CC - Item IV.CC-F - Request From Lincoln Training Center To Sponsor 18th Annual Awards Dinner & Auctiona1
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: FEBRUARY 4, 2002 6
RE: REQUEST FROM LINCOLN TRAINING CENTER TO
SPONSOR 18 ANNUAL AWARDS DINNER & AUCTION,
MARCH 9, 2002
Attached for your consideration is information on the Annual Affair of the
Heart awards dinner put on by the Lincoln Training Center. In the past the
city has placed an ad in the program. It is recommended that the City place a
full -page ad at a cost of $350.00.
RECOMMENDATION
It is recommended that the City Council authorize the expenditure of $350.00
for the placement of a full -page ad in the program for the 18` Annual Affair
of the Heart dinner.
FGT: j s
COUNCIL
FEB 12 2002
ITEM No. V . CC-F
in
o
a
0
o �
"�Y ,' • . \�•e� �,;, � /off 0,1 � \
• 0 r
•• r _ l�']
Ft
w a
rt _
m
a
o
G
w
2
im
n ml
o
4
nz mlml
J
�
ry
•
s
• l 1
�
nJ
7
O
m
i"L
Q
rJ
O
J
N
m
rr
O
Ul
rt-
(D
O
<
t
J
V
Il
J
S
CJ
c
G O
n
�
Cu
+
J
V
uj
CD
CD
•
Q2
o
a
0
o �
"�Y ,' • . \�•e� �,;, � /off 0,1 � \
• 0 r
•• r _ l�']
Ft
w a
rt _
m
a
o
G
w
2
im
n ml
o
4
nz mlml
J
�
ry
•
• l 1
�
nJ
7
O
m
i"L
Q
rJ
O
J
N
m
o
a
0
o �
"�Y ,' • . \�•e� �,;, � /off 0,1 � \
• 0 r
•• r _ l�']
Ft
w a
rt _
m
a
°
2
im
n ml
o
4
nz mlml
oa
o
a
0
o �
"�Y ,' • . \�•e� �,;, � /off 0,1 � \
• 0 r
•• r _ l�']
Ft
w a
rt _
m
18TH ANNUAL AFFAIR OF THE HEART
Tribute Journal Ad Reservation Form
(P /en.. ,ma rcrcree silo jor Sponsor /ups and 7idct Rasarvutinns)
— Full page (7-1/2" T x 10" H) ............ ...........................$350
— Half page (7 -1/2" T x 4 -3/4" H) ............................... .... $225
_ Quarter page (3 -1 /S" T x 4 -3/4" H) ...... ...........................$125
Business card (3 - 1/2' T z 2" H) .......... ............................$50
Q Repeat my ad without changes from 2001 Tribute Journal (P— .... s .d,.ni�,...,,,1 v 1
All inside pages are bl ack and white and will be enclosed within a set border. Original, black
and white, camera -read) art is preferred at sizes stated above; however, a draft copy of your
ad may be submitted and we will typeset it for an additional fee (S20 minimum). Your
black and white, camera -ready logo may also be included. Your ad or logo may be submitted
electronically-, please contact us for details and requirements. All ads must be in by Fe s,
2002.
Q I would prefer to pay by: Cbeek /Visa /MC /Amex: #
IIM..., 6,sl � p...,,.ma.J)
Signature: Expiration Date:
Name:
Company:
Address:
City: _
State: Zip:
Phone:( Fax:
F_MJ
DEADLINE FOR RECE11YT OF CAMERA -READY ART)WORK:
FEBRUARY S, 2002
Please make checks payable to: LINCOLN TRAINING CENTER
Send checks and camera -ready artwork to:
Lincoln Training Center .
2643 Loma Avenue, South El Monte, CA 91733
Lincoln Training Center is a 501(c)3 not - for - profit organization.
Contributions are tax deductible as permitted by law.
For information: (626) 442 -0621 - Fax: (626) 442 -0177 - Web site: line.,l..tc,,,rg
C. RESOLUTION NO. 2002 -10 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD CASTING ITS VOTES FOR WEST
COVINA COUNCILMEMBER MIKE MILLER AS ALTERNATE
MEMBER TO REPRESENT CITIES WITHOUT PUMPING RIGHTS ON
THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY
AUTHORITY
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK that the Council adopt Resolution No. 2002 -10. Vote resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR (Items CC-.0 and CC -E were pulled for discussion _
purposes)
CC -A AUTHORIZATION TO ATTEND A SEMINAR ON UNDERSTANDING
THE CONTROLLER'S FUNCTION, MAY 23-24,2002, FORT
LAUDERDALE, FLORIDA
CC -B ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR 2001 -2002
STREET RESURFACING ON VARIOUS CITY STREETS AND
RESTRIPING OF GARVEY AVENUE
CC -D APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP
26259- 8925 -8929 BEATRICE PLACE
2' 2 E -F REQUEST FROM LINCOLN TRAINING CENTER TO SPONSOR 18
ANNUAL AWARDS DINNER AND AUCTION — MARCH 9, 2002
CC -G AUTHORIZATION TO ATTEND 24 ANNUAL INTERNATIONAL
ASIAN ORGANIZED CRIME CONFERENCE, MARCH 25-29,2002,
CHICAGO, ILLINOIS
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council approve the aforementioned items on the Consent Calendar. Vote resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
CCMIN:2 -12 -02
Page a3
mn ` * the Mayor declared said motion duly carried and so ordered.
