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Resolution No. 7583l 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 RESOLUTION NO. 7583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A CONFIDENTIAL LETTER AGREEMENT WITH FRED SAFFER & ASSOCIATES, INC. FOR ASSISTANCE IN UTILITY AND REGULATORY MATTERS WHEREAS, on July 5, 2000, Bruce V. Malkenhorst, the Director of Finance, submitted the retirement resignation of Baker G. Clay of Baker G. Clay & Associates, Inc., dated June 20, 2000, as Vernon's utility consultant for regulatory matters, and on July 10, 2000, the Finance Committee accepted the retirement resignation; and WHEREAS, the City of Vernon desires to retain the services of Ia consultant to provide assistance and consultation in connection with issues concerning utility and regulatory matters; and WHEREAS, the City of Vernon has utilized the consulting services of Albert E. Clark as a utility consultant in past Federal Energy Regulatory Commission ("FERC") matters; and WHEREAS, Albert E. Clark is now a member of the firm of Fred ISaffer & Associates, inc. and is willing to provide technical assistance to the City of Vernon in connection with utility matters; and WHEREAS, the City of Vernon and Fred Saffer & Associates, Inc. wish to enter into a Confidential Letter Agreement setting forth the terms and conditions of the consulting services to be performed. 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 hereby finds and determines that the recitals contained hereinabove are true land 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 Confidential Letter Agreement with Fred Saffer & Associates, Inc., a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders the Confidential Letter Agreement to be received and filed by Ithe City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute the Confidential Letter Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send a copy of this resolution and one fully executed Confidential Letter Agreement to: FRED SAFFER & ASSOCIATES, INC. ATTN: ALBERT E. CLARK 2111 EAST MICHIGAN STREET, SUITE 219 ORLANDO, FLORIDA 32806 SECTION 5: 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. ATTEST: BRUCE V. MALKENHORST, City Clerk EONIS C. MALtURG, Mayor - 2 - i 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 7583, 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 9 of Vernon. 10 11 BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 _ F Information to be entered when assigning new agreement# to system. CATEGORY (circle one only) : L & P, GAS, GENERAL R LICENSE AGREEME S # 1. Approval date: 419 aZ 9 - #3. Effective Date: (if different from approval date) #4. Expiration Date: (if applicable) s #5. Expiration :AgrmntData 11 UT, CITY COUNCIL 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: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 Ms. Gloria Orosco Chief Deputy City Clerk 4305 Santa Fe Avenue Vernon, California 90058-0805 DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-117 �C May 5, 1997 I� n a Re: Chesapeake Regulatory Consultants, Inc. Dear Gloria: For your records, please find enclosed the original letter agreement with the above -referenced, firm executed by Albert E. Clark, Senior Consultant. If you have any questions, please give me a call. Very truly yours, David B. Brearley City Attorney DBB:nc Enclosure cv\go-clark.agt CITY COUNCIL 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: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 April 23, 1997 VIA FACSIMILE AND MAIL DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Mr. Albert E. Clark Senior consultant Chesapeake Regulatory Consultants, Inc. 450 Maple Avenue East, Suite 202 Vienna, VA 22180-4724 Facsimile No. 703-242-0907 Re Consulting Services-.:FERC Docket..: No. �-ER97-2355 Dear Mr. Clark: - I recommended to the City Council during its adjourned regularly scheduled meeting on April 22, 1997, that the City retain your services to assist the City in preparing and litigating the above -referenced docket. The City Council approved retaining your services in accordance with your letter of April 9, 1997. That is, your fee would be $110.00 per hour for all consulting services performed in the above -referenced docket until the completion of said docket, even if your generally applicable rate is later increased, plus out-of-pocket expenses. These expenses could include items such as travel expenses, subsistence, copying and duplication, fax and long distance telephone charges. If you agree with the foregoing terms and conditions with respect to your consulting services, please execute this letter where indicated below and return the same to me. A copy is enclosed for your records. Further, you will receive your direction from me as the City Attorney of the City of Vernon; however, Mr. Fieldman as the lawyer primarily in charge of the FERC case will also provide instructions and authorization in work assignments In the event --there is any question concerning the assignments or authorization, you may Mr. Albert E. Clark Page 2 April 23, 1997 contact me directly. You should transmit your invoice for services to Bruce V. Malkenhorst, City Administrator/City Clerk, with a copy to both Mr. Fieldman and myself. Your invoices should contain a schedule indicating the number of hours worked on a daily basis in respect to issues that are assigned to you. If you have any questions concerning this matter, please do not hesitate to call me. Very truly yours, David B. Brearley City Attorney DBB:j1 Enclosure cc: Mr. Bruce V. Malkenhorst (w/o encls.) Mr. Arnold Fieldman (w/o encls.) I have read the foregoing letter and agree with the terms and conditions set forth therein. Dated: �J Albert E. Clark