Resolution No. 09979 1 RESOLUTION NO. 9979
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BY AND BETWEEN THE CITY OF VERNON AND KEVIN SALES,
5 DBA KJ SERVICES, RELATING TO 2009./2010 GRANT
PROGRAMS
6
7 WHEREAS, on May 11,.2009, the City Council of the City of
8 Vernon adopted Resolution No. 9947 approving an application for
9 2009/2010 Beverage Container Recycling and Litter Reduction Grant
10 under the California Beverage Container Recycling and Litter .Reduction
11 Act; and
12 WHEREAS, KJ Services has .provided services. to-the City in
13 the past relating to the implementation and administration of the Used
14 Oil Block Grant and the Beverage Container Recycling and Litter.
15 Reduction Grant programs in the City in compliance with the State
16 mandated AB 939; and.
17 WHEREAS, as a result of KJ Services' past services to the
18 City, it should be ableJto in a more efficient and effective manner
19 provide the services now required by the City; and
20 WHEREAS, by memo dated May 27, 2009,_ the Director of Health
21 & Environmental Control, recommended that an agreement with KJ
22 Services be approved for fiscal year 2009-2010;- and
23 WHEREAS, the City Council of the City of Vernon has
24 determined that, pursuant to the provisions of subsection (a) of
25 Section 2.27 of the Vernon City Code, it is in the public interest and
26 necessity to enter into a contract with KJ Services for grant
27 management services to enhance services provided to the Vernon
28 Community.
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
3 SECTION 1: The City Council of the City of Vernon hereby
4 finds and determines that the recitals contained hereinabove are true
5 and correct.
6 SECTION 2: The City Council of the City of Vernon hereby
7 approves the Agreement for Professional Consulting Services, in
8 substantially the same form as the copy which is attached hereto as
9 Exhibit A and incorporated by reference.
10 SECTION 3: The City Council of the City of Vernon hereby
11 authorizes the City Administrator, or his designee, to make whatever.
12 non substantive, administrative and/or text changes, upon advice of
13 counsel, to the Agreement.
14 SECTION 4: The City Council of the City of Vernon hereby
15 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement-for,
16 and on behalf of, the City of Vernon and the City Clerk is hereby
17 authorized to attest thereto.
18 SECTION 5: The. City Council of the-City of Vernon hereby
19 directs the City Clerk, or her designee, to send a fully executed
20 Agreement to:
21 KJ' Services
Attn. Kevin Sales
22 9020 Hornby Avenue
23 Whittier, CA 90603
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25 / / /
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1 SECTLON 6: The City-Clerk of the City of Vernon shall
2 certify to-the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 8th day of June, 2009.
5`
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Name: Hilario Gonzales
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9 Title : Mayo r / °-~I~.~o~P~
10 ATTEST:
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13 UELA GIRON, City Clerk
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1 STATE OF CALIFORNIA )
2 ) ss
CgUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9979, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of the City Council duly held on Monday, June 8, 2009, and
8 thereafter was duly signed by the Mayor Pro.-Tem of the City of Vernon.
9 ~
MANUELA GIRON, City Clerk
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12 (SEAL)
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EXHIBIT A
1 AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES-
2
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 8th day of June, 2009,
6 in the City of Vernon, County of Zos Angeles, California
7 BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation (hereinafter referred to
8 as "City") ,
9 4305 Santa Fe Avenue
l Vernon, California 90058
10
AND KEVIN SALES, dba KJ SERVICES
11 (hereinafter referred to as
"Consultant")
12' 9020 Hornby Avenue
13 Whittier, California 90603
14 RECITALS
15 WHEREAS, a 2009/20.10 Beverage Container Recycling and Litter
16 Reduction Grant under the California Beverage Container Recycling and
17 Litter Reduction Act was authorized by Resolution No. 9947 on May 11,
lg 2009; and
19 WHEREAS, the City desires to retain the services of a
20 consulting firm to provide expertise in implementing and administering
21 the Used Oil Block Grant and the ,Beverage Container Recycling and
22 Litter Reduction Grant programs in-the City in compliance with the
23 State mandated. AB 939 law; and
24 WHEREAS, Consultant has provided such services to City in the-
25 Past and has specialized knowledge and experience in the management and
26 implementation of AB 939; and
27 ~ WHEREAS, Consultant submitted a proposal to the City dated
28 May 21, 2009 (the "Proposal") which includes a description of proposed
1 services and a cost proposal; and
2 WHEREAS, Consultant is willing to render such professional
3 services as hereinafter defined.
4 - NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET,
5 FORTH HEREIN:
6 1. SCOPE OF SERVICES.
7 Consultant shall perform all requested services in their
8 entirety as outlined in its Proposal which is attached hereto and
9 incorporated by reference as Exhibit A.
10 The services to be performed. by Consultant .for the Used Oil.
11 Block Grant as outlined in the Proposal are as .follows: Task 1 -
12 Community Outreach; Task 2 - School Outreach/Year 2010 Used Oil Artwork
13 ;Contest and Poster; and Task 3 - Grant Administration and Project
14 .Management.
15 The services to be performed by Consultant for the Department
16 of Conservation Recycling Gr-ant as outlined in the Proposal are as
17 follows: Task 1 - Earth.-Day Recycling Competition at Vernon City
18 School;. and Task 2 - Earth Day Community Outreach.
19 It is understood and agreed that in the event of a conflict
20 between the Proposal and this Agreement, the terms of this Agreement
21 shall prevail.
22 2. TIME OF PERFORMANCE.
23 The term of this Agreement shall begin on July 1, 2009 and
24 shall end on June 30, 2010, unless otherwise terminated or extended.
25 3. COMPENSATION.
26 A. Fee for Services-Used Oil Block Grant. City shall
27 compensate Consultant, for the services performed in connection with
28 the Used Oil Block Grant under-this Agreement, a total sum not to
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1 exceed Five Thousand Dollars and No Cents ($5,000.00).
2 B. Fee for Services-DOC Recycling Grant. City shall
3 compen-sate Consultant, for the services performed in connection with
4 the Department of Conservation ("DOC") Recycling Grant under this
5 Agreement., a-total sum not to exceed Five Thousand Dollars and No Cents
6 ($5,000.00).
7 C. Other Expenses. Other expenses may be billed but
8 only if such other expenses have been given advance approval in writing
9 by the City Administrator, or his designee. Such other expenses
10 include, but are not limited to, air fares, hotels, motels, video and
11 subcontract charges.
