Resolution No. 7572� a `
1 RESOLUTION NO. 7572
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL CONSULTING AGREEMENT BY AND BETWEEN THE
4 CITY OF VERNON AND DAVID TURCH AND ASSOCIATES FOR
FEDERAL ADVOCACY SERVICES
5
6 WHEREAS, the City of Vernon needs the services of a federal
7 government relations firm to assist the City with strategic planning,
8 legislative goal setting, intergovernmental liaison and political
9 analysis regarding transportation and other matters impacting the City
10 or its operations; and
11 WHEREAS, the City of Vernon desires to engage the services of
12 David Turch in accordance with its Proposal dated July 10, 2000, to
13 provide federal advocacy support services as follows: Updating City
14 staff on status of pertinent issues, scheduling meetings with
15 governmental agencies, advising on legislative and administrative
16 strategy, lobbying appropriate governmental agencies and such other
17 and further tasks as may be requested; and
18 WHEREAS, David Turch represents that it is qualified to
19 perform such services under this Professional Consulting Agreement
20 (hereinafter "Agreement"); and
21 WHEREAS, the City of Vernon and David Turch wish to enter
22 into a Professional Consulting Agreement setting forth the terms and
23 conditions of the services to be performed.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
25 CITY OF VERNON AS FOLLOWS:
26 SECTION 1: The City Council of the City of Vernon hereby
27 finds and determines that the recitals contained hereinabove are true
28" and correct.
1
2
3
4
5
6'
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 2: The City Council of the City of Vernon hereby
approves the Professional Consulting Agreement, a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon directs
the City Clerk, or his designee, to send a fully executed Agreement
and a check for Five Thousand Dollars and No Cents ($5,000.00), to:
David Turch and Associates
Attn. David N. M. Turch
517 2nd Street, Northeast
Washington, D.C. 20002
SECTION 6: 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 26th day of July, 2000.
ATTES
G''
' e��Zel' �I-o
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALBURG, Mayor
- 2 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution', being Resolution No.'
6 7572, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Wednesday,
8 July 26. 2000, and thereafter was duly signed by the Mayor of the City
g of Vernon.
10 Z
BRUCE V. MALKENHORST, City Clerk
11
12 (SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
EXHIBIT A
PROFESSIONAL CONSULTING AGREEMENT
This is an agreement between the City of Vernon, California (Vernon) and David Turch and
Associates (DTA) of Washington, D.C. Hereinafter, the term "parties" shall refer to both Vernon and
DTA jointly. Whenever used in this document, the word agreement means contract; further, the
words firm(s) or company(ies) mean any business entity, association, institution or government
agency.
1. PURPOSE
Vernon hereby engages the services of DTA to advise, counsel and represent Vernon with, principally
but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government.
DTA hereby agrees to faithfully and to the best of its ability, promote and represent Vernon and its
interests with, principally but not limited to, the ability of the City to negotiate on a fair and
reasonable basis with Class I freight railroads and any federal legislative proposals which could have
a substantial impact on Vernon or the conduct of its operations.
It is further understood and expected, that from time to time, or on a continuing basis, other tasks,
whether general or specific, may be requested and performed by the mutual consent of the parties.
Adjustments to the compensation schedule, if any, for such other tasks shall be mutually agreed to
by the parties on a case by case basis.
2. EFFECTIVE DATES
This contract will take effect on the 15th day of July, 2000 and shall continue in full force and effect
for a period of one year to its expiration on the 14th day of July, 2001 unless previously modified,
amended, or canceled by the written mutual consent of the parties, or unless extended under its
provisions.
3. RENEWAL
This contract will automatically be renewed for a period of one additional year unless notice of intent
not to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to its
expiration date. Thereafter, this contract will not automatically be renewed.
4. CANCELLATION
This agreement may be terminated by either party in writing, delivered to the other. Such cancellation
shall take effect as of the end of the last calendar day of the month following the month in which such
notification was received.
Page 1 of 3
5. COMPENSATION
a. Ordinary:
Compensation from
($60,000) per year.
schedule:
b. Expenses:
Vernon to DTA is agreed to be Sixty Thousand Dollars
Such compensation is to be paid according to the following
The first month's payment of Five Thousand Dollars ($5,000) to accompany
this contract.
Thereafter, each month's payment of Five Thousand Dollars ($5,000) is
agreed to be due and payable, without additional notice or demand, on or
before the fifteenth day of each calendar month beginning on or before August
15, 2000.
Vernon agrees to reimburse DTA for all ordinary and reasonable expenses incurred
on its behalf. DTA agrees to bill Vernon monthly for such expenses, such billing to
be mailed on or before the fifth day of each calendar month. Such expense statements
are agreed to be paid by Vernon on or before the first day of the calendar month
following such billing.
C. Cancellation:
Should this agreement be canceled at the option of Vernon, Vernon agrees to pay to
DTA a "drop fee" of 15% of the remaining value of the first year of this contract, had
this contract remained in full force and effect. After the first year and for any other
extensions, no "drop fee" will be required. At all times during this contract, whether
during the first year or during any extension period, Vernon further agrees to pay all
necessary and reasonable expenses either directly associated with the termination of
this agreement or to fulfill commitments previously made on behalf of Vernon
pursuant to this agreement.
6. DISPUTES
This contract shall be construed in accordance with the laws of the State of California.
Notwithstanding the above, any controversy or claim arising out of or relating to this contract or the
breach thereof, may, by mutual consent of the parties, be settled by arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Page 2 of 3
7. DEFAULT
In the event any legal action is taken by either party against the other party to enforce any of the
terms and conditions of this contract, it is agreed that the unsuccessful party to such action shall pay
to the prevailing party therein all court costs, reasonable attorneys' fees and expenses incurred by the
prevailing party.
8. FAILURE TO ENFORCE
The failure of DTA to insist upon strict performance of any of the terms and conditions stated herein
shall not be deemed a waiver of any rights or remedies that DTA may have and shall not be deemed
a waiver of any subsequent breach or default in the terms and conditions herein contained.
9. ENTIRE AGREEMENT
This is the entire agreement between the parties. This contract may be modified or amended at any
time by the mutual consent of the parties. Any such amendment or modification shall be in writing
and become a permanent part of this agreement. This agreement may be executed in any number of
counterparts, each of which shall be an original but all of which shall together constitute one and the
same instrument.
10. PROCLAMATIONS AND CERTIFICATIONS
The persons, or any of them, whose signatures are affixed to this document on behalf of their
companies do proclaim, certify and affirm that they entered into this agreement freely in accordance
with the by-laws of their firm and that their signatures are genuine and that they are authorized,
directed and empowered by and on behalf of their firm, and in its name, to execute this contract on
such terms and conditions as are stated herein. This contract shall be binding upon Vernon and DTA
and their successors and/or assigns.
Agreed to this day of V__�, o o O
For David Turch and Associates
B
Witness:
By:
For the City of Vernon
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
IWJLKM:
EDUARDO OLIVO, City Attorney
Page 3 of 3