Resolution No. 4799
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RESOLUTION NO. 4799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING A CONSULTING AGREEMENT
FOR . ELECTRICAL ENGINEERINGMANAGE~1ENT
SERVICES :aETWEEN JAMES T.BRODIE AND THE
CITY OF VERNON
6 WHEREAS, the City of Vernon is in need of a Consulting
7 Engineer to provide electrical engineering management services
8 to the City of Vernon; and
9 WHEREAS, James T. Brodie is a licensed Electrical
10 Engineer and a principal in the firm of Creative POwer Management
11 and is qualified to provide electrical engineering management
12 services; and
13 WHEREAS, the City of Vernon desires to contract with
14 James T. Brodie to provide electrical engineering management
15 services.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
17 OF THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of
19 Vernon hereby finds and determines that the recitals contained
20 hereinabove are true and correct.
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SECTION 2: That the Consulting Agreement for
22 Electrical Engineering Management.$ervices, a copy of which is
23 attached hereto as Exhibit "A" and incorporated herein as though
24 fully set forth at length is hereby approved and the. Mayor of
25 the City of Vernon is hereby authorized to execute said contract
26 on behalf of the City of Vernon.
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SECTION 3: That the City Council of the City of
28 Vernon does hereby approve the retention of James T. Brodie to
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1 provide electrical engineering management services under the
2 terms and conditions specified in said Consulting Agreement.
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SECTION 4: That the duties of said James T. Brodie
4 shall be to work with the City Council of the City of Vernon and
5 the City Administrator and advise the same regarding the
6 operation of the Light and Power System of the City of Vernon.
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SECTION 5: That James T. Brodie will be under the
8 direct authority of both the City Council and the City
9 Administrator and shall make all of his reports and findings to
10 both the City Council and the City Administrator and receive
11 instructions accordingly, unless the City Council directs
12 otherwise.
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SECTION 6: That the Consulting Agreement for
14 Electrical Engineering Management Services shall be effective
15 as of April 27, 1981.
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SECTION 7: The City Clerk of the City of Vernon
17 shall certify to the passage of this Resolution and thereupon
18 and thereafter the same shall be full force and effect.
19 APPROVED AND ADOPTED this 5th day of May, 1981.
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT h
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CONSULTING AGREEMENT
FOR
ELECTRICAL ENGINEERING MANAGEMENT SERVICES
5 THIS CONSULTING AGREEMENT is made, entered into and
6 executed in duplicate originals, either copy of which may be
7 considered and used as the original hereof for all purposes, as
8 o~ the 5th day of May, 1981, in the City of Vernon, County of
9 . Los Angeles, California
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BY AND BETWEEN
CITY OF VERNON, a Municipal
Corporation (hereinafter referred
to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
14 AND
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JAMES T. BRODIE, an Electrical
Engineering Management Consultant
(Hereinafter referred to as the
"Consultant")
5233 BakmanAvenue
North Hollywood, CA 91601
RECITALS
WHEREAS, the City is in need of a Consulting Engineer
to provide electrical engineering management services to the City
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and
WHEREAS, Consultant is a licensed Electrical Engineer
~nd a principal in the firm of Creative Power Management and is
qualified to provide electrical engineering management services;
and
WHEREAS, the City desires to contract with Consultant
to provide electrical engineering management services.
EXHIBIT
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS, PROMISES AND CONDITIONS HEREINAFTER SET FORTH, THE
PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: The City hereby retains the Consultant to
provide electrical engineering management services under the
direct authority of both the City Council and the City
Administrator under the terms and conditions specified herein
and the Consultant hereby agrees so to serve and to report
directly to the City Administrator and receive instructions
accordingly, unless the City Council directs otherwise.
SECTION 2: Consultant hereby agrees to provide
electrical engineering management services under the terms and
conditions s~ecified herein and further agrees that as a
principal in the firm of Creative Power Management, he will
provide support services as reasonably required and authorized.
SECTION 3: This Agreement shall be effective as of
April 27, 1981 and shall be subject to ten (10) days .written
notice by either party of their intention to terminate said
Agreement.