12 4. METHOD OF PAYMENT.
13 Within thirty (30) days after the last day of any month in
14 which services have been performed or costs incurred hereunder, the
15 Consultant shall submit an invoice to the City stating the amount. due
16 to the Consultant.. Invoices shall contain an itemization of the tasks
17 and subtasks performed, directly related job expenses, subcontractor
18 charges incurred by the Consultant for which compensation is due, and
19 an estimate of the percentage completed for each milestone, task or
20 subtask. Consultant shall be responsible for paying any subcontractors
21 used in the performance of this Agreement. Subcontractors shall not
22 bill the City directly.
23 Payment of the invoice shall be made after acceptance and
24 approval by the City within thirty (30) days of receipt. The City's
25 approval of the invoice shall not be unreasonably withheld.
26 5. INDEMNITY AND INSURANCE.
27 A. .Indemnification. Consultant shall indemnify,
28 defend, protect and hold City and its officers, agents and employees,
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1 free and harmless from and against any and all claims, demands, losses,
2 damages, liabilities, fines, charges, penalties, orders, judgments and
3 all costs and expenses incurred in connection therewith, including
4 reasonable attorney's fees and costs of defense arising, directly or
5 indirectly, in whole or in part, out of the negligent or wrongful acts
6 of Consultant or its subcontractors, employees or agents in the
7 performance of services under this Agreement, except to the extent
8 arising from or caused by the sole active negligence or willful
9 misconduct of the City, its officers, agents or employees..
1p B. Insurance. Prior to commencing work hereunder,
11 the Consultant shall provide the City with proof of insurance
12 providing and maintaining the coverages and .endorsements set forth in
13 the Insurance Schedule attached hereto as Exhibit "B" and made a part
14 hereof by .reference. Said proof of insurance. shall also provide that
15 said .policy or policies shall not be canceled or materially reduced in
16 coverage without giving at least thirty (30) days prior written notice
17 to the City.. If Consultant fails to provide proof of insurance
18 coverage as specified above, City may, at its sole discretion,
19 terminate this Agreement immediately.
20 Consultant shall not permit a subcontractor or vendor,
21 to perform work on City premises unless and until a certificate of
22 insurance is obtained showing that such subcontractor or vendor has
23 worker's compensation coverage.. If Consultant employs subcontractors
24 as part of the services rendered, Consultant's protective coverage is
25 required. Consultant may include .all subcontractors as insureds under
26 its own .policy or shall furnish separate insurance for each
27 subcontractor, meeting the requirements set forth herein.
28 / / /
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1 6. CONFIDENTIAL INFORMATION.
2 A. Access to Confidential Information. City may
3 provide Consultant and/or subcontractors with, or allow Consultant
4 access to, certain information not available to the public concerning
5 City, or businesses located in City. The information may include
6 company information, taxes, sales, value of assets, or other such
7 information. All-such information shall be known as "Confidential
8 Information" and may not be-used to circumvent the responsibility of
9 either party to this Agreement.
10 B. No Disclosure. Except as expressly permitted,
11 Consultant and/om its subcontractors shall.not disclose, permit the
12 disclosure of, release, disseminate, or transfer, whether orally or by
13 any of-her means, any part of .such Confidential Information to any other
14 person_or entity, whether corporate, governmental, or individual,-
15 without the express prior written consent of an authorized
I6 representative of City. Consultant and/or its subcontractors shall
17 return any written Confidential Information, and all copies made of
18 such items, to City upon City's written request, but in any event, not
19 later than the date that Consultant has performed all services to be
20 performed pursuant to this Agreement.. Consultant hereby agrees that
21 such Confidential Information and any documents provided may be used by
22 Consultant and/or its subcontractors only as authorized by City.
23` Consultant shall include a contractual provision in its contract with-
24 any subcontractor-that binds the subcontractor to these nondisclosure
25 requirements. Consultant shall take reasonable measures to avoid any
26 disclosure of any such Confidential Information to any unauthorized
27 person.
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1 C. Court Ordered Disclosure. Consultant shall
2 immediately notify the City of any court ordex' or subpoena requiring
3 disclosure of Confidential Information, and shall cooperate with-legal
4 counsel in the appeal or challenge of any such order or subpoena..
5 Consultant may only disclose Confidential Information required to be
6 disclosed pursuant to court order or subpoena after legal counsel has
7 exhausted any lawful and timely appeal or challenge.
8 D. Remedies. In addition to any other remedies that
9 it may have at law or in equity,-the City shall be entitled to a
10 temporary and permanent injunction by a court of competent jurisdiction
11 against any breach or threatened breach of the Confidential Information
12 provisions of this Agreement. Consultant acknowledges that in case of
13 such breach or threatened breach. of said provisions, .City would have no
14 adequate remedy at law.
15 7. GENERAL PROVISIONS.
16 A. Independent Contractor. At all times during the
17 term of this Agreement, Consultant shall be an .independent contractor
18 and shall not be an employee of the City. City shall have the right to
19 control Consultant only insofar as the .results of Consultant's services
20 rendered pursuant. to this Agreement; however, City shall not have the
21 right to control the means by which Consultant accomplishes services
22 rendered pursuant to-the Agreement except to the extent that such
23 services .involve .the use of City property or Confidential Information.
24 B. Consultant Not Agent. Except as City may specify in
25 writing, Consultant shall have no authority, express or implied, to act
26 on behalf of City in any capacity whatsoever as an agent. Consultant
27 shall have no authority, express or implied, pursuant to this Agreement
28 to bind City to any obligation whatsoever.
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1 C. Governing Law. The validity, interpretation and
2 performance of this Agreement shall be controlled and construed under
3 the laws of the State of California as enacted and in force at the time
4 this Agreement is fully executed.
5 D. Products of Consulting. All products of consulting
6 services with the exception of computer software that may be developed
7 by Consultant, shall become the property of City and shall be delivered
8 to-City before the end of-the performance of this Agreement. However,
9 .computer software shall remain the property of Consultant, except for
10 City's continued right to use said software at no extra cost.
11 E. Assignment Prohibited. No party to this Agreement.
12 may assign any right or obligation pursuant to this Agreement except
13 with the express written consent of the other party. Any other
14 attempted or purported assignment of any right or obligation pursuant
15 to this Agreement shall be void and of no effect.
