Resolution No. 5191
1 RESOLUTION NO. 5191
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
3 EXECUTION OF AN OUTSIDE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF VERNON AND LLOYD
4 BURGESS FOR REPAIR OF FUEL INJECTORS AND
FUEL VALVE BODIES AT THE VERNON DI.ESEL
5 GENERATING PLANT
6 WHEREAS, the City of Vernon needs the services of an
7 experienoed' workman to repair fuel inj ector parts and fuel
8 valve bodies for use on diesel engines located at the Vernon
9 Diesel Generating Plant; and
10 WHEREAS, Lloyd Burgess is fa.miliar with the Vernon
11 Diesel Generating Plant and diesel engines and the fuel
12 injector parts and fuel valve bodies and has substantial
13 experience in repairing said machine parts; and
14 WHEREAS, the City of Vernon desires to contract with
15 Lloyd Burgess to provide said outside services from time to time
16 as requested by the Chief Executive Officer of the Light and
17 Power Department.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
19 THE CITY OF VERNON AS FOLLOWS:
20
SECTION 1: That the City Council of the City of
21 Vernon hereby determines that the recitals contained hereinabove
22 are true and correct.
23
SECTION 2: That the City Council of the City of Verne>n
24 here;gy:/approves the Outside Services Agreement between the Ci t1ll
25 of Vernon and Lloyd Burge.ss for repair of fuel injectors and
26 fuel valve bodies at the Vernon Diesel Generating Plant, a copy
27 of which has been presented to the City Council concurrently
28 with this Resolution, and the City Council hereby orders said
1 said Outside
2 City Clerk.
Services Agreement to be received and filed by the
3
SECTION 3: That the City Council of the City of
4 Vernon hereby authorizes the Mayor and the City Clerk to execute
5 said Outside Services Agreement for, and on behalf of ,:t.he City
6 of Vernon.
7
SECTION 4: That the City Clerk of the City of Vernon
8 shall certify to the passage of this Resolution and thereupon
9 and thereafter the same shall be in full force and effect.
10
11
12
13
:: ATT7
B~.
APPROVED AND ADOPTED this 11th day of June, 1985.
/~~
MALKENHORST, City Clerk
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
1 STATE OF CALIFORNIA }
} ss
2 COUNTY OF LOS ANGELES )
3
4il I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the forego~ng Resolution, being
6
Resolution No. 5191
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at an adjourned meeting of the City Council held on
9
June 11
, 19 85.
10
11
6'._~
wI-... .
12
13
BRUCE V. MALKENHORST, City Clerk
14
15
(SEAL)
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
1 OUTSIDE SERVICES AGREEMENT
2 THIS OUTSIDE SERVICES AGREEMENT is made, entered into
3 and executed in duplicate originals, either copy of which may be
4 considered and used as the original hereof for all purposes, as
5 of the 11th day of June, 1985,. in the City of Vernon, County of
6 Las Angeles, California
7 BY AND BETWEEN CITY QF VERNON, a Municipal
Corporation (hereinafter
8 refereed to as "City")
4305 Santa Fe Avenue
9 Vernonr CA 90058
10 AND LLOYD BURGESS (hereinafter
referred to as "Burgess")
11
12
13 RECITALS
14 WHEREAS-, the City. needs the'~~:ervace:~ of an 5~~~.
15 experienced workman to repair fuel injector partsa'rzd fuel valve
16 bodies for use on diesel engines: located at the Vernon Diesel-
-
17 Generating Plant; and
18 WHEREAS, Burgess is familiar with the Vernon Diesel
19 Generating Plant, the diesel engines, and the fuel-injector
20 parts and ~s~e1~,=valve bodies and has substantial experience in
21 repairing said machine.~~~~.rt~;. and
22 WHEREAS, Burgess has proposed an: independent services
23 agreement whe-rein he will pick up at the Vernon Diesel
24 Generating Plant fuel injectors,and fuel valve bodies in need
25 of repair and perform said repair with his owm tools at his own
26 premises and under his-own direction and control; and.
27 WHEREAS, the City desires to have an experienced
28 workman repair these machine. parts on a timely basis; and
1 WHEREAS, the City desires to contract with Burgess to
2 .provide said. outside services from time to time as requested by
3 the. Chief Executive Of-fiver of the Light and Power Department.
4 .NOW`, THEREFORE, IN CONSIDERATION OF THE MUTUAL
5 COVENANTS., PROPRISES AND CONDITIONS. HEREINAFTER SET FORTH THE.
6 PARTIES HERETO AGREE AS FOLLOWS:-
. 7 SECTION 1.: The Cityhereby.retains the services of
8 Burgess to provide expert repair services to the Vernon Light
9 and. Power Department and repair of duel injectors and fuel valve.
