Resolution No. 7059
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RESOLUTION NO. 7059
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN ADVOCACY SUPPORT AGREEMENT EFFECTIVE
DECEMBER 2, 1997, BY AND BETWEEN THE CITY OF
VERNON AND ENVIRO COMMUNICATIONS, INCORPORATED
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WHEREAS, the City of Vernon desires to engage the Enviro
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Communications, Incorporated ("Enviro") to provide advocacy
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support services as follows: Updating City staff on status of
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pertinent issues, scheduling meetings with governmental agencies,
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advising on legislative and administrative strategy, and lobbying
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appropriate governmental agencies; and
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WHEREAS, Enviro represents that it is qualified to
perform such service under this Advocacy support Agreement
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(hereinafter "Agreement"); and
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WHEREAS, the City Council of the City of Vernon during
its regularly scheduled meeting on December 2, 1997, approved
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retaining the services of Enviro effective December 2, 1997.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon does
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hereby find and determine that the recitals contained hereinabove
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are true and correct.
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SECTION 2: The City Council of the city of Vernon hereby
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approves the Advocacy Support Agreement, a copy of which has been
presented to the City Council concurrently with this resolution,
and the City Council hereby orders said Agreement to be received
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and filed by the City Clerk.
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SECTION 3: The City Council of the city of Vernon hereby
2 authorizes the Mayor and the City Clerk to execute said Agreement
3 for, and on behalf of, the City of Vernon.
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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.
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APPROVED AND ADOPTED this 16th day of December, 1997.
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BRUCE V. MALKENHORST, City Clerk
ATTEST:
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 7059, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, December 16. 1997, and thereafter was duly signed by
the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City clerk
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CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
FAX: (818) 330-5818
Mayor
THOMAS A. YBARRA KEVIN WILSON
Mayor Pro-Tern Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARIO
Director of Light & Power .
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
CITY HALL,
BRUCE--V.-MALKENHORST-_ _ _ _ LOUIS ROSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
December 23, 1997
Mr. Robert M. Levy
Enviro Communications, Inc.
.2610 E. Cortez Street
West Covina, CA 91791
RE; Advocacy. Support Agreement
Dear Bob:
Transmitted herewith are two (2) duplicate originals of the
Advocacy. Support Agreement, effective-December 2, 1997, which
were presented to the Vernon City Council and approved on
December 16, 1997.
I am requesting that you execute both documents, .and return both
executed Agreements to me. When all signatures are obtained, we
will send you your copy.
Thank you for your assistance in this matter.
Ve ~uly your ,
~r~ vGta'
oria J'. os o
Chief De ~ y City Clerk.
GJO/mm
enclosures
69/08/1998 19:37 19496400589 ROBERT LEVY ENVIROCO PAGE 01
~nv~~roComm~nications, Ir~corporat~d
DEL 948*640-6649 FAX 949-640-0689
Date: September 8, 1998
~`o: Kevin Wilson ~ City of Vernon
From: Robert M. Levy
Subject:. TranspoRation
C:.' ~rue~ Malkenhorst, City of Vernon
This memo is being sent as a follow-up to our conversation today.
I have worked with all four consulting firms. They Can all do the job. The key is
who .~vill they assign to the project.
They all have technical capabilities. I have a solid relation with Caltrans,
specifically at the district level and Sacramento. We need the data to support the
request; therefore, wktornever they assign needs to work with us in a support role.
I would suggest we interview all firms; perhaps, as early as Thursday, September l0
after 4:00 p.m. or Wednesday, September 1 b starting at 8:00 a.m. I would. also like
tp see proposals.
Ple$se advise.
t
.
f Clay - ~
~~o OF. DER - - I~ _ _
NON
VER 5 SANTq FE AV ~ 'FOLIO NU -~~~~t }
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ITY OF VERNON _
VENDOR NOc„ _ 4305 SANTA FE AVE. _ -
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` 2610 East Cortez Street
E~ylro Communications, inc., west Covina, California 91791
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Phone 626-915-8882 ~ _ '
Fax 626-915-8882
` DEC. ~ 21997.
City of Vernon
Gloria J. prosco
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CHARGES PAYMENTS
ACCOUNT ACTIVITY DE7Alts
DATE INVOICE N0. $2,000.00
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retainer
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Totals.
this amount: ;!i';;$3 0000.
