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Resolution No. 7714r � r 1 RESOLUTION NO. 7714 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES 4 BY AND BETWEEN THE CITY OF VERNON AND THOMAS J. 5 LANGAN, AN INDIVIDUAL DOING BUSINESS AS WTL TRADING,. FOR RISK MANAGEMENT SERVICES AND 6 ASSISTANCE IN THE IMPLEMENTATION OF THE CITY'S RESOURCE PROCUREMENT PLAN AND CREDIT RISK 7 MANAGEMENT POLICY 8 9 WHEREAS, on February 16, 1999, the City Council of the City 10 of Vernon adopted Resolution No. 7276 approving a Resource Procurement 11 Plan and Credit Risk Management Policy thereinafter referred to as the 12 "Policy") dated February 12, 1999, which was prepared for the Vernon. 13 Utilities Department; and 14 WHEREAS, said Policy established guidelines to enable Vernon 15 to plan, execute and control the management of a variety of risks 16 inherent in power resource procurement in the deregulated power market, 17 thereby remaining competitive; and 18 WHEREAS, the Vernon City Council is responsible for 19 establishing a framework for power procurement and credit risk 20 management and ensuring that risks are properly managed; and 21 WHEREAS, the organizational structure developed, as reflected 22 in the Policy, will not assume greater aggregate risk than approved by 23 the Vernon City Council in order to control the management.of financial 24 risks; and 25 WHEREAS, specific authorization and approvals are required 26 from the Vernon City Council for transactions that will enable 27 purchases in different markets at different levels of risk than those 28 approved by the Vernon City Council; and f r 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 WHEREAS, all energy procurement activities will be carried . out in accordance with the Policy and appropriate reports will be made to the Director of the Utilities Department and the Vernon City Council on a timely basis; and WHEREAS, the Policy is designed for the specific requirements and constraints in the Utilities Department; and WHEREAS, the Director of the Utilities Department is responsible for the overall direction, structure, conduct, control and reporting of Vernon's risk management activities to the Vernon City Council; and WHEREAS, on October 5, 1999, the City Council of the City of Vernon adopted Resolution No. 7421 approving an Agreement for Professional Consulting Services with Thomas J. Langan, an individual doing business as WTL Trading ("WTL"), for risk management services and implementation of the City's Policy; and WHEREAS, the Agreement for Professional Consulting Services with WTL expired on December 31, 2000; and WHEREAS, the City of Vernon has a continuing need for. assistance on various risk management matters and implementation of the City's Policy; and WHEREAS, Vernon and WTL desire to enter into a new Agreement for Professional Consulting Services setting forth the terms and conditions of the services to be performed; and WHEREAS, on February 20, 2001, the Finance Committee approved the recommendation of Bruce V. Malkenhorst, the Director of Finance, dated February 14, 2001, that a new agreement be executed with WTL; and WHEREAS, the agreement shall be effective from the date set forth in the agreement and continue until either October 31, 2001, - 2 - f 1 unless terminated earlier, or until the compensation of Twenty -Five 2 Thousand Dollars and No Cents ($25,000.00) has been reached, whichever 3 occurs first; and 4 WHEREAS, the City Council of the City of Vernon has 5 determined that, pursuant to the provisions of Subsection (a) of 6 Section 2.27 of the Vernon City Code, it is in the public interest and 7 necessity to enter into an.agreement for Professional Consulting 8' Services with WTL. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The City Council of the City of Vernon hereby 12 finds and determines that the recitals contained hereinabove are true 13 and correct. 14 SECTION 2: The City Council of the City of Vernon hereby 15 approves the Agreement for Professional Consulting Services with WTL, a 16 copy of which is attached hereto as Exhibit "A" and made a part hereof. 17 SECTION 3: The City Council of the City of Vernon hereby 18 authorizes the Mayor and the City Clerk to execute said Agreement for, 19 and on behalf of, the City of Vernon. 20 SECTION 4: The City Council of the City of Vernon hereby 21 directs the City Clerk, or his designee, to send one fully executed 22 Agreement to: 23 WTL Trading Attn: Thomas J. Langan. 24 4352 Via Majorca 25 Cypress, CA 90630 26 27 28 3 _ 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 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 218t day of February, 2001. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, M or - 4 - rl 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7714, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 21, 2001, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 5 - EXHIBIT o,t 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES 2 3 THIS AGREEMENT is made, entered into and executed in 4 duplicate originals, either copy of which may be considered and used 5 as the original hereof for all purposes, as of this day of 6 February, 2001, in the City of Vernon, County of Los Angeles, 7 California 8 BY AND BETWEEN THE CITY OF VERNON, 9 (hereinafter referred to as the 11City" ) 10 4305 Santa Fe Avenue Vernon, California 90058 11 AND THOMAS J. LANGAN, an 12 Individual dba WTL TRADING (hereinafter referred to as the 13 "Consultant") 4352 Via Majorca 14 Cypress, California 90630 15 WITNESSETH 16 WHEREAS, the City provides electricity to wholesale and 17 retail customers within its city boundaries; and WHEREAS, City accomplishes its energy delivery obligations 18 primarily through the purchase and sale of energy and related 19 products and services in the short-term wholesale electricity market; 20 and 21 WHEREAS, over the last several years the California Public 22 Utilities Commission and the Federal Energy Regulatory Commission 23 have deregulated many aspects of the electric industry; and 24 WHEREAS, this deregulation has resulted in the City facing 25 new challenges in the procurement of electricity; and - 1 - :II 2 3 II' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the City has provided electricity to its customers at the lowest possible cost while maintaining the reliability of the electric system and desires to continue this effort; and WHEREAS, the City Council of the City adopted Resolution No. 276 on February 16, 1999, approving a Resource Procurement Plan & Credit Risk Management Policy (hereinafter referred to as the "Policy") dated February 12, 1999, which was prepared for the City's tilities Department; and WHEREAS, said Policy established guidelines to enable City to plan, execute and control the management of a variety of risks inherent in power resource procurement in this newly deregulated power market, thereby remaining competitive; and WHEREAS, the City Council is responsible for establishing a framework for power procurement and credit risk management and ensuring that risks are properly managed; and WHEREAS, the organizational structure developed, as reflected in the Policy, will not assume greater aggregate risk than approved by the City Council in order to control the management of financial risks; and WHEREAS, specific authorization and approvals are required from the City Council for transactions that will enable purchases in different markets at different Levels of risk than those approved by the Vernon City Council; and WHEREAS, all energy procurement activities will be carried out in accordance with the Policy and appropriate reports will be made to the Director of the Utilities Department on a timely basis; and - 2 - 1 WHEREAS, the Policy is designed for the specific 2 requirements and constraints in the Utilities Department; and 3 WHEREAS, the Director of the Utilities Department is 4 responsible for the overall direction, structure, conduct, control 5 and reporting of City Is risk management activities to the Vernon City' Council; and 6 WHEREAS, the City desires to retain a risk management 7 consultant to provide consulting services to the City's Utilities 8 Department on risk management matters; and 9 WHEREAS, the City desires to engage the Consultant for to the services hereinafter described; and 11 WHEREAS, the Consultant represents that he is qualified 12 to perform such services under this Agreement for Professional 13 Consulting Services (hereinafter "Agreement"). 14 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 15 I. SCOPE OF SERVICES. 16 The Consultant's scope of services shall be assigned by the 17 Director and may include the following: 18 A. Provide assistance, as necessary, to the Utilities 19 Department in developing and monitoring the Utilities Department's 20 strategic direction and energy risk profile; and 21 B. Provide assistance, as necessary, on the following items: 22 1. Establishing procedures and workflow; 23 2. Periodically assessing the control of market, operational, and credit risks by the Resource Management Group and 24 provide feedback to the Director of the Utilities Department on 25 3 - 1 whether Policy requirements and management expectations on risk 2 control are being met; 3 3. Assisting with implementation or development of 4 other risk management software tools as appropriate (e.g., physical market options valuations); 5 4. Monitoring compliance with'Policy; 6 5. Developing and producing a daily position report on 7 open and closed transactions; 8 6. Monitoring and reporting to the Director the risk 9 taking and risk management activities of the organization through the 10 position report; 11 7. Providing expert opinions on financial products and 12 pricing and structuring of physical contracts with embedded financial 13 features (e.g., options); 8. Providing financial and physical market pricing 14 expertise when evaluating the feasibility of structured products and 15 services to customers; 16 9. Advising the Director on specific courses of action 17 to be taken when the risk position of a trader or department exceeds, 18 or is approaching, the limits established by this Policy; 19 10. Ensuring that risks for all transactions have been 20 identified and can be valued; 21 11. Advising the Director, during the approval process for all new products (before their use) and transactions (before 22 opening), to ensure that the risks and economics of such transactions 23 are consistent with this Plan & Policy; 24 12. Monitoring for breakdowns in execution of duties, 25 especially during changes in personnel, organizational structure, and 4 _ 1 information systems and advise the Director accordingly; 2 13. Calculating the estimated financial exposure of 3 Vernon's energy commodity portfolio by applying standard risk 4 measurement and valuation standards; 14. Recommending portfolio -hedging strategies to the 5 Resource Management Group. 