Resolution No. 4783
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RESOLUTION NO. 4783
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING A CONSULTING AGREEMENT
FOR ELECTRICAL ENGINEER SERVICES BETWEEN
PAUL P. HENDRICKS AND THE CITY OF VERNON
vlliEREAS, the City of Vernon needs the services of an
electrical engineer consultant to assist the Vernon Light and
Power System from time to time in specific consulting assignments
as requested by the City Councilor the City Administrator; and
WHEREAS, Paul P. Hendricks is familiar with said Vernon
Light and Power System and has previously served the City of
Vernon as a Consulting Electrical Engineer pursuant to Resolution
No. 4581 adopted on June 29, 1978 and Resolution No. 2869 adopted
on December 6, 1966; an.d
WHEREAS, Paul P. Hendricks does not have sufficient time
to review and advise the City of Vernon's representatives
regarding such matters as State and Federal reporting requirement ,
Vernon retail rate design, bulk power supply and generation; and
WHEREAS, Paul P. Hendricks is willing to accept and
perform specific assignments respecting advice on the Light and
Power System Operation and design, provided that the demands on
Paul P. Hendricks would ordinarily not exceed four (4) eight (8)
hour days per calendar month; and acceptance of assignments
requiring in excess of four (4) days per month would be as
mutually agreed to by both the City and Paul P. Hendricks; and
vlliEREAS, the City of Vernon desires to employ paulP.
Hendricks to assign the Vernon Light and Power. System from time
to time in specific consulting assignments as requested by the
City Councilor the City Administrator and to pay to Paul P.
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Hendricks a monthly retainer fee for Paul P. Hendricks to remain
available for such assignments.
NOW { THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
hereby finds and determines that the recitals contained herein-
above are true and correct.
SECTION 2: That the Consulting Agreement for Electrical
Engineer Services, a copy of which is attached hereto as Exhibit
"A" and incorporated herein as though fully set forth at length,
is hereby approved and the Mayor of the City of Vernon is hereby
authorized to execute said contract on behalf of the City of
Vernon.
SECTION 3: That paulP. Hendricks is hereby retained
to serve as the City's Consulting Electrical Engineer to assist
the Vernon Light and Power SysteW from time to time in specific
consulting assignments as requested by the City Councilor the
City Administrator on the terms and conditions specified in said
Consulting Agreement.
SECTION 4: That the Consulting Agreement for Electrical
Engineer Services shall become effective as of March 1, 1981,
and shall continue for a period of sixteen (16) months subject
to thirty (30) days written notice by either party of their
intention to terminate said Agreement.
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SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this Resolution and thereupon and
3 thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 9th day of .TUTIt=>.
, 1981
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11 BRUCE V. MALKENHORST, City Clerk
ATTEST:
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STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 4783
, was duly adopted by the City Council
of the City of Vernon, and was approved by the Mayor of said
City at an adjourned meeting of the City Council held on Tuesday,
June 9
, 19 81.
BRUCE V. MALKENHORST, City Clerk
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( SEAL)
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1 CONSULTING AGREEMENT
2 roR
3 ELECTRICAL ENGINEER SERVICES
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5 THIS CONSULTING AGREEMENT is made, entered into and
6 executed in duplicate originals, either copy of which maybe
7 considered and used as the original hereof for all purposes, as
8 of the 31st day of ~1arch, 1981, in the City of Vernon, County of
9 Los Angeles, California
10 BY AND BETWEEN
CITY OF VERNON, a.Municipal
Corporation (hereinafter referred
to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
PAUL P. HENDRICKS, an Electrical
Engineer (hereinafter referred to
as the "Consultant")
1626 Centinela Avenue, Ste. 16
Inglewood, CA90203
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13 AND
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RECITALS
19 WHEREAS, the City needs the services of an electrical
20 engineer consultant to assist the Vernon Light and Power System
21 from time to time in specific consulting assignments as requested
22 by the City Councilor the City Administrator; and
23 WHEREAS, Consultant. is familiar with said Vernon Light
24 and Power System and has previously served the City as a Con-
25 sultant Electrical Engineer pursuant to Resolution No. 4581
26 adopted on June 29, 1978 and Resolution No. 2869 adopted on
27 December 6, 1966; and
28 WHEREAS, Consultant does not have sufficient time to
EXHIBIT
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1 review and a.dvisethe City's representa.tives regarding such
2 matters as State and Federal reporting requirements, Vernon
3 retail rate design, .bulk power supply and generation; and
4 WHEREAS, Consultant is willing to aCGept and perform
5 specific assignments respecting advice on the Light and Power
6 Sy.stemOperation and design, provided that the demands on
7 Consultant would ordinarily not exceed four (4) e.ight (8) hour
8 days per calendar month; and acceptance of assignments requiring
9 in excess of four (4) days per month would be as mutually agreed
10 to by both the City and the Consultant; and
11 ~vHEREAS, the City desires to employ Consultant to assist
12 the Vernon Light and Power System from time to time in specific
13 consulting assignments as requested by the City Councilor the
14 City Administrator and to pay to Consultant a monthlyret.aiqer
15 fee for Consultant to remain available for such assignments.