Please pay
Terms: Due by 1st of January-
- When Sending payment, include the invoice number on the check. Thank you.
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~ ~ CITY OF VERN - -
~30J SANT ~ ~ FQL~~ NU VERNONOFFICE~~762~r~ ~ ~ I
~ERNON, CALIF FE AVENUE MBER FIRSrINreRSrare eaNK -
ORNIA ~ of cA~IFO c~lECK ~ ;
(213 9008-0805 ~ ,FRr, . ep'Rr~IA ~ n~UrvIF3ER 64797
583-8811 ~ ~ ~ g ~ I. ~ PACIFIC ucF~.
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71 ~ CHECK DATE
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THE SUM of ~ L2 23 97
RAY ro Envizo G-
THE ZE)~~ ~7S ~~IILir1.2Cdt.1.011~ DOLLARS AND
ORDER COx~:EZ r IrIC. CENTS I •
OF COV1.r1~~ C'r.~ 9:179.1. r OQO o 00
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,w z~ s -~3, I , a y r ~ ~ D AFTER 90 DAYS
T (1(]~ ,4?~A,.,._ ^ RIZ SIGNATURE t
TREASURER `J f__
:IT_ y~ERNON ^
VEND-- 4305 SANTA FE AVE. .
VERNON, CALIFORNIA 80058-
UU8Q~8 VENQpR 0805
~VlrO C NAME
CITYACCOUNT,NUMBER Q~'1LZP2x.C$~1.t?1'1S
YOUR1NVOICE NO: ~ ~riCa DATE CHECK ISSUEb'
YOUR INVOICE DgTE CHECK,NO.
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592 6479
DISCOUNT TAKEN' NET AMOUNT Pql~
detainer :E~r
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~nuir~ Communications, lnc. `2610 East CoRez Street
West Covina, California 91791
'Phone 626-915-8882
Fax 626-915-8882
SEC 2 2 1997
City of Vernon
Bruce Maikenhorst, City Administrator
,;:,;61LL'I:NGDATE(1215197
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?;PREV:IflUS BAIANOEi$0.00
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accounrrACnv~rv
DATE INVOICE N0. DETAILS CHARGES PAYMENTS
RETAINER FOR MONTH OF DECEMBER $2,000.00
1215197 1
Totals: ~ SO~
Please pay this amount: ''$2,000 QQ
Terms: 30 days
When sending payment, include the invoice number on the check. Thank you..
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Information to be entered when assigning new
agreement# to system.
CATEGORY (circle one only) : L & P, GAS, GENERAL, LICENSE
AGREEMENTS OR
REDEVELOPMENT AGENCY
# 1. Approval date: ~ 9 # 1 a. Agreement #
#2. Title of A reement: ~~v~~
L~,
#3. Effective Date: (if different from approval date) I~-~~~
#4. Expiration Date: (if applicable)
#5. Expiration Date: NONE
:AgrmntData
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
FAX: (818) 330-5818
Mayor
KEVIN WILSON
THOMAS A. YBARRA
Mayor Pro-Tem Director of Community Services & Water
FAX: (213)588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARIO
Director of Light & Power
H. "LARRY" GONZALES - FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
CITY HALL
BRUCE--V.-MALKENHORST _ _ LOUIS R05ENKRANTZ
City Administrator/City Clerk- 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
January 7, 1998
Enviro Communications, Incorporated
2610 E. Cortez Street '
West Covina, CA 91791
ATT: Robert M. Levy
Dear Bob:-
. Enclosed herewith is the agreement by and between the .City of Vernon and
~-Enviro Communications, Incorporated which was approved by the City
Council on December 16, 1997. If you have any questions please do not
hesitate to contact this office.
Very truly yours,
CITY OF VERNON
oria J. 0 sco
Chief Depu City Clerk
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:FOrmLtr
12/06/1997 09:13 1626-915-8882 ROBERT LEVY ENVIROCO PAGE 02
To: Bruce
Fr: RobeR M. Levy
Re; Contract
Da: beoeznber 5,.1997
Thank you for contracting with me for services for your City. I will assure you that l will perfornx in a
prafessiottal ntanzter.