6 The Consultant shall provide services, as directed by the 7 City, through its staff, as may be provided from time to time. The 8 Consultant shall carry out his services under the terms of this 9 Agreement in a manner consistent with the Policy. 10 II. TERM. it The Consultant's services pursuant to this Agreement shall 12 commence on the date set forth hereinabove and shall continue until 13 either October 31, 2001 upon termination pursuant to Section IX.6 of this Agreement, or until the cost under this Agreement has reached 14 Twenty -Five Thousand Dollars and No Cents ($25,000), whichever occurs 15 first. 16 III. COMPENSATION. 17 The Consultant will be paid at the rate of Ninety -Two 18 Dollars and No Cents ($92.00) per hour. However, the amount to be 19 paid to Consultant under this Agreement shall not exceed Twenty -Five 20 Thousand Dollars and No Cents ($25,000). The Consultant will not be 21 compensated for automobile travel time for travel in Los Angeles 22 County and/or Orange County. IV. REIMBURSABLE EXPENSES. 23 The Consultant will be reimbursed for automobile mileage at 24 a rate of Thirty -Two Cents ($0.32) per mile and pre -authorized travel 25 expenses. The Consultant will also be reimbursed for pre -authorized 5 1 office expenses directly related to the performance of his services 2 under this Agreement, such as finishing reports and photocopying. 3 The Consultant will not be reimbursed for office expenses which are 4 part of his overhead including, but not limited to, the cost of office space and the procurement or leasing of office equipment. 5 V. METHOD OF PAYMENT. 6 within thirty (30) days after the last day of any month 7 in which services have been performed or costs incurred hereunder, 8 the Consultant shall submit an invoice to the City stating the amount 9 due the Consultant. Invoices shall contain an itemization of the 10 services rendered (i.e., the services performed, the date and time 11 the services were performed, and the number of hours spent), directly 12 related job expenses and an estimate of the percentage completed for 13 each milestone or task. Payment of the invoice shall be made after acceptance and approval by the City within thirty (30) days of 14 receipt. 15 VI. CONFIDENTIAL INFORMATION. 16 1. Access to Confidential Information. The City may 17 provide the Consultant with, or allow the Consultant access to, 18 certain information not available to the public concerning, but not 19 limited to the City, or businesses located in the City. The 20 information may include, but is not limited to, company information, 21 taxes, sales, value of assets, utility usage, the Policy, or other such information. All such information shall be known as 22 "Confidential Information" and may not be used to circumvent the 23 responsibility of either party to this Agreement. 24 2. No Disclosure. Except as expressly permitted, the 25 Consultant shall not disclose, permit the disclosure of, release, 6 - 1 disseminate, or transfer, whether orally or by any other means, any 2 part of such Confidential Information to any other person or entity, 3 whether corporate, governmental, or individual, without the express 4 prior written consent of an authorized representative of the City. 5 The Consultant shall return any written Confidential Information, and all copies made of such items, to the City upon the City's written 6 request, but in any event not later than the date that the Consultant 7 has performed all services to be performed pursuant to this 8 Agreement. The Consultant hereby agrees that such Confidential 9 Information and any documents provided may be used by the Consultant to only as authorized by the City. The Consultant shall take reasonable 11 measures to avoid any disclosure of any such Confidential Information', 12 to any unauthorized person. 13 3. Court Ordered Disclosure. The Consultant shall immediately notify the City of any court order or subpoena 14 requiring disclosure of Confidential Information, and shall 15 cooperate with legal counsel in the appeal or challenge of any 16 such order or subpoena. Recipient may only disclose Confidential 17 Information required to be disclosed pursuant to court order or 18 subpoena after legal counsel has exhausted any lawful and timely 19 appeal or challenge_ 20 4. Remedies. In addition to any other remedies 21 that it.may have at law or in equity, the City shall be entitled 22 to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the 23 Confidential Information provisions of this Agreement. The 24 Consultant acknowledges that in case of such breach or threatened 25 7 - 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 lbreach of said provisions, the City would have no adequate remedy at law. VII. CONFLICT OF INTEREST. In the event that a potential conflict should arise between the interests of the City and the interests of any other client of the Consultant, during the Consultant's performance of services under this Agreement, the Consultant shall notify the City of such potential conflict. Notice of the existence of a potential conflict of interest shall be given in writing to the City within ten (10) days of the perceived conflict. The conflict of interest letter shall specify when the potential conflict arose, the identity of the other party(ies) and the facts which give rise to the potential conflict. In the event that a potential conflict of interest is deemed by the City to be an actual conflict of interest, the City may, at its discretion, terminate this Agreement immediately. VIII. INDEMNITY AND INSURANCE. 