Resolution No. 7382I
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RESOLUTION NO, 7382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT NO. 1 TO THE AGREEMENT FOR CONTRACTUAL
SERVICES BY AND BETWEEN THE CITY OF VERNON AND
HERBERT LEON JOHNSON, JR. FOR FIELD INSPECTION
SERVICE ON THE CITY'S NATURAL GAS SYSTEM
WHEREAS, the City of Vernon and Herbert Leon Johnson, Jr.
("Johnson"), entered into an Agreement For Contractual Services on
December 16, 1998 (the "Agreement"), which provided for expiration on
June 30, 1999; and
WHEREAS, Section 9 of said Agreement indicates that said
Agreement can only be amended by written agreement between the
parties; and
WHEREAS, the City of Vernon and Johnson desire to amend said
Agreement to (i) extend said Agreement through and including June 30,
2000; (ii) modify the compensation paid to Johnson; (iii) amend the
extra services provision of said Agreement; and (iv) add an
integration provision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. 1 to the Agreement for Contractual
Services, an original of which has been presented to the City Council
concurrently with this resolution, and the City Council hereby orders
said Amendment No. 1 to be received and filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Amendment No.
1 for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 3rd day of August, 1999.
LEONIS C. MAL RG, Ma or
ATTEST•
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7382, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, August 3,
1999, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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AMENDMENT NO. 1
TO THE
AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT NO. 1 is effective July 1, 1999
BY AND BETWEEN THE CITY OF VERNON, a Municipal
Corporation, hereinafter referred
to as "CITY"
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND HERBERT LEON JOHNSON,
JR.,(hereinafter referred to as
"CONSULTANT")
8761 Palos Verdes Avenue
Westminster, CA 92683-6831
(714) 890-0544
W I T N E S S E T H:
WHEREAS, CITY and CONSULTANT entered into an Agreement For
Contractual Services on December 16, 1998 (the "Agreement"), which
provided for expiration on June 30, 1999; and
WHEREAS, the Agreement is herein incorporated by reference;
and
WHEREAS, CITY and CONSULTANT desire to amend said Agreement
to extend said Agreement through and including June 30, 2000 and to
modify the compensation paid to CONSULTANT.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY
AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS
FOLLOWS:
SECTION 1: Section 3 of said Agreement entitled TERM is
hereby amended as follows:
1 SECTION 3: TERM.
2 The term of this Agreement shall be extended to June
3 30, 2000, provided that Consultant shall only
4 perform such services when requested and that the
5 amount of such services are not guaranteed. The
6 services usually will not be needed during rainy
7 days and other times when the Director of Community
8 Services and Water determines that, in his sole
9 discretion, the City has no need for the
10 Consultant's services during said hours.
11 SECTION 2: Section 4 of said Agreement entitled COMPENSATION
12 is hereby amended as follows:
13 SECTION 4: COMPENSATION.
14 Vernon shall, effective on August 1, 1999, pay
15 Consultant as consideration for the services
16 provided for herein pursuant to this Agreement the
17 hourly rate of Twenty -Seven Dollars and Fifty Cents
18 ($27.50) per hour, payable every two weeks, after
19 submission of a written invoice by Consultant to the
20 Director of Community Services and Water and
21 approval of said invoice by the Director of
22 Community Services and Water.
23 SECTION 3: Section 15 of said Agreement entitled EXTRA
24 SERVICES is hereby amended as follows:
25 SECTION 15: EXTRA SERVICES.
26 No extra services beyond the scope of this Agreement
27 shall be rendered by Consultant unless such extra
28 services shall be authorized in writing by the
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Director of Community Services and Water.
SECTION 4: A new Section entitled ENTIRE AGREEMENT is hereby
added to the Agreement as follows:
SECTION 16: ENTIRE AGREEMENT
This Agreement, as herein amended, is the entire
Agreement of the parties. The Consultant represents
that, in entering into this Agreement, he has not
relied on any previous representations or
understandings of any kind or nature.
SECTION 5: In all other respects, the terms and conditions
of the Agreement For Contractual Services shall be renewed in its
entirety.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be effective on the month, day and year first written
above.
DATE: /log
ATTEST:
Z
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
DAVID B. BREARLEY, City ,Att rney
CITY OF VERNON
EONIS C. MAL RG, Ma or
DATE. �" �%9� BY. ezcQ/'.1 .