The contract that David drafted is fine. As soon as it is Finiilized, I will sign it.
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The First three project are challenging, but i believe that we can be successful. What I would like from the City is
the following for each project:
Any Contacts made, by whom, with wham,
Arty written communications.
Who else may be working on the project, elected ofl"iCials, consultants, etc.
Cost estimates, contributions already made or committrnent males.
Mare detailed information.
I also need. your guidance azt invoicing. 1 have forwarded nxy invoice for Deoerzxber, 1997_ My retainers are
invoiced an the 25th of each month for payment by the l st of the next month. The payment is for the current
month and expenses are for the previous month. For example, an invoice for the month of March would be sent in
lebruary and payable b3' the 1st of March. The invoice would be for Services for March and expenses for February.
Please advise if this fits with the process in your City. Also trips to Sacramento will be necessary, do you need to
pre-approve these trips? Does your City have discount tickets from the League? 7f so, l Can use your coupons oral
save both of us money on airfare, about a ~6d.O0 round trip savings.
Now that your my client, you need the following:
12/06/1997 09:13 1626-915-8882 ROBERT LEVY ENVIROCO PAGE 03
~n ~~~wewoaacadsw~, INC.
761p East CortCZ Street
Wwt Covina. Cali~'am+a 91791
Pfiano d2d-9! 5-8882
Fax d2d-913.8882.
City of Vernon
Bruce Malk2nhorst, City A~dministzator I
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A~~JUbI'f:iCi t2m323
F€i~fA01.~ BPdf~'~iSO-00
ACC~INT ACTMTY
PATE N~DICEIq. OE7All5 __,p1ARGE8 PAY~E~1f5
..................5715197.1.._. RETAINEI~FORMOAITNOFDECEMBER $2,000,00
.
Pfe~(la~l this arrloturb
terms: so day$
When sending payment, Include the Invoice number on the check. Thank you.
6
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CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
Mayor FAX: (818) 330-5818
THOMAS A. YBARRA KEVIN WILSON
Mayor Pro-Tern Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARI0
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE-V. MALKENHORST CITY HALL LOUIS RosENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213).583-8811 FAX: (213) 581-1178
December 11, 1997
VIA HAND DELIVERY
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058-0805
Re: Advocacy Support Agreement with Enviro Communications,
Incorporated
Dear Bruce:
I have included in Section ld an additional project to
assist in obtaining financing for the construction of a Slauson
Avenue Offramp in accordance with your directions.
I have not received any comments on any of .the provisions of
the Agreement from Mr. Levy and, therefore, assume that the
Agreement is acceptable.
Please note that the Agreement is effective on December 2,
1997., consistent with the City Council's approval during said
meeting.
Therefore, enclosed herein are duplicate execution copies of
the Agreement.
If you have any questions, please call me.
Very truly yours,
~f ~s'(-~
David B. Brearley
City Attorney
DBB : j 1
Enclosures
162E_ '+1L ~
12!~QA%1'~'~ 11; 4D 1626-915=8882 PiSF~~~F~ ~ ~~+Y ENVI~OGO P,{aGF ;'N1
J/ 1
\ 1"1'IE~tY1t~~'~htl~!!f
Robert M. Levy - Enviro Communisations, Inc.
bats: December' 04, 1997
T4: 8nrce Malkentioret
CC: File
Subject. Prgacts, City of Vemor'? ~,-_~a
!appreciate-the opportunity to serve the City. vt Vemon snd lock forward to a lvr?g and sucaoe
reietian:
1C is my urrd9ratanding that David is drafting the c~ont>~t.
Wrist ! wcw/d Appr~txate fram you oryour staff is the list ~1'p?o}ects that ytw vu~d lilts my teem
to assist with. INe deed a-brief c~scripti0n including any apntacts that the Clty has made Cyr' that
someone on behalf of the Clay has made, and also any oprrr~sponder?ce.