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SECTION 4: The City shall pay the Consultant for
the performance of the services herein required the fees provided
for in Exhibit "1" attached hereto and made a part hereof except
that no overtime charges shall be incurred unless expressly
authorized. In addition, the City shall reimburse Consultant
for any monies advanced or expended by said Consultant on behalf
of the City as set forth in Exhibit "2" attached hereto and made
a part hereof for necessary and reasonable~expenses incurred in
the performance of his services for the City, exclusive of office
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EXHIBIT
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facilities, secretarial services, local telephone charges and
local automobile transportation. The Consultant shall submit
to the City Administrator, a detailed itemization of all hours
worked and all costs incurred for each said project on a monthly
basis. The City Administrator must approve said work sheet
report and invoice before payment is made.
SECTION,S: Consultant represents that he is an
independent contractor and is not an employee of the City. Con-
sultant further represents and agrees that he will not make any
claim for any employee benefits including but not limited to
vacation, sick leave, retirement; but that his compensation will
be based soely on the services he performs for the fees
specified above.
SECTION 6: It is the intent of this Contract to
secure the' personal services of the Consultant and failure of
the Consultant for any reason to make the personal service
available to the City to the extent necessary to perform the
services required skillfully and promptly shall be cause for
the termination of said contract.
SECTION 7: The Consultant shall not assign, transfer,
convey, pledge, sublet or otherwise assign this contract without
the prior written consent of the City Council.
SECTION 8: In the event of the death or disability
of the Consultant such that the Consultant is unable to perform
the services provided for herein, said death or disability shall
be cause for termination of said contract.
SECTION 9: Nothing in this contract shall be
construed to give any person other than the City and the
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1 Consultant any legal or equitable right, remedy 0+ claim under
2 this contract; but it shall be held to be for the sole and
3 exclusive benefit of the City and the Consultant.
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SECTION 10: The Consultant shall be liable to and
5 hereby agrees to indemnify and hold harmless the City, each
6 officer, agent and employee of said City against all claims
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arising out of the negligent performance of professional services
8 caused by any error, omission or negligent act of the Consultant.
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SECTION 11: The Consultant covenants that he does
10 not have any interest, nor shall he acquire any interest,
11 directly or indirectly, which conflicts in any manner or degree
12 with the performance of the consultant services hereunder.
13 IN WITNESS WHEREOF the parties hereto have executed
14 this Contract, or caused it to be executed as of the day, month
15 and year first above written.
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CITY OF VERNON
By
LEONISC. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
JAMES T. BRODIE, Consultant
APPROVED AS TO FORM:
25 City Attorney
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DAVID B. BREARLEY
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RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND }~TERIAL BASIS
Overtime rate is equal to 1.20 times hourly billing rate and
shall only apply to classification below:
PROGRAM MANAGER PRINCIPAL
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RATE SCHEDULE FOR OUT-OF-POCKET-EXPENSES
For direct out of pocket expenses (if and when they occur) ,
our rates are as follows:
1. Automobile: 20c per mile.
2. Travel Expenses: 20Cper mile or coach air fare.
3. Subsistence: While away from home officer at cost
4. Telephone charges outside 213 area code: At COst
5. Any third party services: At cost
Such as: (As approved)
a. Photo Services
b. Blueprinting and Copy Services
c. Other as directed
d. Other consultants as approved
e. Soil tests
f. Survey
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EXHIBit
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Clerk
4 I, BRUCE V. MALKENHORST, City Clerk of t~e City of
5 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 4799
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at a regular meeting of the City Council held on Tuesday,
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May 5
, 19'81.
