Resolution No. 79601
2
3
4
5
0
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR CONTRACTUAL SERVICES BY AND
BETWEEN THE CITY OF VERNON AND BRIAN J. ADEL
WHEREAS, the City of Vernon desires to retain the services of
a consultant to provide assistance and consultation in conjunction with
Contract No. 547 and related matters in the Vernon Community Services &
lWater Department; and
WHEREAS, Brian J. Adel is well qualified by reason of
education and experience to perform such services and is willing to
render such professional services to the City of Vernon in accordance
with the terms and conditions of a contractual services 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 Agreement for Contractual 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 the Agreement 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 a copy of this
resolution and one fully executed Agreement 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
BRIAN J. ADEL
30 CAPOBELLA
IRVINE, CA 92614
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 8th day of May, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL RG, M or
- 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.
7960, 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 8, 2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
&I
AGREEMENT FOR CONTRACTUAL SERVICES
THIS AGREEMENT 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 8th day of May
2002, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "Vernon")
4305 Santa -Fe Avenue
Vernon, CA 90058-0805
AND BRIAN J. ADEL, an individual
(hereinafter referred to as
"Consultant")
30 Capobella
Irvine, CA 92614
RECITALS:
WHEREAS, Vernon desires to retain Consultant to provide
assistance and consultation in conjunction with Contract No. 547 and
related matters in the Vernon Community Services & Water Department;
and
WHEREAS, Consultant is well qualified by reason of
education and experience to perform such services; and
WHEREAS, Consultant is willing to render such professional
services as hereinafter defined.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: SCOPE OF SERVICES.
The services to be provided will be directed and authorized
in writing by the City Administrator of Vernon. Consultant agrees to
provide consulting services on an hourly basis as set forth below.
SECTION 2• TERM.
The term of this Agreement shall be effective retroactively
as of April 30, 2002 and shall terminate April 30, 2003, provided that
Consultant has not exceeded a total of 960 hours of consulting services
for the calendar year 2002 during said time.
SECTION 3: COMPENSATION.
Vernon shall pay Consultant as consideration for the services
provided pursuant to this Agreement the hourly rate of ninety-five
Dollars ($95.00), payable every two weeks, after submission of a
written invoice by Consultant to the City Administrator and approval of
said invoice by the City Administrator.
SECTION 4: METHOD OF PAYMENT.
Vernon agrees to pay the Consultant based on the submittal of
an invoice to Vernon describing the services provided and the hours
expended in providing such services.
SECTION 5: CANCELLATION.
Vernon reserves the right to cancel and terminate this
agreement upon thirty (30) days written notice. Vernon agrees to
compensate Consultant for actual costs incurred prior to the
cancellation of the agreement. In the event of termination, Consultant
shall forthwith turn over to Vernon all work product, documents,
records and writings prepared in connection with work performed
pursuant to or in connection with this Agreement.
SECTION 6: OWNERSHIP.
All writings, documents and records prepared, received, or
maintained by Consultant in connection with or as a result of services
performed for Vernon shall be and remain the property of Vernon.
-2-
Y
SECTION 7: CAPACITY AS INDEPENDENT CONTRACTOR.
The provision of services by Consultant under this Agreement
shall be in the capacity of an independent contractor and not as an
employee of Vernon. For that reason, Consultant will not receive any
payment for holidays or vacations. In consideration for the
compensation paid to Consultant by Vernon pursuant to Section 4 of this
Agreement, Consultant agrees that Vernon, its officers, employees,
agents, representatives and sureties shall not be liable or responsible
for any benefits, including, but not limited to, worker's compensation,
disability, retirement, life insurance, unemployment insurance, any
insurance benefits, or any other benefits other than those set forth in
Section 3 above. Consultant agrees that he shall not sue or file a
claim, petition, or application therefore against Vernon or any of
Vernon's officers, employees, agents, representatives, or sureties.
SECTION 8: AMENDMENT.
The terms and conditions of this agreement can only be
amended by a written agreement between the parties hereto.
