Resolution No. 100782
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RESOLUTION NO. 10,078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL.
SERVICES BY AND BETWEEN THE CITY OF VERNON, DADE
MOELLER & ASSOCIATES, INC. AND FILTROL CORPORATION
WHEREAS, on February 4, 2008, the City Council of the City
of Vernon adopted Resolution No. 9545 approving an Agreement for
Professional Services (the "Agreement"), by and between the City of
Vernon ("City"), Dade Moeller & Associates, Inc. ("Dade"), and Filtrol
Corporation ("Filtrol"), under which Dade provides third party
oversight for remediation of Filtrol's former site at 3305 Bandini
Boulevard; and
WHEREAS, the City, Filtrol and Dade desire to amend the
Agreement; and
WHEREAS, Filtrol is responsible for payment and costs of the
third party environmental oversight; and
WHEREAS, by a memorandum dated September 29, 2009, the
Director of Health and Environmental Control has recommended that the
City Council of the City of Vernon approve the execution of Amendment
No. 1 to the Agreement.
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (b)(1) and
(7) of Section 2.27 of the Vernon City Code, it is in the public
interest and necessity to approve Amendment No. 1 to the Agreement
with Dade and Filtrol to provide third party oversight of the
radiological remediation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves Amendment No. 1 to the Agreement by and between City, Dade
and Filtrol, 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 or Mayor Pro-Tem to execute Amendment No. 1 for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a fully executed
Amendment to:
Dade Moeller & Associates, Inc.
1835 Terminal Drive, Suite 200
Richland, Washington 99354
And
Filtrol Corporation
8939 S. Sepulveda Boulevard, Suite 110-1012
Los Angeles, CA 90045
- 2 -
1 SECTION 6: The City Clerk of the City of Vernon shall
2 certify to the passage, approval and adoption of this resolution, and
3 the City Clerk of the City of Vernon shall cause this resolution and
4 her certification to be entered in the Book of Resolutions of the
5 Council of this City.
6 APPROVED AND ADOPTED this 19th day of October, 2009.
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9 Name: W. Michael McCormick
10 Titlea M- ,, Mayor Pro -Tern
11 ATTEST:
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13 MANUELA GIRON, qity Clerk
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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. 10,078, was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Monday,
October 19, 2009, and thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this day of October, 2009, at Vernon, California.
(SEAL)
MANUELA GIRON,.City Clerk
- 4 -
EXHIBIT A
AMENDMENT NO. 1 TO AGREEMENT
FOR PROFESSIONAL SERVICES
This Amendment No. 1 to that certain Agreement for Professional Services dated March
13, 2008 (the "Agreement"), is made as of _, 2009, by and between the City
of Vernon, a California charter city and municipal corporation ("the City"), Dade Moeller &
Associates, Inc., Consultants ("Moeller"), and Filtrol Corporation, a Delaware corporation
("Filtrol").
WHEREAS, the City, Moeller and Filtrol are parties to a written Agreement dated March
13, 2008, under which Moeller provides third parry oversight for remediation of Filtrol's former
site at 3305 Bandini Boulevard, and Filtrol is solely responsible for paying the cost of the
oversight; and
WHEREAS, the City, Moeller and Filtrol desire to amend the Agreement to increase the
hourly rate for Moeller's services from $150 per hour to $160 per hour, to add a termination date
for the Agreement of September 30, 2010, to substitute Mr. William Kennedy for Dr. Arthur
Desrosiers as one of Moeller's consultants at an hourly rate of $190.00 per hour, and to increase
the expense rate from 12% to 13.1%.
NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:
1. Section 22 of the Agreement is hereby amended to read in its entirety as follows:
"22. Contract Term. This Agreement shall commence beginning on the date of
execution by all the parties and expire on September 30, 2010, unless
terminated earlier in accordance with Section 21 hereinabove."
2. Section 2. of Compensation, in the Scope of Services (letter dated January 9,
2008 addressed to Mr. Lewis Pozzebon and signed by Arthur Desrosiers Sc.D. CHP) attached to
the Agreement as Exhibit A is hereby amended to read in its entirety as follows:
"2. Hourly rates:
a. Mr. Tracy Ikenberry, CHP, $160.00 per hour for all hours worked,
b. Mr. William Kennedy, $190.00 per hour for all hours worked,
c. Expenses at cost plus 13.1%."
3. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
4. This Amendment No. 1 is executed in duplicate originals, each of which is
deemed to be an original for all purposes.
5. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 1 and shall
supercede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 1.
6. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date
stated in the introductory clause.
City of Vernon
Dade Moeller & Associates, Inc., Consultants
1835 Terminal Drive, Suite 200
Richland, WA 99354
By:
By: Name:
HILARIO GONZALES
Mayor Title:
ATTEST: By:
Name:
Title:
MANUELA GIRON, City Clerk
APPROVED AS TO FORM:
Filtrol Corporation, a Delaware corporation
8939 S. Sepulveda Boulevard
Suite 110-1012
Los Angeles, CA 90045
LAURENCE S. WIENER, City Attorney
By:
Name:
Title:
By:
Name:
Title:
K
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 21, 2009
TO: Lewis Pozzebon, Director of Health & Environmental Control
FR 01,111,
Nelly Giron, City Clerk
RE: Resolution No. 10,078 — A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of Amendment No. 1 to the Agreement
for Professional Services By and Between the City of Vernon, Dade Moeller &
Associates, Inc. and Filtrol Corporation
Transmitted herewith is a copy of Resolution No. 10,078, referenced above, which was approved
by City Council on October 19, 2009, along with two partially executed original amendments for
your transmittal.
Upon execution, please ensure that a fully executed original amendment is returned to this office.
Thank you.
NG:dj
Resolution No. 10,078
Agreement 09-122
DATE: October 14, 2009 C-4i
TO: Honorable Mayor and City Council
FROM: Lewis Pozzebon, Director / Health Officer
RE: Request for Authorization to Increase Hourly Rate for Professional Services
Work Related to Oversight of Radiological Contamination. Clean-up and to Add
Termination Date to Agreement for Professional Services
BACKGROUND
On February 4, 2008, the City Council approved Resolution No. 9545 (attached) which
approved an agreement for professional services with Filtrol Corporation (Filtrol) and Dade
Moeller & Associates (Moeller). Filtrol is currently conducting hazardous materials
remediation at its former site on Bandini Boulevard which includes low level radiological
clean-up. The agreement's terms specify that Moeller provide third party oversight of the
radiological clean-up for the City at an hourly rate of $150 per hour. The agreement also
includes provisions that the cost of the oversight is paid entirely by Filtrol. Although the
agreement was approved in February 2008, the actual radiological remediation work did not
start until the middle of 2009 and is continuing through the end of the year,
On September 8, 2009, the City received notification from Moeller that their contractual
agreement to the hourly rate was expiring on September 30, 2009 (attached). After
discussions with Filtrol and Moeller, we have determined that the City needs Moeller's
services for an additional ninety (90) days. On September 22, 2009, Moeller submitted a
proposal for continuation of health physicist support at an hourly rate of $160 per hour
effective through September 30, 2010(aftached). Moeller has also requested the
replacement of Dr. Arthur Desrosiers with William Kennedy.
FISCAL IMPACT:
There will be no fiscal impact on the City as Filtrol is responsible for payment of the costs of
the third party environmental oversight. In addition, Filtrol has agreed to the hourly rate and
expense increases (attached).
CEIVED
OCT 1 3 2009
BY: ►a :,�
RECOMMENDATION:
Based on the need for the City to receive third party environmental oversight for the
radiological clean-up of the former Filtrol site, I am requesting the City Council consider
authorization of the approval of Amendment No. 1 to Agreement for Professional Services to
increase the hourly rate for Moeller from $150 per hour, to $160 per hour, insertion of Mr.
William Kennedy at an hourly rate of $190, increase the expense rate to 13.1 %, and to add a
termination date of September 30, 2010 at the City Council meeting on October 19, 2009.
Attachments
Lp/myd oc/adm in/finance/dademoel lerstaffreport
OF vR
c Io11A
me
o
�<Gs�1'ELY INOVSM1
Health and Environmental
Control Department
To: D nal O'Callaghan, City Administrator
From evvis Pozzebon, Director /Health Officer Q �( REVISED from September 29, 2009
Date ctober 14, 2009
Re: Request for City Council Approval of Amendment No. 1 to Agreement for Professional Services for Third
Party Environmental Review Costs
On February 4, 2008, the City Council adopted Resolution No. 9545 which approved an agreement for
professional services with Filtrol Corporation (Filtrol) and Dade Moeller & Associates (Moeller). Filtrol is
currently conducting hazardous materials remediation at its former site on Bandini Boulevard which includes
low level radiological clean-up. The agreement's terms specify that Moeller provide third party oversight of the
radiological clean-up for the City at an hourly rate of $150 per hour. The agreement also includes provisions
that the cost of the oversight is paid entirely by Filtrol. Although the agreement was approved in February
2008, the actual radiological remediation work did not start until the middle of 2009 and is continuing through
the end of the year.