10 bodies as requested by the Chief Executive Officer of the Light
11 and Power Department on the terms and conditions specified
12 herein... Burgess hereby agrees so. to serve and to report
13 directly to the Operations Manager of the Light and Power
14 Department unless otherwise instructed.
15 SECTION 2: This-Agreement.. shall be effective as of
16 June 11, 1985, and shall continue on a month-to-month basis
17 subject to thirty ("3A).days written native of either party of
18 their intention to terminate said Agreement.
19 SECTION-3: City shall .pay Burgess for the performance
20 of the services ,herein required a fee of One Hundred Fifty Dollars
21 ($150) for each fuel valve properly repaired and lapped. Said
22 repairs shall be performed`n accordance with Exhibit "A" which
23 is attached hereto and made a part hereof as though fu:11y set
24 forth at length: Burgess shall submit to the :City Administrator
25 a detailed itemization for all fuel.. injectors repaired for the
26 previous period on every-Wednesday prior to the-first and-third
27 hMo~i~.ay of=::~ach month.. This itemization. shall be audited by
28 records Dept by the supervisor at the Vernon Diesel Generating
_2_
1
1 Plant. Payment will be made following the first and third
2 Tuesday. of each months however,. the City Administrator must
3 approve said itemization prior to being presented to the City
4 Council for payment.-
5 SECTION 4: Burgess represents that he is an
6 independent contractor and is not an employee of the Gity.-
7 Burgess further represents and agrees that he will not make any
8 claim for. any employee-benefits,; including, but not limited to,
9 vacation, sick leave, retirement; but that his compensation will
10 be~based solely on the services. he performed for the fees
11 specified herein.
12 SECTION 5: It is the intent of this contract to secure.
13 the personal. services of B~a~rgess and failure of Burgess f_or any
14 .reason to make the personal service available to the City to
15 the extent necessary to perform the services required skillfully
16 and promptly shall be cause fox termination of said contract.
17 SECTION 6: Burgess shall not assign,: transfer, convey,-
. 18 pled:g~e, sublet or otherwise- assigh.ir~ahs contract without the
19 prior written .consent of` the City-Council.
20 SECTION Z: In the event of the death or disability of
21 Burgess such that Burgess. is unable to perform the services
22 provided for herein.,- said death or disability shall be cause for
23 termination of said contract.
24 SECTION.. 8: Nothing in ths.cantraet shall-be construed
25 to give any person other than-the City and Burgess any legal
26 or equitable night, remedy or claim under this contract; but it
27 shall be held to be for the sole and exclusive benefit of the
28 City and Burgess.
-3-
1 SECTION 9: Burgess convenants that he does not have
2 any interest,. nor shall he acquire any. interest, directly or
3 ,indirectly which conflicts in-any manner or degree with the
4 performance of thec~services specified herein.
5 IN WITNESS WHEREOF the parties hereto have executed
6 this Contract, or caused it to be executed, as of the day, month
7 and year firs: above written.
$ CITY OF VERNON
Leonis C. lburg, ayor
10
ATTEST:
11 B
y
12 Bruce V. Malkenhorst, City Clerk
13
14 L OYD B RGESS
15 APPROVED AS TO FORM:
16 City Attorney
17 By ~ ~ a ~
David-B. Brearley
18
19
20
21
22
23
24
25
26
27
28
-4-
1 E X H I B I T "A"
2 WORK AGREEMENT FOR REPAIR OF FUEL INJECTORS-
3 VERNON DIESEL GENERATING FLANT
4
5 1. The City of Vernon will furnish all injector parts
6 required to place injectors in good working order.
7 2. The City of Vernon shall-furnish all machining at
8 city expense for resurfacing of the fuel valve bodies so that
9 the- injector can be properly lapped and placed in good working.
10 order.
11 3. .Lloyd Burgess. shall pick up at the Vernon Diesel
12 Generating Plant all.fuel injectors in need of repair on
13 Monday (day) l~.each .week and d~elfiver repaired fuel
14 injectors picked up.theprevous Monday If at ;any
15 time during the. week additional fuel valves-are required for
16 operating of the. diesel engines, Lloyd Burgess agrees to deliver
17 the required valves at that time. All costs associated with
18 delivery and. pick-up shall be 'at L1o~d Burgess' expense..
19 4. Lloyd Burgess shall furnish, at his expense, all
20 lapping compounds and cleaning fluids, etc., required in
21 repair of fuel valves..
