07. Award On-Call HazMat Disposal & Abatement Svcs Maint. Agmt to Ocean Blue Env. Svcs for 3-yr Term

FROM: OFFICE OF THE CITY IZANAGER
BY: EDWIN NORRIS P.E., INTERIM DIRECTOR OF PUBLIC WORKS/CITY

ENGINEER
That the City Council award an on -call hazardous materials disposal and emergency abatement services maintenance agreement to Ocean Blue Environmental Services, Inc., for a three (3) year term.

Hazardous materials management (i.e., spill response, mitigation, abatement, and disposal as well as homeless encampment clean-up) is undertaken by a combined efforl of the City of Downey Public Works Maintenance/Utilities Divisions and the Fire Department.

Public Works Maintenance staff is routinely tasked to abate various abandoned chemical products discarded into the public right-of-way; whereas, the Fire Department is assigned to emergency response for active releases of hazardous materials into the environment, specifically spills onto the City's roadways, municipal sanitary sewer system, and municipal storm water drainage system (MS4). Over the course of a calendar year, these City Departments respond to dozens of calls for mitigation, abatement, and disposal oi hazardous materials in the public right of way.

Both Federal and State regulations require that workers engaged in hazardous wastc operations.

Presently, the City of Downey has a limited number of properly trained personnel, whs meet the stringent regulatory requirements for hazardous waste abatement operations, Furthermore, the Fire Department's scope of work is limited to defensive operations tif

AWARD OF A IMkINTENANCE CONTRACT IFOR HAZARDOUS MATERIALS DISPOSAL AND

ABATEMENT SERVICES
March 28, 2023

Page 2 ends

Ocean Blue Environmental, Inc. is a State -licensed hazardous waste removal and transportation firm who can provide the City with a 24-hour, year-round response to all emergency hazardous material spills occurring in the City. Ocean Blue has extensive experience in spill response and currently services Los Angeles County Public Works, US Coast Guard, Environmental Protection Agency (EPA), California Fish and Wildlife, and numerous Fire Department Hazardous Material Response Teams.

The City can piggyback off the existing, competitively bid hazardous material response contract executed between Ocean Blue and the City of Vernon that covers a term of three years. The cost for services are based on proposed rates received by the City of Vernon's Request for Proposal published on July 26, 2022. Numerous other cities, such as Inglewood, Redondo Beach, and Pico Rivera have also utilized similar contracts for Ocean Blue's hazardous waste response services. The contract with Ocean Blue will be used for 24 hour on-call/service response based on emergencies and situational need; therefore, this contract's valuation is based on the cost of individual service requests uA to the City's established budget amount for these services, which is $160,000.

Fiscal Responsibility
Efficiency & Adaptability
Quality of Life, Safety & Infrastructul
The Public Works Maintenance Division has budgeted $160,000 for Citywide hazardous materials disposal/abatement, under account no. 10-4-3110-0665. This includes routinIA hazardous materials disposal pick up of items kept at the Maintenance yard, along with emergency responses provided on -scene.

AWARD OF A MAINTENANCE CONTRACT FOR HAZARDOUS MATERIALS DISPOSAL AND

ABATEMENT SERVICES
March 28, 2023

Page 3 ends

ATTACHMENTS
Attachment A: Professional Services `• with Ocean Blue — Approved • the City Attorney
Attachment B: • with the. City of •
Attachment C: Request for Proposal, City of Vernon insurance document

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-IA49FDOE20AF

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR ON -CALL ENVIRONMENTAL CLEAN-UP

SERVICES
Contractor:

Responsible Principal of Contractor:

Notice Information - Contractor:

Notice Information - City:

Commencement Date:

Termination Date:

Consideration:
*6014-14 JITATC] 9
Justin Lee, President
925 W. Esther Street
Long Beach, CA 90813
Attention: Justin Lee, President
Telephone: 562-624-4120
City of'Ternon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Freddie Agyin,
"I'amw4ki
Control
Telephone: (323) 826-1448
October 17, 2025
Total not to exceed $300,000 (includes aM
applicable sales tax); and more particula
described in Exhibit B i
Records Retention Period Three (3) years, pursuant to Section 11.20

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-IA49FDOE20AF

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR ON -CALL ENVIRONMENTAL CLEAN-UP -SE'R.VICES
This Agreement is made between the City of Vernon, a California charter City a California municipal corporation ("City"), and Ocean Blue Environmental Services, Inc., California corporation ("Contractor").

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perform the services as hereinafter set forth as authorized by the City Council on October 18, 2022.
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forth in the City's Request for Proposals issued on or about July 26, 2022, and titled On -Call Environmental Clean -Up Services, and Contractor's proposal to the City ("Proposal") dated August 27, 2022, Exhibit "A", a copy which is attached to and incorporated into this Agreement by reference.

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by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.

4.0 TERM. The term of this Agreement shall commence on October 18, 2022, and it shall continue until October 17, 2025, unless terminated at an earlier date pursuant to the provisions thereof.

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DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-lA49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc. around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference.

5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed [state amount] without the prior authorization of the City, as appropriate, and written amendment of this Agreement.

5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.

5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:

5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.

5.4.2 Approved reproduction charges.

5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.

5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, "extra work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit "B," if the extra work has been approved by the City.

5.6 Licenses Permits Fees and Assessments. Contractor shall obtain, at Contractor's sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and

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reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's IlI!I'll !!Ill 1� 11pl
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errors, omissions or liabilities (herein "claims or liabilities"), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of or failure to

DocuSign Envelope ID: 3022ED00-B035-4F9F-8i364-1A49FDOE2OAF Services Agreement with Ocean Blue Environmental Services, Inc. perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.

10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage.

Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non -owned liability coverage.

Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services.
iii. General Liability with minimum limits of at least $2,000,000 per occurrence and $4,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.

Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement.
(1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
(2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services.

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-lA49FDOE20AF ill rilillir
than it Ili per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims.

Itollution conditions arising out of the operations of the Contractor. — Coverage shall be included on behalf of the insured for covered claims ?rising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed "by or on (2) All activities contemplated in the Agreement shall be specifically scheduled on the CPL policy as "covered operation." In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. (3) The policy shall specifically provide for a duty to defend on the part of the insurer. The City of Vernon, its officers, employees and agents shall be concerning workers' compensation for injuries on the job. In addition, Contractor shall requir each subcontractor to similarly maintain workers' compensation insurance in accordance wit the laws for California for all of the subcontractor's employees. Compliance is accomplished] (1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc. this Agreement.
vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self -insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.

11.0 GENERAL TERMS AND CONDITIONS.

11.1 INDEPENDENT CONTRACTOR.

11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

11.1.2 Contractor acknowledges that Contractor and any subcontractors,

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-IA49FDOE20AF agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. in writing, Contractor and its subcontractors shall have no authority, express or implied, to act #n behalf of or bind the City in any capacity whatsoever as agents or otherwise.

City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.
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defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, 11111! 1 to I! 111111; 1! 11111! 1 1 � 11114 ram
work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design r ti and cor ecl

11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc. time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

11.7 SUCCESSORS This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.

11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.

11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.

11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

11.11 INTERPRETATION.

11.11.1 A 'plicable Lave` This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.

11.11.2 Entire A reement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations,

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF representations, understandings, correspondence, documentation, and agreements (written or oral).
by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

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court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the 97I I ! 11 1 1 i I I i I I � � I M♦III III !!!I ��B MMM'� • • i or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be -no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
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and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement 11M�6_ �S�F�61
arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to 'WOMINNUMMOMOrs =_

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc.

11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.

If to the City:

City of Vernon
Attention: Freddie Agyin, Director of Health and Environmental Control 4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:

Ocean Blue Environmental Services, Inc.

Attention: Justin Lee, President
925 West Esther Street
Long Beach, CA 90813
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.

11.17 TERMINATION FOR CONVENIENCE lliithout Cause . City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-IA49FDOE20AF WIN
'• Contractor shall not be held accountable for additional costs incurred due to •` or default as a result of is Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result • • Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only • goods and services completed to that point.
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terminating party • further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service • service not subsequently performed in a timely and satisfactory manner, and (2) • incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all 9 `• or unfinished documents, data, and other information of any kind prepared by whole or in part as provided herein, City may procure, upon such terms and in such manner as it may •` appropriate, services similar to those terminated. • and the right to audit and reproduce any of the Contractor's records to the extent the City • necessary to insure it is receiving all money to which it is entitled •..: the • and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.

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not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited • such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-lA49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inca

11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.

11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

11.23 ENFORCEMENT OF WAGE AND HOUR LADS, Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay.

11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". [Signatures Begin on Next Page].

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Ocean Blue Environmental Services, Inc., a
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By:

Name: JUSTIN LEE
Title: PRESIDENT
By:

Name: MOONHO LEE
Title- CHIEF FINANCIAL OFFICER

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc.

EXHIBIT A

CONTRACTOR'S PROPOSAL

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DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc.

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

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DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-IA49FDOE20AF I LL-w ou on ' 'BLUE
ENVIRONMENTRL SERVICES. INC.
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Attn: Vernoica Petrosyan - Deputy Director
Health and Environmental Control
4305 Santa Fe Avenue, Vernon CA 90058
JFue D. August 31st, 2022 @ 5:00
+ LONG BEACH + SAN DIEGO

N25 West Esther St.
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Cover Letter........ .. ...... ....................... __ ................ B Introduction ........ ............ ___ .. — ...... ................... ...... —C General Scope of or ............................ ....... .................... D Fees& Costs ...... ............................................. ............... _ ... __ ...... ....... ........... __ ... -E Ability of the Proposer
Affidavit of Non -Collusion ........................................... ___ ...... ....... G *In regards to the 20 page limit, per city instruction our resumes, pricing and governmental forms are included as attachments.
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City of Vernon
Attn: Ms. Veronica Petrosyan — Deputy Director
Health & Environmental Control
4305 Santa Fe Avenue
Vernon CA 90058
It is always a pleasure working for you and the city of Vernon. For the last 13 years, the city called upon Ocean Blue to respond to abandoned waste cleanups, transformer oil spills, sewage spills, homeless encampment cleanings, and much more. Recently our supervisor Manny Ramirez coordinated with Premier Pipe to clean nearly a mile of illegally dumped grease in your sewer lines. Through our decade -long relationship, I believe we've demonstrated our capability and dedication to respond to the City of Vernon for any hazmat call.
ninety (90) days from the date of submittal. In addition, we will utiliz�4 Premier Pipe and National Plant as our subcontractors for jetting services.