16 F. Termination. This. Agreement may be terminated by
17 City without cause on fifteen (15) days written notice to Consultant..
18 Upon termination of this Agreement, all property belonging to City
19 which is in the Consultant's possession, shall be returned to City.
20 Consultant shall furnish to City a final invoice for work performed and
21 expenses incurred by Consultant, prepared as set forth in Section: 4 of
22 this Agreement. This final invoice shall be reviewed and paid in the
23 same manner as set forth in Section 4 of this Agreement.
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1 G. Notices. Notices to the parties, unless otherwise
2 requested in writing, shall be sent to:
3 CITY: THE CITY OF VERNON
ATTN: CITY ADMINISTRATOR
4 4305 SANTA FE AVENUE
5 VERNON, CA 90058-0805
6 CONSULTANT: .KEVIN SALES, dba KJ SERVICES
9020 HORNBY AVENUE
~ WHITTIER, CA 90603
8 H. Entire Agreement. This Agreement constitutes the-
- 9 complete .and final expressionof the agreement of the parties and is
10 intended as a complete and exclusive statement of the terms of their
11 agreements and supersedes all prior and contemporaneous offers,
12 promises, representations, negotiations, discussions, communications
13 and agreements which may have been made in connections with the subject
14 .matter hereof. All exhibits are incorporated by reference. Consultant
15 represents that in entering into this Agreement, it has not relied on
16 any previous representations or understandings of any kind or nature.
17 I. Benefit of Agreement. This Agreement shall bind
18 and benefit the parties hereto and their heirs, successors, and
19 permitted assigns.
20 J. .Amendments.. All changes or modifications to this
21 Agreement shall be in writing stating that it is an amendment to this
22 Agreement and shall be signed by both parties or their duly authorized
23 agents. This Agreement shall not be modified through course of
24 dealing, usage or trade.
25 K. Forum Selection. Any action brought relating to
26 this Agreement shall be brought and held exclusively in a State Court
27 in the County of Los Angeles, California..
28 L. Recitals. All recitals are incorporated by
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1 reference.
2 M. Waiver. Any waiver at any time by either party of
3 its rights with respect to a default under this Agreement, or with
4 respect to any. other matters arising in connection with this
5 Agreement, shall not be deemed a waiver with respect to subsequent
6 default or other matter.
7 N. Force Majeure. Neither Party shall be considered
8 in to be in default in any of its obligations under this Agreement
9 when a failure of performance shall be due to wn uncontrollable force.
10 The term "uncontrollable force" shall mean any. cause beyond the
11 control of the party affected, including, but not restricted to,
12 flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil
13 distur-bance or disobedience, labor dispute, labor material shortage,
14 sabotage, federal, state, or municipal action, statute, ordinance, or
15 regulation, embargoes of the United States Government or any other
16 government, which by exercise. of due diligence such party could not
17 reasonably have been expected to avoid and by exercise of due
18 diligence has been unable to overcome. Either party rendered unable.
19 to fulfill any of its obligations under this Agreement by reason of an
20 uncontrollable force, shall give written notice within five (5)
21 business-days of .such fact to the other party and shall exercise due
22 diligence to remove such inability with all reasonable dispatch.
23 0. Arbitration. The parties agree that any and all
24 disputes arising out of or in relation to this Contract, including
25 without limitation any action in tort, shall be resolved exclusively,
26 finally and conclusively by arbitration in Los Angeles County,
27 California under the auspices of and pursuant to the rules of the
28 Judicial-Arbitration & Mediation Services Inc. .(JAMS). Each party will
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1 select an arbitrator. Those two .arbitrators will then select a third.
2 The three-member panel will make the final decision. A11 decisions of
3 the arbitrators shall be in writing, and the arbitrators shall provide
4 written reasons for their decision. The arbitration decision shall be
5 final and binding on the parties. Notwithstanding the foregoing, the
6 parties shall be permitted to access the court system to enforce any
7 arbitration award or to obtain injunctive relief. The exclusive.
8 jurisdiction and venue for any such action shall be the Superior Court
9 of California, Los Angeles'County. Any and all. contracts between
10 Consultant and any subcontractor relating to this Agreement shall
11 include the same arbitration clause.
12 IN WITNESS WHEREOF, the City and the Consultant have executed
13 this Agreement by and through their authorized officers as of -the date
14 first hereinabove set forth.
15 CITY OF VERNON
16
By:
17
Name:
18
Title: Mayor../ Mayor Pro-Tem
19 ATTEST:
20
21
22 MANUELA GIRON, City Clerk-
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APPROVED AS TO FORM:
24
25 JEFF A. HARRISON, City Attorney
KEVIN SALES, dba KJ SERVICES
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27 By;
KEVIN SALES
28 Title: Sole Proprietor
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T
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V, ~ 6 ~
EN1/IRONMENTA?L
C O N S lJ LT i N G DEPA~TMEi~'~°
RECYCLING PROGRAM DESIGN • PUIILIC CDUCATION & OUTREA(.FI • GRANT WRITING & ADMINISTRATION • ~B939 IMPLEMENTATION K COMPLIANCE
May 21, 2009
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
2009 - 2010 grant year. Fortunately, the State's current fiscal situation is not affecting the
City of Vernon's grant allotment. 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 successfizl 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 will continue the successful
Earth Day outreach that began two years ago.
All of us at KJServices look forward to continuing our relationship with the City of
Vernon in the upcoming fiscal year.
Sincerely,
ui Sale
Principe
9020 HornbyAve:, Whittier, California 90603 ph (562) 944-4766 fax (562) 944-3267 email KJServC~aDLcom
Used Oil Block Grant
The City of Vernon will receive $5,000 of Used Oil Block Grant funding for the 2009 -
2010grant year.
Based on this available budget, KJServices proposes the following tasks to be performed
under the Used Oil Block grant:
Task #1-Community Outreach. - $1,050
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 participate at the Vernon Health Fair on August 20`".
At each of this event KJServices staff will 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 will distribute. used oil recycling
.kits and promotional items. Staff will also be on hand to answer any questions from
community members.
I~JServices 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 - S hrs @ $80/hr = $400
PNOmotional materals -.$650
Task #2 -School Outreach /Year 2010 Used Oil Artwork Contest & Poster - $3.310
KJ Services will once again-work with the Vernon City School to hold a Used Oil
Artwork Contest and will develop a Year 2010 Used Oil Calendar /Poster using Vernon
School student artwork.