1. Indemnification of City. The Consultant shall indemnify, defend, protect and hold the City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of or attributable to the negligent or wrongful acts of the Consultant or its subcontractors, employees or agents in the performance of services under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. - 8 - 1 2. Patent or Copyright Infringement. The Consultant 2 shall indemnify, defend, protect and hold the City and its officers, 3 agents and employees, free and harmless from and against any and all 4 claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in 5 connection therewith, including reasonable attorney's fees and costs 6 of defense, based upon a claim that any software program or other product used or furnished by the Consultant in the performance of 8 this Agreement constitutes an infringement of any United States 9 patent or copyright, provided that this indemnity shall not apply to 10 any such software program or other product that (i) is based upon 11 specifications provided by City or (ii) is based upon modifications 12 or additions made by City or (iii) is used in a 13 manner not authorized by the Consultant. 3. Insurance. The Consultant shall maintain in full 14 force and effect during the term of this agreement policies of 15 automobile liability and other insurance coverage as set forth in the 16 Schedule of Insurance which is attached hereto as Exhibit "A" and 17 made a part hereof by reference and shall provide proof thereof as 18 required therein. The Consultant shall be excused from obtaining 19 automobile liability insurance as specified in Exhibit "A" for 20 "Hired" (i.e., rented) Automobiles provided the Consultant obtains, 21 as part of the rental agreement, liability insurance as offered 22 through the automobile rental agency. The Consultant shall not operate any automobile in the performance of this Agreement that he 23 does not own or that is not an insured hired automobile. Consultant 24 shall submit to the City documentation indicating compliance with 25 these minimum requirements no later than thirty (30) days after the 9 - 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 execution of this Agreement. If the Consultant fails to provide insurance as requested above, this Agreement shall terminate, unless the parties mutually agree to_extend the time in which to comply by amendment. The City, at its option, may require professional liability insurance. If the City requires such insurance, the City twill reimburse the Consultant for the costs incurred in procuring such insurance. A determination will be made by the Director of the Utilities Department after the Consultant obtains proposals to provide professional liability insurance. Consultant may begin providing services under the Agreement, provided such services do not contain risk tolerance recommendations, until the Director of the Utilities Department has imade a determination as provided above regarding the procurement of 1professional liability insurance. 4. Workers' Compensation Coverage. The Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, the Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by the Consultant for City. This provision shall not apply - 10 - 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 if the Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, the Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit "B." IX. GENERAL PROVISIONS. 1. Independent Contractor. (a) The Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or _iability on behalf of the City. No act or omission of the Consultant in the course of performing any services under this Agreement shall be deemed or construed to make the Consultant an agent, employee, associate, partner or joint venturer of the City. The Consultant's services hereunder shall be performed in such manner as the Consultant may, in the exercise of reasonable discretion, deem appropriate and beneficial for the City. The Consultant shall be responsible for determining the means and methods for performing the services required hereunder. (b) The Consultant shall not be eligible for, nor 11claim any benefits under, the Public Employee's Retirement System, State Unemployment Insurance, Disability Insurance, Workers' Compensation Insurance, or other benefits through the City as such benefits are commonly conferred upon employees of the City; provided, however, that nothing contained herein shall be deemed to affect any benefits which may have accrued to the Consultant while employed by any other public or private employer, whether prior to or after the effective date of this Agreement. 