Resolution No. 77651 RESOLUTION NO. 7765
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
4 AN AMENDMENT NO. ONE TO THE CONSULTING SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
5 CHARLES W. MONTOYA
6 WHEREAS, on February 21, 2001, the City Council of the City
7 of Vernon adopted Resolution No. 7710 approving and authorizing the
8 execution of a Consulting Services Agreement ("Agreement") with Charles
9 W. Montoya ("Montoya") for the development of generation projects in
10 the City of Vernon; and
11 WHEREAS, Montoya and the City of Vernon desire to amend the
12 Agreement to change the indemnity provisions contained in Section IX.1
13 of the Agreement; and
14 WHEREAS, by letter dated May 17, 2001, Bruce V. Malkenhorst,
15 City Administrator/City Clerk, has recommended that the indemnity
16 provisions in the Agreement with Montoya be amended.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
18 CITY OF VERNON AS FOLLOWS:
19 SECTION 1: The City Council of the City of Vernon hereby
20 finds and determines that the recitals contained hereinabove are true
21 and correct.
22 SECTION 2: The City Council of the City of Vernon hereby
23 approves the Amendment No. One to the Consulting Services Agreement
24 with Charles W. Montoya, a copy of which is attached hereto as Exhibit
25 "A" and made a part hereof.
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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 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 one fully executed
Amendment to:
Charles W. Montoya
6118 Andy Street
Lakewood, CA 90713
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 23rd day of May, 2001.
ATTEST:
di
BRUCE V. MALKENHORST, City Clerk
I W LEONIS--C-. M-ALB&G, Y
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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.
7765, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
May 23, 2001, and thereafter was duly signed by the Mayor of the City
of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
V1,
AMENDMENT NO. ONE TO THE
CONSULTING SERVICES AGREEMENT
THIS AMENDMENT NO. ONE TO THE CONSULTING SERVICES AGREEMENT
(the "Amendment") 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 day of May, 2001.
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND CHARLES W. MONTOYA, (hereinafter
referred to as the "Consultant")
6118 Andy Street
Lakewood, California 90713
RECITALS
WHEREAS, the City and Consultant are parties to a Consulting
Services Agreement dated on or about February 21, 2001 (hereinafter
referred to as the "Agreement") with respect to the development of
generation projects in the City; and
WHEREAS, the City and Consultant desire to amend Section
IX.1 of the Agreement to modify the indemnification provision of the
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Section IX.1 of'the Agreement entitled
"Indemnification," is hereby amended to read as follows:
11/
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I City shall indemnify, defend, protect and hold
2 Consultant harmless from any liability that may
3 result from acts that are undertaken by Consultant
4 on behalf of City pursuant to this Agreement,
5 except to the extent arising from or caused by the
6 willful misconduct of the Consultant.
7 SECTION 2: In all other respects, the terms and conditions
8 of the Agreement shall be renewed in its entirety.
9 IN WITNESS WHEREOF, City and Consultant.have executed this
10 Amendment as of the date first hereinabove set forth.
11
12 CITY OF VERNON
13 By:
14 LEONIS C. MALBURG, Mayor
15 ATTEST:
16 BRUCE V. MALKENHORST, City Clerk
17 APPROVED AS TO FORM:
18
19 EDUARDO OLIVO, City Attorney
20 CONSULTANT
21
By: ij. !
22 CHARLES W. MONTOYA
23 Title: Sole Proprietor
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SUPPORTING
DOCUMENTS
MAY-17-2001 THU 09:49 AM EDUARDO OLIVO FAX NO. 1 P. 01/03
TO -
DATE:
E:
COMPANY:
FAX NO.:
CITY ATTORNEY'S OFFICE
CITY OF VERNON
8135 Florence Avenue, Suite 202
Downey, California 90240
Telephone: (562) 927-7702
Facsimile: (562) 927-8722
FACSIMILE COVER SHEET
Gloria Orosco
May 17, 2001
CITY OF VERNON
FROM; Lynelle per F-duardo Olivo
RE. Chuck Montoya°s Contract
COMMV,N'fS:
If you do not receive 3 pages in their entirety (including this cover sheet), please
call Lynelle at (562) 927-7702.
