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HomeMy Public PortalAbout2019.058 (06-18-19) RESOLUTION NO. 2019.058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE USE OF CITY HELD FUNDS TO COVER COST ASSOCIATED WITH A CONTRACT (STANDARD AGREEMENT NO. 18-T4618) WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCE CONTROL (DISC) FOR ENVIRONMENTAL OVERSIGHT SERVICES RELATED TO PROPERTY LOCATED AT AND ADJACENT TO 11600 LONG BEACH BOULEVARD FOR AN AMOUNT OF $43,173, AND AN APPROPRIATION FROM THE 11600 LONG BEACH SETTLEMENT ACCOUNT TO COVER COST OF SAID AGREEMENT WHEREAS, June 1, 2010, the former Lynwood Redevelopment Agency (Agency) entered into an Environmental Oversight Agreement (EOA) with the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC); and WHEREAS, the EOA authorizes DTSC to provide technical consultation, site investigation and remediation activity for the protection and preservation of public Health and required for the efficient exercise of DTSC's activities under the Polanco Act; and WHEREAS, for each property or properties subject to said EOA, DTSC will provide review and oversight of the activities conducted by the Agency as appropriate, in accordance with a Project Environmental Oversight Agreement (PEOA); and WHEREAS, the Agency may take any action that DTSC determines are necessary and that are consistent with the State and federal laws to remedy or remove a release of hazardous substances on, under, or from property located in a Redevelopment Project Area if certain conditions are met; and WHEREAS, the Agency entered into Standard Agreement No. 15-T4034 for a period of four years that began in January 2015 and expired on December 31, 2018, in an amount of$65,627; and WHEREAS, a new Standard Agreement is required so DTSC can continue fulfilling its oversight requirement under the EOA pursuant to the Polanco Act. The cost for the DTSC oversight fee was on the ROPS 19-20 for consideration. Unfortunately, the request was denied. Funds held in the City's 11600 Long Beach Boulevard Settlement account (which is a City held account) may be used to fund DTSC oversight fees. The use of said account is consistent with intended use of funds held therein; and WHEREAS, the attached Site Specific PEOA (included as part of Standard Agreement No. 18-T4618) applies to properties still addressed under the Polanco Act as determined by DTSC; and WHEREAS, Oversight by a state regulatory agency of a remediation project is not subject to a bid process. DTSC is a state department, which has sole authority to set their fee for oversight and estimated duration of their services. The contract has a two-year term in an amount of $43,173, starting January 1, 2019 and expiring December 31, 2021; and WHEREAS, the tasks outlined under the Scope of Work of the attached Standard Agreement No. 18-T4618 is critical for the continuance of the remediation at the Site and the furtherance of development activities. Therefore, a new Standard Agreement for said services is in order. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council herby approves and authorizes Standard Agreement No. 18-T4618 with DTSC for environmental oversight services in connection with the remediation activity located at and adjacent to 11600 Long Beach Boulevard as provided by DTSC, a state regulatory agency. Section 2. The City Council hereby authorizes the Mayor or his designee to take necessary steps, including the execution of agreements and other related documents with DTSC as needed to undertake the implementation of all related services under the attached Standard Agreement No. 18-T4618 and Scope of Work. Section 3. The City Council hereby authorizes and directs the Finance and Administration Services Department to appropriate $43,173 from the 11600 Long Beach Blvd Settlement Account to cover the cost of DTSC's fees so they may effectively undertake the services outlined in said Standard Agreement No. 18- T4618. Section 4. The City Council authorizes Standard Agreement 18-T4618 with DTSC for an amount of $43,173 for a period from January 1, 2019 to December 31, 2021, in a form approved by the City Attorney, unless brought back earlier for amendment and/or extension as required by federal or state law. Section 5. This resolution shall be effective immediately upon adoption by the City Council. Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. (Signatures on Next Page) PASSED, APPROVED and ADOPTED this 18th day of June 2019. r Jose Luis Solache Mayor ATTEST: L, A OtAirl, /AALA:.: aria Quinonez City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia Jo 'Ometeotl City Attorney ity Manager