On September 8, 2009, the City received notification from Moeller(attached) that the hourly rate for services
needed to be increased. Dade Moeller requested an increase of $10 per hour. The increase is reasonable
considering the unexpected length of time to initiate and complete the project. After discussions with Filtrol
and Moeller, we have determined that the City needs Moeller's services for an additional ninety (90) days.
However, after legal review by the City Attorney (attached), Amendment No. 1 to the Professional Services
Agreement (attached) has been drafted to add a termination date of September 30, 2010 and set a new hourly
rate of $160.00 per hour. On September 22, 2009, Moeller submitted a proposal for continuation of health
physics support at an hourly rate of $160 per hour. Moeller has also requested the substitution of William
Kennedy for Dr. Desrosiers at an hourly rate of $190 and an increase in the expenses rate from 12% to 13.1 %.
There will be no fiscal impact on the City as Filtrol is responsible for payment of the costs of the third party
environmental oversight. In addition, Filtrol has agreed to the hourly rate and expenses increases.
Based on the need for the City to receive third party environmental oversight for the radiological clean-up of
the former Filtrol site, I am requesting your concurrence with the forwarding of the attached staff report and
related documents for the City Council to consider authorization of the approval of Amendment No. 1 to
increase of the hourly rate for Moeller from $150 per hour to $160 per hour, expense rate increase from 12%
to 13.1 %, change of consultant representative, and to set a termination date of September 30, 2010 at the City
Council meeting on October 19, 2009.
Please let me know if you need additional information.
Attachments
Lp/mydoc/Admin/memo/City Admin Third Party Hourly Rate
REC 4 IVED
0 C T 1 3 2009
rDade Moeller
chi Assoc atesO
September 22, 2009
Mr. Lewis Pozzebon
Director/Health Officer
City of Vernon
Health & Environmental Control Dept.
4305 Santa Fe Ave
1835 Terminal Drive, Suite 200
Richland, Washington 99354
(509) 946-0410
www.moellerinc.com
Vernon, CA 90058
Re: Continuation of Certified Health Physics Support for Filtrol Bandini Site Remediation
Dear Mr. Pozzebon:
Dade Moeller & Associates is pleased to provide you with this proposal for a no -cost extension to our
contract with the City of Vernon to provide Certified Health Physicist (CHP) support to the City in
oversight of the remediation work ongoing at the Akzo Nobel/Filtrol site on Bandini Avenue. Support
will continue to be provided by Mr. Tracy Ikenberry, CHP..
As agreed per City Council Resolution No. 9545 in February, 2008, our agreement was extended through
9/30/09 and Dade Moeller & Associates reserved the right to revisit Mr. Ikenberry's rate at the end of the
federal fiscal year. Since Mr. Ikenberry's rate was not escalated at the anniversary date or our agreement.
I would like to propose a rate of $160.00 per hour for continued CHP support, effective 10/1/09 through
9/30/2010, with all other terms and conditions remaining unchanged.
Exhibit A of our agreement fully executed on 3/13/08 provided a funding ceiling not to exceed
$72,720.00. As of 8/28/09, $13,850.58 has been expended so there is no need for additional funding.
Should the work continue into 2010, the insurance rider will automatically renew and be billed per our
agreement.
If this proposal is acceptable, please so indicate by signing in the space provide and returning a copy of
this extension to me via email. Thank you for your time.
Sincerely,
�—torl Beeler
Contract Specialist
Dade Moeller & Associates
lbeeler@moellerinc.com
moellerinc.eom
Signature Date
Name Title
Specializing in Occupational and Environmental Health Sciences
Acton MA Augusta GA Austin TX Cincinnati OH Fairfax VA Gaithersburg MD Idaho Falls ID t.as Vegas NV New Bem NC Rlc6nd WA
COST PROPOSAL
Dade Moeller & Associates, Inc.
Customer : City of Vernon
Request for Proposal No.: Extension through 12/31/09
Cost Proposal Date: 9/22/09
Description: Continuation of Tracy Ikenberry CHP Support
Cost Summary
Personnel
FY2010
Billing Rate
Hours/Base
Total
Task 1: CHP Support Filtrol Bandine Site Remediation
Certified Health Physicist Tracy lkenberry, CHP
$ 160.00
80
$ 12,800.00
Total Estimated Dade Moeller Labor
80
$ 12,800.00
Other Direct Costs:
Rips -
One trip
$ 800.00
1
$ 800.00
G&A (Applied to ODC's Only)
$ 104.80
Total Estimated ODC's
$ 904.80
Total Estimated Labor and ODC's
Assumptions: Work will be complete by 12/31/09. If work continues into 2010
the insurance rider will be renewed and billed at approximately $3,800.00.