This f leArnile transmission tnay contain CONFIDENTIAL INFORMATION, which may also be LEGALI Y PRIVILEGED
and which is iriteuded oWy for the use of the addressee(s) named above. If you arc not the intended recipient of this facsimile,
or the rinployee or anent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination
or copying of this facsimile may be strictly prohibited, if you have received this facsimile in error, please immediately notify
us by telephone and return the original facsimile to us at the above address via the postal service. Thank you.
MAY-17-2001 THU 09:49 AM EDUARDO OLIVO
FAX NO. 1
P. 02/03
CITY COUNCIL
1,,li.ONIS C. MALBURG
Mayor
TI IOMAS A. YBAWZA
Mayor Pro• -Tent
WM. "BILL" DAVIS
Councilman
II. "I.ARP%Y" (.:ON7.ALES
C-ouncill-min
W. MICRAEL MC.CORMICK
('otn u:il ltla n
BRUC'f? V. MAJ;K1iNI•IORST
City Administralor / City Clerk
FAX (32.9) 581-797A
CITY HALL
4305 SAN1'A FE AVENUE, VEmON, CALIFORN(A 90058
TELEPHONE (323) 583-Wll
May 17, 2001
Via Facsimile and U. S. Mail
EDU,ARDO OLIVO
City Attorney
W: (S62) 9274722
KVV1N WILSON
Director of Comnttulity Services & Water
VAX: 588-2%J
KENNZrH J. DeDAPIO
Director of Municipal Utilities
FAX: (323) 583--1983
STEVEN r. rAWKSIi
Fire Chief
FAX: (325) 581-1385
BRL1C Y-' W. OLSON
rolicc chief
I-'AX: (323) 583-5236
Bruce V. Malkenhorst � 1
City Administrator � �0
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Re! Chuck Montoya's Contract
Dear Bruce:
We had previously discussed the contract that was
executed between the city and Charles Montoya as a consultant
for the City. As you know, Mr. Montoya has been involved in
attempting to bring an electrical generation project into the
City. Because of tho scope of his work, Mx. Montoya has
expressed to you a concern about the indemnification provision
that we have included in the original agreement. The agreement
would require Mr. Montoya to indemnify the City in the event
that the City is sued for matters that arise in connection of
performiince of his contract.
I have explained to Mr. Montoya that he does not have
the ultimate responsibility for the project. instead, I have
explained that he will report to you, me and the Utilities
Department and that his role in the process will be to make
recommendations which may or may not be accepted by the City.
This has alleviated some of his concern. Nevertheless, you and
I have previously agreed that the indemnification provision in
his contract should be changed so that it will allow the City to
MAY-17-2001 THU 09:50 AM EDUARDO OLIVO FAX NO. 1 P. 03/03
Bruce V. Nalkenhorst
May .17, 2001
Page 2
indemnify Mr. Montoya should lawsuits arise in the course of his
making recommendations to the City.
l will proceed to prepare L•he amendment and will
forward it to Mr.. Montoya for his review and signature. We will
be able to proceed with the approval of the amendment at the
time of the next City Council meeting on May 23, 2001.
Please Call me if you should have any questions.
Sincerely,
Eduardo olivo
City ,attorney
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 Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 17, 2001
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
On February 21, 2001, Resolution No. 7710 approved and authorized the
execution of a Consulting Services Agreement with Mr. Charles Montoya
relating to the development of electrical generation projects for the
City. Due to the interpretation manifested on the indemnification
provision of the contract, an amendment to the contract must be done
to allow the City to indemnify Mr. Montoya should lawsuits arise in
the course of his making recommendations to staff.
An amendment to the original agreement has been prepared by the City
Attorney, and it is hereby recommended that the Contract by and
between the City of Vernon and Mr. Montoya be amended and executed.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng
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
Charles W. Montoya
6118 Andy Street
Lakewood, CA 90713
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
June 5, 2001
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
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Re: Amendment No. One to the Consulting Services Agreement
Dear Mr. Montoya:
Transmitted herewith is a fully executed Amendment No. One tothe
Consulting Services Agreement approved at the Vernon City Council
meeting held May 23, 2001.
If you have'any questions regarding this matter, please call Eddie
Olivo at 323/583-8811 ext. 310.
Very truly yours,
4.
to is J. 0 sco
Chief Deput City Clerk
GJO:ng
cc: Resolution File No. 7765
Agreement File No. 01-006