CC -C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR STREET
AND STORM DRAIN IMPROVEMENTS IN OLNEY STREET, RALPH
STREET AND HART AVENUE
Mayor Pro Tern Bruesch requested clarification on the Dunn and Bradstreet rating for
Mike Prlich & Sons, which states that that business discontinued operations in 1999.
Robert Kress, City Attorney, explained probably what transpired is that Mike Prlich &
Sons sole proprietorship ceased to exist and it became a corporation. That necessitates a change
in the licensing whereby the corporation obtains the contractor's license.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN
TAYLOR that the Council accept the bids and award the project to Mike Prlich and Sons Inc., in
the amount of $464,580.00; waive the irregularities in the bids by Los Angeles Engineering, Inc.,
and E.C. Construction; and authorize the Mayor to sign the contract on behalf of the City. Vote
resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC -E AUTHORIZE FILING OF A SB 1066 WAIVER FOR A TIME
EXTENSION ON THE CITY'S AB 939 COMPLIANCE DEADLINE AND
APPROVE CONSULTANT SERVICES AGREEMENT WITH E. TSENG
& ASSOCIATES FOR CONTINUATION OF TECHNICAL ASSISTANCE
Juan Nunez, 2702 Del Mar, Rosemead, stated that in his neighborhood, no one puts out
their recycling bins and that the City cannot meet it's mandated 50% disposal rate.
Mayor Pro Tern Bruesch explained that approval of tonight's contract will allow for time
extensions to enable other programs to be developed. Mr. Bruesch stated there is a recycling
program in place at the schools and we are currently developing a business partnership whereby
businesses can begin recycling and buying recycled products.
Mayor Imperial stated that Rosemead has met State requirements, but that the State
changed their, requirements.
CCMIN:2 -12.02
Page a4
M
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: FEBRUARY 12, 2002
RE: AUTHORIZE FILING OF A SB 1066 WAIVER FOR A TIME EXTENSION
ON THE CITY'S AB939 COMPLIANCE DEADLINE AND APPROVE
CONSULTANT SERVICES AGREEMENT WITH E. TSENG &
ASSOCIATES FOR CONTINUATION OF TECHNICAL ASSISTANCE
AB 939 required every city to divert 50% of its solid waste stream from landfills by
2000. While the City's diversion rate has improved from 18% (1999) to 40% (2000) as a
result of preparation of a new base year study and reduced disposal tonnage in 2000, the
City - like roughly 76% of cities statewide — didn't achieve the state's mandate. To avoid
a compliance order and possible monetary sanctions, staff recommends Council authorize
filing of a SB 1066 time extension waiver and approve a consultant services agreement
with E. Tseng & Associates, extending the firm's technical assistance to the City.
1 Date:
Agenda Item No. — 77 7— . C-L— 6
RES /ORD No.
Title J S� �
qffi
VASQUEZ I TAYLOR
CLARK
BRUESCH I IMPERIAL
ITEM No.
AGREEMENT
THIS AGREEMENT is made and entered into effective as of the 1 st day of January,
2002, by and between the CITY OF ROSEMEAD, a Municipal corporation, hereinafter referred
to as CITY, and E.TSENG AND ASSOCIATES, hereinafter referred to as CONSULTANT.
WITNESSETH:
For and in consideration of the premises and of the mutual covenants and agreements herein
contained, said parties hereby agree as follows:
RECITALS. This Agreement is made and entered into with respect to the
following facts:
A. That CONSULTANT has experience with solid waste management issues because
of his role as a former consultant to the California Integrated Waste Management
Board, because of his role as an instructor in solid waste management with the
University of California Los Angeles Extension Program, and because of his role
as a consultant involved with waste management and landfill projects.
B. That CONSULTANT has worked with a variety of state, federal and local
governmental entities on waste management issues.
C. That CONSULTANT is qualified to facilitate the CITY objective of attaining its
50% disposal diversion requirement; and therefore, the City Council has elected to
engage the services of CONSULTANT upon the terms and conditions hereinafter
set forth.
