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Resolution No. 7979I 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 RESOLUTION NO. 7979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. ONE TO CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND LINDBORG & ASSOCIATES, INC. WHEREAS, on July 18, 2001, the City Council of the City of Vernon adopted Resolution No. 7777 approving and authorizing the execution of a Consulting. Services Agreement (the "Agreement") with Lindborg & Associates, Inc. ("Lindborg"), for personnel recruiting services for its information system division and other information system and technology services; and WHEREAS, in accordance with Section 14.G of the Agreement, the City of Vernon and Lindborg desire to extend the Agreement through and including June 30, 2003; and WHEREAS, modifications to the scope of services to be provided to eliminate personnel recruiting services are made throughout the original agreement; and WHEREAS, modifications are also made to the compensation to be paid; and WHEREAS, on May 28, 2002, the Finance Committee recommended that the City Council approve the recommendation of Bruce V. Malkenhorst, Director of Finance, dated May 22, 2002 that an amendment to the Agreement be approved and executed. 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 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 and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment No. One to Consulting Services Agreement with Lindborg, 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 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: Lindborg & Associates, Inc. Attn. Anders Lindborg 25217 Via Valentina Santa Clarita, CA 91355 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 5tn day of June, 2002. ATTEST: y BRUCE V. MALKENHORST, City Clerk EONIS C. MALB G, Mayor — 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. 7979, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, June 5, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) v BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT 0 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 AMENDMENT NO. ONE TO CONSULTING SERVICES AGREEMENT THIS AMENDMENT NO. ONE TO THE CONSULTING SERVICES 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 day of June, 2002. BY AND BETWEEN THE CITY OF VERNON, a municipal corporation (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, California 90058 AND LINDBORG & ASSOCIATES, Inc. (hereinafter referred to as the "Consultant") 25217 Via Valentina Santa Clarita, California 91355 RECITALS WHEREAS, the City and Consultant are parties to a Consulting Services Agreement that was entered on or about July 18, 2001 (hereinafter referred to as the "Agreement") under which Consultant was to provide the City with personnel recruiting services for its information system division and other information system and technology services; and WHEREAS, the Consultant's services under the Agreement are to end on June 30, 2002, unless the Agreement is extended; and WHEREAS, the City and Consultant desire to extend Consultant's July 18, 2001 Agreement through and including June 30, 2003; and WHEREAS, the City does not believe that it has a continuing need for personnel recruiting services, but will need further 1 assistance on other information system and technology services issues; 2 and 3 WHEREAS, Consultant is willing to provide assistance to the 4 City on various information system and technology issues; and 5 WHEREAS, Section 2 and Section 9 of the Agreement allow for 6 changes and additions to the scope of services to be performed by 7 Consultant and adjustments in compensation; and 8 WHEREAS, Section 14.G of the Agreement provides for 9 amendments and modifications to the Agreement. 10 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS, 11 THE PARTIES HERETO AGREE AS FOLLOWS: 12 SECTION 1: Section 1 of the Agreement entitled 13 "DEFINITIONS" is hereby deleted. 14 SECTION 2: Section 2 of the Agreement entitled "SCOPE OF 15 SERVICES" is renumbered as Section 1 and Subsection "A" is hereby 16 amended by deleting the text under Subsection "A" and replacing it as 17 set forth below: 18 A. The tasks to be performed by Consultant on 19 information system and technology servic shall 20 be mutually agreed upon and accepted by both 21 parties prior to initiation. 22 SECTION 3: Sections 3 and 4 of the Agreement are renumbered 23 as Sections 2 and 3. 24 SECTION 4: Section 5 of the Agreement entitled "TIME OF 25 PERFORMANCE" is renumbered as Section 4 and is hereby amended by 26 replacing the text so that it now reads as follows: 27 Consultant's services shall commence on July 1, 2002 28 and shall continue until June 30, 2003, unless the - 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 Agreement is terminated or extended. Consultant agrees that all services provided will be conducted by the principal and competent staff members, if any, under the supervision of the principal, and that services will be performed and rendered diligently. Consultant shall only perform additional services during this time period when requested by the City Administrator. SECTION 5: Section 6 of the Agreement entitled "COMPENSATION" is renumbered as Section 5 and Subsection "A" entitled "Consulting Costs" and "Additional Services" is hereby amended by deleting the text under Subsection "A" and replacing it as set forth below: A. City will pay Consultant for additional services at the request and direction by the City Administrator, in writing, at the rate of Seventy Dollars ($70.00) per hour, with the understanding that Consultant will only be able to work a maximum of one hundred (100) hours per month. SECTION 6: Section 7 of the Agreement entitled "REFUND OF FEES" is deleted. SECTION 7: Section 8 of the Agreement is renumbered as Section 6. SECTION 8: Section 9 of the Agreement entitled "CHANGES AND EXTRA SERVICE" is renumbered as Section 7 and the reference therein to "personnel recruitment services" are modified by replacing this phrase with the phase "information system and technology services." - 3 - FROM :LINDBORG.INC FAX NO. :66.