HERBER LEON
i
ON, JR.
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CITYCOUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 16, 1999
Mr. Herbert Leon Johnson, Jr.
8761 Palos Verdes Avenue
Westminister, CA 92683-6831
Dear Mr. Johnson:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Enclosed is a fully executed duplicate original Amendment No. 1
to the Agreement for Contractual Services, effective July, 1,
1999 through June 30, 2000 which was approved by the Vernon City
Council on August 3, 1999 through Resolution NO. 7383.
If you should have any questions, please give Mr. Kevin Wilson a
call at Ext. 245.
Very truly yours,
CITY r F VERNON
Gloria J. 0 sco
Chief Depu ' City Clerk
GJO:rcm
cc: K. Wilson
Agreement File No. 99-050
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 28, 1999
City Council
City of Vernon
Honorable Members:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Mr. Herbert Leon Johnson, Jr. has been performing gas line
inspections on the gas main installation throughout the City
under an agreement dated December 16, 1999 which has recently
expired. He has been performing his duties diligently and
professionally and he has proven to be an invaluable field
inspector. Mr. Johnson would like to continue his work for the
City with an increase in his pay rate. This has been reviewed by
the Director of Community Services & Water and the City Attorney,
and it is hereby recommended that the amendment to the existing
agreement approving the new pay rate and extending the term to
June 30, 2000, be approved.
Very truly yours,
G%���
Bruce V. Malkenhorst
City Clerk
BVM:rcm
July 28, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: SERVICE AGREEMENT - HERBERT JOHNSON
Mr. Herbert Leon Johnson, Jr. has been performing gas line
inspection on the gas main installation throughout the City under
an agreement dated December 16, 1998, which has recently expired.
Mr. Johnson has been performing his duties diligently and
professionally. He has proven to be an invaluable field
inspector and would like to continue his work for the City with
an increase in his pay rate.
I therefore recommend that the amendment to the existing
agreement, approving the new pay rate and extending the term to
June 30, 2000 be approved.
/ps
cc: City Attorney
July 21, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community Services
& Water
SUBJECT: SERVICE AGREEMENT RENEWAL FOR HERBERT LEON JOHNSON, JR.
Mr. Herbert Leon Johnson has a Service Agreement with the
City to perform gas line inspection during our gas main
installation throughout the City. Our records indicate that the
Agreement expired on June 30, 1999. Mr. Johnson, in a letter
addressed to the City, has expressed his willingness to continue
his services to the City until completion of the gas main
project. In the letter, Mr. Johnson has requested an increase in
his hourly rate of pay from Twenty Dollars ($20.00) to Twenty-
seven Dollars and Fifty Cents ($27.50) due to the added costs
including the use of his personal vehicle, maintenance, gasoline
and an insurance increase. Our review of other candidates
applications indicate that the requested pay rate is within the
normal range. Mr. Johnson has been performing his duties
diligently and professionally. His past experience in the
natural gas field has made him a competent field
inspector/advisor. I recommend an amendment be made to the
existing agreement, approving the new pay rate and extending the
term to June 30, 2000.
SKW:BJA:ps
cc: City Attorney
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EXECUTION COPY
AGREEMENT FOR CONTRACTUAL SERVICES
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this 16th day of
December, 1998, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "Vernon")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND HERBERT LEON JOHNSON, JR.,
(hereinafter referred to as
"CONSULTANT")
800 West 223rd Street, Unit #4
Torrance, CA 90502
(310) 328-6440
RECITALS•
WHEREAS, Vernon desires to retain Consultant to provide
assistance and consultation and field inspection service. in
conjunction with the installation of the City's natural gas system;
and
WHEREAS, Consultant is well qualified by reason of
education and experience to perform such services; and
WHEREAS, Consultant is willing to render such professional
services as hereinafter defined; and
_-_ WHEREAS, Consultant shall be an independent contractor when
providing all such services.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
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SECTION 1: SCOPE OF SERVICES.
The services to be provided will be directed and authorized
in writing by the Director of Community Services and Water of Vernon
(hereinafter "Director") and shall consist of providing advice and
performing field inspection work in conjunction with the
installation of the City's natural gas system and that said
Consultant's services shall be confidential. Consultant agrees to
provide such consulting services on an hourly basis as set forth
below.