2. Consultant Not Agent. Except as the City may , ■ 1 specify in writing, the Consultant shall have no authority, 2 express or implied, to act on behalf of the City in any capacity 3 whatsoever as an agent. The Consultant shall have no authority, 4 expressed or implied, pursuant to this Agreement to bind the City to any obligation whatsoever. 5 3. Valid.ity. The validity, interpretation and 6 performance of this Agreement shall be controlled and construed 7 under the laws of the State of California. 8 4. Products of Consulting. All products of 9 consulting services, including but not limited to computer software, to shall become the property of the City and shall be delivered to the 11 City before the end of the performance of this Agreement. Basic 12 notes and sketches, charts, computations and other data shall be made 13 available to City without restriction or limitation on their use. 5. Assignment and Subcontracting Prohibited. No party 14 to this Agreement may assign or subcontract any right or obligation 15 pursuant to.this Agreement except with the express written consent of 16 the other party. Any other attempted or purported assignment of any 17 right or obligation pursuant to this Agreement shall be void and of 18 no effect. 19 6. Termination. This Agreement may be terminated 20 by the City without cause on fifteen (15) days written notice to 21 the Consultant. In the event of such termination by the City, the Consultant shall be entitled to only the compensation earned by it 22 prior to the date of the termination notice, computed pro rata up to 23 and including that date, plus compensation for work performed during 24 the fifteen -day notice period and authorized in the termination 25 notice. 12 - 1 7. Notices. Notices to the parties, unless 2 otherwise requested in writing, shall be sent to: 3 City: THE CITY OF VERNON 4 ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 5 4305 SANTA FE AVENUE VERNON, CA 90058-0805 6 Consultant: WTL TRADING 7 ATTN: THOMAS J. LANGAN 4352 VIA MAJORCA 8 CYPRESS, CALIFORNIA 90630 9 X. ENTIRE AGREEMENT. 10 This Agreement is the entire Agreement of the parties. The 11 Consultant represents that in entering into this Agreement, it has 12 not relied on any previous representations or understandings of any 13 kind or nature. 14 XI. AMENDMENTS. 15 This Agreement may be modified or amended only by a written 16 document executed by both Consultant and the City and approved as to 17 form by the City Attorney. XII. BENEFIT OF AGREEMENT. 18 This Agreement shall bind and benefit the parties hereto and 19 their heirs, successors, and permitted assigns. 20 XIII. GOVERNING LAW. 21 This Agreement shall be governed by and construed and 22 enforced in accordance with the laws of the State of California. 23 24 25 - 13 - 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 IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the date first hereinabove set forth. THE CITY OF VERNON BY: THOMAS A. YBARRA, Mayor Pro Tem ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: DAVID B. BREARLEY, City Attorney WTL TRADING By: THOMAS J. LANGAN, dba WTL TRADING Title: Sole Proprietor Exhibit A: Insurance Schedule Exhibit B: Certificate Of Exemption From Workers' Compensation - 14 - y � . 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 FiYWTnT'T A INSURANCE SCHEDULE (CONSULTANT) The Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 1. Coverage and Limits Bodily Injury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $ 500,000 $ 500,000 Hired Automobiles $ 500,000 $ 500,O00 $ 500,000 Workers' Compensation $ Statutory II. General Liability and Professional Liability General Liability $1,000,000 $1,000,000 $1,000,000 Professional Liability (at City's Option) a. The general and professional liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general liability coverage shall be furnished in the form checked below. Certification of the following proofs by the insurance agent or broker will not be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT "A" I EXHIBIT B 2 CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE 3 4 I hereby certify that in the performance of the work for 5 which this Agreement is entered into, I shall not employ any person in 6 any manner so as to become subject to the Workers' Compensation Laws 7 of the State of California. 8 Executed this day of February, 2001, at 9 California. 10 11 THOMAS J. LANGAN, an Individual 12 doing business as WTL Trading 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "B" SUPPORTING DOCUMENTS OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK INTER -OFFICE MEMORANDUM DATE: March 19, 2001 TO: Kenneth DeDario Director of U ilities FROM: Gloria Orosc , hief Deputy City Clerk RE: Resolution No. 7714 Transmitted herewith is a copy of Resolution No. 7714 approved and adopted by City Council on their meeting held March 7, 2001 approving and authorizing the execution of an agreement by and between the City of Vernon and Thomas J. Lagan, and individual doing business as WTL Trading. GJO:ng �5�� 14r_ �a . ®[ - 0