Finally, during this proposal's evaluation period, it is best to contact me at:

Justin Lee — President & General Manager
0: 562.624.4120 1 C: 310.357.7800
925 est Esther SL—,Long Beach CA 90813
We founded in Long Beach in 1994 to provide waste management emergency response services. Some of our clientele include:

L.A. County Department of Public Works .... ....... .. 1995-Present L.A. County Department of Beaches & Harbors ................ 2015-Present Los Angeles World Airport (LAX) ... ............... ...... 2015-Present Orange County Public Works........ .... ...... 2012-Present City of Vernon .... ......... ...... 2010-Present
City of Long Beach—,..... ...... ____ ...... 1998-Present

City of Anaheim-.... ............. ,......... ...... ... --- ..... ........ _2UU4-Preaent City ofTorrance ............................................................... 2015-Preoent
City ofCarson ....................................................................

I998-Present
Cityof Cerrbm....~........ ........... ...... -~.._~~-^._~_..-~_.2OO8-Premeot City ufCommerce ........... __....................... ___~�_____2017-9reaeut City nFComobnm____............. _^~____~_=..-...__,_2UI7'Pceaent Citymr{rninc-~.... .^....... ^........ .~°~__,...... ._.~__._,~.__2U17-Preaent City of Inglewood............................................................. ^2UU7-Present City nFDowney .................................................................. 2OI5-Pzeemot
City ofEl ,_~.......................... =,=='_~2Ol6-Pr
sent
City ofGlendora _.°^_°~^_,°-._~~_,_~_~°~,~...... _~~
2019-Present
City mrManhattan Beach ................................ ~-^.~~^^~^_.~2O2l-Pzeaent City nfSanta '4uu............. ... _`2009-9reoeot
City ofGarden Grove ................................................. 2000-I`reoen1
City ofLakewood ..... ---- ........ ........... ........ .~._..----- 2023-Present
City of Pasadenu______�~_~~~~~-____-~
207-Present
City oFRedondo Beach ...................................................... - 2017-Preaent
City ofRancho Palos Verdes ..... .,~_~~,._`.,=,=~,_~__=~ 2018-Preoent
CitymrCovizo_^_....... ---- ........ ~~~�.~~_.~~-~.......... . 2017-Preeent
City of West Hollywood ... ....... .~_=~~^^~__-._
2001-9moent
City ofk\0/ttier-~...... _..__._.__............... .,_____.~° 2018-Pneoent
City ofLa Mirada ............................................................. 20I9-Preeeot
City uFPico Rineru._.~.~~~,.'_~,°~. °,_°,^^-.~^_.~.~^... 2017-Pzeaent
City of Santa Fe Springs _=__...........
2017-Present
City oFSignal Hi//-_.__._______._____^___^__~_,_,
1997-Present
I look forward towards your evaluation and in working for the city of Vernon. Please feel free to contact me with any questions or concerns.

Imm

rigr.�, �1�110
925 West Esther St.

Long Beach, CA 90813
ocanBLUE Ph: (562) 624-4120
ENVIRONMENTRL SERVICES,(562) 624-4127
management & emergency response services. We understand the long-term liabilities & risks associated with waste handling, packaging, transportation, storage, recycling & disposal of hazardous and non -hazardous waste. Our trusting relationihips are what set us apart fiom competitors.

On average in the Southern California area, Ocean Blue responds to four emergency HAZMAT situations every day. We are one of the most experienced & well-equipped emergency responders. Our personnel are Q-4 t-Q-1--pins on both land & water. Throu h the utilization of the most modem emergency response equipment and highly trained personnel, Ocean Blue responds quickly & professionally to a wide variety of emergency and non -emergency spill situations. Ocean Blue is known for fast and exemplary service. Clientele simply make one phone call to our dispatcher, and we respond with a Supervisor & crew within (45) minutes, to any situation, on land or water, 24 hours a day, seven days a week.

MAX
we then package & transport the waste to a disposal facility. Some of the wastes we manage include:
* Asbestos
* Crude oil
* Fuels, gasoline, diesel
+ Acids lkalines
Ammonia solutions
Lead
* Mercury
* Oxidizers & Chlorirl
Treated wood
Bichazardous Wast-9
4 LONG BEACH 4 4 SA N DIEGO 4

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-1A49FDOE20AF 925 West Esther St.

Long Beach,A 91I
0 owl
m, rzgi
@NBLUE
• • . 40:

ENVIRONMENTRL

SERVICES,
i f •
environmentalWe stay in business by selling excellent service, not by charging excessive disposal fees. We are not owned bill rior own a TSDF; and are therefore not limited to transporting waste to any specific TSDF. We strongly belieXM a full -service i• • not own a TSDF/Recycler.ability to freely chooseD'.:
iisposal methodsto determine the most•st-effective, innovative way of disposing

1. Client's disposal requirements

2. Facility's compliance/financial-stability

3. Disposal methods offered

4. Facility inspection & audit results
Ocean Blue will always recommend the
following disposal hierarchy in order of
preference:

1. Recycling

2. Treatment
approximately 200 drums a week. Our • chemists regularly identify, segregateand classify all typesof hazardous wastes. At anv time, drum inventory sheets are available for insvection. All drum labelinp-,-markina We •self -calibrate• maintain different typesof direct reading instruments, many of havingto obtain during an emergency. These instruments include: mercury/ammonia vapor analyzers, four -gas meters, PlD meters, OVA monitors, hydrogen sulfide monitors and intrinsically safe personnel monitors. Having these monitors available 24/7 saves our clients money from
to send samples to outside laboratories.

Record Ki: All manifests/labels are entered into our
computerized database. This ensures that wastes are
accurately labeled on a per container basis and match all manifests. All bills of lading, manifests and invoices are securely kept for a 3-year minimum. Final paperwork is sent to the appropriate regulating agency. Clients will know the status & location of the waste, from collection to disposal.

ENIRL SERVICES, INC.
9MMSM1112 =...

Clarifiers, waste oil tanks, septic tanks, cargo ships, airplanes, lift Stations, stormdrain lines: any bulk liquid waste you have we can pump. We 100% own our fleet of
California Air Resource Board (GARB) compliant
transportation vehicles. Our vehicles comprise one of the most modern and well -maintained transportation fleets in the environmental business. With our in-house mechanics and operating a 24/7 business our vehicles are always
ready for work.

Our fleet include the following types:
• 5,OOOG Vacuum Trucks (131ack frori)
• 5,000G Vacuum Trucks (Stainless Steel)
• 3,500G Vacuum Vactors
• 3,000G Vacuum Supersuckers
• 2,500G Hydro -Jeffers
• 1,000G Vacuum Trailers
• 1.000G Mounted Vacuum Class C trucks
Our professional drivers are highly qualified &
experienced in the waste transportation industry. All
drivers must maintain clean 10-year records, regularly
checked by our DMV-pull program (also annually vetted
by our insurance carriers). Ocean Blue even offers
extensive hands-on training for employees to receive their commercial class A license with hazardous & tanker's
endorsements. Rather than hiring drivers we don't know, or sending employees to enroll in trucking school, we
personally guide the during the entire process spending hundreds of hours behind the wheel with employees we
already trust. By the training's end we are 100% confident our drivers follow correct DOT., CHP, TSC, EPA and
OSHA protocols. Our drivers will know how to vacuum,
pressure -off and hydro -jet any of our client's waste.

Hazardous/non-hazardous waste manifests, safety data
sheets, bills of lading are always carried per regulations.

N
Kai V WKII I
I IN 21 W OXEN V Ly
Overtime: Monday through Friday, before 7:00 AM and after 4:00 PM, and all day on Saturdays
I
Martin Luther King, Jr.'s Birthday
Veterans Day
Fourth of July
Day after Thanksgiving
Christmas Day
104102110T UNNOUNW02011
Labor Day
Presidents Day
Memorial Day
Thanksgiving Day
Columbus Day
Four (4) hour minimum charges will .i♦ to all call outs. Portal to Portal rates apply.

Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading.
be billed at cost plus a twenty percent (20%) handling charge. Heavy equipment rental will be billed at cost plus twenty five percent handling charge due to high liability cost. have been made. All emergency response work for non -established customers is C.O.D.

