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Resolution No. 94121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN X-RAY FLUORESCENCE INSTRUMENT LOAN AGREEMENT BY AND BETWEEN THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH CHILDHOOD LEAD POISONING PREVENTION PROGRAM -ENVIRONMENTAL HEALTH, AND THE CITY OF VERNON HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT WHEREAS, the City of Vernon (the "City") owns certain housing units in said City (collectively, the "Housing Units"); and WHEREAS, the Housing Units were built in 1948 and do not conform with applicable Federal or State statutes or ordinances and resolutions of the City; and WHEREAS, on April 16, 2007, the City Council of the City adopted Resolution No. 9296 approving the renovation, reconstruction and/or remodeling of the Housing Units as necessary or deemed appropriate; and WHEREAS, the Department of Community Services & Water has requested that the Health and Environmental Control Department assist them in assessing the lead content of the paint in the Housing Units; and WHEREAS, in the past, the Health and Environmental Control Department has borrowed an x-ray fluorescence instrument from the Los Angeles County Health Department to assess lead content of paint in a non-destructive manner; and WHEREAS, the Los Angeles County Health Department is requiring the execution of a formal loan agreement to continue using the County's equipment at no charge rather than having to rent or purctase such equipment; and 1 WHEREAS, the City Council of the City of Vernon has 2 determined that, pursuant to the provisions of subsection (a) of 3 Section 2.27 of the Vernon City Code, it is in the public interest and 4 necessity to enter into an agreement with the Los Angeles County 5 Department of Public Health Childhood Lead Poisoning Prevention 6 Program -Environmental Health to enhance services provided to the 7 Vernon community. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 9 CITY OF VERNON AS FOLLOWS: 10 SECTION 1: The City Council of the City of Vernon hereby 11 finds and determines that the recitals contained hereinabove are true 12 and correct. 13 SECTION 2: The City Council of the City of Vernon hereby 14 approves the X-Ray Fluorescence (XRF) Instrument Loan Agreement with 15 the Los Angeles County Department of Public Health Childhood Lead 16 Poisoning Prevention Program -Environmental Health, in substantially 17 the same form as Exhibit A which is attached hereto and incorporated 18 herein by reference. 19 SECTION 3: The City Council of the City of Vernon hereby 20 authorizes the Director of the Health and Environmental Control 21 Department to execute said Agreement for, and on behalf of, the City 22 of Vernon. 23 SECTION 4: The City Council of the City of Vernon hereby 24 authorizes the City Administrator, or his designee, to make whatever 25 nonsubstantive, administrative and/or text changes, upon advice of 26 counsel, to the Agreement. 27 SECTION 5: The City Council of the City of Vernon hereby 28 directs the City Clerk, or her designee, to send two fully executed - 2 - 1 2 3 4 411. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreements to the Los Angeles County Department of Public Health Childhood Lead Poisoning Prevention Program -Environmental Health. SECTION 6: 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 4th day of September, 2007. ATTEST: MANUELA GIRON, Ci y Clerk Name: Leonis C. Malburg Title: Mayor / - - 3 - 1 2 3 4 5 6 7 8 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9412, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 4, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) ti IRQN; City Cler - 4 - EXHIBIT 0 Of LOS COUNTY OF Los ANGELES Public Heauh k 0 { - t x -Limit JONATHAN E. FIELDING, M.D., M.P.H. HOARD OF SUPERVISORS Director and Health Officer Gloria Molina First District JOHN SCHUNHOFF, Ph.D. Yvonne B. Burke Chief Deputy Second District Zev Yaroslaysky Childhood Lead Poisoning Prevention Prevention Program Third District 5555 Ferguson Drive, Room 210-02 Don RnabeFourth Commerce, CA 90022 District Michael D. ANGIE TOYOTA, Co -Director Antonovach TEL (323) 869-7171 • FAX (323) 887-5178 Fifth District LINDA RAMIREZ, Co -Director TEL (323) 869-7061 • FAX (323) 890-8741 www.lapublicbe.alth.org X-RAY FLUORESCENCE (XRF) INSTRUMENT LOAN AGREEMENT This Agreement is between the Los Angeles County Department of Public Health (LACDPH) Childhood Lead Poisoning Prevention Program -Environmental Health (CLPPP-EH), and the City of Vernon Health and Environmental Control Department. The purpose for entering into this Agreement is to make a Niton / Radiaton Monitoring Device (RMD) x-ray fluorescence (XRF) instrument available to the City of Vernon Health and Environmental Control Department to enhance its ability to identify sources of environmental lead exposure during an investigation. The City of Vernon Health and Environmental Control Department agrees that: 1. The XRF instrument may only be used by a Registered Environmental Health Specialist who is also a California Department of Public Health (CDPH)-Certified Lead Inspector/Assessor. (Copy of an Individual's current State Lead Certificate to be on file with CLPPP-EH). 2. The City of Vernon Environmental Professional (EP) shall disclose the site of the Environmental Investigation (EI) whenever an XRF instrument is loaned. 3. The EP will return the XRF instrument to CLPPP-EH by the end of the day that it is loaned. 4. The City of Vernon Health and Environmental Control Department is responsible for any damages to, or loss or theft of, the XRF instrument during the time the instrument is on loan from the CLPPP-EH. 5. Any EP from the City of Vernon Health and Environmental Control Department who accesses and uses the XRF instrument shall wear either a ring or a badge thermo-luminescent dosimeter (TLD) to monitor his or her radiation exposure. The result of the analysis of the TLD shall be forwarded to the CLPPP-EH at the end of any month any City of Vernon EP uses an XRF instrument. 