As we have done- for the past 11 years, KJS staff will go out to the school and give used
oil recycling presentations to the 5`" 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 .2010 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 -12 hours @ $80/hN = $960
PosteY /Calendar design and pNinting (qty S00) - $2, 350
Task #3 -Grant Administration and Proiect Management - $640
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 - 8 hrs @ $80/h~ _ $640
DOC Recycling Grant
The City of Vernon will receive $5,000 of Department of Conservation Recycling Grant
funding for the 2009 - 2010 grant year.
Based on an available budget of $5,000 KJServices proposes the following tasks to be
performed under the bOC Recycling Grant grant:
Task #1- Earth Day Recyclin~ Competition at Vernon Citv School - $2500 '
The City of Vernon will invite the Vernon City School to participate in the City's
inaugural Earth Day Recycling Competition. The school will be invited to collect CRV
plastic bottles and aluminum cans for recycling during the couple of weeks prior to Earth
Day. All students will compete by grade level. The grade level that collects the greatest.
amount of recyclables, by weight, will be declared the winner. The winning grade level
will be recognized with an appropriate prize to be determined later (a Pizza Party or an Ice
Cream Party after lunch for example). All participating students will receive a recycling.
promotional item made from recycled materials.
The Vernon City School will receive ALL, proceeds from the collected recyclables
Before the competition begins, KJServices staff will give a brief presentation to the
students during that assembly as a means of introduction for the competition. The basic
competition details are as follows:
• -The City will provide the school with a flyer listing the assigned collection date and the
types of recyclables that are acceptable for the Recycling Competition. The flyer will
need to be copied and sent home with all. students prior to the competition.
• The City will purchase- and distribute Recycling Bags to all students beginning two
weeks before the scheduled collection day (maximum of two bags per student).
• The students will be instructed to collect the recyclables during the two weeks and
bring the filled bags back to school on a designated day during Earth Day week
(during Apri12010).
• I{JServices staff will. be at school on the morning of the designated collection day to
collect the recyclables from the students, mark each bag with the grade level and
separate them into appropriate groups. The staff will process the recyclables, then
immediately take them to a local redemption center where they will be redeemed for
cash.
Cost -Recycling collection bags - $300
Recycling collection and processing - $2000 (25 hrs @ $80/hr)
Recognition party for the grade level that collects the most recyclables - $200
Task #2 -Earth Day Community Outreach - $2500
Based on the success of this past year's Earth Day outreach event, KJServices staff will
conduct a similar event in celebration of Earth day 2009. As we did this year, KJS staff-
will identify a high traffic location in the City of Vernon and setup an Earth Day
celebration and information booth that will distribute recycling-themed promotional
materials and information to workers in the City.
The promotional item will be something useful and reusable (such as this past year's
insulated lunch bag). The bag will be filled with information about recycling resources in
-the City of Vernon and the surrounding communities.
Our staff will setup at a location in the City on Earth Day and will distribute the
promotional items and information for a three to four hour period (or as long as the
materials last).
Cost - I S hNS @ $80/hN - $1200
MateNials - $1300
EXI3I~IT
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1 EXHIBIT B
2 INSURANCE SCHEDULE (CONSULTANT)
3
Consultant shall provide proof of insurance, including but not limited to, a standard original certificate of
4 insurance, in at least the following .amounts and coverage (combined single limit permitted):
5 I. Coverage and Limits
6 Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
7
Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
9 Hired Automobiles $ 500,000. $1,000,000 $ 500,000
Non-Owned Automobiles $ 500,000 $1,000,000 $ 500,000
10 Workers' Compensation $ Statutory
Employers' Liability $1,000,000 per employer
11
12 II. Liability
General Liability- $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000.
.Elevators (If Applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1,000,000 $2,000,000 $1,000;000
15 Products -Completed Operations $1,000,000 $2,000;000. $1,000,000
Contractual Liability $1,000,000 $2,000,000 $1,000,000
16 Professional Liability $2,000,000 $2,000,000. $2,000,0.00
17, ' a . The general liability policy shall contain the following special endorsements which shall be noted
18 on or attached to the standard certificate of insurance:
19 1. An original endorsement naming the City of Vernon, its officers, and employees as additional
insureds under the policy..
2 0 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
21 reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement and specifying the
2 2 activities covered.
4. Such other endorsement as may be required by City.
2 3 5. A copy of your general and professional insurance policy declarations page.
6. A copy of schedule of forms of endorsement.
24
2 5 b• In addition to-the above, the Consultant shall provide such further proof of insurance
documentation as the City deems necessary.
26
27
28
EXHIBIT
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.ai?
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811.
June 9, 2009
KJ Services
Attn: Kevin Sales
9020 Hornby Avenue
Whittier, CA 90603
Re: Agreement for Professional Consulting Services
Dear Mr. Sales:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement
approved by City Council on June 8, 2009, through Resolution No. 9979.
If you have any questions regarding this matter, please call Mr. Lewis Pozzebon at 323/583-8811
ext. 229.
Very truly yours,
elly-Giro
City Clerk
NG:dj
cc: Lewis Pozzebon
Purchasing Department
Resolution No. 9979
Agreement File No. 09-088
E.xcCusiveCy IndustriaC
1 AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
2
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 8t'' day of June, 2009,
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
8 as "City")
9 4305 Santa Fe Avenue
Vernon, California 90058
10
AND KEVIN SALES, dba KJ SERVICES
11 (hereinafter referred to as
"Consultant")
12 9020 Hornby Avenue
13 Whittier, California 90603
14 RECITALS
15 WHEREAS, a 2009/2010 Beverage Container Recycling and Litter
16 Reduction Grant under the California Beverage Container Recycling and
17 Litter Reduction Act was authorized by Resolution No. 9947 on May .11,
lg .2009; and
19 WHEREAS, the City desires to retain the services of a
20 consulting firm to provide expertise in implementing. and .administering
21 the Used Oil Block-Grant and the Beverage Container Recycling and
22 Litter Reduction-Grant programs in the City in compliance with the
23 State mandated AB 939 law; and
24 WHEREAS, Consultant has provided such services to City in the
25 past and has specialized knowledge and experience in the management and
26 implementation of AB 939; and
27 WHEREAS, Consultant submitted a proposal to the City dated
28 May 21, 2009 (the "Proposal") which includes a description of proposed.
1 services and a cost proposal; and
2 WHEREAS, Consultant is willing to render such professional
3 services as hereinafter defined.