1 would appreciate the in/arrnetion as s[yvrt es passible: !t will same us'tirr~ acrd help us work
better as steam-
Best r8ga?~Is. _
1~ CO1lFgl~TML ~ 1
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12/06/1997 09:13 1626-915-8882 ROBERT LEVY ENVIROCO PAGE 04
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AClNi'i'Y AU7'H®R17~1770R
Activfty ~lnt~ior~Iiotx t~w.dR so..roa
(t3ogry~c Cody a.aioie sb!®4)
, aw ttooce tt a~tiiesDis tie. AMew ~ Day
DOw. GM s~eli~ s7D1ln• Qss~t Yrsn)
? I~obbyls~ CovNioo
dRrc e.rstt.n ice)
NA~as a~ rn.8~e:
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dUS , AD (N~ab~ spd 3asu) (aqr) ( ) A '
~ het~eby EnviroCpmmuni ation~ Inc.
(Nam ai[ Lab~r~t¦~
2Lp7 0 E. Cortez S.treat West Cavisa~ cA _ _.91791_.
ir+r.+ r~r.r~~ d ~w ~~~r unr~~i
tAti e31~e in tb! activities Ot a,lobbyin~ ~i1'm (V i!! Cs~ornia Gove~xnt Code St~tioo
~ Code ~ Sectioli 1~~3~.5} 00 blhaif d abare named employer.
ti
Ii you are antb~rlsi~ another iobbyinr Arm to bbby on behaft ai yair firm's cUe=tt(s), provide the nine(s) ad
the tiient(s) b~elow~. (It is sot neoesesry to aoaapkte the Natan sad Interests Sectioa.)
NAIL OQ~ gUdCONT}tACTDD C1.~T: N .
PIA110; 9UddONTRACI'!~ Ci.~+fT~ NAA~ OP ~UDCdMfDAC7~ CL~rT:
V$RIFIf~ATION
Z h•~ ar.d atl t~ssostsbie in pespse~ chit 8tstitemrst. I hs.~e re~Mw~d this Strtt+sa~t said bo the cwt d ~
keoMti~d~. the Ielw~ta~tlow oosttalasti bsrstr is tt~e wd eampiMs.
I ~T asdsr P~Ib d perSar~ tttuMr ~ Lws d tits State e[ Caittornia tYsa ttn ibe+yolas is saw ttttd cast. l/
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By
DATE CJ1'Y AND ATB S1(3NATUtiE OIL R8~dT0~aiDLi 0l4~1~t
N.t,» arRet~.~o orr~ _~r~.~~~.~ ho~sf ~ C~~ ~ ~
wuNt OR TYf's
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stab d C~Itri 1~tlt 1wtMd h'satl~o Caw
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1 EXECUTION COPY
2 ADVOCACY SUPPORT AGREEMENT
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and
5 -used as the original hereof for all purposes, as of this 2nd day
6 of December, 1997, in-the City of Vernon, County of Los Angeles,
7 California
8
BY AND BETWEEN THE CITY OF VERNON, hereinafter
9 referred to as the "City,"
4305 Santa Fe Avenue
10 Vernon, California, 90058
(213) 583-8811
11
AND ENVIRO COMMUNICATIONS,
12 INCORPORATED, hereinafter
referred to as the "Advocate"
13 2610 E. Cortez Street
West Covina, CA 91791
14 (626) .915-8882
15 WITNESSETH
16 WHEREAS, the City desires to engage the Advocate to
17 provide advocacy support services as follows: Updating City staff
18 on status of pertinent issues, scheduling meetings with
19 governmental agencies, advising on legislative and administrative
20 strategy, and lobbying appropriate governmental agencies; and.
21 WHEREAS, the Advocate represents that he is qualified to
22 perform such service under this Advocacy Support Agreement
23 (hereinafter "Agreement").
24 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
25 SET FORTH HEREIN:
26 SECTION 1: SCOPE OF SERVICES.
27 The services to be provided will be directed and
28 authorized in writing by the City Administrator of the City to
1 assist in providing advice and performing advocacy support
2 services on miscellaneous projects and that said Advocate's
3 services shall be confidential. The initial assigned projects are
4 as follows:
5 a. Obtain financing from non-Vernon sources for
6 ,Vernon Fire Department equipment.