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF i 'w"m 0 L U E
SERVICES. INC.
l i �

1. HAZARDOUS WASTE -TRAINED PERSONNEL

HOURLY RATE

STRAIGHT
OVER-

PREMIUM

CLASSIFICATION
TIME
TIME
TIME

PROJECT MANAGER
118.00
154.70
154.70

SUPERVISOR

90.90 108.40
124.10

CHEMIST / INDUSTRIAL HYGIENIST
181.00
207.10
207.10

LEAD TECHNICIAN

63.00 91.80
119.80

EQUIPMENT OPERATOR

60.30 90.90
116.20

TECHNICIAN

56.90 80.40
104.90
ILWU (INT. LONGSHORE & WHSE UNION) TECH

79.50 118.90
159.90
ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120

2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES

HOURLY RATE
UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE

49.80 GEAR TRUCK W/ LIFTGATE

49.80 EMERGENCY RESPONSE UNIT - LARGE
231.60

EMERGENCY RESPONSE UNIT - SMALL
160.90

CREW VAN

43.70 BOB CAT W/SOLID TIRES

54.20 VACUUM TRAILER - 20 BBL

54.20 VACUUM TRUCK - 70 BBL W/ ROPER PUMP*
132.90
VACUUM TRUCK - 120 BBL*
152.10
VACUUM TRUCK - 120 BBL STAINLESS STEEL*
172.20
AIR EXCAVATOR*
132.90
HYDRO EXCAVATOR*
246.60
OMNI VAC - 85 BBL*
246.60
JETTER / VACTOR COMBO UNIT*
246.60
ROLL -OFF TRUCK*
132.90
ROLL -OFF TRUCK AND TRAILER*
152.10
DUMP TRUCK - 10 WHEEL*

93.50 TRASH COMPACTOR*
185.30
25' BOX VAN*

93.50 45' BOX VAN*
132.90
45' FLAT BED*
132.90
25' EQUIPMENT TRAILER

35.00 STREET SWEEPER

87.40 DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME.

3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT
SELF-CONTAINED BREATHING APPARATUS (30 MIN.)
135.40
DAILY
6-PACK BREATHING AIR BOTTLES
271.80
DAILY
5-MINUTE EGRESS AIR BOTTLE

38.50 DAILY

TRIPOD W/DOUBLE WINCHES
243.00
DAILY

FULL BODY HARNESS W/ SHOCK ABSORBER

35.00 DAILY
PAGE 2 OF 6

DocuSion Envelope ID: 3022ED00-B035-4F9F-8B64-1A49FDOE20AF

COPPUS BLOWER
196.70
DAILY
4-GAS AIR MONITOR
298.20
DAILY

PID METER
412.60
DAILY

MERCURY VAPOR ANALYZER
516.60
DAILY

OVA MONITOR
361.00
DAILY
PERSONAL 4 GAS METER
246.60
DAILY

ELECTRIC BLOWER

79.50 DAILY

ARROW BOARD
221.20
DAILY

PORTABLE DECON STATION /ARROBOARD
295.50
DAILY

BARRICADES / REFLECTORS, EACH

32.40 DAILY

DELINEATOR/REFLECTIVE, EACH

1.80 DAILY

NO TURN RIGHT OR LEFT SIGNS, EACH

15.80 DAILY

TRAFFIC GONE/REFLECTIVE, EACH

2.60 DAILY
TRAFFIC CONTROL SIGNS 48°X48"/REFLECTIVE

36.70 DAILY

5. CLEANING EQUIPMENT

AIR COMPRESSOR

41.90 'HOURLY

CHEMICAL DIAPHRAGM PUMP
310.30
DAILY

DECONTAMINATION STATION
211.50
DAILY

DIAPHRAGM PUMP
222.10
DAILY

SUCTION/DISCHARGE HOSE (PER FOOT)

0.90 DAILY

LAYFLAT HOSE (PER FOOT)

0.90 DAILY

HYDROBLASTER

77.80 HOURLY

INTRISICALLY SAFE PUMP FOR FUEL TANKS
108.40
DAILY
PRESSURE WASHER- 1,000 PSI 22 GPM

69.90 HOURLY
PRESSURE WASHER - 3,500 PSI 6 GPM

60.30 HOURLY

ENGINE DRIVEN PUMPS
509.20
DAILY

PORTABLE TRASH PUMP
207.10
DAILY

SUBMERSIBLE PUMP
183.60
DAILY

AIR SCRUBERS PORTABLE
172.20
DAILY

HEPA FILTERS FOR SCRUBBERS
128.60
EACH
55 GALLON CARBON SCRUBBER FOR VAC TRUCKS
196.70
DAILY
3 STALL DECONTAMINATION SHOWER
295.50
DAILY
20-YARD BIN, OPEN TOP

25.40 DAILY
20-YARD BIN, CLOSED TOP

30.60 DAILY
40-YARD BIN, OPEN TOP

25.40 DAILY
40-YARD BIN, CLOSED TOP

32.40 DAILY
4" TANK MANIFOLD

19.20 DAILY

BIN LINERS

52.50 EACH
i f •
r1 r. •. r r11 r r i�
i>i , 11 i :ii r r,
'+ i

DocuSign Envelope ID: 3022ED00-6035-4FW-8B64-1A49FD0E2OAF AUGUST 1, 2022 CITY OF VERNON RATES
BOOM 8"x12" (DEPLOYED)

1.80 PER FT/DAY
BOOM 4"x12" (DEPLOYED)

0.90 PER FT/DAY
22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR
132.90
HOURLY
22' x 8' SELF POWERED BARGE

89.10 HOURLY
19' TOOL SPILL BOAT W/90HP

89.10 HOURLY
17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR

74.30 HOURLY
14' TOW/SPILL CONTROL BOAT W/ 25 HP MOTOR

58.60 HOURLY
12' PUNTS

35.00 HOURLY
12' PUNTS W/ 5HP MOTOR

43.70 HOURLY
SPLASH ZONE 2-PART SEALER
162.60

PER GALLON
25 LBS ANCHORS W/ 15' CHAIN

14.80 DAILY
15 LBS ANCHORS W/ 10' CHAIN

10.50 DAILY
24" BOEYS

14.80 DAILY

EMERGENCY RESPONSE TRAILER
465.00
DAILY

ROPE MOP SKIMMER
154.70
HOURLY
DRUM SKIMMER TDS-136 W/ POWER PACK
207.10
HOURLY
SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM

63.00 HOURLY

SKIMMER TRAILER
207.10
DAILY

ABSORBENT BOOM TRAILER
154.70
DAILY

ATV (ALL TERRAIN VEHICLE) W/TRAILER
270.10
DAILY

FORKLIFT TRAILER

97.90 DAILY

8. _MATERIALS,
10 GALLON DOT DRUM, STEEL

49.80 EACH
15 GALLON DOT DRUM, POLY

49.80 EACH
16 GALLON DOT DRUM, STEEL

49.80 EACH
20 GALLON DOT DRUM, STEEL

52.50 EACH
30 GALLON DOT DRUM, POLY

52.50 EACH
30 GALLON DOT DRUM, STEEL

52.50 EACH
5 GALLON DOT DRUM

18.40 EACH
55 GALLON DOT DRUM, POLY

61.20 EACH
55 GALLON DOT DRUM, STEEL

60.30 EACH
55 GALLON DOT DRUM, BIO

39.30 EACH
85 GALLON DRUM, OVERPAK, STEEL
221.20
EACH
95 GALLON DRUM, OVERPAK, POLY
221.20
EACH

ACID SPILFYTER NEUTRALIZER PER GALLON

77.00 EACH

BASE SPILFYTER NEUTRALIZER PER GALLON

77.00 EACH

BIO-SOLVE (HYDROCARBON ENCAPSULANT)

36.70 PER GALLON
BLEACH

4.40 PER GALLON

CHEMICAL POLY TOTES
319.00
EACH
CHLOR-D-TECT Q4000

18.40 EACH
CITRI-CLEAN, 55 GALLON
826.20

PER DRUM

DIESEL FUEL (EQUIPMENT)

5.30 PER GALLON

DRUM LINER

2.60 EACH

DUCT TAPE

6.10 PER ROLL

FACE SHIELD

13.10 EACH

HAND AUGER

86.60 DAILY

HEPA VACUUM FILTER PROTECTORS

20.10 EACH
PAGE 4 OF 6

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-1A49FDOE20AF i • i

HEPA VACUUM REPLACEMENT BAGS

20.10 EACH

OIL SORBENT POM POS

56.90 PER BALE

PLASTIC BAGS

74.30 PER BOX

PLASTIC SHEETING

74.30 PER ROLL
RAGS, 50 LB BOX

67.40 PER BOX
ROPE 1/2 POLY, 100" ROLL

32.40 PER ROLL
ROPE 5/8 POLY, 100" SPOOL

36.70 PER ROLL
SAMPLE JARS - 1 QT

13.10 EACH

SAND BAGS

3.40 EACH

SHRINK WRAP

30.60 ROLL

SIMPLE GREEN

13.10 PER GALLON

SODA ASH

6.10 PER GALLON

SORBENT BOOM / JELLING MATERIAL
412.60

PER BALE
SORBENT BOOM, 8"x10"

54.20 EACH
SORBENT PADS 18"x18"x1/4" (200/BALE)

89.10 PER BALE
SUPERFINE, 25 LB BAG

18.40 PER BAG
TRIWALL`BOXES
154.70
EACH
VACTOR FLEX HOSE 4"

1.80 PER FOOT
VACTOR FLEX HOSE 6°

2.60 PER FOOT
• `r"BLOOD" -
r i
EACA
BOAT HOOKS* i•
it
DAILY

SWEEPER ATTACHMENT
218.60
DAILY

WADERSBOBCAT
CHEST
i
DAILY
14 PORTABLE ' POWERED ABRASIVE SAW
147.80
DAILY
if 10 LBS

6.10 DAILY

TORCHCUTTING
149.40
DAILY

DRUM SAMPLING ROD (GLASS)

7.00 EACH

R GALLON
•r
DAILY

EXTENSION LADDER

13.10 DAILY

STATIONEYEWASH
•i
DAILY
FIRE PROTECTION i DEGREE PROTECTION
r
DAILY

FORK LIFT
218.60
DAILY
GENERATOR, 1 OKV TRAILER MOUNTED

35.00 HOURLY
GENERATOR, 5500 WATTS
123.30
DAILY

HAND TOOLS

52.50 DAILY

HAND WASHING STATION

49.80 DAILY

HAZ-CAT KIT

20.10 PER TEST

HEAVY DUTY JETTER NOZZLES
234.20
DAILY

HEPA VACUUM (DRY)
154.70
DAILY

HIP WADERS

52.50 DAILY

HUDSON SPRAYER

20.10 DAILY
JACK HAMMER 90 LBS
123.30
DAILY

LIFE JACKETS

15.80 DAILY
LIGHT STAND (2 BULBS)

36.70 DAILY
LIGHT TOWER (4 BULBS)
295.50
DAILY
`_ i

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-lA49FDOE20AF AUGUST 1, 2022 CITY OF VERNON RATES