=34316 Jun. 04 2002 01:02PM� P1 'W 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 9: Sections 10, 11, 12 and 13 of the Agreement are renumbered as Sections 8, 9, 10 and 11. SECTION 10. Section 14 of the Agreement entitled "GENERAL PROVISIONS" is renumbered as Section 12 and the reference to Exhibit B in Subsection "D" entitled "INSURANCE" is replaced with reference to Exhibit A. SECTION 11: Exhibit A is deleted. SECTION 12: Exhibit B is re -identified as Exhibit A. SECTION 13: In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety. IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the date first hereinabove set forth. CITY OF VERNON IATTEST: BRUCE V. MALKENHORST, City Clerk J APPROVED AS TO ' FORM : EDUARDO OLIVO, City Attorney By: LEONIS C. MALBURG, Mayor LINDBO f,G I& ASgPe-TATES , INC. By: Lindborg Tit By: hyllis Lindborg Title: Finance Officer - 4 06/04/02 TUE 14:00 [TX/RX NO 86511 Q 001 � • 4 � 1. w y 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 Finance Committee City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 22, 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 It is necessary at this time that Amendment No. One to the existing agreement with Lindborg & Associates, Inc., that expires June 30, 2002, be approved to provide changes to the existing agreement and extend such for the period of July 1, 2002 through June 30, 2003. This has been reviewed by the Assistant to the City Administrator and it is hereby recommended that Amendment No. One to the Lindborg & Associates, Inc. Agreement be approved and executed. Very truly yours, /� I - Bruce V. Malkenhorst Director of Finance 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 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 17, 2002 Linborg & Associates, Inc. Attn: Anders Lindborg 25217 Via Valentina Santa Clarita, CA 91355 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 Re: Amendment No. One to Consulting Services Agreement Dear Mr. Lindborg: 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 amendment approved by the Vernon City Council on June 5, 2002. If you have any questions regarding this matter, please call Mr. Greg Tsujiuchi at (323) 583-8811 ext. 263. truly yours, Nelly iro Assistant to the Chief Deputy City Clerk NG/gm CC: Greg Tsujiuchi Resolution No. 7979 Agreement No. 02-032 CITY ADMINISTRATOR/CITY CLERK'S OFFICE MEMORANDUM 'n) DATE: May 16, 2002 TO: Bruce V. Malkenhorst, City Administrator FROM: Greg S . Tsuj iuchi, Assistant to the City Administrator RE: IT Consultant - Anders Lindborg With your approval, I had continued negotiations with Mr. Lindborg for additional IT services from July 1, 2002 thru June 30, 2003. Mr. Lindborg has provided excellent services to this point and has offered to be available for certain IT related services at the city's request, dependent upon his availability. Mr. Lindborg will be acting upon additional offers that he has received for IT services and would therefore require a flexible type agreement. As I had previously noted to you that the IT Division would not be in need of a full-time consultant for this coming fiscal year, this type of arrangement benefits both parties. A comparison from current to proposed is as follows: Term Current Proposed Hourly Compensation $55 - $75 dependent upon $70 for all assigned tasks type of work requested (Averaged $70 during the past year of services) Availability 40 Hours Weekly Maximum of 100 Hours 160 Hours Monthly Monthly (NO Minimum, 0-100 Hours) Tasks Completed as requested so Tasks to be mutually long as within the agreed agreed upon and accepted upon scope of work. by both parties prior to initiation. Retainer Fee NONE NONE Time Period 1 year (July 1, 2001 - 1 year (July 1, 2002 - June 30, 2002) June 30, 2003) Personnel Recruiting Conditions described No Recruiting services Services within the Agreement 0 ...... ...... OVA CITY ADMINISTRATOR/ CITY CLERK S OFFICE MEMORANDUM DATE: May 13, 2002 TO: Bruce V. Malkenhorst, City Administrator FROM: Greg S. TSujiuchi, Assistant to the city Administrator RE: Invoice IT Consulting Services Attached herewith is an invoice from Anders Lindborg for 1 11 months work from March 25 - May 5, 2002. 1 concur with the charges stated and am recommending that the invoice be approved for payment. Also, on June 30, 2002 the agreement with Mr. Lindborg will end with the option to extend. I have informed Mr. Lindborg that the City will not be extending the agreement for further services in accordance with the agreement, however a new agreement could be investigated. I have been very satisfied with his technical knowledge and assistance to the long term planning issues, and therefore as a discussion topic, had proposed a $2,500 monthly retainer ($30,000 annually) which would include 35 monthly hours of consulting assistance with IT related matters. Specifics had not been discussed (ie. hours to be carried over, hourly rate over initial 35, response time to inquiries, etc...) The IT Division is not in need of a full time consultant for this coming fiscal year, however the availability of an on -call consultant to seek suggestions and opinions would be needed. I am requesting authorization to further negotiate terms with Mr. Lindborg for a future agreement for services, or should negotiations fail, to informally seek other IT consultants/firms for similar services and conditions as mentioned above. If you have any questions or require additional information, please advise.