages) finally
awarded and attributable directly to bodily injury, death or property damage that
CLIENT incurs as a result of third party actions and that arises directly out of and to the
extent of YE's negligent acts or willful misconduct in and occurring during the
performance of this contract. This indemnity shall not apply in the event CLIENT fails
to give YE prompt written notice of such claims or fails to provide YE reasonable
assistance in defense or settlement of such claims. All of the indemnity and other
provisions of this paragraph shall also reciprocally apply so that CLIENT is the
indemnitor and YE is the indemnitee in a corresponding indemnity by CLIENT iu favor
of YE. In the event any liability to a third party results from the joint, concurrent or
combined negligence of YE and CLIENT, then YE and CLIENT will only indemnify,
defend, and hold each other harmless from such third party liability to the extent of the
indemnitor's allocable portion of such joint, concurrent or combined negligence. YE
shall not be responsible for any damages, costs, or other liability arising out of
precontract or site environmental problems or for any liabilities which may arise from the
non -negligent performance by YE of the work.
Integration
The terms and the agreement to which they are attached represent the entire
understanding of the parties as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters. This contract
may not be modified except in writing, signed by both parties.
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA Of" )0J
Mayor Pro-Tem f
WM. "BILL" DAMS ✓ s ,
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058
Councilman Telephone (323) 583-8811
January 8, 2007
Ms. Judy B. Yorke, President
Yorke Engineering, LLC
31726 Rancho Viejo Road, Suite 218
San Juan Capistrano, CA 92675
MARK C. WHITWORTH
Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
City Treasurer
DONAL O'CALLAGHAN
Director of Light & Power
Re: Letter Agreement for Emissions Inventory and Health Risk Assessment
for the Malburg Generating Station
Dear Ms. Yorke:
Transmitted herewith is a signed copy of the above -referenced letter
agreement, approved by City Council on January 3, 2007, through
Resolution No. 9203.
If you have any questions regarding this matter, please call Mr. Donal
O'Callaghan, at (323) 583-8811 ext. 834.
Very truly yours,
e ly i on
Deputy City Clerk
NG:dr
c: Donal O'Callaghan
Krishna Nand
Resolution No. 9203
Agreement File No. 07-003
1EXCIUAlveio 11thAtAll