Resolution No. 7637F
RESOLUTION NO. 7637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT NO. ONE TO THE AGREEMENT FOR CONSULTING
SERVICES BY AND AMONG THE CITY OF VERNON, THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON AND
IVANHOE ENERGY SERVICES & DEVELOPMENT, INC.
WHEREAS, on March 16, 1999, the City Council of the City of
Vernon adopted Resolution No. 7283 approving an Agreement for
Consulting Services by and among the City of Vernon ("City"), the
Redevelopment Agency of the City of Vernon ("Agency") and Ivanhoe
Energy Services & Development, Inc. ("Consultant") which was effective
from November 1, 1999 through October 31, 2000; and
WHEREAS, the City, the Agency and Consultant desire to extend
said Agreement through and including October 31, 2001.
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. One to the Agreement for Consulting
Services, 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 Amendment for,
and on behalf of, the City of Vernon.
1 SECTION 4: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution and thereupon and thereafter
3 the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 26"' day of September, 2000.
5
6 TLEONIS C. MAL URG, MAyor
7 ATTEST•
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7637, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Tuesday,
September 26, 2000, and thereafter was duly signed by the Mayor of the
City of Vernon.
BRUCE V. MALKENHORST, City Clerk
( SEAL)
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EXHIBIT
0
I AMENDMENT NO. ONE TO THE AGREEMENT
FOR CONSULTING SERVICES
2 BY AND AMONG THE CITY OF VERNON,
3 THE REDEVELOPMENT AGENCY OF THE CITY OF
VERNON AND IVANHOE ENERGY SERVICES & DEVELOPMENT, INC.
4
5 THIS AMENDMENT NO. ONE TO AGREEMENT FOR CONSULTING SERVICES
6 (the "Amendment") is made, entered into and executed in triplicate
7 originals, any copy of which may be considered and used as the
8 original hereof for all purposes, as of this day of October,
9 2000.
10 BY AND AMONG THE CITY OF VERNON, a municipal
11 corporation (hereinafter referred to
as the "City")
12 4305 Santa Fe Avenue
Vernon, CA 90058
13
14 AND THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON (hereinafter referred
15 to as the "Agency")
4305 Santa Fe Avenue
16 Vernon, CA 90058
17 AND IVANHOE ENERGY SERVICES &
18 DEVELOPMENT, INC. (hereinafter
referred to as the "Consultant")
19 2440 S. Hacienda Blvd., #223
Hacienda Heights, CA 91745
20
21 RECITALS
22 WHEREAS, the,City, Agency and Consultant are parties to an
23 Agreement for Consulting Services dated March 16, 1999 (hereinafter
24 referred to as the "Agreement"); and
25 WHEREAS, the City, Agency and Consultant desire to amend the
26 existing Agreement to extend the term of the Agreement through and
27 including October 31, 2001; and
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I WHEREAS, it is anticipated that Consultant's services will
2 be apportioned seventy-five percent (75%) to the Utilities Department
3 of the City and twenty-five percent (25%) to the Agency but will be
4 subject to a reallocation from time to time by the City and the
5 Agency.
6 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
7 THE PARTIES HERETO AGREE AS FOLLOWS:
8 SECTION 1: Section IV of the Agreement entitled "TERM OF
9 AGREEMENT AND TIME OF PERFORMANCE" is hereby amended to read as
10 follows:
11 IV. TERM OF AGREEMENT AND TIME OF PERFORMANCE.
12 Consultant's services herewith shall commence on November 1,
13 2000, and shall terminate on October 31, 2001, if on or
14 before September 30, 2001 either party provides a thirty
15 (30) day written notice of intent to terminate said
16 Agreement. If neither party provides such notice of intent
17 to terminate said Agreement, then said Agreement shall
18 continue thereafter subject to a thirty (30) day written
19 notice to terminate at any time thereafter.
20 SECTION 2: Section V of the Agreement entitled
21 "COMPENSATION" is hereby amended to add a new paragraph 4 to read as
22 follows:
23 4. Medical Insurance. The City shall continue to
24 provide to David B. Brearley medical benefits and an annual
25 physical.
26 SECTION 3: In all other respects, the terms and conditions
27 of the Agreement for Consulting Services shall remain in full force
28 and effect.
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IN WITNESS WHEREOF, City, Agency and Consultant have
executed this Amendment as of the date first hereinabove set forth.