22 5. The.-City of Vernon sha1T-.pay Lloyd Burgess for each
23 fuel valve properly repaired and lapped One Hundred Fifty Dollars
24 ($1S0). All. injectors to be repaired shall be checked out and
25 repaired injectors checked in by Bob Kipness or other City of
26 Vernon employees designated by Bob Kipness. On .every Wednesday
27 prior to~.the first and third ~Mo:nday of each month., Lloyd
28 Burgess shall submit to the City of Vernon a statement for. all
E X H I B I T "A"
1 EXHIBIT "A"' - Continued
2
3 fuel injectors repaired ~qx the previous period.: This statement
4 shall.be confirmed by records:: kept by BQb Kpness. Payment-will.
5 be made ~ol.l.owing the first and' third..- .Tuesday. cafe each month.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT-"A"
z ~
~ ~ ~ '~I'T~' COUNCIL OFFICERS
' J LEONIS C. MALBURG, Mayor BRUCE V. MALKENHORST,
h( Wm. "BILL" DAVIS City Administrator/City Clerk
H. "LARRY" GONZALES
W. MICHAEL McCORMICK DAVID B. BREARLEY,
THOMAS A. YBARRA City Attorney
VICTOR H. VAITS,
TELEPHONES Director of Community Services
CITY CLERK 583-8811 LEWIS R ADAMS,
POLICE DEPT . 587-5171 Director of Water & Power
FIRE DEPT . 583-4821
BUILDING DEPT . 583-8811 GEORGE F. BASS,
PUBLIC WORKS DEPT. 583-8811 Fire Chief
HEALTH DEPT . 583-88] 1 CITY -HALL AL ESPINOZA,
Police Chief
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
In Reply. Refer fo:
June 10, 1985
City Council
City of Vernon-
Hono>?able` Members
It is hereby recommended that the city enter into a written agreement
with Mr. Lloyd Burgess for his repairing of fuel injectors for the
diesel engines. His fee woulid!.be $150..per injector which is approximately
half of what we_are presently paying Thomason..
Thanking you in advance for-your consideration in this matter.
Very truly yours,.
.Bruce V. Malkenhorst
City .Clerk
BVM/go
-June 6, 1985
To: Bruce. V. Ma7kenhorst, City Administrator/City Clerk V-lo
.From: Lewis R. Adams, Operations Manager
.Subject: AGREEMENT FOR REPAIR OF FUEL INJECTORS
As I mend oned awhile back, one of Thomason's employees made a pro-
posal that the City contract with him for repair of fuel injectors for
the diesel engines. This is an ongoing chore that we have found to be a
full time job for one person.. There seems to be a special talent required
to do the job with consistent success, Lloyd Burgess, the person in question,
has been doing this job for sometime now and seems to have better success than
anyone else. we have used.
On the average, it requires a full eight hour. day to repair and Lapp
one injector. At the rate we pay Thomason for his services, the cost to
repair one injector is .$300.00. He proposes to do the job for $150.00 per
injector.- .This includes pick up and delivery weekly at his expense.
I recommend that. we consider an agreement with him for this service.
The cost would be cut in half. Attached are provisions that should be
included.- If you agree, we can request the City Attorney prepare an
agreement, possibly similar to the one with Lou Pierotti but tailored to
fit this situation.
Gam'
LRA:Ia
Enclosure
I
WORK AGREEMENT
FOR
REPAIR -0F FUEL INJECTORS
VERNON DLESEL GENERATING PLANT
1. The City of Vernon will furnish all injector-parts required to place
injectors in good working order.
2. The City of Vernon .shall furnish all machining at city expense for re-
surfacing of the fuel valve-bodies so that the injector can be properly
lapped and placed in good working order.
3. -Lloyd Burgess shall pick up at the .Vernon Diesel: Gene rating Plant all
fuel injectors in need of repair on (day) each week and
deliver repaired fuel injectors pcked'`up the previous
If any time during the week, additional fuel valves are required for
operating of the diesel engines, Lloyd Burgess agrees to deliver the
required valves at that time. All costs associated with delivery and
.pick-up shall be at Lloyd-Burgess' expense.
5. Lloyd Burgess shall furnish, at his expense., all lapping compounds and
cleaning fluids, etc., required.: in repair of fuel valves.
6. The. City of Vernon shall pay Lloyd Burgess-for each fuel valve properly
.repaired and lapped One Hundred and Fifty Dollars ($150.00). All injectors
to be repaired shal'1 be checked out and, repaired injectors checked in"by Bob
Kipness er city of Vernon employee designated by Bob Kipness. On
ever ednesd~prior to the first and third Tuesday each month, Lloyd
-.urge submit to the City of Vernon a statement for all fuel
injectors repai-red for-the previous period.. This statement shall be
confirmed by records-kept by Bob Kipness. Payment will be made following
the first and third Tuesday of each month.
e " 1~ ~