Resolution No. 79211
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RESOLUTION NO. 7921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING AN AMENDMENT NO.
TWO TO THE CONSULTING SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND CHARLES W. MONTOYA
WHEREAS, on February 21, 2001, the City Council of the City
of Vernon adopted Resolution No. 7710 approving and authorizing the
execution of a Consulting Services Agreement ("Agreement") with Charles
W. Montoya ("Montoya") for the development of generation projects in
the City of Vernon; and
WHEREAS, on May 23, 2001, the City Council of the City of
Vernon adopted Resolution No. 7765 approving and authorizing the
execution of an Amendment No. One to the Agreement; and
WHEREAS, by letter dated February 28, 2002, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that the
Agreement with Montoya be extended effective February 22, 2002; and
WHEREAS, Montoya and the City of Vernon desire to amend the
Agreement to change the term provision contained in Section III 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 Amendment No. Two to the Consulting Services Agreement with
Charles W. Montoya, a copy of which is attached hereto as Exhibit "A"
and made a part hereof.
1 SECTION 3: The City Council of the City of Vernon hereby
2 authorizes the Mayor and the City Clerk to execute said Amendment for,
3 and on behalf of, the City of Vernon.
4 SECTION 4: The City Council of the City of Vernon hereby
5 directs the City Clerk, or his designee, to send one fully executed
6 Amendment to:
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Charles W. Montoya
8 6118 Andy Street
Lakewood, CA 90713
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SECTION 5: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 6th day of March, 2002.
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15 LEONIS C. MAL URG, ayor
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ATTEST:
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19 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.
7921, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, March 6,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City lerk
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EXHIBIT
0
. f • 9
1 AMENDMENT NO. TWO TO THE
CONSULTING SERVICES AGREEMENT
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THIS AMENDMENT NO. TWO TO THE CONSULTING SERVICES AGREEMENT
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(the "Amendment") is made, entered into and executed in duplicate
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originals, either copy of which may be considered and used as the
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original hereof for all purposes, as of this day of March, 2002.
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8 BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
9 to as the "City")
4305 Santa Fe Avenue
10 Vernon, California 90058
11 AND
CHARLES W. MONTOYA, (hereinafter
12 referred to as the "Consultant")
6118 Andy Street
13 Lakewood, California 90713
14 RECITALS
15 WHEREAS, the City and Consultant are parties to a Consulting
16 Services Agreement dated on or about February 21, 2001 (hereinafter
17 referred to as the "Agreement") with respect to the development of
18 generation projects in the City; and
19 WHEREAS, the City and Consultant are parties to an Amendment
20 No. One to the Agreement dated on or about May 23, 2001; and
21 WHEREAS, the City and Consultant desire to amend Section III
22 of the Agreement to modify the term of the Agreement.
23 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
24 THE PARTIES HERETO AGREE AS FOLLOWS:
25 SECTION 1: Section III of the Agreement entitled "TIME OF
26 PERFORMANCE," is hereby amended to read as follows:
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I Consultant's services herewith shall commence upon
2 signing of the Agreement and shall continue until
3 the services to be provided in Section I, "SCOPE OF
4 SERVICES," is completed, unless terminated by
5 either the City or Consultant upon thirty (30) days
6 written notice to the other.
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.
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12 CITY OF VERNON
13 By:
LEONIS C. MALBURG, Mayor
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15 ATTEST:
16 BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
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19 EDUARDO OLIVO, City Attorney
20 CONSULTANT
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By: &ZA& W.
22 CHARLES W. MONTOYA
23 Title: Sole Proprietor
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
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
February 28, 2002
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
The Consulting Services Agreement with Charles W. Montoya expired on
February 21, 2002. At this time it is hereby recommended that the
agreement for services related to the development of electrical
projects for the City be extended effective February 21, 2002.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
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
Charles W. Montoya
6118 Andy Street
Lakewood, CA 90713
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 19, 2002
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
Re: Amendment No. Two to Consulting Services Agreement
Dear Mr. Montoya:
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 an Amendment to
the above referenced agreement approved by the Vernon City Council on
March 6, 2002.
Chuck, if you have any questions regarding this matter, please call
Bruce V. Malkenhorst at ext. 266.
Very truly you s,
Ne Gi on
Assistant Chief Deputy City Clerk
NG/mt
CC: Agreement File #01-006
Resolution No.`7921