2. SERVICES. CONSULTANT shall perform those services necessary for the
CITY to successfully meet its state - mandated 50% disposal diversion requirement.
3 . SCOPE. The services to be performed by CONSULTANT under this Agreement
shall include, those services specified in Attachment A - Waste Reduction and Recycling
Program Workplan.
4. FEE. Compensation to CONSULTANT for the total services to be rendered
pursuant to this Agreement shall be accordance with the fee schedule contained in Attachment A.
5. EXTRA SERVICES. No extra services shall be rendered by CONSULTANT
under this Agreement unless such extra services first shall have been authorized in writing by the
CITY. '
6. PAYMENT BY CITY. The billings I for all services rendered pursuant to this
Agreement shall be submitted with accompanying task, deliverables and hourly rate detail
and shall be paid by CITY within twenty (20) days after receipt of same.
7. CITY SUPERVISION. The City Manager of CITY, or his designee, shall have
the right of general supervision of all work performed by CONSULTANT and shall be the
CITY's agent with respect to obtaining CONSULTANT's compliance hereunder. No payment
for any services rendered under this Agreement shall be made without the prior approval of the
City Manager, or his designee.
8. TERM. The tern of this AGREEMENT shall be for a period of three (3) years
commencing on January 1, 2002 to and including December 31, 2004, with two (2) single year
options to extend.
9. TERMINATION OF AGREEMENT. The CITY or CONSULTANT shall have
the right to terminate this Agreement upon thirty (30) days written notice of such termination to
the other party. In the event of such termination, the City Manager, or his designee, based upon
work accomplished by CONSULTANT prior to notice of such termination shall determine the
amount of fees to be paid to CONSULTANT for such services and such finding by the CITY
Manager, or his designee, and approved by the City Council shall be final and conclusive as to
the amount of such fee.
10. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an
independent contractor in the performance of the services provided for in this Agreement and
shall furnish such services in CONSULTANT's own manner and method and in no respect shall
CONSULTANT be considered an agent or employee of the CITY.
11. NONASSIGNMENT. This Agreement is not assignable either in whole or in
part by CONSULTANT without the written consent of CITY.,
12. INDEMNIFICATION. CONSULTANT hereby agrees to and shall hold CITY,
its elective and appointive boards, officers, agents and employees, harmless from any liability for
damage or claims for damage for personal injury, including death, as well as from claims for
,property damage which may arise from CONSULTANT's negligent acts under this Agreement.
CONSULTANT agrees to, and shall defend CITY and its elective and appointive boards,
officers, agents and employees from any suits or actions at law or in equity for damages caused,
or alleged to have been caused, by reason of any of the aforesaid negligent acts.
13. EQUAL OPPORTUNITY CLAUSE. CONSULTANT shall not discriminate
in its recruiting, hiring, promotion, demotion or termination practices on the basis of race,
religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance
of this Agreement and shall comply with the provisions of the State Fair Employment Act as set
forth in Part 4.5 of Division 2 of the California Labor Code; the Federal Civil Rights Act of
1964, as set forth in Public Law 88 -352, and all amendments thereto; Executive Order 11246;
and all administrative rules and regulations issued pursuant to such acts and order.
14. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to
comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101,
et se q.), as amended; and, in connection therewith, shall not employ unauthorized aliens as
defined therein. Should CONSULTANT so employ such unauthorized aliens for the
performance of work and /or services covered by this Agreement, and should the Federal
Government impose sanctions against the CITY for such use of unauthorized aliens,
CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions
imposed, together with any and all costs, including attorney's fees, incurred by the CITY in
connection therewith.
15. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this
Agreement shall constitute waiver of any other term, condition or covenant hereof.
16. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret
the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an
award of reasonable attorney's fees, in addition to any other relief to which it may be entitled.
17. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
18. PROVISION'S, CUMULATIVE. The provisions of this Agreement are
cumulative and in addition to any not in limitation of any rights or remedies available to CITY.
19. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that
the terms and provisions of this Agreement have been negotiated and discussed between the
parties and their attorneys, and this Agreement reflects their mutual agreement regarding the
same. Because of the nature of such negotiations and discussions it would be inappropriate to
deem any party to be the drafter of this Agreement; and, therefore, no presumption for or against
validity or as to any interpretation hereof, based upon the identity of the drafter, shall be
applicable in interpreting or enforcing this Agreement.
20. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each
other party as follows:
(a) That each party either had the assistance of counsel or had counsel available to it,
in the negotiation for, and execution of, this Agreement, and all related documents; and,
(b) That each party has lawfully authorized the execution of this Agreement.