By:
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
CITY OF VERNON
LEONIS C. MALBURG, Mayor
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
BY:
LEONIS C. MALBURG, Chairman
ATTEST:
BY:
BRUCE V. MALKENHORST, Secretary
APPROVED AS TO FORM:
BY:
EDUARDO OLIVO, Legal Counsel
IVANHOE ENERGY SERVICES &
DEVELOPMENT, INC.
BY:
DAVID B. BREARLEY, President
- 3 -
SUPPORTING
DOCUMENTS
",.� 1031
I AMENDMENT NO. ONE TO THE AGREEMENT
FOR CONSULTING SERVICES
2 BY AND AMONG THE CITY OF VERNON,.
3 THE REDEVELOPMENT AGENCY OF THE CITY OF
VERNON AND IVANHOE ENERGY SERVICES & DEVELOPMENT, INC.
4
5 THIS AMENDMENT NO. ONE TO AGREEMENT FOR CONSULTING SERVICES
6 (the "Amendment") is made, entered into and executed in triplicate
7 originals, any copy of which may be considered and used as the
g original hereof for all purposes, as of this day of October,
9 2000.
10 BY AND AMONG THE CITY OF VERNON, a municipal
11 corporation (hereinafter referred to
as the "City")
12 4305 Santa Fe Avenue
Vernon, CA 90058
13
14 AND THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON (hereinafter referred
15 to as the "Agency")
4305 Santa Fe Avenue
16 Vernon, CA 90058
17AND IVANHOE ENERGY SERVICES &
18 DEVELOPMENT, INC. (hereinafter
referred to as the "Consultant")
19 2440 S. Hacienda Blvd., #223
Hacienda Heights, CA 91745
20
21 RECITALS
22 WHEREAS, the City, Agency and Consultant are parties to an
23 Agreement for Consulting Services dated March 16, 1999 (hereinafter
24 referred to as the "Agreement"); and
251 WHEREAS, the City, Agency and Consultant desire to amend the
26 existing Agreement to extend the term of the Agreement through and
27 including October 31, 2001; and
28 / / /
1 WHEREAS, it is anticipated that Consultant's services will
2 be apportioned seventy-five percent (75%) to the Utilities Department
3 of the City and twenty-five percent (2.5%) to the Agency but will be
4 subject to a reallocation from time to time by the City and the
5 Agency.
6 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
7 THE PARTIES HERETO AGREE AS FOLLOWS:
8 SECTION 1: Section IV of the Agreement entitled "TERM OF
9 AGREEMENT AND TIME OF PERFORMANCE" is hereby amended to read as
10 follows:
11 IV. 'PERM OF AGREEMENT AND TIME OF PERFORMANCE.
12 Consultant's services herewith shall commence on November 1,
13 2000, and shall terminate on October 31, 2001, if on or
14 before September 30, 2001 either party provides a thirty
15 (30) day written notice of intent to terminate said
16 Agreement. If neither party provides such notice of intent
17 to terminate said Agreement, then said Agreement shall
18 continue thereafter subject to a thirty (30) day written
19 notice to terminate at any time thereafter.
20 SECTION 2: Section V of the Agreement entitled
21 "COMPENSATION" is hereby amended to add a new paragraph 4 to read as
22 follows:
23 4. Medical Insurance. The City shall continue to
24 provide to David B. Brearley medical benefits and an annual
25 physical.
26 SECTION 3: In all other respects, the terms and conditions
27 of the Agreement for Consulting Services shall remain in full force
28 and effect.
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IN WITNESS WHEREOF, City, Agency and Consultant have
executed this Amendment as of the date first hereinabove set forth.
CITY OF VERNON
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
By:
LEONIS C. MALBURG, Mayor
BY:
ATTEST:
BY:
BRUCE V. MALKENHORST, Secretary
APPROVED AS TO FORM:
BY:
EDUARDO OLIVO, Legal Counsel
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
LEONIS C. MALBURG, Chairman
IVANHOE ENERGY SERVICES&
DEVELOPMENT, INC.
BY: �--) 1�� , n="
DAVID B. BREARLEY, Presi ent
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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 (323) 581-7924
CITY HALL
4305 SANTA FEAVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
October 10, 2000
Eduardo Olivo, City Attorney
8135 Florence Avenue
Suite 202
Downey, CA 90240
Dear Mr. Olivo:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
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
Re Amendment No. One to the Ivanhoe Energy Services &
Development, Inc., Agreement
Enclosed please find three originals of Amendment No. One to the
Agreement for Consulting Services By and Among the City of
Vernon, The Redevelopment Agency of the City of Vernon and
Ivanhoe Energy Services & Development, Inc.