$ 13,704.80
Akzo Nobel Inc.
October 30, 2009
525 West Van Buren Street
Chicago, IL 60607-3835
United States
Mr. Lewis Pozzebon
Director, Environmental Health Department
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
T +1 312 544 7000
www.akzonobel.com
Re: Amendment No. 1 to Agreement for Professional Services
Dear Mr. Pozzebon:
AlczoNobel
Tomorrow's Answers Today
REOEwE°
Nov 0
OEP RTW NT
Enclosed please find a fully executed original of the above referenced agreement being sent to
you per Lori A. Beeler's request.
Sincerely,
Vickie Purcell
Administrative Assistant
Enclosure
Memo
o: Nelly Giron, City Clerk
From: Lewis Pozzebon, Director / Health Officer
Date: 11 /3/2009
Re: Signed Amendment for Professional Services, Resolution No. 10,078
We are forwarding the enclosed signed original Amendment No. 1 to Agreement for
Professional Services between the City, Dade Moeller & Associates, and Filtrol
Corporation.
Please let me know if you have any questions, or need more information.
Enclosure
0 Page 1
AMENDMENT NO. 1 TO AGREEMENT
FOR PROFESSIONAL SERVICES
This Amendment No. 1 to that certai e ment for rofessional Services dated March
13, 2008 (the "Agreement"), is made as of , 2009, by and between the City
of Vernon, a California charter city and municipal corporation ("the City"), Dade Moeller &
Associates, Inc., Consultants ("Moeller"), and Filtrol Corporation, a Delaware corporation
("Filtrol").
WHEREAS, the City, Moeller and Filtrol are parties to a written Agreement dated March
13, 2008, under which Moeller provides third party oversight for remediation of Filtrol's former
site at 3305 Bandini Boulevard, and Filtrol is solely responsible for paying the cost of the
oversight; and
WHEREAS, the City, Moeller and Filtrol desire to amend the Agreement to increase the
hourly rate for Moeller's services from $150 per hour to $160 per hour, to add a termination date
for the Agreement of September 30, 2010, to substitute Mr. William Kennedy for Dr. Arthur
Desrosiers as one of Moeller's consultants at an hourly rate of $190.00 per hour, and to increase
the expense rate from 12% to 13.1 %.
NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows:
Section 22 of the Agreement is hereby amended to read in its entirety as follows:
"22. Contract Term. This Agreement shall commence beginning on the date of
execution by all the parties and expire on September 30, 2010, unless
terminated earlier in accordance with Section 21 hereinabove."
2. Section 2. of Compensation, in the Scope of Services (letter dated January 9,
2008 addressed to Mr. Lewis Pozzebon and signed by Arthur Desrosiers Sc.D. CHP) attached to
the Agreement as Exhibit A is hereby amended to read in its entirety as follows:
"2. Hourly rates:
a. Mr. Tracy Ikenberry, CHP, $160.00 per hour for all hours worked,
b. Mr. William Kennedy, $190.00 per hour for all hours worked,
c. Expenses at cost plus 13.1 %."
3. Except as expressly modified by this Amendment No. 1, all provisions of the
Agreement shall remain in full force and effect.
4. This Amendment No. 1 is executed in duplicate originals, each of which is
deemed to be an original for all purposes.
5. The provisions of this Amendment No. 1 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. 1 and shall
supercede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 1.
6. The person or persons executing this Amendment No. 1 on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No.
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date
stated in the introductory clause.
City of Vernon
By:��
4vHILARIO GONZALES
T Mayor
AT EST:
'MANUELAbIkOiN, City Clerk
TO FO
S. WIENM, City Attorney
Dade Moeller & Associates, Inc., Consultants
1835 Terminal Drive, Suite 200
Richland, WA 99354
By: �A�.�
Name: —
Title:
By:
Name:'.
Title: 6 a t_An�
Filtrol Corporation, a Delaware corporation
8939 S. Sepulveda Boulevard
Suite 110-1012
Los Angeles, CA 90045
By:�
Name:
Title:�<e �ecI-
By: 21i(n�
Name: Inv at+ e� . 41kU l
Title: 45's is- Avul 7L ' � �e �'� ✓�
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