4 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
5 FORTH HEREIN:
6 1. SCOPE OF SERVICES.
7 Consultant shall perform all requested services in their
8 entirety as outlined in its Proposal which is attached hereto and
9 incorporated by reference as Exhibit A.
1,0 The services to be performed by Consultant for the Used Oil.
11 Block Grant as outlined in the Proposal areas follows: Task 1 -
12 Community Outreach; Task 2 - School Outreach/Year 2010 Used Oil Artwor k
13 Contest and Poster; and Task 3 - Grant Administration and Project
14 Management..
15 The services to be performed by Consultant for the Department
16 of Conservation Recycling Grant as outlined in the Proposal are as
17 follows: Task 1 - Earth Day Recycling Competition at Vernon City
18 School; and Task 2 - Earth Day Community Outreach.
19 It is understood and agreed that in the event of a conflict
20 between the Proposal and this Agreement, the terms of this Agreement
21 shall prevail.
22 2. TIME OF PERFORMANCE.
23 The term of this Agreement shall begin on July 1, 2009 and
24 shall end on June 30, 2010, unless otherwise terminated or extended.
25 3. COMPENSATION.
26 A. Fee for Services-Used Oil Block Grant. City shall
27 compensate Consultant, for the services performed in connection with
28 the Used Oil Block Grant under this Agreement, a total sum not to
- 2 -
1 exceed Five Thousand Dollars and No Cents ($5,000.00).
2 B. Fee for Services-DOC Recycling Grant. City shall
3 compensate Consultant, for the services performed in connection with
4 the Department of Conservation ("DOC") Recycling Grant under this
5 Agreement, a total sum not to exceed Five Thousand Dollars and No Cents
6 ($5,000.00).
7 C. Other Expenses. Other expenses may be billed but
8 only if such other expenses have been given advance approval in writing
9 by the. City Administrator, or his designee. Such other expenses
10 include, but are not limited to, air fares, hotels, motels, video and
11 subcontract charges.
12 4. METHOD OF PAYMENT.
13 Within thirty (30) days after the last day of any-month in
14 which services have been performed or costs incurred hereunder, the
15 Consultant shall submit an invoice to the City stating the amount due
16 to the Consultant. Invoices shall contain an itemization of the tasks
17 and subtasks performed,. directly related job expenses, subcontractor
18 charges incurred by-the Consultant for which compensation is due, and
19 an estimate of the percentage completed for each milestone, task or
20 subtask. Consultant shall be responsible for paying any subcontractors.
21 used in the performance of this Agreement. Subcontractors shall not
22 bill the City directly.
23 Payment of the invoice shall be made after acceptance and
24 approval by the City within thirty (30) days of receipt. The City's
25 approval of the invoice shall not be unreasonably withheld.
26 5. INDEMNITY AND INSURANCE.
27 A. Indemnification. Consultant shall indemnify,
28 defend, protect and hold City and its officers, agents and employees,
_ 3 _
1 free and harmless from, and against any and all claims, demands, losses,
2 damages, liabilities, fines, charges, penalties, orders, judgments and
3 all costs and expenses incurred in connection therewith, including
4 reasonable attorney's fees and costs of defense arising, directly or
5 indirectly, in whole or in part, out of the negligent or wrongful acts
6 of Consultant or its subcontractors, employees or agents in the
7 performance of services under this Agreement, except to the extent
8 arising from or caused by the sole active negligence or willful
9 misconduct of the City, its officers, agents or employees.
10 B. Insurance. Prior to commencing work hereunder,
11 the Consultant shall provide the ,City with proof of insurance
12 providing and maintaining the coverages and endorsements set forth in
13 the Insurance Schedule attached hereto as Exhibit ~~B" and made a part
14 hereof by reference. Said proof of insurance shall also provide that
15 said policy or policies shall not be canceled or materially reduced in
16 coverage without giving at least thirty (30) days prior written notice
17 to the City. If Consultant fails to provide proof of insurance
18 coverage as specified. above, City may, at its .sole discretion,
19 terminate this Agreement immediately.
20 Consultant shall not permit a subcontractor or vendor
21 to perform work on City premises unless and until a certificate of
22 insurance is obtained showing that such subcontractor or vendor has
23 worker's compensation coverage. If Consultant employs subcontractors
24 as part of the. services rendered, Consultant's protective coverage is
25 required. Consultant may include all subcontractors as insureds under
26 its own policy or shall furnish separate insurance for each
27 subcontractor, meeting the requirements set forth herein.
28 / / /
- 4 -
1 6. CONFIDENTIAL INFORMATION.
2 A. Access to Confidential Information. City may
3 provide Consultant and/or subcontractors with, or allow Consultant
4 access to, certain information not available to the public concerning
5 City, or businesses located in City. The information may include
6 company information, taxes, sales, value of assets, or other such
7 information. All such information shall be known as "Confidential
8 Information" and may not be used to circumvent the responsibility of
9 either party to this Agreement.
10 B. No Disclosure. Except as expressly permitted,
11 Consultant and/or its subcontractors shall not disclose,-permit the
12 disclosure of, release, disseminate, or transfer, whether orally or by
13 any other means, any part of such Confidential Information to any other
14 person or entity, whether corporate, governmental, or individual,
15 without the express prior written consent of an authorized
16 representative of City. Consultant and/or its subcontractors shall
17 return any written Confidential Information, and all copies made of
18 such items, to City upon City's written request, but in any event not
19 .later than the date that Consultant has performed all services to be
20 performed pursuant to this Agreement. Consultant hereby agrees that
21 such Confidential Information and any documents provided may be used by
22 Consultant and/or its subcontractors only as authorized by City.
23 Consultant shall include a contractual provision in its contract with
24 any subcontractor that binds the subcontractor to these nondisclosure
25 requirements. Consultant shall take reasonable measures to avoid any
26 disclosure of any such Confidential Information to any unauthorized
27 person.
2 8 / /
- 5 -
1 C. Court Ordered Disclosure. Consultant shall
2 immediately notify the City of any court order or subpoena requiring
3 disclosure of Confidential Information, and shall cooperate with legal
4 counsel in the .appeal or challenge of any such order or subpoena.
5 Consultant may only disclose Confidential Information required to be
6 disclosed pursuant to court order or subpoena after legal counsel has
7 exhausted any lawful and timely appeal or challenge.