MEALS ON SPILLS

7.00 EACH

MERCURY VACUUM
516.60
DAILY

NON -SPARKING COLD CUTTER / RIVET BUSTER

97.90 DAILY

NON -SPARKING COLD CUTTER TIPS

30.60 EACH

PER DIEM ALLOWANCE ON TRAVEL
162.60
DAILY
PICKS "MINERS"

2.60 DAILY
PLUG & DIKE, 1 LB CAN

25.40 EACH

POLY SIPHON (POGO) PUMP

19.20 EACH

PORTABLE RESTROOM W/SINK
154.70
DAILY

PROFILING FEE (PER WASTE STREAM)

77.80 EACH
RADIO 2-WAY, INTRINSICALLY SAFE

41.10 DAILY

SAWZALL

82.20 DAILY

SKIL SAW

36.70 DAILY
STEEL SPIKES, 36"

5.30 DAILY
TRANSFER HOSES, 1 - 4"

43.70 DAILY
TRUCK RAMPS (30,000 LBS)
295.50
DAILY

VAPOR TIGHT DROP LIGHTS
154.70
DAILY

VENTILATION FAN
118.90
DAILY

WATER METER
258.70
DAILY

WATER TANK TRAILER W/ PUMP
349.70
DAILY

DRUM DOLLY

24.50 DAILY
LEVEL "A" - FULLY ENCAPSULATED GAS -TIGHT SUIT
WITH SCBA 491.30 PER SET
LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU-
LATED SUIT, BUT NOT GAS TIGHT W/SCBA 154.70 PER SET
LEVEL "C" - TYVEK THROUGH SARANEX SUIT W/ AIR
PURIFYING RESPIRATOR 67.40 PER SET
LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR

RAINGEAR SUIT WITH GLOVES, BOOTS,
HARDHAT AND SAFETY GLASSES 32.40 PER SET
PAGE 6 OF 6

Ulndaiii i*

J U ST I N
L E E

P R E S I D E N T

WORK EXPERIENCE
Current
2021
President
Ocean Blue Environmental S&FViCeSr Inc I Long Beach CA
Of t m s S d' t h commercial drivers and technicians. Continues ts Contract Manager
Ocean Blue Environmental Services inc I Long Beach, CA
site remediation, waste management, decontamination & emergency response projects.

Performs job walks, prepares estimates and bids.

Current Project Manager/ Los Angeles County Department of Beach Harbors 2015 Mr. Lee is Ocean Blues direct liaison to the Los Angeles County Department of Beaches & Harbors (LACDB.H) He is the first responder & project ma,7ager for LACDB[Li spills in from Los Angeles to Ventura He regularly performs spill cleanups, ,vaste managemen!, storm drain cleaning, boat -fire response, and will handia numerous special projects This contract is valued at $260Kperyear. hovveverthrough regularexpasure to LACDEH's private madnas, tenants and boat owners Mr Lee generates $500K of work annually

EDUCATION
Pitzer College, Claremont CA: Bachelor's Degree 2011
Major. Economics & Environmental Studies — Ch3rfcehlors List

CERTIFICATIONS & TRAINING
HAZWOPER 40-Hour Course CFR 1910,120
HAZWOPER 8-Hour Refreshers
Ctxxverd2l • A ■ wMk WK2*kers EAtts
•odbo Pathogen Training
Incident Command Systems 100, 200, 300, 700
Tnzmuv Scete UIRste PrP*ftiro7er----
HAZWOPER Train the Trainer CFR 172.704
CPR I First -Aid Trained
Confined Space Entry Rescue
Hazardous Waste Generator Course (#113)
Calibration Training for M2A Gas Transmitters
Hazcat Identification Training

•
•
LTMOT-ArM
Current Project Manager / Chemist / Safety Manager
1996 Ocean Blue Environmental Services, Inc I Long Beach, CA Mr. Long is a Project manager with 39 years of experience managing HazMat Services include:
homeless encampment cleanings, emergency response, catch basin Cleaning, pump station maintenance, channel maintenance, Mr. Long currently oversees Hazardous Waste contracts for the Los Angeles County Department of Public Works, Irvine Ranch Water District and the City of Long Beach. He also oversees emergency flooding and HazMat response. Mr. Long coordinates waste management, on -site remediation, and decontamination projects. Specializes in identifying unknown chemicals and chemical packaging services. As Ocean Blue's Safety Manager, he verifies that our technical personnel are current on all safety regulations. 1996 Supervisor!HazMat Incident Commander
1995 Aflv,,aste k7o. I Location or Country
Coordinated & supervised oil/chemical emergency response teams, site deanup, industrial deaning and other field activities. Managed Superfund site at Omega Chemical Company sampling and identifying over 4,000 drums of unknown hazardous waste. Also directed Health & Safety training and compliance for the Long Beach Transportation and Remediation office, 1980 mergency Response Operations Manager
1994 Pacific Einmimental I Location or Country
While responsible for developing the emergency response division, responded to over 600 incidents. Also directed the activities of the field crews in industrial cleaning, clandestine drug labs, drum management, tank removals and plant closures;. As the Health & Safety supervisor, developed the Injury and Illness Prevention Program in compliance with SB 198.

Current Project Manager / Los Ange�es County Department of Nitift Works 1996 'Vi!h f,/, '1'o,° he Ang,,-fes Cowwv krtt e ins' 2,5 Y a! "Y_51V, ,ear� scvi I , s cl . r., j:?Cw
(nSPONISC,
,,,_va,,ns A-, nTy'eunl ch3ao,os the, e,,,,�
Current Project Manager I City of Long Beach
1996 F,,, h),ngeSt 'JH,11a K) C: V of Lo,-So Fiea,,,h Ed Lorc,, th,,, %xy befa he a-
o", e- mnst fnuf rc'C"lul""me� 7 of
ntl� ,cpu�rg J',,,nD�s or nwo,lnd n'10)1,, 30 1
np",�,,rge 0-iX S i've �vj w� -,`0 mmvte, co' oot and beciit,,e un' nmj��Y 24lv-�, aw. -d4a, to fhfima,

CERTIFICATIONS & TRAINING
Certified Hazardous materials Manager Trauma Scene Waste Practitioner Registered Environmental Assessor No. 03446 HAZWOPER 40 — Hour Course CFR 1910,12 Certified HazMat Incident Commander HAZWOPER 8 — Hour Refresher

1013'20 WA 2: 1' .11 A 2 KGJ
II
Oversees various catch basin inspection/cleaning projects all over California. Storm drain Inpdro'etting to remove sedimentitrash from lines. Maintenance of namic sevarators of CPS/ARS units.

Pump station maintenance. storm water stenciling, CCTV inspections. Contech filter large-scale storm water filtration device for the Port of Los Angeles. Oversees storm water projects for the City of Santa Ana, City of Perris, Los Angeles World Airports (LAX), Los Angeles and many other&
o Supervisor
S 'e -:d rom, A�,r iric I Loc3Lon o, Cor U 1"
P]
sucker, Also supervised projects for Huntington Beach, Dena Point, Target, Metropolitan Water District, San Francisco Estuary Partnership Program, City of Fremont, City of Perris City of Union City, and Contra Costa County,
R 40-H our Course CFR 1910.120 :;PR / First -Aid Trained � 8-Hour Refreshers --onfined Space Entry Rescue
Pathogens CFR 1910,1030 ncident Command System 100, 200 & 700

925 West Esther St.
j Long Beach, CA 90813
OLEfl RUE Ph: (562) 624-4120

ENVIRONMENTOL
r 624-4127
L.A. Co. Department of Public Works — Emergency Spill Response, Single Source 1995-Present
L.A. Co. Department of Beaches £t arbors— Storm Water, Hazmat & Waste Mgmt 2015-Present
Port of Long Beach — Hazmat ER & Waste Management
1998-Present
Port of Los Angeles — Hazmat ER & Waste Management, Single Source 1998-Present
Los Angeles World Airport — Hazmat ER & Waste Management, 2015-Present
Long Beach Airport— Hazmat ER & Waste Management, Single Source 1998-Present
City of Burbank — Hazmat ER & Waste Management, Single Source 2022-Present
City of Bell — Hazmat ER & Waste Management, Single Source 2017-Present
City of Bellflower — Hazmat ER & Waste Management, Single Source 2015-Present
City of Carson — Hazmat ER & Waste Management, Single Source 1998-Present
City of Cerritos — Hazmat ER & Waste Management, Single Source 200-Present
City of Commerce — Hazmat ER & Waste Management, Single Source 2017-Present
City of Compton — Hazmat ER & Waste Management, Single Source 2017-Present
City of Costa Mesa — Hazmat ER & Waste Management, Single Source 2018-Present
City of Covina — Hazmat ER & Waste Management, Single Source 2018-Present
City of Culver City — Hazmat ER & Waste Management, Single Source 2013-Present
City of Downey — Hazmat ER & Waste Management, Single Source 2015-Present
City of Duarte — Hazmat ER & Waste Management, Single Source 2019-Present
City of El Segundo — Hazmat ER, Catch Basin cleaning & CPS installation 2016-Present
City of Glendora — Hazmat ER & Waste Management, Single Source 2019-Present
City of Hawthorne— Hazmat ER & Waste Management, Single Source 2012-Present
City of Hawaiian Gardens — Hazmat ER & Waste Management, Single Source 2018-Present
City of Indust — Hazmat ER & Waste Management, Single Source 2019-Present
City of Inglewood — Hazmat ER & Waste Management, Single Source 2007-Present
City of Lakewood — Hazmat ER & Waste Management, Single Source 2013-Present
City of Long Beach — Hazmat ER & Waste Management, Single Source 1998-Present
City of Manhattan Beach — Hazmat ER f Waste Management, Single Source 2021-Present
City of Monterey Park — Hazmat ER & Waste Management, Single Source 2019-Present
City of Montebello — Hazmat ER & Waste Management, Single Source 2019-Present
City of Norwal — Hazmat ER & Waste Management, Single Source 2015-Present

