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AGREEMENT: CITY OF SIGNAL HILL – OFFICE OF
ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
AGREEMENT FOR PROFESSIONAL SERVICES –
(ON-CALL) RISK ASSESSMENT
This AGREEMENT is between the City of Signal Hill, (hereinafter referred to as “the City"), and THE STATE OF CALIFORNIA, OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT (OEHHA) (hereinafter referred to as the "CONTRACTOR"). This AGREEMENT is effective upon the approval signature dates of the CITY and Contractor whichever date is the later.
I. RECITALS
WHEREAS, the CITY desires technical assistance in risk assessment for the residents of the CITY by contracting with CONTRACTOR; and WHEREAS, the CITY AND CONTRACTOR desire cooperation and coordination in implementing joint responsibilities towards risk management; and WHEREAS, CONTRACTOR is prepared to provide such services in the terms and conditions set forth in this AGREEMENT and attachments which are part of this AGREEMENT; and
WHEREAS, the CITY and CONTRACTOR desire to enter into this AGREEMENT on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the CITY and CONTRACTOR agree as follows:
II. TERMS AND CONDITIONS
A. MISSION. The CITY hereby retains the CONTRACTOR and the CONTRACTOR hereby accepts such responsibility as described herein.
B. TERM. The term of this AGREEMENT shall commence on April 11, 2025 and shall continue in effect until the services provided for herein have been performed or until twenty-four (24) months from April 11, 2025, whichever occurs sooner, unless this AGREEMENT is sooner terminated as provided for hereinafter. Services shall be undertaken and completed in such a sequence as to assure their effectiveness in implementing this AGREEMENT. This AGREEMENT may be amended for a period not to exceed an additional 24 months, upon written agreement between the parties, provided the funds allocated herein have not been exhausted. 55728.00301\43417493.1
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C. CONTRACTOR RESPONSIBILITIES. The CONTRACTOR'S services shall include the professional services as detailed in EXHIBIT A.
D. COMPENSATION. The compensation for the services as outlined in EXHIBIT A shall not exceed $20,000. CONTRACTOR will submit monthly invoices for work actually performed to the CITY at the rates set forth in EXHIBIT B.
All invoices should be accompanied by documentation setting forth in detailed description of the services rendered. The CITY shall make payment within 30 days of receipt of invoice. Invoices shall be sent to:
Community Development
Attn: Colleen T. Doan
City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
And email to [email protected]
When payment by the CITY is deemed delinquent, CONTRACTOR may follow collection procedures in accordance with the Accounts Receivable Management Act as provided in Government Code Sections 16580-16586.
E. REIMBURSABLE EXPENSES. The CONTRACTOR shall bill the CITY for reimbursable expenses including mass production photocopying, photographs and slides, mileage, messenger service, parking and long-distance phone calls.
F. OWNERSHIP OF DOCUMENTS. All studies, papers, files, drawings, contracts, reports and other such documents prepared or developed in accordance with this AGREEMENT by the CONTRACTOR shall remain the property of the CITY.
G. INDEPENDENT CONTRACTOR. The CONTRACTOR shall perform the work as provided herein as an independent contractor and shall not be considered an employee of the CITY or under CITY supervision or control. This AGREEMENT is by and between the CONTRACTOR and the CITY, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or associate, between the CITY and the CONTRACTOR.
H. INDEMNIFICATION. (Note: Non-negotiable term and condition.
Failure to accept Item H as stated below will require OEHHA to withdraw offer of services). The CONTRACTOR agrees to indemnify, defend and save harmless the CITY, its agents, officers and employees only from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, or property damage arising from or directly connected with CONTRACTOR'S 55728.00301\43417493.1
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review of the assessment of human health and/or environmental risks at the Site which services are more particularly described in Exhibit A.
I. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the CONTRACTOR whose name is as appears first above written and said CONTRACTOR shall not assign nor transfer any interest in this AGREEMENT without the prior written consent of the CITY. Claims for money by CONTRACTOR from the CITY under this contract may be assigned to a bank, trust company, or financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY.
J. INSURANCE. (Note: Non-negotiable term and condition. Failure to accept Item J as stated below will require OEHHA to withdraw offer of services). CITY agrees to accept evidence of self-insurance from CONTRACTOR for all lines of insurance, including General Liability and Workers’ Compensation Insurance. The CONTRACTOR shall provide the CITY with satisfactory evidence of self-insurance coverage upon the CITY’s request.
Workers’ Compensation. The CONTRACTOR agrees to maintain at its expense, during the term of this AGREEMENT, all necessary insurance for its employees engaged in the performance of this AGREEMENT, including, but not limited to, Workers’ Compensation insurance, and to provide the CITY with satisfactory evidence of such insurance coverage upon the CITY’s request.
Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of this AGREEMENT upon which the CITY will immediately terminate this AGREEMENT.
K. NON-DISCRIMINATION. The CONTRACTOR agrees that no person shall be excluded from employment in the performance of this AGREEMENT on the grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the CONTRACTOR agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
L. SEVERABILITY. In the event that any covenant, condition or other provisions herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this AGREEMENT and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law.
M. INTERPRETATION. No provision of this AGREEMENT is to be interpreted for or against either party because that party or that party's legal 55728.00301\43417493.1
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representative drafted such provision, but this AGREEMENT is to be construed as if both parties drafted it hereto.
N. ENTIRE AGREEMENT. This AGREEMENT supersedes any and all other AGREEMENTS, either oral or in writing, between the parties hereto with respect to the retention of CONTRACTOR by the CITY and contains all the covenants and AGREEMENTS between the parties with respect to such retention.
O. WAIVER. No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof.
P. TERMINATION OF AGREEMENT. This AGREEMENT may be
terminated at the sole discretion of either party by giving written notice at least thirty days prior to the effective termination date in the written notice. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this AGREEMENT shall, at the option of the CITY, becomes its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by the CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONTRACTOR is determined.
Q. CHANGES. The CITY or the CONTRACTOR may request changes in the scope of the services of the CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written amendments to this AGREEMENT.
R. COMPLIANCE WITH LAWS. The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this AGREEMENT.
S. PROPOSAL. EXHIBIT A and EXHIBIT B, as well as any and all addenda or additions mutually agreed upon in writing by both parties herein, are incorporated by reference to this AGREEMENT.
III. NOTICES
Notices herein shall be presented in person or by certified or registered U.S.
Mail, as follows:
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To the CONTRACTOR: Deputy Director
Administrative Services Division
Office of Environmental Health Hazard
Assessment
1001 I Street
P.O. Box 4010, MS 12B
Sacramento, CA 95812-
4010
To the CITY: Carlo Tomaino, City Manager
City of Signal Hill
2175 Cherry Ave.
Signal Hill, CA 90755
IN WITNESS HEREOF, the CITY and CONTRACTOR have executed this AGREEMENT as of the date first herein above set forth.
CITY OF SIGNAL HILL STATE OF CALIFORNIA
___________________________ ____________________________ Carlo Tomaino MIKE GYURICS
City Manager Deputy Director,
Administrative Services Division
Date: ______________________ Date: _______________________ Approved as to form:
_________________________
Matthew E. Richardson
City Attorney
Date: ______________________
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EXHIBIT A
STATEMENT OF WORK
1. The Office of Environmental Health Hazard Assessment (hereinafter referred to as “OEHHA”) hereby enters into an AGREEMENT with the CITY to review the assessment of human health and/or environmental risks under the oversight of the CITY and/or the Los Angeles County Regional Water Quality Control Board hereinafter referred to as “AUTHORITY”.
2. The Project Representatives during the term of this AGREEMENT will be:
City of Signal Hill Office of Environmental Health
Hazard Assessment
Attention: Colleen T. Doan Attention: Meng Sun
Address: 2175 Cherry Ave.,
Signal Hill, CA 90755
Address: 1001 I Street
P.O. Box 4010, MS 12B
Sacramento, CA 95812
Phone: (562) 989-7340 Phone: (916) 327-7327
E-Mail:
[email protected]
E-Mail:
[email protected]
The parties may change their respective Project Representative upon providing ten (10) days written notice to the other party.
3. The Project Administrative Contacts during the term of this AGREEMENT will be:
City of Signal Hill Office of Environmental Health
Hazard Assessment
Attention: Colleen T. Doan Attention: Brian Brown
Address: 2175 Cherry Ave.,
Signal Hill, CA 90755
Address: 1515 Clay St., 16th Fl.
Oakland, CA 94612
Phone: (562) 989-7340 Phone: (510) 622-3193
E-Mail:
[email protected]
E-Mail: [email protected]
The Project Administrative Contacts are responsible for executing tasks as outlined in the “Work to be Performed”. All inquiries regarding work to be performed should be directed to the Project Administrative Contacts. 55728.00301\43417493.1
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4. The Contract Representatives during the term of this AGREEMENT will be:
City of Signal Hill Office of Environmental Health
Hazard Assessment
Attention: Colleen T. Doan Attention: Cindy Vang
Address: 2175 Cherry Ave.,
Signal Hill, CA 90755
Address: 1001 I Street
P.O. Box 4010, MS 12B
Sacramento, CA 95812
Phone: (562) 989-7340 Phone: (916) 327-8357
E-Mail:
[email protected]
E-Mail:
[email protected]
B. WORK TO BE PERFORMED
1. It is the responsibility of the CITY to:
a. Provide a written work request to OEHHA containing:
1) Description of the site, name/title, location/street address. 2) Site project number, if applicable.