BRUCE V. ~mLKENHORST,
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CONSULTING AGREEMENT
FOR
ELECTRICAL ENGINEERING MANAGE~mNT SERVICES
5 THIS CONSULTING AGREEMENT is made, entered into and
6 executed in duplicate originals, either copy of which may be
7 considered and used as the original hereof for all purposes, as
8 of the 5th day of May, 1981, in the City of Vernon, County of
9 Los Angeles, California
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BY AND BETWEEN
CITY OF VERNON, a Municipal
Corporation (hereinafter referred
to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
14 AND
JAMES T. BRODIE, an Electrical
Engineering Management Consultant
(Hereinafter referred to as the
"Consul tant")
5233 Bakman Avenue
North Hollywood, CA 91601
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RECITALS
WHEREAS, the City is in need of a Consulting Engineer
to provide electrical engineering management services to the City
and
WHEREAS, Consultant is a licensed Electrical Engineer'
and a principal in the firm of Creative Power Management and is
qualified to provide electrical engineering management services;
and
WHEREAS, the City desires to contract with Consultant
to provide electrical engineering management services.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS, PROMISES AND CONDITIONS HEREINAFTER SET FORTH, THE
PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: The City hereby retains the Consultant to
provide electrical engineering management services under the
direct authority of both the City Council and the City
Administrator under the terms and conditions specified herein
and the Consultant hereby agrees so to serve and to report
directly to the City Administrator and receive instructions
accordingly, unless the City Council directs otherwise.
SECTION 2: Consultant hereby agrees to provide
electrical engineering management services under the terms and
conditions specified herein and further agrees that as a
principal in the firm of Creative Power Management, he will
provide support services as reasonably required and authorized.
SECTION 3: This Agreement shall be effective as of
April 27, 1981 and shall be subject to ten (10) days written
notice by either party of their intention to terminate said
Agreement.
SECTION 4: The city shall pay the Consultant for
the performance of the services herein required the fees provided
for in Exhibit "1" attached hereto and made a part he.reof except
that no overtime charges shall be incurred unless expressly
authorized. In addition, the City shall reimburse Consultant
for any monies advanced or expended by said Consultant on behalf
of the City as set forth in Exhibit "2" attached hereto and made
a part hereof for necessary and reasonable expenses incurred in
the performance of his services for the City, exclusive of office
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1 Consultant any legal or equitable right, remedy or claim under
2 this contract; but it shall be held to be for the sole and
3 exclusive benefit of the City and the Consultant.
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SECTION 10: The Consultant shall be liable to and
5 hereby agrees to indemnify and hold harmless the City, each
6 officer, agent and employee of said City against all claims
7 arising out of the negligent performance of professional services
8 caused by any error, omission or negligent act of the Consultant.
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SECTION 11: The Consultant covenants that he does
not have any interest, nor shall he acquire any interest,
directly or indirectly, which conflicts in any manner or degree
with the performance of the consultant services hereunder.
IN WITNESS WHEREOF the parties hereto have executed
this Contract, or caused it to be executed as of the day, month
and year first above written.
CITY OF VERNON
By:
JAMES T. BRODIE, Consultant
By:
APPROVED AS TO FORM:
City Attorney
D~~, ~~
DAVID B. BREARLE
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EXHIBIT ,\ 1'1
, RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND ~~TERIAL BASIS
CLASSIFICATION
Program Manager Principal
Chief Engineer
Senior Engineer
Engineer
Junior Engineer
Project Designer
Senior Designer
Designer
Senior Draftsperson
Draftsperson
Junior Draftsperson
Secretary-Typist
BILLING RATE
$50.00
40.00
37.50
32.50
27.50
32.50
28.00
25.00
25.00
22.00
20.00
16.00
Overtime rate is equal to 1.20 times hourly billing rate and
shall only apply to classification below:
PROGRAM MANAGER PRINCIPAL
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RATE SCHEDULE FOR OUT-OF-POCKET-EXPENSES
For direct out of pocket expenses (if and when they occur) ,
our rates are as follows:
1. Automobile: 209 per mile.
2. Travel Expenses: 209 per mile or coach air fare.
3. Subsistence: While away from home office, at cost,
4. Telephone charges outside 213 area code: At cost
5. Any third party services: At cost
Such as: (As approved)
a. Photo Services
b. Blueprinting and Copy Services
c. Other as directed
d. Other consultants as approved
e. Soil tests
f. Survey
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EXHIBit
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