8 D. Remedies. In addition t o any other remedies that
9 it may have at law or in equity, the City shall be entitled to a
10 temporary and permanent injunction by a court of competent jurisdiction
11 against any breach or threatened breach of the Confidential Information
i2 provisions of this Agreement. Consultant acknowledges that incase of
13 such breach or threatened breach of said provisions, City would have no
14 adequate remedy at law.
15 7. GENERAL PROVISIONS.
16 A. Independent Contractor. At all times during the
17 term of this Agreement, Consultant shall be an independent contractor
18 and shall not be an employee of the City. City shall have the right to
19 control Consultant only insofar as the results of Consultant's services
20 rendered pursuant to this Agreement; however, City shall not have the
21 right to control the means by which Consultant accomplishes services
22 rendered pursuant to the Agreement except to the extent that such
23 services involve the use of City property or Confidential Information.
24 B. Consultant Not Agent. Except as City may specify in
25 writing, Consultant shall have no authority, express or implied, to act
26 on behalf of City in any capacity whatsoever as an agent. Consultant
27 shall have no authority, express or implied, pursuant to this Agreement
28 to bind City to any obligation whatsoever.
- 6 -
1 C. Governing Law. The validity, interpretation and
2 performance of this Agreement shall be controlled and construed under
3 the laws of the State of California as enacted and in force at the time
4 this Agreement is fully executed.
5 D. Products of Consulting. All products of consulting
6 services with the exception of computer software that may be developed
7 by Consultant, shall become the property of City and shall be delivered
8 to City before the end of the performance of this Agreement. However,
9 computer software shall remain the property of Consultant., except for
10 City's continued right to use said software at no extra cost.
11 E. Assignment Prohibited. No party to this Agreement
12 may .assign any right or obligation pursuant to this Agreement except
13 with the express written consent of the other party. Any other
14 attempted or purported assignment of any right or obligation pursuant
15 to this Agreement shall be void and of no effect.
16 F. Termination. This Agreement may be terminated by
17 City without cause on fifteen (15) days written notice to Consultant.
18 Upon termination of this Agreement, all property belonging to City-
19 which is in the Consultant's possession, shall be returned to City.
20 Consultant shall furnish to City a final invoice for work performed and
21 expenses incurred by Consultant, prepared as set forth in Section 4 of
22 this Agreement. This final invoice shall be reviewed and paid in the
23 same manner as set forth in Section 4 of this Agreement.
24 / / /
25 / / /
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: CITY ADMINISTRATOR
4 4305 SANTA FE AVENUE
5 VERNON, CA 90058-08.05
6 CONSULTANT: KEVIN SALES, dba KJ SERVICES
9020 HORNBY AVENUE
~ WHITTIER, CA 90603
8 H. Entire Agreement. .This Agreement constitutes the
9 complete .and final expression of the agreement of the parties and is
10 intended as a complete and exclusive statement of the terms of their
11 agreements and supersedes all prior 'and contemporaneous offers,
12 promises, representations, negotiations, discussions, communications
13 and agreements which may have been made in connections with the subject
14 matter hereof. All exhibits are incorporated by reference. Consultant
15 represents that in entering into this Agreement, it has not relied on
16 any previous representations or understandings of any kind or nature.
17 I. Benefit of Agreement. This Agreement shall bind
18 and benefit the parties hereto and their heirs, successors, and
19 permitted assigns.
20 J. Amendments. All changes or modifications to this
21 Agreement shall be in writing stating that it is an amendment to this
22 Agreement and shall be signed by both parties or their duly authorized
23 agents. This Agreement shall not be modified through course of
24 dealing, usage or trade.
25 K. Forum Selection. Any action brought relating to
26 this Agreement shall be brought and-held exclusively in a State Court
27 in the County of Los Angeles, California.
28 L. Recitals. All recitals are incorporated by
- 8 -
1 reference.
2 M. Waiver. Any waiver at any time by either party of
3 its rights with respect to a default under this Agreement, or with
4 respect to any other matters arising in connection with this
5 Agreement, shall not be deemed a waiver with respect to subsequent
6 default or other matter.
7 N. Force Majeure. Neither Party shall be considered
8 in to be in default in any of its obligations under this Agreement
9 when a failure of performance shall be due to an uncontrollable force.
10 The term "uncontrollable force" shall mean any cause beyond the
11 control of the party affected, including, but not restricted to,
12 flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil
13 disturbance or disobedience, labor dispute, labor material shortage,
14 sabotage, federal, state, or municipal action., statute, ordinance, or
15 regulation, embargoes of the United States Government or any other
16 .government, which by exercise of due diligence such party could not
17 reasonably have been expected to avoid and by exercise of due
18 diligence has been unable to overcome. Either party rendered unable
19 to fulfill any of its obligations under this Agreement by reason of an
20 uncontrollable force, shall give written notice within five (5)
21 business days of such fact to the other party and shall exercise due
22 diligence to remove such inability with all reasonable dispatch.
23 O. Arbitration. The parties agree that any and all
24 disputes arising out of or in relation to this Contract, including
25 without limitation any action in tort, shall be resolved exclusively,
26 finally and conclusively by arbitration in Los Angeles County,
27 California under the auspices of and pursuant to the rules of the
28 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will
9
1 select an arbitrator. Those two arbitrators will then select a third.
2 The three-member panel will make the final decision. All decisions of
3 the arbitrators shall be in writing, and the arbitrators shall provide
4 written reasons for their decision. The arbitration decision shall be
5 final and binding on the parties.. Notwithstanding the foregoing, the
6 parties shall be permitted to access the court system to enforce any
7 arbitration award or to obtain injunctive relief. The exclusive
8 jurisdiction and venue for any such action shall be the Superior Court
9 of California, Los Angeles County. Any and all contracts between
10 Consultant and any subcontractor relating to this Agreement shall
11 include the same arbitration clause.
12 IN WITNESS WHEREOF, the City and the Consultant have executed
13 this Agreement by and through their authorized officers as of the date
14 first hereinabove set forth.