Los Angeles World Airports
TM
BLUE

ENVIRONMENTRL SERVICES, IK
P-AW"Y'Awl ., JI . "WAVAMIMP4
Contract Value: $3,300,000 / Year
Date: 1995 - Present
Contact: Adriana Flores - Civil Enzinee
vp Nepr
Address: 900 S. Fremont, Alhambra, CA 91803
Key Staff: Project Manager Ed Long
Agency: Port of Los Angeles
0 Contact: Lawrence Fang - Environmental Specialist
Phone & Email: 310.732.3782 / Ifank6porfla.0re
AWdress: 222 IV. 611, Street. i 9 an Pedro CA 90731
Agency: City of Covina
Date: 2017 - Present
Contact: Sharon Gallant - Environmental Svcs & Transportation Mgr Phone & Email: 626.384.5484 / [email protected]
Address: 125 East College St., Covina CA 91723
Key Staff: Supervisor Luis Valadez
Contract Value: $280,000+ / year
Date: 2015 - Present
Contact: Jose Bedolla - Northern District Manager
Phone & Email: 310.901.9116 / [email protected]
Address: 13837 Fiji Way, Marina Del Rey CA 90292
Key Staff: Project Manager Justin Lee & Project Manager Ed Acosl Contact: Howard Horning- Airport Maintenance Superintendent Phone & Email: 424.646.7964 / [email protected]
Address: 7301 World Way West, Los Angeles CA 90045

STATE OF CALIFORNIA
SS

COUNTY OF LOS ANGELES

JUSTIN LEE
(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper fitle) OfOCEAN BLUE ENVIRONMENTAL SERVICES, INC.
(Insert name of bidder)
That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and ftirther That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; I certify under penalty of perjury that the above information is correct By: Title:PRESIDENT
Date- bil2-1t22

ligill, 11, 1

P 1101�1 �D�
we] V ST&II
Overtime. Monday through Friday, before 7:00 AM and after 4:00 PM, and all day on Saturdays
New Year's Day Labor Day
Martin Luther King, Jr.'s Birthday Presidents Day
Veterans Day Memorial Day
Fourth of July Thanksgiving Day
Day after Thanksgiving Columbus Day
Christmas Day
Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply. include (cersonnel elui(cment and materials for -,vreAaration mobilization - travel to and from site, demobilization, decontamination, transportation and unloading.

IWAnw, MIR
4 Dsr=� =11 MMMCEM��

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF i • •

STRAIGHT
OVER-

PREMIUM

CLASSIFICATION
TIME
TIME
TIME

PROJECT MANAGER
118.00
154.70
154.70

SUPERVISOR

90.90 108.40
124.10

CHEMIST / INDUSTRIAL HYGIENIST
181.00
207.10
207.10

LEAD TECHNICIAN

63.00 91.80
119.80

EQUIPMENT OPERATOR

60.30 90.90
116.20

TECHNICIAN

56.90 80.40
104.90
ILWU (INT. LONGSHORE & WHSE UNION) TECH

79.50 118.90
159.90
ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120 I : ► rim F-0114,11-ri ,' -' ''. . r
UTILITY TRUCK 4X4 WiTRAFFIC CONTROL LIGHTS &LIFTGATE

GEAR TRUCK / LIFTGATE

EMERGENCY RESPONSE UNIT - LARGE

EMERGENCY RESPONSE UNIT - SMALL

CREW VAN

BOB CAT /SOLID TIRES
VACUUM TRAILER - 20 BBL
VACUUM TRUCK - 70 BBL / ROPER PUMP*
VACUUM TRUCK - 120 BBL*
VACUUM TRUCK - 120 BBL STAINLESS STEEL*
AIR EXCAVATOR*
HYDRO EXCAVATOR*
OMNI VAC - 85 BBL*
JETTER / VACTOR COMBO UNIT*
ROLL -OFF TRUCK*
ROLL -OFF TRUCK AND TRAILER*
DUMP TRUCK - 10 WHEEL*
TRASH COMPACTOR*
25° BOX VAN*
45' BOX VAN*
45° FLAT BED*
25° EQUIPMENT TRAILER

STREET SWEEPER
DENOTES r-MENT INCLUDING OPERATOR.CHARGED AN rr
00 PER HOURFOR OVERTIME AND $39.00 PER HOURFOR PREMIUM TIME.

SELF-CONTAINED3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT

BREATHING APPARATUS DAILY
6-PACK BREATHING AIR BOTTLES 271.80 DAILY
5-MINUTE EGRESS AIR BOTTLE DAILY
TRIPOD W/DOUBLE WINCHES 243.00 DAILY

49.80 49.80
231.60
160.90

43.70 54.20

54.20 132.90
152.10
172.20
132.90
246.60
246.60
246.60
132.90
152.10

93.50 185.30

93.50 132.90
132.90

35.00 87.40

DocuSign Envelope ID: 3022EDOO-BO35-4F9F-8B64-1A49FDOE2OAF OcEfin WOLUE
ENVIRONMENTRL SERVICES. INC.

AUGUST 1, 2022 CITY OF VERNON RATES

COPPUS BLOWER
196.70
DAILY
4-GAS AIR MONITOR
298.20
DAILY

PID METER
412.60
DAILY

MERCURY VAPOR ANALYZER
516.60
DAILY

OVA MONITOR
361.00
DAILY
PERSONAL 4 GAS METER
246.60
DAILY

ELECTRIC BLOWER

79.50 DAILY

4. TRAFFIC CONTROL

ARROW BOARD
221.20
DAILY

PORTABLE DECON STATION W/ARROWBOARD
295.50
DAILY

BARRICADES W/ REFLECTORS, EACH

32.40 DAILY

DELINEATOR/REFLECTIVE, EACH

1.80 DAILY

NO TURN RIGHT OR LEFT SIGNS, EACH

15.80 DAILY

TRAFFIC CONE/REFLECTIVE, EACH

2.60 DAILY
TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE

36.70 DAILY

5. CLEANING EQUIPMENT

AIR COMPRESSOR

41.90 HOURLY

CHEMICAL DIAPHRAGM PUMP
310.30
DAILY

DECONTAMINATION STATION
211.50
DAILY

DIAPHRAGM PUMP
222.10
DAILY

SUCTION/DISCHARGE HOSE (PER FOOT)

0.90 DAILY

LAYFLAT HOSE (PER FOOT)

0.90 DAILY

HYDROBLASTER

77.80 HOURLY

INTRISICALLY SAFE PUMP FOR FUEL TANKS
108.40
DAILY
PRESSURE WASHER - 1,000 PSI 22 GPM

69.90 HOURLY
PRESSURE WASHER - 3,500 PSI 6 GPM

60.30 HOURLY

ENGINE DRIVEN PUMPS
509.20
DAILY

PORTABLE TRASH PUMP
207.10
DAILY

SUBMERSIBLE PUMP
183.60
DAILY

AIR SCRUBERS PORTABLE
172.20
DAILY

HEPA FILTERS FOR SCRUBBERS
128.60
EACH
55 GALLON CARBON SCRUBBER FOR VAC TRUCKS
196.70
DAILY
3 STALL DECONTAMINATION SHOWER
295.50
DAILY

6. PORTABLE STORAGE UNITS
20-YARD BIN, OPEN TOP

25.40 DAILY
20-YARD BIN, CLOSED TOP

30.60 DAILY
40-YARD BIN, OPEN TOP

25.40 DAILY
40-YARD BIN, CLOSED TOP

32.40 DAILY
4" TANK MANIFOLD

19.20 DAILY

BIN LINERS

52.50 EACH

7. OIL SPILL EQUIPMENT
20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW 207.10 DAILY BOOM TRAILER (STANDBY) W/ 1500' OF 8"x12" BOOM 154.70 DAILY PAGE 3 OF 6

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-1A49FDOE20AF � f �
LUE
S. INC.

BOOM i. (DEPLOYED)

1.80 /D
22'TOW/SPILL CONTROLBOAT 11 HP MOTOR
132.90
HOURLY

POWERED BARGE

89.10 HOURLY
•• •+ it ''

89.10 HOURLY
CONTROL:i` 1 HP MOTOR

74.30 HOURLY
iW/SPILL CONTROL :i' • •'

58.60 HOURLY
12'PUNTS

35.00 HOURLY
MOTORi
HOURLY
SPLASH ZONE 2-PART SEALER
162.60

PER GALL
rr-S W/ 15'CHAIN

14.80 DAILY
BOEYS

14.80,.

RESPONSEEMERGENCY TRAILER
465.00
DAILY

ROPE MOP SKIMMER
154.70
HOURLY
DRUM D . POWER PACK
207.10
HOURLY
SKIM-PAK SERIES 4000O

63.00 t

SKIMMER TRAILER
207.10
DAILY

ABSORBENT BOOM TRAILER
154.70
DAILY

ATV (ALL TERRAIN VEHICLE) W/TRAILER
270.10
DAILY

FORKLIFT TRAILER
.ii

97.90 DAILY
10 GALLON DOT DRUM, STEEL

49.80 EACH
15 GALLON DOT DRUM, POLY

49.80 EACH
16 GALLON DOT DRUM, STEEL

49.80 EACH
20 GALLON DOT DRUM, STEEL

52.50 EACH
30 GALLON DOT DRUM, POLY

52.50 EACH
30 GALLON DOT DRUM, STEEL

52.50 EACH
5 GALLON DOT DRUM

18.40 EACH
55 GALLON DOT DRUM, POLY

61.20 EACH
55 GALLON DOT DRUM, STEEL

60.30 EACH
55 GALLON DOT DRUM, BIO

39.30 EACH
85 GALLON DRUM, OVERPAK, STEEL
221.20
EACH
95 GALLON DRUM, OVERPAK, POLY
221.20
EACH

ACID SPILFYTER NEUTRALIZER PER GALLON

77.00 EACH

BASE SPILFYTER NEUTRALIZER PER GALLON

77.00 EACH

BIO-SOLVE (HYDROCARBON ENCAPSULANT)

