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Resolution No. 79151 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. 7915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND ERIC T. FRESCH WHEREAS, on July 26, 2000, the City Council of the City of Vernon adopted Resolution No. 7576 approving an Agreement for Legal, Financial and Administrative Consulting Services (the "Agreement") with Eric T. Fresch ("Fresch"); and WHEREAS, by letter dated January 23, 2002, Bruce V. Malkenhorst, the City Administrator/City Clerk, recommended that the consulting services agreement with Fresch be amended; and WHEREAS, the City of Vernon and Fresch desire to amend the Agreement pursuant to Section 20 of the Agreement. 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 and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment to Agreement for Legal, Financial and Administrative Consulting Services with Fresch, 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 the Amendment 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 Amendment to: 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 Eric T. Fresch 1735 Vistazo West Tiburon, CA 94920 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 27th day of February, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk ONIS C. MALBUR6, Mayof - 2 - 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 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. 7915, 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, February 27, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (S EAL ) BRUCE V. MALKENHORST, City Clerk - 3 - SUPPORTING DOCUMENTS EXHIBIT A AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES THIS AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES (the "Amendment") is entered into this 1st day of March, 2002, by and between the CITY OF VERNON, CALIFORNIA, a municipal corporation, hereinafter referred to as "City," and ERIC T. FRESCH, an individual, hereinafter referred to as "Consultant." This Amendment changes the following sections to that certain AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES (the "Agreement") as follows: 3. Contract Year. Contract Year shall mean the period commencing on March 1, 2002 and expiring at midnight on the immediately following February 28th or February 29th, as the case may be, and thereafter each subsequent 12-month period beginning on March 1st and ending on February 28th or February 29th, as the case may be. 4. Term of the Agreement. The term of this Agreement shall be for the period of seven (7) years commencing on the lst day of March 2002. Every three (3) years, on the anniversary of the date this Agreement was entered into, this Agreement shall automatically renew for an additional term of three (3) years, unless either party to this Agreement notifies the other in writing to the contrary at least thirty (30) days prior to the anniversary date. -1- 1 ♦ S 5. Amount and Scope of Services. Consultant hereby agrees to provide Two Thousand Four Hundred (2,400) hours of time each Contract Year to the City for legal, financial and administrative consulting services as requested and directed by the City Administrator or his authorized designee. Consultant shall be available for additional hours of consulting services ("Additional Hours") to the City each Contract Year at the request of the City Administrator or his authorized designee. 6. Time and Amount of Payment for Consulting Services. The City shall pay the Consultant monthly for consulting services rendered to the City. The City shall pay Consultant Twenty Seven Thousand Five Hundred Dollars ($27,500.00) per month, on the last business day of each month, during the term of this Agreement, beginning March 31, 2002. For Additional Hours which the Consultant may work each Contract Year, the City shall pay the Consultant One Hundred Dollars ($100.00) per hour. For example, the Consultant shall receive One Hundred Dollars ($100.00) per hour for each and every hour of services the Consultant may provide the City in addition to the Two Thousand Four Hundred (2,400) hours the Consultant will provide the City for each Contract Year under this Agreement. 7. Expense Reimbursement. The City shall reimburse the Consultant for expenses incurred by Consultant for travel costs to and from the City and all other expenses pre -approved by the City Administrator or his authorized designee and incurred by Consultant for services undertaken for the City in the performance of this Agreement. Such expenses shall include, but shall not be limited to, lengthy document typing, obtaining documents from research libraries or official agencies or the cost of IN travel and other expenses incurred on business trips to meetings or official appearances on behalf of the City or other projects that the Consultant is requested to undertake as directed by the City Administrator or his authorized designee. IN WITNESS WHEREOF, the parties hereto have executed this Amendment, in duplicate, effective the day and year first above written. ATTEST: By: Bruce V. Malkenhorst City Clerk Approved as to Form , 2002 By: Eduardo Olivo City Attorney EMagmt-lef -3- CITY OF VERNON a Municipal Corporation By: Leonis C. Malburg Mayor Law Offices of Eric T. Fresch B y: Eric T. Fresch 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 Eric T. Fresch 1735 Vistazo West Tiburon, CA 94920 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 March 19, 2002 Re: Amendment to Consulting Services Agreement Dear Mr. Fresch: 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 Transmitted herewith is a duplicate original copy of the above referenced approved by the Vernon City Council on February 27, 2002. Eric, if you have any questions regarding this matter, please call Bruce V. Malkenhorst at ext. 266. Very truly yours, 41 lly Gir Assistant Chief Deputy City Clerk NG/mt CC: Agreement File ##00,-054 Resolution"w":6-- 7.n `CITY COUNCIL LEONIS C. M1tf3URG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 January 23, 2002 EDUARDO OLIVO City Attorney FAX: (562) 927-8722 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 Submitted herewith is an amendment to the Agreement for Consulting Services of Eric T. Fresch. It is hereby recommended that the Amendment be approved. 