Please sign each agreement as required.
Very truly yours,
G1 ria J. Or j0
Chief Deputy City Clerk
BVM/ng
IV.AN'HOE ENERGY SERVICES &L DMLOPNMN r, INC.
• 2W S. Hadenda Blvd. #223 0 Hacienda Heights, CA 91745 9 (626) M 6-,%% • Fax (626) 330-6818
April 24, 2001
F—A-CSIM LE AND U.S. MAII.
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058-0805
Facsimile No.: 323-581-7924
Re: Consulting Services Agreement
Dear Bruce:
I have received your letter dated April 17, 2 00 1, which was in response to my letter to
you dated March% 15, 2001, wherein I explained the "bank account" concept. You indicated that
you would like the opportunity to review the services that have been provided under the above -
referenced Agreement
Attached hereto is Exhibit A, which is incorporated herein as though fully set forth at
length. This Exhibit A is a chart that identifies the hours of services performed during the past
seventeen (17) months, which have been approximately allocated to the following six categories.
These categories are (1) Light and Power, (2) Fiber Optic/Telephorne, (3) Redevelopment/
Community Services, (4) Water, (5) Gas, and- (6) Asia.
All the questions relating to the parcel tax, zoning,' redevelopment projects and any
discussions with Eddie relating to legal issues on the Alameda Corridor, etc. are listed under
Redevelopment/Community Services. I have divided the chart into the following three
segments; (i) the hours attributable to calendar year 1999, (ii) the hours attributable to calendar
year 2000, and (iii) to calendar year 2001.
I believe that there is a misunderstanding in your letter concerning Government Code
Section 21224, Government Code Section 21224 restricts a person who is retired from
performing services in the same category as his previous service so as not to exceed 960 hours
per calendar year. In discharging my duties pursuant to the Consulting Agreement, the hours of
services equals 958 hours of services for calendar year 2000. Therefore, I have not exceeded the
Section 21224 restrictions_ The sixty -hour restriction was chosen so as to insure that the City
would not be permitted to insist that I exceed those limitations and allow some margin if needed_
900/ZOO In HHHU AXIS FFF AHI2IVEM g QIAHQ ST99 OVC 9Z9 XVd ZE:9T TO/VZ/VO
Mr. Bruce V_ Malkenhorst
April 24, 2001
Page 2
You had initially raised the issue of my ability to complete a project in a timely manner. The
contract allowed me to complete projects if they did not conflict with Section 21224.
Your statement that "it was made clear that you were subject to Government Code
Section 21224" is not necessarily entirely correct. Since I was no longer serving as the City
Attorney, nor was I performing legal services, it is not likely that my consulting service contract
would be subject.to the restriction of Government Code Section 21224. However, because of the
substantial penalties involved if Section 21224 were impacted, the restrictions in the Agreement
were designed to provide me with a measure of protection so as to eliminate the potential of a
conflict with Section 21224. That is why, the contract restricts the City from insisting on
additional services.
In your letter, on page 2, you indicated "if you had advised me sometime prior to March
15, 2001, that you were regularly exceeding the maximum number of hours, I would have been
able to determine what assignments and services were more critical to the City." This statement
ignores the fact that I spoke to you several times during calendar year 2000 and informed you
that the service hours were, in fact, exceeding sixty hours per month.
It was because of this reason that we discussed a renewal of the Agreement; which would
have permitted additional hours of service. .Further, you and I, during our plane trip to
Washington, D.C. in May, specifically discussed this issue in some detail. It was during these
series of discussions that it became apparent that you were not interested in an increase in
compensation for the additional hours of service. However, you never instructed me to refrain
from discharging the matters that had been assigned to me_
In any event, the service activity was consistent with the matters that were assigned to
me. I think your citation of paragraph 11, page 3, where it indicates that the "consultant is only
required to perform services" means that the City was unable to require or insist that I perform
services over and above sixty hours per month. However, during this period, assignments were
provided to me, meetings were set, and work was performed, which did in fact exceed sixty
hours per month_ However, at no time, did the amount of service hours performed by me,
exceed the limitations of 960 hours during a calendar year provided for in Government Code
Section 21224.
I believe that the City has received substantial value for the amount of services that were
performed by me and that, by providing the "bank account" concept, it permitted you to obtain
the services you requested in a timely manner without incurring liability for increased monthly
payments. Based upon my calculations, there are approximately 122 hours of services left in the
"bank account", and I am available to perform those services in those areas which you deem
most productive.