15 CITY OF VERNON
16 By : ~~~s~-~~
17 Hilario Gonzales-
Name:
18
Title: Mayor
19 ATTEST:
20
21 T
22 M N ELA GIRON, C'ty Clerk-
23
APPROVED AS TO FORM:
24
25 JE A HARRISON, City Attorney
KEVIN SA , _ KJ SERVICES
2 6
2 7
By:
N SALES
28 Title: ole Proprietor
- 10 -
EXHIBIT A
- RE~E1'~'~~
ervlces Z ~ z
'ENVIRONMENTAL H~.f~~ln
CONSULTING ~EPARTMEfV'~
(ZI:C.YCLING FROGRAMDI=SIGN • ~UflLIC EDUCi1TION & nUYftLACfi • GRANT WRITING & ADMINISTRATION • AB93~ iMPIFMCNTA7IC)N~r COMhLIANCr
May 21, 2009.
1VIr. 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
2009 - 2010 grant year. Fortunately, the State's current fiscal situation is not affecting the
City of Vernon's grant allotment.. 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 will continue. the successfixl
Earth.-Day outreach that-began two years ago.
All of us at KJServices look .forward to continuing our relationship with the City of
Vernon in the upcoming fiscal year:...
Sincerely,
ul Sale-
Princi
902.0 Hornby Ave., Whittier, CaliforrtiC7 90003 Gh (S62) 944-4766 fax (5G2) 944-3267 email K)ServCUaol;cc~m
Used Oil Block Grant
The City of Vernon will receive $5,000 of Used Oil Block Grant funding. for the 2009 - ,
2010 grant year.
Based on this available budget, KJServices proposes the following tasks to be performed
under the Used Oil Block grant:
Task #1- Community Outreach. - $1,050
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 participate at the Vernon Health Fair on August 20th
At .each. of this event KJServices staff will. 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 will distribute. used oil- recycling
.kits and promotional items. Staff will -also be on hand to answer any questions from
community members.
T{JServices 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 approvedby the City's grant manager prior to purchase..
Cost - S his _@,;$80/hr = $400
PYOmotional materials - $650
Task #B -School Outreach /Year 2010 Used Oil Artwork Contest & Poster - $3,310
KJ Services will once again work with the. Vernon City School to hold a Used Oil
Artwork Contest and will develop a Year 201.0 Used Oil Calendar/ Poster using Vernon
School student artwork.
As we have done for the pastll years, KJS staff will go out to the school and give used
oil recycling presentations to the'St'' 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 2010 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 fore 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 wilLcoordinate 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 - 72 hours @ $80/hr = $960
Poster /Calendar design and printing (qty S00) - $2, 350
- Task #3 --Grant Administration and Proiect Management- $640
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 - 8 hrs @ $80/hr = -$640.
DOG Recycling Grant
The City of Vernon will receive $5,000 of Department of Conservation Recycling :Grant
funding for the-2009 - 2010 grantyear.
Based on an available-budget of $5,000 KJServices proposes the following tasksto be
performed under the DOC Recycling Grant grant:
Task #1-Earth Day RecycGn~ Competition at Vernon City School - .$2500
The City of .Vernon -will invite -the Vernon City .School to participate. in-the City's
inaugural Ear th Day Recycling Competition. The school. will be invited to collect CRV
plastic bottles and aluminum cans for recycling during the couple of weeks prior to Earth..
.Day. All students will compete by grade level: The grade level that collects the greatest
amount of recyclables, by weight, will. be declared the winner. The winning grade level
will be recognized with an appropriate prize to be determined later (a Pizza Party or an Ice
Cream Party after lunch for example). All participating students will receive a recycling
promotional item made from recycled materials.
The Vernon City School will receive ALL proceeds from the collected recyclables
Before the competition begins; KJServices .staff will give. a brief presentation to the
students during that assembly as a means of introduction for the. competition. The basic
competition details are as follows:
• The City will provide the school-with a flyer listing the assigned collection date and the
types of recyclables-that are acceptable for the Recycling Competition. The flyer will
need to be copied and sent home with all students-prior to the competition:
~ The City wi1L purchase and distribute. Recycling Bags to all students beginning two
weeks before the scheduled- collection day (maximum. of two bags per student).
• The students will be instructed to collect the recyclables during the two weeks -and
bring the filled bags back to school on a designated; day .during Earth Day week
(during Apri12010).
• KJServices-staff will be at school on the. morning of t11e designated collection day to
collect the recyclables from .the students, mark each -bag with the grade level and
separate them into appropriate groups: The staff will process the recyclables, then
..immediately take them to a local redemption center where- they will be redeemed for
cash.
Cost -Recycling collection bags - $300
Recycling collection and processing- $2000 (25 hrs @ $80/hr)
Recognition party for the grade -level that collects the most recyclables - $200
Task #2 -Earth Day Community Outreach - $2500
Based on the success of -this past year's -Earth Day outreach event, KJServices staff will.
conduct a similar event in celebration of Earth day 2009. As we did this year, KJS staff
will identify a high. traffic location in the City of Vernon and setup an.Earth Day
celebration and information booth .that. will distribute recycling-themed promotional
materials and information to workers in the City: '
The promotional -item. will be something- useful and reusable (such as this past year's
insulated lunch bag). The bag will be filled with information about. recycling resources in
the City of Vernon and the surrounding communities.
Our. staff will.-setup at a location in the City on Earth Day and will .distribute. the
promotional items -and information for a three to four hour period (or as long. as the
materials last).
Cost a-15 hrs @ $80/hr - $1200
Materials - $1300
EXHIBIT B
~ f ~
1 EXHIBIT B
2 INSURANCE SCHEDULE (CONSULTANT)
3
Consultant shall provide proof of insurance, including but not limited to, a standard original certificate of
4 insurance, in at least the following amounts and coverage (combined single limit permitted):
5 I. Coverage and Limits
6 Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
7
Automobile Liability
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
9 Hired Automobiles $ 500,000 $1,000,000 $ .500,000
Non-Owned Automobiles $ 500,000 $1,000,000 $ 500,000
10 Workers' Compensation. $ Statutory
Employers' Liability $1,000,000 per employer
11
12 II. Liability
General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations - $1,000,000 $2,000,000 $1,000,000
Elevators (If Applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1;000,000 $2,000,000 $1,000,000
15 Products -Completed Operations $1,000,000 $2,000,000 $1,000,000:.
Contractual Liability $1,000,000 $2,000,000 $1,000,000 -
16 Professional Liability $2,000,000 $2,000,000 $2,000,000
17 a . The general liability policy shall contain the following special endorsements which shall be noted
18 on or attached to the standard certificate of insurance:
19 1. An original endorsement naming the City of Vernon, its officers, and employees as additional
insureds under the policy.