36.70 PER GALLON
BLEACH

4.40 PER GALLON

CHEMICAL POLY TOTES
319.00
EACH
CHLOR-D-TECT Q4000

18.40 EACH
CITRI-CLEAN, 55 GALLON
826.20
PER DU

DIESEL FUEL (EQUIPMENT)

5.30 PER GALLON

DRUM LINER

2.60 EACH

DUCT TAPE

6.10 PER ROLL

FACE SHIELD

13.10 EACH

HAND AUGER

86.60 DAILY

HEPA VACUUM FILTER PROTECTORS

20.10 EACH

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-1A49FDOE20AF AUGUST 1, 2022 CITY OF VERNON RATES

HEPA VACUUM REPLACEMENT BAGS

20.10 EACH

OIL SORBENT POM POMS

56.90 PER BALE

PLASTIC BAGS

74.30 PER BOX

PLASTIC SHEETING

74.30 PER ROLL
RAGS, 50 LB BOX

67.40 PER BOX
ROPE 1/2 POLY, 100- ROLL

32.40 PER ROLL
ROPE 5/8 POLY, 100- SPOOL

36.70 PER ROLL
SAMPLE JARS - 1 QT

13.10 EACH

SAND BAGS

3.40 EACH

SHRINK WRAP

30.60 ROLL

SIMPLE GREEN

13.10 PER GALLON

SODA ASH

6.10 PER GALLON

SORBENT BOOM W/ JELLING MATERIAL
412.60

PER BALE
SORBENT BOOM, 8"x10"

54.20 EACH
SORBENT PADS 18"x18"x1/4" (200/BALE)

89.10 PER BALE
SUPERFINE, 25 LB BAG

18.40 PER BAG

TRIWALL BOXES
154.70
EACH
VACTOR FLEX HOSE 4"

1.80 PER FOOT
VACTOR FLEX HOSE 6"

2.60 PER FOOT

9. TOOLS AND OTHER EQUIPMENT
BIO-HAZARD "BLOOD" SPILL KIT
103.20
EACH

BOAT HOOKS T-T TELESCOPING

7.00 DAILY

BOBCAT SWEEPER ATTACHMENT
218.60
DAILY

CHEST WADERS

61.20 DAILY
14 PORTABLE GAS POWERED ABRASIVE SAW
147.80
DAILY
COM-A-LONG - 4000 LBS

6.10 DAILY

CUTTING TORCH
149.40
DAILY

DRUM SAMPLING ROD (GLASS)

7.00 EACH
DRUM VACUUM - 55 GALLON
118.90
DAILY

EXTENSION LADDER

13.10 DAILY

EYEWASH STATION

32.40 DAILY
FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTC
221.20
DAILY

FORK LIFT
218.60
DAILY
GENERATOR, 10KV TRAILER MOUNTED

35.00 HOURLY
GENERATOR, 5500 WATTS
123.30
DAILY

HAND TOOLS

52.50 DAILY

HAND WASHING STATION

49.80 DAILY

HAZ-CAT KIT

20.10 PER TEST

HEAVY DUTY JETTER NOZZLES
234.20
DAILY

HEPA VACUUM (DRY)
154.70
DAILY

HIP WADERS

52.50 DAILY

HUDSON SPRAYER

20.10 DAILY
JACK HAMMER 90 LBS
123.30
DAILY

LIFE JACKETS

15.80 DAILY
LIGHT STAND (2 BULBS)

36.70 DAILY
LIGHT TOWER (4 BULBS)
295.50
DAILY
PAGE 5 OF 6

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-1A49FDOE20AF

MEALS ON SPILLS

7.00 EACH

MERCURY VACUUM
516.60
DAILY

NON -SPARKING COLD CUTTER / RIVET BUSTER

97.90 DAILY

NON -SPARKING COLD CUTTER TIPS

30.60 EACH

PER DIEM ALLOWANCE ON TRAVEL
162.60
DAILY
PICKS "MINERS"

2.60 DAILY
PLUG & DIKE, 1 LB CAN

25.40 EACH

POLY SIPHON (POGO) PUMP

19.20 EACH

PORTABLE RESTROOM /SINK
154.70
DAILY

PROFILING FEE (PER WASTE STREAM)

77.80 EACH
RADIO 2-WAY, INTRINSICALLY SAFE

41.10 DAILY

SAWZALL

82.20 DAILY

SKIL SAW

36.70 DAILY
STEEL SPIKES, 36"

5.30 DAILY
TRANSFER HOSES, 1 - 4"

43.70 DAILY
TRUCK RAMPS (30,000 LBS)
295.50
DAILY

VAPOR TIGHT DROP LIGHTS
154.70
DAILY

VENTILATION FAN
118.90
DAILY

WATER METER
258.70
DAILY

WATER TANK TRAILER / PUMP
349.70
DAILY

DRUM DOLLY

24.50 DAILY
LEVEL "A" - FULLY ENCAPSULATED GAS -TIGHT SUIT

WITH SCBA

POLY-TYVEK THROUGH ENCAPSU-

LATED SUIT, BUT NOT

THROUGH

PURIFYING RESPIRATOR
LEVEL i -iLY-TYVEK, COVERALL OR
RAINGEAR SUIT WITH GLOVES, :ii'
HARDHAT i SAFETY GLASSES
'' i

DocuSign Envelope ID: 3022ED00-BO35-4F9F-8B64-lA49FDOE20AF Services Agreement with Ocean Blue Environmental Services, Inc..

EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

DocuSign Envelope ID: 3022ED00-B035-4F9F-8B64-1A49FDOE20AF

000uaunEnvelope ID: anxo x49FooE20AF
POLICY NUMBER: GEC300156801 COMMERCIAL GENERAL LIABILITY Ity
This endorsement modifies insurance provided under the following:

Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization where required by written All Locations as required per written contract. contract provided that such contract was executed prior to the date of loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section U —Who Is An Insured is amended to This insurance does not apply to "bodily injury" ur include as an additional insured the (s) or "property damage" occurring after:
organization(s) shown in the Sohedu|e, but only i. All worh, including materials, parts or with respect to liability for "bodily in] "property equipment furnished in connection with such damage" or "personal and advertising irjurY" wmrk, on the project (other than ommice, cauaed, in whole or in part, by: maintenance or repairs) to be performed by or i. Your acts oromissions; nr on behalf of the additional insured(s) at the

2. The acts or omissions of those acting on your location of the covered operations has been behalf; completed; or
in the performance of your ongoing operations for 2. That portion of "your work" out of which the the additional insured(s) at the location(s) injury or damage arises has been put to its designated above. intended use by any person or organization other than another contractor or subcontractor
However: engaged in performing operations for a

1. The insurance afforded to such additional principal as a part of the same project. insured only applies to the extent permitted by
law; and

2. Ifcoverage provided hmthe additional insured ia
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional inoun*da, the following additional
exclusions apply:

CG 20101219 @ Insurance Services Office, |nc.2O18 Page 1of2

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 10 12 19 @ Insurance Services Office, Inc., 2018 Page 2 of n

DocuSign Envelope ID: 3022EDOO-BO35-4F9F-8B64-IA49FDOE20AF POLICY NUMBER: AECO056QQ1O1
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

AUTO DEALERS COVERAGE FORM
X|C411 1013
A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, ieamended to include eaan "insured" any person nrorganization you are required inawritten contract boname aoanadditional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy cauoed, in whole or in part, by the negligent acts oromissions of:

You, while using acovered "ambo";or

2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission;
Provided that:

The written contract ishneffect during the policy period ofthis policy; � b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" � or"property damage" for which liability coverage iasought; and Such person or organization is on "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent.

B. The Limits of Insurance provided for the Additional Insured eheU not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract.

C. General Conditions, Other Insurance isamended amfollows:

Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is phmery, axceos, contingent or on any other basis unless the contract specifically requires that this policy he primary.

All tenne, oonditione, exclusions and limitations of this policy ohoU apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract.

All other terms and conditions of this policy remain unchanged.

Includes copyrighted material ofInsurance Services Office, Inc,, with its permission.

(Ed. 04-84)
T1M-ffa-V-(Ffffe71gM to recoT�
against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) described in the Scke�ule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

W4 TMOM
TvIrson or Organization Job Descripti(M
RMT11 M11111 !! !111 11 11
This endorsement changes the policy to which it is attached and is effective on the date .• unless otherwise stated.

Endorsement Effective 07/01/2021 Policy No. WEC300156701 Endorsement No.

Insured Insurance Company
Ocean Blue Environmental Services, Inc. XL Specialty Insurance Company am=
WC 04 03 06 Page I of I
(Ed. 04-84) Copyright 1984 Workers' Compensation Insurance Rating Bureau of California. All Rights Reserved.

CITY OF DOWNEY

PROFESSIONAL SERVICES AGREEMENT
WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC.

FOR ON -CALL EMERGENCY HAZARDOUS MATERIAL REMOVAL SERVICES Fg-Mamr-Irl in, FITTM
This Agreement is made and entered into this 14th day of February 2023 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 and Ocean Blue Environmental Services, Inc., a California corporation with its principal place of business at 925 West Esther Street, Long Beach, CA 90813 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties.

2. RECITALS.

KKIEED?.T,Trr.r4 M,
Contractor desires to perform and assume responsibility for the providing on -call emergency hazardous material removal services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it has demonstrated competence and experience in providing emergency hazardous material removal services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Services.

City desires to engage Contractor to render on -call emergency hazardous material removal services as set forth in this Agreement.

The services and prices provided by Contractor to the City as set forth in this Agreement are in accordance with the services, equipment and the prices provided by Contractor in a successful competitive bid process conducted by the City of Vernon on July 26, 2023. Contractor agrees to honor the same scope of work and pricing schedule in that was approved by the City of Vernon Council on October 18,2022 City's purchasing ordinance allows the City to make purchases of services which are made in concert with another governmental agency pursuant to that agency's formal bid requirements (also known as "piggybacking") (Downey Municipal Code section 2905).