I believe that the challenges facing the City at this time in the Light and Power function
are very substantial and require .a great deal of thought. As I have indicated in a -mails recently, I
believe that the consideration by the State Legislature of the proposed Edison/State of California
settlement offers opportunity for the City to advance the City's interest. If you have a specific
200iso012] xaaza asro FFt- aMvaug g arnva 9Ts2 M 9Z9 XVa ss:sT TO/tZ/tn
Mr. Bruce V. Malkenhorst
April 24, 2001
Page 3
assignment for me in these matters, please let me know. These matters are under consideration
now, and, if Vernon is interested, it needs to move quickly.
If you have any questions concerning this matter or wish to discuss these matters further,
please let me know..
Very truly yours,
IVANHOE ENERGY SERVICES &
DEVELOPMENT, INC.
��►VIA12,+
David B. Brearley
President
DBB.nc
Enclosure
ivn/1 BVM-42301
900/V00O x21M AZIa f4-E- AH1UV3Uq S QIAVQ 8T85 OCC 9Z9 XVA VC-9T TO/VZ/VO
EXHIBIT A
CONSULTING SERVICE HOURS-NOV. 1999 - MAR 2001
MONTH
TOTAL
HOURS
LIGHT
& POWER
FIBER
OPTIC/TEL
RA
COIVUSVS
WATER
GAS
ASIA
NOV. 99
81.25
34.00
-0-
34.75
3.50
7.00
2.00
DEC. 99
100.75
53.50
2.00
32.50
-0-
1.50
11.25
SUBTOTAL
182.00
JAN. 00
97.00
27.00
1.00
21.00
3.00
21.25
23.75
FEB. 00
126.75
20.75
11.50
7.25
16.50
12.75
58.00
MAR, 00
42.00
9.00
-0-
6.00
6.00
-0-
21.00
APR. 00
112.75
76.00
9.00
6.75
10.00
9.50
1.50
MAY 00
70.25
32.50
12.50
15.75
-0-
9.50
-0-
JUNE 00
40.00
6.00
5.00
23.00
-0-
1.00
5.00
JULY 00
94.75
90.25
2.00
2.50
-0-
-0-
-0-
AUG. 00
102.75
82.25
6.75
3,75
3.00
3.50
3.50
SEPT. 00
86.75
70.75
3.00
10.00
--0-
3.00
-0-
OCT.. 00
35.00
19.00
16.00
-0-
-0-
-0-
-0-
NOV. 00
104.75
52.75
13.50
21.25
5.75
-0-
11.50
DEC. 00
45.25
44.25
1.00
-0-
-0-
-0-
-0-
SUBTOTAL
958.00
JAN. 01
67.25
34.75
25.00
5.00
-0-
1.00
1.50
FEB. 01
58.75
40.50
11.25
2.50
1.00
3.50
-0-
MAR. 01
52.00
42.00
8.00
-0-
-0-
2.00
-0-
SUBTOTAL
178.00
TOTAL
1, 218. 00
735.23
127.50
192.00
49.75
73.50
129.00
ivn/5,uM-hrswrkd1199-301
EXHIBIT A
200/2001j MID AlIO FtF AaIHVE[ U g aIAea MS M 9Z9 XVd VC:5T TO/%Z/P0
W,
Qk'ENERQ'_x'1VS�ERVI
• iII
,sr€s^'.ma+ss�sx,e�zr
• VOICE: (626) 336- 08 •�FAAXX- 6� 330-5 1 • E-MAIL: DBB841@AOLCOM
JUL 0 9 2002
July 8 2002
VIA FACSIMILE & U.S. MAIL
Eduardo Olivo, Esq.
City Attorney, City of Vernon
Law Offices of Olivo & Plascencia
8255 Firestone Boulevard, Suite 210
Downey, California 90241
Facsimile No.: 562 869-1883
Pt.I
A$l
JUf 9 keb
Z002
"Ofton
Re: Closing Invoice -Report of Hours for June 2002 nC_
Agreement for Consulting Services
Dear Mr. Olivo:
EARLY CHECK
RETURN TOk
On June 19, 2002, the City Council and the Agency approved and
authorized an Amendment to the Agreement for Consulting Services, which
provided a mutual termination date, effective June 30, 2002.
h-purpose of this; letter is to present the closing invoice for
the..:authorized requested e�cedgis service ..hours :performed in. excess. of
the 420 hours requirement,.fot.the.Agreemerit Further, attached hereto
is a report (Exhibit A) of service hours performed in June 2002 in
accordance with the Agreement.