6. Failure of EPs to adhere to the requirements of this Agreement shall result in the immediate termination of the loan program. The Los Angeles County Department of Public Health (LACDPH) Childhood Lead Poisoning Prevention Program -Environmental Health (CLPPP-EH) agrees that: 1. Whenever an EP returns an undamaged XRF instrument, a representative of the CLPPP-EH will attest to that fact by signing an appropriate document provided by the City of Vernon. 2. The CLPPP-EH Radiation Safety Officer will maintain in his or her files the results of any TLD analysis forwarded to the CLPPP-EH by any City of Vernon EP. The City of Vernon Health and Environmental Control Department, and the Los Angeles County Department of Public Health (LACDPH) Childhood Lead Poisoning Prevention Program - Environmental Health (CLPPP-EH) both agree that: 1. Either party to this agreement may terminate this Agreement, without cause, upon 30 days written notice. Director Date Health and Environmental Control Department City of Vernon Environmental Health Program Manager Date Los Angeles County Public Health Department Environmental Health-CLPPP. APPROVED AS TO FORM: Jeff A. Harrison, City Attorney for the City of Vernon SUPPORTING DOCUMENTS COUNTY OF Los ANGELES •+ of `�S� Public Health { f TY - Cam[/F02N►r JONATHAN E. FIELDING, M.D., M.P.H. Director and Health Officer BOARD OF SUPERVISORS Gloria Molina JOHN SCHUNHOFF, Ph.D. First District Chief Deputy Yvau,e B. Burke Second District Childhood Lead Poisoni P ng revenUon Program Eev Yaroslaysky 5555 Ferguson Drive, Room 210-02 Third District Commerce, CA 90022 Don ffiahe Fourth District ANGIE TOYOTA, Co -Director Michael D. TEL (323) 869-7171 • FAX (323) 887-5178 Antonovich Fifth District LINDA RAMIREZ, Co -Director TEL (323) 869-7061 • FAX (323) 890-8741 Www. lapublichealth. org X-RAY FLUORESCENCE (XRF) INSTRUMENT LOAN AGREEMENT This Agreement is between the Los Angeles County Department of Public Health (LACDPH) Childhood Lead Poisoning Prevention Program -Environmental Health (CLPPP-EH), and the City of Vernon Health and Environmental Control Department. The purpose for entering into this Agreement is to make a Niton / Radiaton Monitoring Device (RMD) x-ray fluorescence (XRF) instrument available to the City of Vernon Health and Environmental Control Department to enhance its ability to identify sources of environmental lead exposure during an investigation. The City of Vernon Health and Environmental Control Department agrees that: 1. The XRF instrument may only be used by a Registered Environmental Health Specialist who is also a California Department of Public Health (CDPH)-Certified Lead Inspector/Assessor. (Copy of an Individual's current State Lead Certificate to be on file with CLPPP-EH). 2. The City of Vernon Environmental Professional (EP) shall disclose the site of the Environmental Investigation (EI) whenever an XRF instrument is loaned. 3. The EP will return the XRF instrument to CLPPP-EH by the end of the day that it is loaned. 4. The City of Vernon Health and Environmental Control Department is responsible for any damages to, or loss or theft of, the XRF instrument during the time the instrument is on loan from the CLPPP-EH. S. Any EP from the City of Vernon Health and Environmental Control Department who accesses and uses the XRF instrument shall wear either a ring or a badge thermo-luminescent dosimeter (TLD) to monitor his or her radiation exposure. The result of the analysis of the TLD shall be forwarded to the CLPPP-EH at the end of any month any City of Vernon EP uses an XRF instrument. 6. Failure of EPs to adhere to the requirements of this Agreement shall result in the immediate termination of the loan program. The Los Angeles County Department of Public Health QACDPH) Childhood Lead Poisoning Prevention Program -Environmental Health (CLPPP-EH) agrees that: l . Whenever an EP returns an undamaged XRF instrument, a representative of the CLPPP-EH will attest to that fact by signing an appropriate document provided by the City of Vernon. 2. The CLPPP-EH Radiation Safety Officer will maintain in his or her files the results of any TLD analysis forwarded to the CLPPP-EH by any City of Vernon EP. The City of Vernon Health and Environmental Control Department, and the Los Angeles County Department of Public Health (LACDPH) Childhood Lead Poisoning Prevention Program - Environmental Health (CLPPP-EH) both agree that: 1. Either party to this agreement may terminate this Agreement, without cause, upon 30 days written notice. Director f Health and Environmental Control Department City of Vernon �- -� ---------- Environmental Healt rogr Manager Los Angeles County Public Health Department Environmental Health-CLPPP. APPROVED S TO FORM: Je A. rrison, City Attorney f o he ty of Vernon <:� /2 s Date Date CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 12, 2007 TO: Lewis Pozzebon, Director of Environmental Health FROM: Nelly Giron, City Clerk RE: Resolution No. 9412 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an X-Ray Fluorescence Instrument Loan Agreement By and Between the Los Angeles County Department of Public Health Childhood Lead Poisoning Prevention Program -Environmental Health, and the City of Vernon Health and Environmental Control Department Transmitted herewith is a copy of Resolution No. 9412, as referenced above, which was approved by City Council on September 4, 2007, and two originals of the X-Ray Fluorescence (XRF) Instrument loan agreement to be executed by you and the Los Angeles County Environmental Health Program Manager. Please ensure that one fully executed agreement is returned to the City Clerk's Office. Thank you. NG:dr c: Resolution No. 9412 Agreement 07-100