3. TERMS.

3.1.1 Ggineral Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply on -call emergency hazardous waste removal

services ("Services"). The Services are more particularly described in SERVICES

AGREEMENT BETWEEN THE CITY OF VERNON AND OCEAN BLUE
ENVIRONMENTAL SERVICES, INC. FOR ON -CALL ENVIRONMENTAL CLEAN-UP SERVICES which is attached hereto as "Attachment 1 " and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 14, 2023 to February 14, 2026 unless earlier terminated as provided herein. Contractor shall complete 'the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The City Manager is authorized to extend this Agreement for two 1 -year terms.
��IIOTTTMTITM PlIff 9-T-TOM 1=4. �

3.2.1 Control and PayMgntof �jubdrdim�s; lndppendent�Cqntractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

Conformance to ADDlitable Reauirements. All work performed by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City 4 be uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property, shall be promptly removed from performing Services by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Justin Lee

3.2.5 Cit's Representative. The City hereby designates Acting Director of Public Works, Edwin Norris, or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Contractor's Representative. Contractor hereby designates Justin Lee or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of ' Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from performing the Services by the Contractor and shall not be re-employed to perform any of the Services.

3.2.9 Laws and Reaulations. Contractor shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Contractor and in any manner affecting the performance of the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend,

indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Contractor's violation of such laws, rules and regulations shall also constitute material breach of this Agreement.

3.2.10.1 Time for Compliaontractor shall not commence the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Minimum Reguirements, Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum �a�gpq pfinsurance. Coverage shall beat least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; (4) Environmental Impairment Liability Insurance; and (5) Pollution Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or *ther form with general aggregate limit is used, either the general aggregate limit shall apply c-eparately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. See additional requirements for Pollution Liability Insurance below; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per accident for bodily injury or disease.
(C) ProfossioggLLigoft. Contractor shall procure and
maintain, and require its sub -contractors to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per claim, and shall be endorsed to include contractual liability.

(D) Environmental Impairment Liability Insurance. Such
insurance which ensures liability for environmental impairment including clean-up costs, and endorsed for "Sudden and Accidental" contamination or pollution unless such coverage is endorsed on the General Liability Policy. Such coverage shall be in the amount of not less than $5,000,000 per occurrence, and in the aggregate.
(E) FWIUfion Liabilify Insurance, Such insurance shall cover liability arising from the release, discharge, escape, dispersal or emission of pollutants, whether gradual or sudden, and include coverage for the costs and treatment of pollutant in compliance with governmental mandate or requests. Motor vehicle pollution liability will be required under the Automobile Liability insurance indicated above for removal of pollutants from work site. Contractor shall maintain limits of not less than $2,000,000 per occurrence and $5,000,000 in the aggregate.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) AUtomobilej!. • omobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and, Employers Liability Coverage, The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. � J (D) Allj�ovetage§. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return

receipt requested, has been given to the City; and (B) any failure to comply with reporting or kher provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, • employees, •:` and •

3.2.10.5 Separation • Insureds: No •' Limitations, All
insurance required by this Section shall contain standard separation of insureds provisions.

In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 20002��
Comoensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates

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The total compensation shall not exceed one hundred and sixty thousand dollars, $160,000 per ygar of the Aureement without written approval of the City. ExtraWorkmaybe authorized, as described below, and if authorized, said Extra Work will be compensated at the rates •' manner set • in this Agreement.

3.3.2 Payment •Y Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial •' date, • since the start • the subsequent billing periods, as appropriate, through the date • the statement. City shall, within thirty (30) days • receiving such statement, review the statement and • all approved •: `•I Reimbursement for penses. Contractor shall not be reimbursed •, any expenses unless authorized in writing • City.

3.3.4 Extra �6Lot . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined • City to •- necessary for the proper completion of the Services, • which the parties did • reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Ptqypiliog �Ya . Contractor is aware that that City is a California charter city. As such, under many circumstances, the payment of prevailing wages is not required. However, due to City's receipt of State funding, the fact that the Services may be matter of State or regional concern, or the existence of other special circumstances may require the payment of prevailing wages. The requirements of California Labor Code Sections 1720 et seg. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seg. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and 14maintenance" services, may apply to the Services. To the extent applicable, Contractor agrees to fully comply with such Prevailing Wage Laws. If applicable, City shall provide Contractor with a copy of the prevailing rates of per them wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of p them wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business. Contractor shall defend, indemnify and hold the City, its electe officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.1 Maintenance and Insppgon. Contractor shall maintain complete and accurate records wit spect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 11 11- ed • NA

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor terminate the whole or an•art of this A&sreement at an time either for cause or for the City's convenience and without cause by giving written notice to Contractor of such lermination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Contractor may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days'written notice.

Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Contractor for all services adequately rendered and all reimbursable costs incurred by Contractor up to the date of termination, in accordance with the payment provisions of this Agreement.

The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:

Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Services by either party to any other entity without the prior written consent of the other party; Suspension of the Contractor's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; Material changes in the conditions under which this Agreement was entered into, the Scope of Services, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.

3.5.1.2 Effect of Terminatibm If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 DeliveN of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

M
Ocean Blue Environmental Services, Inc.
925 W. Esther Street
Long Beach, California 90813
Phone: (562) 624-4120
Fax: (562) 624-4127
Attn: Justin Lee, Contract Administrator
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
With a courtesy copy to:

City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3.1 Documents& Data; Licensing- of Intellectual _R[gg@Ay. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares

officials officers, employees, and agents or volunteers. Contractor shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.5.8 Governing -Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 Cit `'s hi ht to Em lo. Other Contractors. City reserves right to employ other Contractors in connection with the Services.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement.

All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third Party B�Mefiqiaries. There are no intended third party • • any right • obligation assumed • the Parties.

3.5.17 • • portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For • • violation • this warranty, City shall have the right to rescind this Agreement • r• For the term of this Agreement, • •_- • • employee • City, during the term • his • her service with City, shall have any • interest in this Agreement, •'I •• any • • anticipated material •- arising • ■ • ••• • Contractor • that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex • age. Such non-d iscri m i nation shall include, • not • limited • all activities related to initial employment, upgrading, demotion, transfer, recruitment • recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance • the Services.

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterpaits, This Agreement may •_ _• in counterparts, each •' which shall • • and the same instrument.

In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any • its exhibits, attachments, • orders, • • to proceed, the provisions of this Agreement will govern and control.

CITY OF DOWNEY, OCEAN BLUE ENVIRONMENTAL SERTICES,
a California municipal corporation Inc., a California Corporation and charter city
ma
Attest
City Clerk
Approved as to Form,
City Attorney
By:

Moonho C. Lee
Its: Chief Financial OfficerNice President
Secretary
07010M��
3��

ATTACHMENT I

SERVICES AGREEMENT BETWEEN THE CITY OF AND OCEAN

Sou&rn California and Vernon has attracted smaller, lighter industrial facilities. The business friendlyenvironment,•'... cost utilities and key locationfor : • and rail transport continue to position Vernon as an ideal location for industrial uses.

City Government: The City Council consists of five members, elected at -large, who serve five-year staggered terms. A Mayor and a Mayor Pro Tern are annually appointed according to a rotation schedule based on year of election.

Labor Force: Vernon has approximately 225 employees, and its departments include a Police Department, Finance Department, Public Works Department, Public Utilities Department and Health and Environmental Control Department. Present bargaining units include the Vernon Police Officers Benefit Association, Vernon Police Managemenl Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local
911.

AI
well as abandoned/dumped materials within the City's jurisdiction. Due to the potential hazards these occurrences pose to public health and/or the environment, City staff must be able to respond accordingly on a 24 hours a day, 365 days a year basis whenever there is an impact or threatened impact to areas within the City's jurisdiction. Typically, these types of incidents require the responsible business/entity to provide necessary clean-up services which are overseen by the City. When a responsible party is unable to secure the services of an environmental cleanup company in a timely manner, the City contracts with a vendor to carry out the necessary emergency work.

Page 1 of 28 ends

4. SCOPE OF SERVICES REQUIRED
The City of Vernon is seeking the services of a highly qualified firm to assist with:

I. Emergency Environmental Clean -Up Services.:

Environmental clean-up services requiring immediate response as determined by City staff shall be considered ''emergencies". Upon contact for assistance with an emergen f the emergency response by the
d, the Contractor shall mobilize resourc€
request by City staff unless otherwise agreed upon. Typical tasks that may be required of the Contractor to be performed under the direction of City staff on an emergency environmental clean-up include:

A. Deploy containment and absorbent material/boom, and temporary barriers (such as dirt berms, sand and/or gravel bags) as needed, to control and recover pollutants.

B. Deploy heavyequipment as needed to establish containment berms; remove wastes and contaminated material; and position/relocate/recover equipment, containment booms, etc.

C. Deploy vacuumitrucks'of appropriate size as required, trailer -mounted and portable pumps and other equipment as necessary to contain and recover pollutants, contaminated debris, and sediment.

D. Perform steam/high-pressurewashing of roadways, underground storm drain lines, flood control structures, and any other areas deemed necessary to remove pollutants and contamination. Where practical, a sewer jet truck (e.g. Vactor Ramjet trucks) may be used to "jet" underground; pipelines in lieu of pressure washing. Capture and containment measures shall be implemented to prevent the release of pollutants and contaminated debris dislodged during the steam/high-pressure washing cleaning procedure.

E. Perform confined =space entry when needed to conduct environmental clean-up services. Confined -space activities may involve work in oxygen -deficient or hazardous atmospheres, requiring appropriate training, and safety and monitoring equipment.

F. Under certain hazardous conditions Contractor may need to work in Levels A, B, C; or D PPE as part of this scope of work, and these costs should be included as appropriate with staff billing rates.

G. Set up temporarystorage bins or tanks as needed for collection and quantification of solid and/or liquid wastes recovered during clean-up. Secondary containment shall be provided as necessary.