The total amount of service hours performed pursuant to this
Agreement, including the report for June service hours, equals a total
of 555 service hours. Therefore, a total of 135 service hours are
authorized requested excess service hours in accordance with the
Amendment'(555 service hours less 420 service hours) to the Agreement:
adopted on June 19, 2002. Please see the attached Exhibit B. The
Amendment further provided that the ai.athor:i_zed requested excess service
hours shall be compensated for at a. rate of $286 per hour.
I am hereby submitting an invoice for 'the authorized requested
excess service hourszec:;.:_ex ss, service l'ou :$,'-."apt` the
authorized rate of; 28b per ht invpae requests payment 'of'
$3$,.`6I0 °ab'' In addition, : the Agreement, in: Exhibit A, provided for the
deferred payments of $5,000 per month, -payable on the 15th of each
month starting on July 15, 2002, through and including June 15, 2004.
Therefore, will you please notify. the staff at the. City and the .
Agency to initiate payment of the deferred payments, starting with the
first payment on July 15, 2002, in accordance with Exhibit A of the
Agreement.
In addition, as a housekeeping matter, Ivanhoe submitted an
invoice for expenses on January 8, 2002. A copy of said invoice is
2440 S. HACIENDA BLVD. #223 • HACIENDA HEIGHTS, CA 91745
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 (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 7, 2002
Ivanhoe Energy Services & Development, Inc.
2440 S. Hacienda Blvd.
Suite 223
Hacienda Heights, CA 91745
Re: Closing Invoice -Report of Hours for June 2002
Mr. Brearley,
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
In accordance to your Invoice -Report, dated July 8, 2002, enclosed is
check no. 206037 in the amount of $38,610.00.
If you have any questions, please call Gloria Orosco at 323/583-8811
ext. 266.
Very truly yours,
Nelly ron,
Assistant to the
Chief Deputy City Clerk
:ng
CC: Ivanhoe Energy Agreement File
CITY OF VERNON
4305 SANTA FE AVENUE,
VERNON, CALIFORNIA 90058-0805
(323) 583-8811
PAY THIRTY EIGHT THOUSAND SI
TO THE IVANHOE ENERGY SER
ORDER OF AND DEVELOPMENT, I
2440 S. HACIENDA BLVD.
SUITE #223
HACIENDA HEIGHTS, CA 91745
WELLS FARGO BANK
16-24/1220
CHECK 00206037
NUMBER
CHECK DATE CHECK AMOUNT
08/07/02 $38,610.00
VOID AFTER 90 DAYS
& 00 CENTS
11100206037111 1:L 2 1000248i:4L59283738115
IVANHOE
TVANHQgX
VL"NllVKKhMIllANl;hAllVK;h
. a
Ind
$38,610.00
JUL082002
07/08/02 EXCESS CONSULT HRS 11/01-06/02
1 AMENDMENT NO. ONE TO THE AGREEMENT
FOR CONSULTING SERVICES
2 BY AND AMONG THE CITY OF VERNON,
3 THE REDEVELOPMENT AGENCY OF THE CITY OF
VERNON AND IVANHOE ENERGY SERVICES & DEVELOPMENT, INC.
4
5 THIS AMENDMENT NO. ONE TO AGREEMENT FOR CONSULTING SERVICES
6 (the "Amendment") is made, entered into and executed in triplicate
7 originals, any copy of which may be considered and used as the
8 original hereof for all purposes, as of this �day of October,
9 2000.
10 BY AND AMONG THE CITY OF VERNON, a municipal
11 corporation (hereinafter referred to
as the "City")
12 4305 Santa Fe Avenue
Vernon, CA 90058
13
14 AND THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON (hereinafter referred
15 to as the "Agency")
4305 Santa Fe Avenue
16 Vernon, CA 90058
17
AND IVANHOE ENERGY SERVICES &
18 DEVELOPMENT, INC. (hereinafter
referred to as the "Consultant")