3) Description of the type of review services requested including travel, conference calls, and meeting attendance, as needed. 4) Work timetable and/or requested completion date.
5) The name, title, telephone number, e-mail address and mailing address of the CITY Project Manager.
6) If applicable, the name, title, telephone number, e-mail address and mailing address of a designated AUTHORITY
project manager.
7) A listing of documents to be reviewed together with the documents themselves. All documents submitted to OEHHA
will be accompanied by a work request.
b. Submit a work request to the OEHHA Project Administrative Contact for each site and/or document for program assignment and cost estimation.
c. Serve as liaison between the OEHHA and CITY and will oversee and coordinate all work activities.
d. Compensate OEHHA in accordance with the OEHHA Air and Site Assessment and Climate Indicator Branch Schedule of Hourly Rates (EXHIBIT B) for work request estimates, work performed and necessary travel expenses and per diem.
2. As specified in the work request submitted by the CITY Project Representative, it is the responsibility of OEHHA to perform the following services when requested:
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a. Assist the CITYstaff in planning and coordinating meetings with responsible parties (RP) and/or their consultants. Provide information necessary to develop risk assessments for specific cleanup sites as listed in the work request.
b. Evaluate the appropriateness of the proposed conceptual site model and/or other aspects of the risk assessment.
c. Review risk assessments submitted, under cover of a work request, to OEHHA by the CITY Project Representative.
OEHHA shall review, evaluate and make written
recommendations for revisions to the assessment as
submitted to the CITY and AUTHORITY project managers. In the event of subsequent revisions, OEHHA shall review and evaluate any such revisions to provide additional
recommendations of the overall assessment documents by
the mutually agreed upon completion date stated on the work request.
d. Provide consultation services to CITY staff, AUTHORITY staff and Responsible Party (RP) and/or consultants on issues concerning human health and/or environmental risks.
e. When requested, provide expert testimony on and concerning OEHHA’s review and consultation on behalf of the CITY and AUTHORITY at council or board hearings and courtroom
proceedings. Such expert testimony shall be available during the executed term of this AGREEMENT.
f. Provide general human health and/or environmental risk assistance and training when specified on a work request. g. Send a memorandum providing comment and
recommendations to the CITY and AUTHORITY upon
completion of the work and within the time frame as specified in the work request.
h. Record all time and activities spent on the project and provide these records to CITY upon their request.
i. Prepare invoice(s) to include contract number, work request and/or site reference number, a brief description of work performed, number of hours and costs by position and travel and per diem if applicable. Invoices shall be submitted, in duplicate, nor more frequently than monthly in arrears to:
City of Signal Hill
Attention: Community Development
2175 Cherry Avenue
Signal Hill, CA 90755
Via email to [email protected]
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EXHIBIT B
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
AIR AND SITE ASSESSMENT AND CLIMATE INDICATOR BRANCH (ASACIB)
SCHEDULE OF HOURLY RATES
For the period covering April 11, 2025 – June 30, 2025
Position Hourly Rate
Supervising Toxicologist $212
Senior Toxicologist 207
Environmental Program Manager (Supervisory) 205
Staff Toxicologist (Specialist) 164
Associate Toxicologist 135
Research Scientist Supervisor I 164
Research Scientist II 135
Research Scientist I 123
Associate Government Program Analyst 113
Staff Services Analyst 76
Office Technician (Typing) 68
For the period covering July 1, 2025 – June 30, 2027
Position Hourly Rate
Supervising Toxicologist $229
Senior Toxicologist 217
Environmental Program Manager (Supervisory) 222
Staff Toxicologist (Specialist) 164
Associate Toxicologist 135
Research Scientist Supervisor I 164
Research Scientist II 135
Research Scientist I 123
Associate Government Program Analyst 113
Staff Services Analyst 91
Office Technician (Typing) 76
The above hourly rates include costs for personnel services, benefits, and indirect/ overhead costs. Hourly rates exclude travel and per diem costs.
Annually OEHHA shall compare the Flat Hourly Rate aggregate with actual expenditures as reported by the OEHHA financial system for the preceding 12-month period to determine if any decrease and/or increase by classification should be made. If it is determined that revisions to the Flat Hourly Rate are warranted. OEHHA shall prepare a revised rate schedule and through an amendment of the AGREEMENT, the revised rate schedule shall be attached to and made a part of this AGREEMENT. 55728.00301\43417493.1
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Payment for services performed under this agreement shall be based upon: 1) number of hours of consultation; 2) necessary travel time: 3) associated travel and per diem costs incurred.
Any reimbursement of costs for associated travel and per diem shall be at the rates not to exceed those amounts paid to the State’s represented employees under collective bargaining agreements currently in effect.