SECTION 2: Performance.
The Consultant agrees that he shall perform all services
provided for herein.
SECTION 3• TERM.
The term of this Agreement shall be from December 16, 1998,
to June 30, 1999, provided that Consultant shall only perform such
services when requested and that the amount of such services are not
guaranteed. The services usually will not be needed during rainy
days and other times when the Director determines that, in his sole
discretion, the City has no need for the Consultant's services
during said hours.
SECTION 4: COMPENSATION.
Vernon shall pay Consultant as consideration for the
services provided for herein pursuant to this Agreement the hourly
rate of Twenty Dollars ($20.00) per hour, payable every two weeks,
after submission of a written invoice by Consultant to the Director
and approval of said invoice by the Director.
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SECTION 5: METHOD OF PAYMENT.
Vernon agrees to pay the Consultant based on the submittal
of an invoice to Vernon describing the services provided and the
total amount of hours expended in providing such services.
SECTION 6: CANCELLATION.
Vernon or Consultant shall have the right to cancel and
terminate this agreement upon thirty (30) days written notice.
Vernon agrees to compensate Consultant for actual costs incurred
prior to the cancellation of the agreement. In the event of
termination, Consultant shall forthwith turn over to Vernon all work
product, documents, records and writings of whatsoever nature in
connection with work performed pursuant to. or in connection with
this Agreement.
SECTION 7: Ownership.
All writings, documents and records prepared, received, or
maintained by Consultant in connection with or as a result of
services performed for Vernon shall be and remain the property of
Vernon.
SECTION 8: Capacity as Independent Contractor.
The provision of services by Consultant under this
Agreement shall be in the capacity of an independent contractor and
not as an employee of Vernon. For that reason, Consultant will not
receive any payment for holidays or vacations. In consideration for
the compensation paid to Consultant by Vernon pursuant to Section 4
of this Agreement, Consultant agrees that Vernon, its officers,
employees, agents, representatives and sureties shall not be liable
or responsible for any benefits including, but not limited to,
health insurance, worker's compensation, disability, retirement,
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life insurance, unemployment insurance, or any other insurance
benefits. Consultant agrees that he shall not sue or file a claim,
petition, or application therefore against Vernon or any of Vernon's
officers, employees, agents,, representatives, or sureties.
SECTION 9: AMENDMENT.
The terms and conditions of this agreement can only be
amended by a written agreement between the parties hereto.
SECTION 10: VALIDITY. ,
In the performance of this Agreement, Consultant shall
abide by and conform to any and all applicable laws of the United
States, the State of California, and ordinances, regulations, and
policies of Vernon.
SECTION 12: AUTO INSURANCE.
Consultant shall provide to Vernon proof of satisfactory
liability and automobile insurance consistent with the policies of
Vernon.
SECTION 13: NOTICES.
Notices and communications concerning this Agreement shall
be sent to the following addresses:
Vernon: THE CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: HERBERT LEON JOHNSON, JR.,
800 WEST 223ID STREET, UNIT #4
TORRANCE, CA 90502
SECTION 14: ASSIGNMENT.
Neither Vernon nor Consultant shall assign or transfer its
interest in this Agreement.
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1 SECTION 15: EXTRA SERVICES.
2 No extra services beyond the scope of this Agreement shall
3 be rendered by Consultant unless such extra services shall be
4 authorized in writing by the Director or his designee.
5 IN WITNESS WHEREOF, the parties hereto have caused this
6 Agreement to be executed as of the day, month and year first above
7 written.
8 THE CITY OF VERNON
9 By
EONIS C. MA BURG, Mayor
10
ATTEST:
11 By�/�
12 BRUCE V. MALKENHORST, City Clerk
13 APPROVED AS TO FORM:
14 By:
D VID B. BREARLEY, City Attorney
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By:
17 HERBERT E JO S N, JR.,
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From:
Lehr, Judy
Sent:
Thursday, May 09, 2002 11:56 AM
To:
Giron, Nelly
Subject:
Herb Johnson
Importance: High
Nelly,
I need a copy of the fully executed Amendment No. 1 to the Agreement for Contractual Services
with Mr. Johnson approved by Resolution 7382 on 8/3/99.
Thanks.
Judy