16 NOW, 'rHEREFORE,IN CONSIDERATION OF THE MUTUAL COVENANTS
17 PROMISES AND CONDITIONS HEREINAFTER SET FORTH THE PARTIESijERETO
18 AGREE AS FOLLOWS:
19 SECTION 1: The City hereby retains the Consultant to
20 serve as the City's Electrical Engineer to assist the Vernon
21 Light and Power System from time to time in specific consulting
22 assignments as requested by the City Council or the City
23 Administrator on the terms and conditions specified herein and
24 the Consultant hereby agrees so to serve and to report directly
25 to the City Administrator unless otherwise instructed.
26 SECTION 2: This Agreement shall be effective as of
27 March 1, 1981 and shall continue for a period of sixteen (16)
28 months .subject.to thirty (30) days written notice by either party
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1 of their intention to terminate said Agreement.
2 SECTION 3: The City shall pay the Consultant for the
3 performance of the services herein required a retainer fee of
4 One Thousand Four Hundred Dollars and No Cents ($1,400.00) for
5 four (4) eight (8) hour days of service per month. Further, the
6 City shall pay the Consultant for any additional work, as agreed
7 to, in excess of the four (4) eight (8) hour service days per
8 month, the sum of Three Hundred Fifty Dollars and No Cents
9 ($350.QO)pere;ight (8) hour day or the sum of Forty-Three
10 Dollars and Seventy-Five Cents ($43.75) per hour if only a
11 partial day is required. In addition, City shall reimburse
12 Consultant any monies advanced or expended by said Consultant
13 on behalf of the City, for necessary and reasonable expenses
14 incurred in. the performance of his services for the City,
15 exclusive of office facil;ities, secretarial services, local
16 telephone charg-es, alld local automobile transportation. The
17 Consultant shall submit to the City Administrator a detailed
18 itemization of all hours worked and all costs incurred for each
19 said project. The City Administrator must approve said work
20 sheet report before payment is made.
21 SECTION 4: Consultant represents that he is an
22 independent contractor and is not an employee of the City. Con-
23 sultallt further represents and agrees that he will not make any
24 claim for any employee benefits including but not limited to
25 vacation, sick leave, retirement; but that his compensation will
26 be based solely on the services he performed for the fees
27 specified above.
28 SECTION 5: It is the intent of this contract to secure
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1 the personal services of the Consulta.nt ex.cept for illness and
2 reasonable vacation periods and failure of the Consultant for any
3 reason to make the personal service availablet.o the City to
4 the ex.tent ... necessary to perform the services required skill.fu.lly
5 and promptly shall be cause for termination of> said contract.
6 SECTION 6: The Consultant shall not assign, transfer,
7 convey, pledge, sublet or otherwise assign this contract.without
8 the prior written consent of the City Council.
9 SECTION 7: In the event of the death or disability of
10 the Consultant such that the Consultant is unable to perform the
11 services provided fo.r herein, said death or disability shall be
12 cause for termination of said contract.
13 SECTION 8: Nothing in this contract shall be construed
14 to give any person other than the City and the Consultant any
15 legal or equitable right, remedy or claim under this cont:t:'Cl.cti
16 but it shall be held to be for the sole and exclusive benefit
17 of the City and the Consultant.
18 SECTION 9: The Consultant shall be liable to and
19 hereby agrees to indemnify and hold harmless the City, each
20 officer, agent and employee of said City against all claims
21 arising out of the negligent performance of professional services
22 caused by any negligent omission or negligent act .of the
23 Consultant.
24 SECTION 10: The Consultant covenants that he does not
25 have any interest which conflicts in any manner or degree with
26 the performa.nce of the consultant services provided for hereunder
27 Further, the City recogni:z;esthat Consultant provides services to
28 and for business entities outside of the City and therefore
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1 Consultant will inf.orm the City if a. specific assignment would
2 conflict in any way with his services to other clients.
3 IN WITNESS WHEREOF the parties hereto have executed
4 this Contract, or caused it to be executed as of the day,. month
5 and year first above. written.
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CITY OF VERNON
ATTEST:
By
13 Bruce V. Malkenhorst, City Clerk
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19 By
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Paul P. Hendricks, Consul tap.
APPROVED AS TO FORM:
City Attorney
David B.Brearley
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