21. MODIFICATION. This Agreement shall not be modified except by written
agreement of the parties. .
22. GOVERNING LAW. This Agreement shall be interpreted and construed
according to the laws of the State of California.
23. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective
upon the date first above written. This Agreement may be executed in counterparts.
24. NOTICE. Whenever it shall be necessary for either party to serve notice on the
other regarding this Agreement, such notice may be furnished in writing by either party to the
other and shall be served by personal service as required in judicial proceedings or by certified
mail, postage prepaid, return receipt requested, addressed to the parties as follows:
CITY: Frank G. Tripepi, City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead CA 91770
CONSULTANT: Eugene Tseng
E. Tseng and Associates
30023 W. Rainbow Crest Dr.
Agoura Hills, CA 91301
25. FORCE MAJEURE. Neither party shall be responsible for delays or failures in
performance resulting from acts beyond the control of the offending party. Such acts shall
include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster,
nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, terrorist acts or
government statutes or regulations superimposed after the fact.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed effective on the date first above written by their respective officers duly authorized in
that behalf.
CITY OF ROSEMEAD, a Municipal
Corporation
by
JAY T. IMPERIAL, Mayor
ATTEST:
NANCY VALDERRAMA, City Clerk
E. TSENG AND ASSOCIATES
by
President
by
Secretary
APPROVED AS TO FORM:
City Attorney
City of Rosemead
(Revision 1.04)
Waste Reduction and Recycling Program
Workplan
January 1, 2002- December 31, 2006
December 17, 2001
Prepared by
E. Tseng and Associates
30023 West Rainbow Crest Drive
Agoura Hills, CA 91301
818 - 889 -8628
etseng n.aol.com
_1 T
p
The Mayor declared said motion duly carried and so ordered.
CC -C ACCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR STREET
. AND STORM DRAIN IMPROVEMENTS IN OLNEY STREET, RALPH
STREET AND HART AVENUE
Mayor Pro Tem Bruesch requested clarification on the Dunn and Bradstreet rating for
Mike Prlich & Sons, which states that that business discontinued operations in 1999.
Robert Kress, City Attorney, explained probably what transpired is that Mike Prlich &
Sons sole proprietorship ceased to exist and it became a corporation. That necessitates a change
in the licensing whereby the corporation obtains the contractor's license.
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN ,
TAYLOR that the Council accept the bids and award the project to Mike Prlich and Sons Inc., in
the amount of $464,580.00; waive the irregularities in the bids by Los Angeles Engineering, Inc.,
and E.C. Construction; and authorize the Mayor to sign the contract on behalf of the City. Vote
resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
-E AUTHORIZE FILING OF A SB 1066 WAIVER FOR A TIME
EXTENSION ON THE CITY'S AB 939 COMPLIANCE DEADLINE AND
APPROVE CONSULTANT SERVICES AGREEMENT WITH E. TSENG
& ASSOCIATES FOR CONTINUATION OF TECHNICAL ASSISTANCE
Juan Nunez, 2702 Del Mar, Rosemead, stated that in his neighborhood, no one puts out
their recycling bins and that the City cannot meet it's mandated 50% disposal rate.
Mayor Pro Tem Bruesch explained that approval of tonight's contract will allow for time
extensions to enable other programs to be developed. Mr. Bruesch stated there is a recycling
program in place at the schools and we are currently developing a business partnership whereby
businesses can begin recycling and buying recycled products.
Mayor Imperial stated that Rosemead has met State requ but that the State
changed their requirements.
CCMIN:2 -12 -02
Page K4
C FA
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council authorize the filing of a SB 1066 time extension waiver and approve consultant
services agreement with E. Tseng & Associates for solid waste management technical assistance.
Vote resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
'*a*The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. REQUEST FOR WAIVER OF FEES FOR THE ROSEMEAD
COMMUNITY RECREATION CENTER
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMEMBER
CLARK that the fees for the rental of the Community Center ($126.50) be waived. Vote
resulted:
Yes:
Bruesch, Imperial, Clark, Vasquez
No:
None
Abstain:
Taylor. ,
Absent:.
None
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor stated he abstained because he would like more information on
waivers granted in the past year. Mr. Taylor stated that his vote is not against the applicant, but
that he is reluctant to set a precedent on who pays and who does not. .
Frank Tripepi, City Manager, responded that the last waiver the Council approved was
for the organization in Arcadia.
Councilmember Clark clarified that this reception is for a Rosemead serviceman who is
returning from Afghanistan after serving under dangerous conditions. Ms. Clark stated that any
veteran serving in the Middle East and putting their life on the line for us, deserves to have the
fees waived.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS - None
CCM1N:2 -12-02
Page #5