Resolution No. 6733
...
I
2
5
6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE,
EXECUTION OF A CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF VERNON AND MICHAEL J.
WAGNER & ASSOCIATES, INC.
3
4
7
WHEREAS, Michael J. Wagner & Associates, Inc. has
informed the City of Vernon of unclaimed funds in an amount
8
between $260.00 and $1,000.00; and
9
10
WHEREAS, it is anticipated that in addition thereto
funds in an amount between $225.00 and $1,225.00 or more will be
II
due annually to the City of Vernon in the future; and
12
13
WHEREAS, the City of Vernon desires to recover such
funds by entering into a Consulting Services Agreement with
14
Michael J. Wagner & Associates, Inc. based on a recovery fee of
15
ten percent (10%) of past due funds and funds due through June 30,
16
1997.
17
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
19
20
SECTION 1: The City Council of the city of Vernon
hereby finds and determines that the recitals contained
21
hereinabove are true and correct.
22
23
SECTION 2: The City Council of the City of Vernon
hereby approves the ConSUlting Services Agreement with Michael J.
24
Wagner & Associates, Inc., a copy of which has been presented to
25
the City Council concurrently with this resolution, and the City
26
Council hereby orders said Agreement to be received and filed by
27
the City Clerk.
28
,.
. .
I
SECTION 3: The City Council of the city of Vernon
2 hereby authorizes the Mayor and the City Clerk to execute said
3 Agreement for, and on behalf of, the City of Vernon.
4
SECTION 4: The City Clerk of the City of Vernon shall
5 certify to the passage of this resolution, and thereupon and
6 thereafter the same shall be in full force and effect.
7 APPROVED AND ADOPTED this 9th day of January, 1996.
8
9
10
II
ATTEST:
~
/~
MALKENHORST, City Clerk
BRUCE V.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
:.
...'
. .
I STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6733, was duly adopted by the city Council of the
6 City of Vernon at an adjourned regular meeting of the City Council
7 duly held on Tuesday, January 9, 1996, and thereafter was duly
8
signed by the Mayor of the City of Vernon.
~~
MALKENHORST, C1ty Clerk
9
d
10
II (SEAL)
12
13
14
BRUCE V.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
.. ~
..,
,
~
J
City ofVemon
CONSULTING SERVICES AGREEMENT
This Agreement is made and entered into as of January 9. 1996, between the City of
Vernon, a municipal corporation, hereinafter referred to as "City" and Michael J. Wagner &
Associates, Inc., hereinafter referred to as "Consultant". In consideration of the mutual
promises and covenants contained herein, the parties hereto mutually agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered into with respect to the
following facts:
a. Consultant has made a one page proposal dated November 27. 1995. under
which it proposes to perform certain consulting services for the City. and
b. The legislative body of the City has determined that the public interest,
convenience and necessity require execution of this Agreement.
SECTION 2. SERVICES. Consultant shall perform tasks as specified in said November
27, 1995 proposal attached hereto and incorporated herein as directed by the City
Manager/Administrator or his/her designee.
SECTION 3. PERFORMANCE. Consultant shall at all times faithfully, competently and
to the best of his ability, experience, and talent perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services, as are required of Consultant hereunder in meeting his
obligations under this Agreement.
SECTION 4. EXTRA SERVICES. No extra services shall be rendered by Consultant
under this Agreement unless such extra services first shall have been duly authorized in
writing by the City.
SECTION 5. CITY SUPERVISION. The City Administrator, or his or her designee. shall
have the right to approve or disapprove all work performed by Consultant.
SECTION 6. FEE/PAYMENT. Fees under this Agreement shall be ten (10) percent of
any and all funds paid to City from the source of funds that will be identified by Consultant
pursuant to SECTION 7 below including the payment of any past due funds and any funds
due through December 31, 1996. This fee shall be paid only from the funds identified by
Consultant. Payment for any legal services provided by R. Zaiden Corrado shall be from
Consultant's fee. Payment for any services rendered under this Agreement shall be made
within 30 days of when funds are deposited with the City by the agency that is required to
deposit said funds.
Page - 1
c#
4-
City of Vernon
~,
, SECTION 7. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT.
Consultant intends to secure agreements over the next 60 calendar days from 10 to 12 cities
that may be due funds. When Consultant has secured agreements, or 60 calendar days have
expired, and subsequent to execution of this Agreement, Consultant shall identify to City in
writing the source of funds that are due City. If City is "pursuing" such funds. this contract
shall immediately terminate. Pursuing shall be defined as written correspondence to the
Agency that is responsible for such funds, a written report to the City Council from staff on the
subject funds and the non-payment of such funds or litigation. Thoughts, in-house memos
and letters to individuals are not defined as "pursuing". Written proof thereof shall be
submitted to Consultant within 30 days of receipt of Consultants identification of the source of
funds. Such written proof must be authentically dated prior to this Agreement.
SECTION 8. TERM. This Agreement" shall remain and continue in effect until December
31,1996, or unless extended by the City Council.
SECTION 9. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in
the event of termination of this Agreement, all original documents, notes, reports, diskettes or
other materials prepared, developed or discovered by Consultant during the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement,
Consultant shall turn over to the City all original documents. notes, reports, diskettes or other
materials prepared, developed or discovered by Consultant during the course of providing the
services to be performed pursuant to this Agreement.
SECTION 10. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times
remain as to the City a wholly independent contractor. Neither the City nor any of its officers.
employees or agents shall have control over the conduct of the Consultant or any of the
Consultant's officers, employees or agents except as expressly set forth in this Agreement.
The Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. No
employee benefits shall be available to Consultant in connection with the performance of this
Agreement. Except as provided in the Agreement, City shall not pay salaries, wages. or other
compensation to Consultant for performing services hereunder for City. City shall not be
liable for compensation of or indemnification to Consultant for injury or sickness arising out of
performing services hereunder.
SECTION 11. NOTICE. Whenever it shall be necessary for either party to serve written
notice on the other regarding this Agreement, such notice shall be serviced personally or by
certified mail, postage prepaid, return receipt requested, addressed to the City
Manager/Administrator of the City of Vernon, located at 4305 Santa Fe Avenue. Vernon. CA
90058 and the Consultant at 2111 Yucca Avenue, Fullerton, California 92635 unless and until
different addresses may be furnished in writing by either party to the other. Notice shall be
deemed to have been served seventy-two (72) hours after the same has been deposited in
Page ~ 2
.~
'"'
City of Vernon
'"
~ the United States Postal Service or upon receipt. This shall be valid and sufficient service of
notice for all purposes.
SECTION 12. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the City and Consultant. Any prior agreements, promises.
negotiations or representations not expressly set forth herein are of no force or effect.
Subsequent modifications to this Agreement shall be effective only if in writing and signed by
all parties. If any term, condition or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this
Agreement shall be valid and binding.
SECTION 13. WAIVER. Waiver by any party hereto of any term. condition. or covenant
of this Agreement shall not constitute the' waiver of any other term" condition, or covenant
hereof.
SECTION 14. BINDING EFFeCT. This Agreement shall be binding upon the heirs.
executors. administrators. successors and assigns of the parties hereto.
SECTION 15. GOVERNING LAW. This Agreement shall be interpreted and construed
according to the laws of the State of California. In the event of litigation between the parties.
venue in state trial courts shall lie exclusively in the County of Los Angeles.
City ofVemon
Michael J. Wagner & Associates, Inc.
Mi2&a~
~)
MAYOR ~
A~
CITY CLERK
Date: /d/-j1'.?
APPROVED AS TO FORM:
~~{. \':;>~~/
Date: \,I?-.?- ! /0
Page - 3