19 2440 S. Hacienda Blvd., #223
20 Hacienda Heights, CA 91745
21 RECITALS
22 WHEREAS, the City, Agency and Consultant are parties to an
23 Agreement for Consulting Services dated March 16, 1999 (hereinafter
24 referred to as the "Agreement"); and
25- WHEREAS, the City,.Agency and Consultant desire to amend the
r
26 existing Agreement to extend.the term of the Agreement through and
27 including October 31, 2001; and
28 / / /
1 WHEREAS, it is anticipated that Consultant's services will
2 be apportioned seventy-five percent (75%) to the Utilities Department
3 of the City and twenty-five percent (25%) to the Agency but will be
4 subject to a reallocation from time to time by the City and the
5 Agency.
6 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
7 THE PARTIES HERETO AGREE AS FOLLOWS:
8 SECTION 1: Section IV of the Agreement entitled "TERM OF
9 AGREEMENT AND TIME OF PERFORMANCE" is hereby amended to read as
10 follows:
11 IV. TERM OF AGREEMENT AND TIME OF PERFORMANCE.
12 Consultant's services herewith shall commence on November 1,
13 2000, and shall terminate on October 31, 2001, if on or
14 before September 30, 2001 either party provides a thirty
15 (30) day written notice of intent to terminate said
16 Agreement. If neither party provides such notice of intent
17 to terminate said Agreement, then said Agreement shall
18 continue thereafter subject to a thirty (30) day written
19 notice to terminate at any time thereafter.
20 SECTION 2: Section V of the Agreement entitled
21 "COMPENSATION" is hereby amended to add a new paragraph 4 to read as
22 follows:
23 4. Medical Insurance. The City shall continue to
24 provide to David B. Brearley medical benefits and an annual
25 physical.
26 SECTION 3: In all other respects, the terms and conditions
27 of the Agreement for Consulting Services shall remain in full force
28 and effect.
- 2 -
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25,
261
27
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IN WITNESS WHEREOF, City, Agency and Consultant have
executed this Amendment as of the date first hereinabove set forth.
CITY OF VERNON
By:
<' LEONIS C. MAikBURG, M or
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APP OVED AS TO FO
EDUARDO OLIVO, City Attorney
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
6 L ONIS C. MALBUR Chair an
ATTEST: /
BY: G�
BRUCE V. MALKENHORST, Secretary
APPROVED AS TO FORM:
BY:
EDUARDO,OLIVO, Lega-1 ounsel
IVANHOE ENERGY SERVICES &
DEVELOPMENT, INC.
BY:
DAVID B. BREARLEY, Presid nt
- 3 -
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. "BILL" DAVIS
Councilman
H. "L,ARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 1, 2000
Mr. David Brearley
Ivanhoe Energy Services & Development, Inc.
2440 S,. Hacienda Blvd., #223
Hacienda Heights, CA 91745
Dear Mr. Brearley:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
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 original Amendment No. One to the
Agreement for Consulting Services by and among the City of Vernon, The
Redevelopment Agency of the City of Vernon and Ivanhoe Energy Services &
Development, Inc. which was approved by the Vernon City Council on
September 26, 2000.
If you should have any question, please refer them to Mr. Bruce V.
Malkenhorst at Ext. 260.
Very ly yours,
oria J. osco
Chief Deputy City Clerk
GJO:mt
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: November 1, 2000
TO: Joan Francone, Risk Manager/Personnel Assistant
Dolores Fonseca, Purchasing Assistant
FROM: Gloria J. Or V Chief Deputy City Clerk
RE: Consulting Services Agreement (Amendment)
Transmitted herewith is a copy of the Amendment No. One to the
Agreement for Consulting Services by and Among the City of
Vernon, The Redevelopment Agency of the City of Vernon and
Ivanhoe Energy Services & Development, Inc. that was approved by
the Vernon City Council on September 26, 2000.
An original is being retained in this office for our files.
Thank you.
GJO/mt
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
CITY HALL
BRUCE V. MALKENHORST
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 581-7924 TELEPHONE (323) 583-8811
OAT 1 2000 October 10, 2000
BY-___mr_m_-a_______._®
Eduardo Olivo, City Attorney
8135 Florence Avenue
Suite 202
Downey, CA 90240
Dear Mr. Olivo:
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
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
Re: Amendment No. One to the Ivanhoe Energy Services &
Development, Inc., Agreement
Enclosed please find three originals of Amendment No. One to the
Agreement for Consulting Services By and Among the City of
Vernon, The Redevelopment Agency of the City of Vernon and
Ivanhoe Energy Services & Development, Inc.
Please sign each agreement as required.
Very truly yours,
4G1ria J. Or sco
Chief Deputy City Clerk
BVM/ng