? b. Obtain- financing from. non-Vernon. and non- City. of
8 Bell sources for the reconstruction of the
9 Atlantic Street Bridge over the Los Angeles
10 River.
11 c. Obtain financing from non-Vernon sources to pay
12 for mitigation of adverse impacts caused by the
13 Alameda Corridor Project specifically relating to
14 the improvement of 26th Street and the
15 reconstruction of the 26th Street Bridge over the
16 Los Angeles River, in the City of Vernon.
17 d. Obtain financing from non-Vernon sources. to pay
18 for the construction of a Slauson Avenue Offramp
19 from the 710 Freeway.
20 SECTION 2: Term.
21 The term of this agreement shall be from December 2, 1997
22 through and including June 30, 1998, subject, however, to
23 automatic renewal unless-City gives notice of cancellation
24 pursuant to Section 6 herein.
25 SECTION 3: Performance.
26 The Advocate agrees that all services provided will be
27 conducted by the principal and competent staff members, if any,
28 under the supervision of the principal,. and that services will be
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1 performed and rendered diligently. Advocate currently has no
2 employees other than Robert M. Levy, and upon hiring an employee,
3 during the term of this Agreement, will supply proof of workers'
4 compensation insurance coverage meeting California requirements to
5 City.
6 SECTION 4: Compensation.
? For the above-services, the City .agrees to compensate the
8 Advocate at a fee of Two Thousand Dollars ($2,000.00) per month,
9 as a fixed retainer, for all services rendered to the City.
10 Advocate will pay his own operating expenses related to telephone
11 calls, faxes, postage,.and local travel within Los Angeles County.
12 SECTION 5: Method of Payment.
13 The City agrees to pay the Advocate based on the
14 submittal of a monthly invoice to the City describing the services
15 provided.
16 SECTION 6: Cancellation.
17 The-City reserves the right to cancel and terminate this
18 agreement upon thirty (30) days written notice. City agrees to
19 compensate Advocate for actual costs incurred-and service fees
20 earned prior to the cancellation of the agreement. In the event
21 of termination, Advocate shall forthwith turn over to City all
22 work product, documents, records and writings of whatsoever nature
23 in connection with work performed pursuant to or in connection
24 with this agreement.
25 SECTION 7: Indemnification.
26 Advocate agrees to protect, defend, indemnify and hold
27 harmless City against any and all liability, damages, claims,
28 suits and judgments for the failure to comply with all or any
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1 conflict of interest requirements and lobbying registration
2 requirements as and if required by appropriate jurisdictions.
3 Advocate shall not accept any other lobbying assignment from a
4 third party if said assignment-will conflict with the services
5 advocate provides to City, unless City provides written acceptance
6 of such assignment.
SECTION 8: Ownership.
8 All final documents prepared pursuant to-this agreement
9 are the property of the City which has the unrestricted authority
10 to publish, disclose, distribute and otherwise use, in whole or in
11 part, any final documents prepared under this agreement.
12 SECTION 9: Capacity as Independent Contractor.-
13 performance of Advocate's services hereunder shall be in
14 the capacity of an independent contractor and not as an officer,
15 agent or employee of the City.. In consideration for the.'
16 compensation paid to Advocate by City pursuant to Section 3 of
17 this agreement, consultant agrees that city, its officers,
18 employees, agents, representatives and sureties shall not be
19 liable or responsible for any benefits,- including but not limited
20 to, workers' compensation, disability, retirement, life insurance,
21 unemployment insurance, health or any .other insurance benefits and
22 Advocate agrees that he shall not sue or file a claim, petition,
23 or application therefore against City or any of City's officers,
24 employees, agents, representatives, or sureties. Further, that
25 Advocate shall provide proof of satisfactory liability and
26 automobile insurance consistent with City policies, to the City.
27 SECTION 10: Amendment.
28 The terms and conditions of this agreement can only be
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1 amended by a written agreement between the parties hereto,
2 IN WITNESS WHEREOF, the parties hereto have caused this
3 agreement to be executed on the month, day and year first written
4 above.
5 THE CITY OF VERNON
6
EONIS G. MALB RG, Ma or
8 ATTES ?c
BRUCE V. MALKENHORST, City -Clerk
10
11 APPROVED AS TO FORM:
12
13
DAVID B. BREARLEY, Cit Attorney
14 ENVIRO COMMUNICATIONS,
INCORPORATED
15
16 BY:
o ert M. Zevy, President.
17
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24
25
26
27
28
-5-