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 January 11, 2002 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Mr. Bruce V. Malkenhorst City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Eric Fresch Consultant Agreement Dear Bruce: 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 I request you consider amending my contract for services, to pay me less for more fixed hours in exchange for a higher monthly payment and a longer 7 year contract term. Currently the City pays me $20,000 per month for 1,680 hours of work per year. The City pays me $100 per hour after that. During the last two fiscal years my hours worked were substantially higher. In the last fiscal year my additional compensation and extraordinary expense items was nearly $180,000. This doesn't include very much of the Malburg Generating Station, which, going forward, with the financing and permitting, will require a substantial amount of time. I propose working an additional approximate 800 hours per year for a total of 2,400 hours, for a higher monthly payment -- $27,500. I will take the responsibility for all extraordinary expense items; the City will reimburse me, as it does now, for transportation costs. I have attached a proposed amendment to be added to my existing contract. I look forward to discussing this matter with you at your earliest convenience. Sincerely, Eric Fresch EF:wg AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES THIS AMENDMENT TO AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES (the "Amendment") is entered into this 1st day of March, 2002, by and between the CITY OF VERNON, CALIFORNIA, a municipal corporation, hereinafter referred to as "City," and ERIC T. FRESCH, an individual, hereinafter referred to as "Consultant." This Amendment changes the following sections to that certain AGREEMENT FOR LEGAL, FINANCIAL AND ADMINISTRATIVE CONSULTING SERVICES (the "Agreement") as follows: 3. Contract Year. Contract Year shall mean the period commencing on March 1, 2002 and expiring at midnight on the immediately following February 28th or February 29th, as the case may be, and thereafter each subsequent 12-month period beginning on March 1st and ending on February 28th or February 29th, as the case may be. 4. Term of the Agreement. The term of this Agreement shall be for the period of seven (7) years commencing on the 1st day of March 2002. Every three (3) years, on the anniversary of the date this Agreement was entered into, this Agreement shall automatically renew for,an additional term of three (3) years, unless either party to this Agreement notifies the other in writing to the contrary at least thirty (30) days prior to the anniversary date. so 5. Amount and Scope of Services. Consultant hereby agrees to provide Two Thousand Four Hundred (2,400) hours of time each Contract Year to the City for legal, financial and administrative consulting services as requested and directed by the City Administrator or his authorized designee. Consultant shall be available for additional hours of consulting services ("Additional Hours") to the City each Contract Year at the request of the City Administrator or his authorized designee. 6. Time and Amount of Payment for Consulting Services. The City shall pay the Consultant monthly for consulting services rendered to the City. The City shall pay Consultant Twenty Seven Thousand Five Hundred Dollars ($27,500.00) per month, on the last business day of each month, during the term of this Agreement, beginning March 31, 2002. For Additional Hours which the Consultant may work each Contract Year, the City shall pay the Consultant One Hundred Dollars ($100.00) per hour. For example, the Consultant shall receive One Hundred Dollars ($100.00) per hour for each and every hour of services the Consultant may provide the City in addition to the Two Thousand Four Hundred (2,400) hours the Consultant will provide the City for each Contract Year under this Agreement. 7. Expense Reimbursement. The City shall reimburse the Consultant for expenses incurred by Consultant for travel costs to and from the City and all other expenses pre -approved by the City Administrator or his authorized designee and incurred by Consultant for services undertaken for the City in the performance of this Agreement. Such expenses shall include, but shall not be limited to, lengthy document typing, obtaining documents from research libraries or official agencies or the cost of -2- travel and other expenses incurred on business trips to meetings or official appearances on behalf of the City or other projects that the Consultant is requested to undertake as directed by the City Administrator or his authorized designee. IN WITNESS WHEREOF, the parties hereto have executed this Amendment, in duplicate, effective the day and year first above written. ATTEST: By: Bruce V. Malkenhorst City Clerk Approved as to Form 2002 By: a.,., t Eduardo Olivo City Attorney EF6:agmt-2.ef CITY OF VERNON a Municipal Corporation Looms C. Malbur Mayor Law Offices of Eric T. Fresch By: Eric T. Fresch -3- 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 Eric T. Fresch 1735 Vistazo West Tiburon, CA 94920 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 March 19, 2002 Re: Amendment to Consulting Services Agreement Dear Mr. Fresch: 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 Transmitted herewith is a duplicate original copy of the above referenced approved by the Vernon City Council on February 27, 2002. Eric, if you have any questions regarding this matter, please call Bruce V. Malkenhorst at ext. 266. Very truly yours, lly Gir Assistant Chief Deputy City Clerk NG/mt CC: .agreement. File 400-054 Resolution No. 7915 MArtha Valenzuela