SECTION 9: SCOPE OF WORK.
The City Administrator, or his designee, shall supervise the
provision of consulting services by Consultant. The City Administrator
will also ensure that Consultant does not exceed 960 hours in any
calendar year.
SECTION 10: INDEMNIFICATION.
Vernon shall indemnify Consultant for any liability that
may result from acts that are undertaken by Consultant on behalf of
Vernon pursuant to this Agreement.
Wa
4 fi R
4
SECTION 11: VALIDITY.
In the performance of this Agreement, Consultant shall abide
by and conform to any and all applicable laws of the United States, the
State of California, and ordinances, regulations, and policies of
Vernon. Further, Consultant agrees to notify the City Administrator
regarding the number of hours spent providing consulting services to
any other city or local public agency during the term of this Agreement
within one week after beginning to provide such services.
SECTION 12: LIMITATION OF HOURS.
Vernon and Consultant both acknowledge that this Agreement is
subject to the provisions of Government Code Section 21224, which
states in its entirety as follows:
"A retired person may serve without reinstatement
from retirement or loss or interruption of benefits
provided by this system upon appointment by the
appointing power of a state agency or any other
employer either during an emergency to prevent
stoppage of public business or because the retired
employee has skills needed in performing work of
limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any
calendar year, and the rate of pay for the
employment shall not be less than the minimum, nor
exceed that paid by the employer to other employees
performing comparable duties."
SECTION 13: NOTICES.
Notices and communications concerning this Agreement shall be
sent to the following addresses:
Mn
1 A F
Vernon: THE CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: BRIAN J. ADEL
30 Capobella
Irvine, Ca 92614
SECTION 14: ASSIGNMENT.
Neither Vernon nor Consultant shall assign or transfer its
interest in this Agreement.
SECTION 15: EXTRA SERVICES.
No extra services beyond the scope of this Agreement shall be
rendered by Consultant unless such extra services shall be authorized
in writing by the City Administrator of Vernon or his designee.
SECTION 16: GOVERNTNCC T.AW
The laws of the State of California shall govern the
rights, obligations, duties and liability of the parties to this
Agreement and shall also govern the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day, month and year first above
written.
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
LEONIS C. MALBURG, Mayor
-5-
SUPPORTING
DOCUMENTS
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
Mr. Brian J. Adel
30 Capobella
Irvine, CA 92614
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 15, 2002
Re: Agreement for Contractual Services
Dear Mr. Adel:
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 agreement approved by the Vernon City Council on May 8,
2002.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at (323) 583-8811 ext. 245.
Very truly yours,
elly Gi in
Assistant Chief Deputy City Clerk
NG/gm
CC: Kevin Wilson
Resolution No. 7960
Agreement No. 02-025
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
Finance Committee
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 30, 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
z
ot�
Due to the present litigation with Valley Engineers, the Community
Services and Water Department is requesting to retain the consulting
services of Mr. Brian Adel pursuant to Contract No. 547, Phase IV of
the Gas System.
This has been reviewed by the City Attorney and it is hereby
recommended that a Consulting Services Agreement be entered into with
Mr. Brian Adel at an hourly rate of ninety-five dollars ($95.00),
payable every two weeks.
Very truly yours,
xx/
Bruce V. Malkenhorst
Director of Finance
BVM/gm
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, rector of Community Services & Water
DATE: April 29, 2002
SUBJECT: SERVICES AGREEMENT - BRIAN ADEL
The City of Vernon continues to be in litigation with Valley Engineers regarding the
Phase IV Gas System contract. Brian Adel will retire on April 30, 2002. Mr. Adel was the
Project Manager on the contract. His testimony and participation will be vital to the success of
the case. It is recommended that Mr. Adel be retained to provide assistance and consultation in
conjunction with Contract No. 547 and related matters in the Vernon Community Services and
Water Department.
If you concur, I recommend the attached agreement for contractual services should be
approved at the next City Council meeting.
SKW/ca
Enclosures
c: City Attorney