2 0 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
21 reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement and specifying the
2 2 activities covered.
4. Such other endorsement as may be required by City.
2 3 5. A copy of your general and professional insurance policy declarations page.
6. A copy of schedule of forms of endorsement.
24
2 5 b• In addition to the above, the Consultant shall provide such further proof of insurance
documentation as the City deems necessary.
26
27
28
EXHIBIT
~ ~ f'"
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Vii. a-L
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
June 3, 2009
VIA U.S. MAIL
Mr. Kevin Sales
KJ Services
9020 Hornby Avenue
Whittier, CA 90603
Re: Agreement for Professional Consulting Services
Dear Kevin:
Enclosed please find two duplicate originals of the aforementioned
Agreement, which need. to be signed by the appropriate parties and
returned to the City, to the attention of Judy Lehr, City Attorney
Department, as soon as possible.
Once the originals are executed by the City, one fully executed
original will be returned to you for your files..
Please refer to the enclosed "City of Vernon Signature Requirements
for a Corporation for. All City Agreements and Contracts" and comply
with the requirements set forth therein.
Sincere ,
7~"~
f Harrison
ity A torney
JH:em ,
Enclosures
cc: Ms, Nelly Giron, City Clerk (w/o encls.) (Resolution No. 9979)
E.~clusiveCy IndustriaC
Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Monday, June 08, 2009 8:08 AM
To: Juarez, Debbie
Subject: RE: Insurance Inquiry -Kevin Sales, dba KJ Services -Approved through Res.. No. 9979 6/8/09 ,
Yes, current insurance on file.
Have a good Monday!.
Ana Barcia
City of Vernon.
Risk Management Department
T: 323) 583=881 Lex 286
F: 323) 826-1439
ab arc i a~ ci . Vern on. ca. us
From: Juarez, Debbie
Sent: Monday, June 08, 2009 8:07 AM
To: Barcia, Ana -
Subject:.Insurance Inquiry -Kevin Sales, dba KJ Services -Approved through Res. No, 9979 6/8/09
Hi Ana. Please let me knovv if you heave insurance on file for the above-referenced. Thank you.
1~e6oraFi Suarez
records 9VLanagementAssistant
- City of Vernon -City CCerk's Office
4305 Santa rFe Avenue
.Vernon, CA 90058
(323 583-8811
6/8/2009
~~g C~~
'S~ OF~v"E~~O ~ ~ C4 w
y~ `L - - _ - - _ _ _ _ _
~
~rDtO G'~,po, R~,P APPROV ~ F ~FON
9
B~V~LY INDJ
HEALTH & ENVIRO~IMENT~L CONTROL
DATE: May 26, 2p09
TO: Mayor and City Council
FROM: ..F:' Lewis Pouebon, Director I Health Officer
RE: ~ Request for Authorization to Continue Used Oil and Beverage
Container Consulting Services
Since 1998, Kevin Sales, DBA: KJServices (KJS) has assisted our department in
applying for and administering two State grant programs, the Used Oil Recycling Grant
Program (authorized by the California Integrated Waste Management Board) and the
Beverage Container Recycling Program (authorized by the California Department of
Conservation). The City annually applies for and receives $5,000 for each grant
program. The grant funds are used to improve the public's awareness in Vernon and in
the surrounding communities of used oil recycling opportunities and to encourage the
collection and recycling of plastic, metal, and glass beverage containers. The services
performed by KJS are paid with grant funds.
KJS has submitted a proposal (attached) to conduct used oil and beverage container
recycling activifiies for 2009-10, including the Used Oil Calendar Contest 'with the
Vernon Elementary School. Based on the continuing favorable performance of KJS, 1
am requesting the City Council's approval of the KJS 2009-10 proposal.
Please let me know if you have any questions or additional information is needed.
Attachment
Xc: City Attorney
f'
- - pF VER
- - - _ - _ - ~'t e~h 0 r?-7~-:~
o~ '6
4
r4mhelY ~NOV9R
H®'~Itl~ end Env~ronm®ntadl
Control IC3esaartm®nt
To: Donal O'Callaghan, City Administrator ~
rom: Lewis Pozzebon, Director /Health Officer
Date: May 27, 2009
Re: Request For City Council Considerat~n of Used Oil and Beverage Container
Recycling Consu~ing Services Proposal ~/~Y 2 S 2009
IERK'S OFFICE
Attached are documents related to the referenced action for the City to continue to
utilize KJServices, as a consultant, for .the Used Oil and Beverage Container
Recycling. Grant Programs. The documents include:
• a staff report,
• a proposal from KJServices to continue to manage and implement the City's
Used Oil and Beverage Container Grant Programs, and
• er'nail confirming City Attorney's review of the proposal.
Following your review and authorization, please forward these documents to the City
Clerk far scheduling a City Council agenda item to consider approval of the
KJServices proposal.
Please let me know if additional information is needed.
"thank you.
Attachment
Lp/mydoGAdmiNmemo/AdminCouncilreview used oil
I~ECEIVEII~
MAY 2 7 2009
BY:
CITY OF VERNON
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
CHANGE ORDER NO. 1 SUPPLEMENT NO. _ SHEET _ OF _ SHEETS
PROJECT: Used Oil Consulting Agreement P.O. NO. 011.0004232
TO: KJ Services CONTRACTOR
REQUESTED BY: Contractor
You are hereby directed to-make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Provide the following services:
Complete Final Report for Submission to California Department of Resource Recycling
TOTAL CHANGE ORDER AMOUNT NOT TO EXCEED $600.
Contract Amount (Base Bid) $ 5,000.00
Amount of This Change Order $ 600.00
Amount of Previous Change Orders $ 0
Total Change Orders $ 600.00
Modified Contract Amount $ 5,600.00 _
By reason of this change order the time of NO17~e~*
completion will be adjusted as follows:
Approved: Date: 1/14/2010
irect f Healt 'ronmental Control
Attest• date:
We, the undersigne ~ ontractor, ave given ~ nsi era ion o e c ange propose an ere y agree, ~ this proposa is approve , a we wt provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all serd n cessary for rk above specified, and
will accept as full payment therefore the prices shown ab1ove.
Accepted Date: / r-l ~ G >D Contractor:
By; ~ .~JJ.~ S~ S Title: (,.~v-~' C~~G A-'~ - ~
S a-C J ~G.,~2_ S
c: Project File/Contractor/Purchasing