H. Deploy light towers for crews to operate safely at night or in darkness.

I. Provide all necessary trafficycontrol ;measures for crews to operate safely. Traffic control measures shall meet the requirements of the California Vehicle Code,

Page 2 of 28 ends

Page 3 of 28 ends

U.Non-Emergency Environmental Clean -Up Services
Environmental clean-up services not requiring immediate response as determined by City staff shall beconsidered "nmn-ennergenc|me^ Upon request, Contractor shall establish a mutually agreeable schedule for non -emergency environmental clean-ups, Typical tasks that may be required of the Contractor to be performed under the direction of City staff on a non -emergency environmental clean-up include all mfthose identified within Section |.

A. City of Vernon will select one firm for all of the outlined Scope ofService onthe basis ofqualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposals:

1. Respondent key personnel must have a minimum of five (5) years of experience providing services described in Section 4, "Scope of Services

2. Respondent must Or a
similarly industrial jurisdiction.

3. Respondent must have enoffice location within Los Angeles County.

4. Respondent nnued not have a conflict ofinterest which would prevent it from providing the Services requested in this RFP.

5. Respondent must have adequate qualified staff and availability to complete the project aedescribed inSection 4"Scope ofServices Requinad.^

0. Respondent staff must have current and ingood standing applicable licenses/certifications toprovide On -Call Environmental Cleanup Services at the time the proposal iesubmitted and during the contract term.

B. Selection Criteria: The City will conduct acomprehensive, fair, and impartial evaluation ofproposals received inresponse tmthis F(FP. All proposals received will bmreviewed and evaluated bxacommittee ofqualified personnel. The name, information, or experience of the individual members will not be made available toany proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will beused inreviewing and comparing the proposals and indetermining the highest scoring bid:

1. 40% Qualifications, background and prior of the firm |nthe GeruiceAreo(a) being proposed, experienceofkey staff assigned booversee services provided bnVernon, evaluation ofsize and scope mfsimilar work performed and success on that work.

2. the City for handling matters. Coat is not the sole
determining factor but will betaken into consideration. Proposer must offer eeruiomo at rate comparable tothe rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than Page *of 28

theconnp�na�orat�iogr::n�ofordiaqua|UDooU�nofthePpopmeer� |frfea _-
differ for different types orlevels ofservice, orfor different Service Areas, the Proposer should so state.

3. 10% Responsiveness, to the RFP, and quality and responsivenessVfthe

4. 20% References including past performance of proposer. gig
A. Format: Limit your proposal to 20 typed 8.5" X 11 " pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments). You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted

1. Use a conventional typeface with a minimum font size of 12 points.

Use a 1" margin on all borders.

3. Responses are due on or before 6:00 p.m. on August 31, 2022.

Late responses will not be accepted.
'
If you have any questions about this RFP, please contact Veronica '
Petrosyan, Deputy Director of the Department of Health and Environmental Control at (323) 826-1448. Please note that any questions asked and any response provided by Vernon will be sent to every person who will be submitting a proposal, to the extent the City is aware ofthem.

B. All proposals shall include a cover letter which states that the - proposal remain valid for period ofnot less than ninetv(SO) days from the date nfsubmittal. If the proposal contemplates the use of sub- contractors, the sub -contractors shall be identified in the cover letter. If the proposal iSsubmitted byebusiness entity, the cover letter shall be executed byGnofficer authorized to contractually bind the business entity. With respect tothe business entity, the cover letter shall also include: the identification Qfthe business entity, including the name, address and telephone number Qfthe business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period.

Page oof 28

procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget.

D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed.

E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed.

F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer.

G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references.

The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City.

H. Affidavit of Non -Collusion. Proposer must submit a completed and executed, "Affidavit of Non -Collusion." (Copy attached as Exhibit A).

At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date d respondents time to address such chanaes. Addenda. chanaes. and amend made, will be posted on the City's website ( www.cityofvernon.org) , which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness.

Page 6 of 28 ends

Page 7 of 28 ends

EXHIBIT A

AFFIDAVIT OF NON -COLLUSION

Page 8 of 28 ends

F41 W W I a-XV V ILI] W01411121KKI

STATE OF CALIFORNIA
) SS

COUNTY OF LOS ANGELES
and says that he/she is
(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; 1bat such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and ftirther That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else;

1. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business.

I certify under penalty of perjury that the above information is correct By: . . .. . ............ . ... Title:-- — -------------- [M

STANDARD FORM AGREEMENT

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ail
10 awella F-Al M 114 1101 '11F
am ilk I LTJ 1:1 k
Contractor: [insert name of contractor]
Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Telephone: [insert phone number]
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Freddie Agyin, Director of Health
and Environmental Control
Commencement Date. [insert commencement date',
Termination Date: [insert termination date]
Consideration: Total not to exceed $[insert amount]
(includes all applicable sales tax); and more
particularly described in Exhibit B
ig! I � 1! �1 wil I

Page 11 of 28 ends

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME]

FOR ON -CALL ENVIRONMENTAL CLEAN-UP SERVICES
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor")
The City and Contractor agree as follows:

1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on

2.0 SCOPE OF SERVICES.

2.1 Contractor shall perform all work necessary to complete the services set forth in the City's Request for Proposals issued on or about and titled and Contractor's proposal to the City ("Proposal") dated Exhibit "A", a copy which is attached to and incorporated into this Agreement by reference.

2.2 All services shall be performed to the satisfaction of City.

2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.

3.0 PERSONNEL.

3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.

3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.

3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.

4.0 TERM. The term of this Agreement shall commence on [state date], and it shall continue until [state date which may not be more than three years from the commencement date], unless terminated at an earlier date pursuant to the provisions thereof.

5.0 COMPENSATION AND FEES.

5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of

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R-7 MMT;X?KK1II
Exhibit "B" attached hereto and incorporated herein by reference.

Agreement, shall not exceed [state amount] without the prior authorization of the City, as appropriate, and written amendment of this Agreement.
dental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related rfr$T��- I �-# �
specifically approved in this Agreement, or specifically approved in writing in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the Illinim, ligil I I i I I A

5.4.2 Approved reproduction charges.

5.4.3 Actual costs and/or is costs and/or payments specifically R �11 Me 81��WIRIIITR IRTITIFITIMIT11 . - I
Mmm
lilrorerilTor--rim.wo,•llal�ll!�i�llili,,!Igl:17ilrifv"om--Itrlo =AM is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit "B," if the extra work has been approved by the City.

OEM=.
by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and

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interest, which may bmimposed by law and which arise from orare necessary for the performance ofthe Services bvthis Agreement.

6.0 8.1 Aoscheduled services are completed, Contractor shall submit 0othe City mninvoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.

6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.

6.3 Contractor shall also submit a progress report with each invoice that describes inreasonable detail the services and the extra work, ifany, performed in the immediately preceding calendar month.

6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.

0.5 City will pay Contractor the amount invoiced within thirty (3Q)days after the City approves the invoice.

6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered bvthat invoice.

7.0 City shall cooperate with Contractor aamay be
reasonably necessary for Contractor tmperform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.

8.0 COORDINATION OF SERVICES. Contractor agrees tDwork closely with City staff in the performance of Services and shall be available to City'e mtaff, consultants, and other staff a1all reasonable times.

9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions orliabilities (herein "claims or||abi|itiea^ . including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such

Page 14 of 28 ends

claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.

I. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non -owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services.
iii. General Liability with minimum limits of at least $2,000,000 per occurrence and $4,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.

hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services.
iv. Contractors Pollution Liability (CPL) policy limit shall provide coverage of no less than $1,000,000 per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims.
(1) Contractor shall obtain, pay for, and maintain for the duration of the Contract CPL insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed "by or on behalf' of the insured.
(2) All activities contemplated in the Agreement shall be specifically scheduled on the CPL policy as "covered operation." In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non -owned disposal sites. (3) The policy shall specifically provide for a duty to defend on the part of the insurer. The City of Vernon, its officers, employees and agents shall be added to the policy as additional insureds by endorsement.

V. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers' compensation insurance in accordance with

Page 16 of 28 ends

the laws for California for all of the subcontractor's employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of thisAgreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-Vill. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insul

Page 17 of 28 ends

of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

11.17 TERMINATION FOR CONVENIENCE ffithout Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.

11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all

Page 22 of 28 ends

Contractorin connection with the performance of Services under this Agreement. Contractor ?hall be required to provide such document and other information within fifteen (115) days of the whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

IgIIIIIII1111111 IIIII'limp, 1111
to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement or for other purposes relating to the Agreement.
1:111 IMPM MEMEMUMEMM
not, the Contractor shall, upon request, promptly deliver the records to the City ofTernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a IMMOTIns such additional �fout of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.

11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that ni member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.

11.22 HEADI��. Paragraphs and subparagraph headings contained in this Aarepweit gre Vicluded solelv for coTveraenr_e-a.!id we rio a Tull or accurate a- is • •; a. o
or interpretation of this Agreement.
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code

eaapenalty paid tothe City; provided,however, work performed by employees ofcontractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked inexcess of8hours per day odnot less than 11/2 times the bee|o rate of pay.

11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performanceofthis Agreement, itand any other parties with whom itmay subcontract shall adhere toequal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because oftheir race, re||g|on, oo|nr, national origin, anoeatry, disability, sex, age, medical condition, sexual orientation mrmarital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit''C"

Page 24 ends

City of Vernon, a California charter City [CONTRACTOR'S NAME], a [State and California municipal corporation incorporated in] corporation By: By:

Carlos R. Fandino, Jr., City Administrator
Name:

Title:
in
Lisa Pope, City Clerk Nam
Title:
•

EXHIBIT A

CONTRACTOR'S PROPOSAL

Page 26 of 28 ends

41030491114

I WM 1114 1�

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance ofthis Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices 0oassure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, orage. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" orthat all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding euthorib/, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential orprivileged under state orfederal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which in prohibited by |evx.

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Downey City CouncilMarch 28, 2023

Downey City Council
March 28, 2023