Resolution No. 8019a
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RESOLUTION NO. 8019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
FAIRBANK, MASLIN, MAULLIN &ASSOCIATES FOR
CONSULTING SERVICES
WHEREAS, the Utilities Department is proceeding with its
application before the California Energy Commission for the Power Plant
Project; and
WHEREAS, as part of the application process for the Power
Plant Project, the City is required to collect substantial data on
people employed by businesses in Vernon; and
WHEREAS, the City of Vernon needs the services of a
consultant to assist the City in collecting such data; and
WHEREAS, the City's staff has determined that Fairbank,
Maslin, Maullin & Associates possesses the knowledge necessary to
assist the City in connection with the collection of data on people
employed by businesses in Vernon; and
WHEREAS, by letter dated June 27, 2002, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that
Fairbank, Maslin, Maullin & Associates be retained to collect the
information necessary for the application in a timely manner; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into a contract with Fairbank, Maslin, Maullin &
Associates for the collection of business data to enhance services
provided to the Vernon community.
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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 with Fairbank, Maslin, Maullin & Associates, 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 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 one fully executed
Agreement to:
Fairbank, Maslin, Maullin & Associates
Attn. Susan Yu, Accounts Manager
2425 Colorado Avenue, Suite 180
Santa Monica, CA 90404
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 3rd day of July, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAISBURG, M yor
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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.
8019, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, July 3,
2002, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
- 3 -
EXHIBIT
FAW
JUL-03-2002 WED 10:33 AM OLIVO & PLASCENCIA
• iL.' 9;41AM FMM&A
F6X NO. 562 869 1883
M0.151
P. 02
P-2/4
Fairrb n!'1,,
asllin,
11!Maullin
Associates
c 041on Ros.ea►`ch &
Public Policy Analyser
LETTER OF AGREEMENT
CITY OF VERNON
PROJECT 620-253
1. It is agreed that Faitban Maslin, Maullin & Associates, Lw- MW&A) will
provide re rch services ('Services') on behalf of City of Vernon (Co'V) for a
total cast of $12,500.
'these Services iacludc: collecting home residex►ce gip cock information on all
persolu employed within the City of Vernon, collecting the dos of contac t
POITwns for businesses in, the City of Vernon ad preps a report with the zip
code and contact information.
3. both patties will rah a muttW agreement on the cOAtW of the project's
communicatiom. COV agrees that, whop its Approval is called ;for hereunder, it
will Promptly nrr►iew and approve all such matters in good faith and in
aonsultation with p'MM&A and that its approval will not be wromonably
wi d4w1d. or delayed,
4. As compe=Mon for Services uule+t this Agreement, COV Wees to pay n1M&A
$6'2SO upon $ Patur6 Of this ,A,gm=� and the rem,E in balance of $69250
will be dtte and payable upon ntation of the mavey's imdi�tgs, COV shell
Fay �&As urvaio08 fos Services rendered within ten (10} dales,after each
��voacc's date. 10 the event that any invoice remains im►paid on the thutieth (30)
day the date on the invafee,
on thee unpaid balance, interest of 1.5 percent per mouth shall be payablo
- When FM1tM&A's SWAM cowhide, all unpaid, charges $hall become Immediately
due and payable,
2425 9 0 ¢ 0 IWO"lamAve., Sty. 1999 ffOrimm Street. Ste. 1290
crr�ca h9ot�ea, CA S4
Phone., pakJdnd, CA Q ¢ dPhone.,(3!U! � g_1PhOXe: (510) 451.9Sa1
F'$x: (31t}) atS3-b56.562 �
Faac• (510) 4S1-02ad
FAX NO. 562 869 1883 P. 03
JUL-03-2Q02 WED 10:33 AM OLIVO & PLASCENCIA
,rug. 3. 2 9- 41AM FMN&A
L)ETTXR OF AG.1ZEMZNT,
cffy OF Vj"ON
PROJECT 62N253
NO.1st P.3/4'
PAGE 2 of 3
6. "Travel and otber direct expenses, including, but not litaitad to, messenger and,
oth$r delivery ftoa, elvill be identified separately on PUMA's invoice and are
}payable upon presenta ion of the invoice on which they = included. COV
aulhod:= FMM&A to incur all reasonable coats.
7. 71iis Letter of AFtment will take effect when COV retLu me a signed copy of thus
Agreement, but its effective date Will be retroactive to the date that FMM&A first
provided Sftvic*s, The date at the beginning of this Agreement is for refarence
0111 r, Even if this letter of Agreement does not take efflbct COV will be
obligated to pay Fmm&A the reasonable v9111e of any Services PMM&A, may
have perfumed for COV,
8, 71"' Ymvailing per, In any action or proceeding to interpret or to enforce
,provision of this Agreement will be awarded reasonable attorney's fees and costs
incurred In that action or proceeding or in any offirts to negotiate the matter.
9. This AgteMont shall be binding upon and inure to the benefit of the successors
and assigns of ez6 ofthe par ies hareto.
10, This Agreement is dw med to have been entered into in the County of Leo
Angeles, State of California, and shall be governed by the laws of the State of
Cali htnia, Any action or proceeding with respect to this Agreement or any matter
arising thereftorn shall be maintained excWvely in the Superior Court in the
C'oliny of Los Angeles, California, as the juri4ction, and vanue of which each
PBAY hmby specifically consents,
11, This Agremnent contains the entire agreement and understwidtig concerning, the
subject utter hereof between the parties. and supersedes and repLaees all prior
r090tiatiaas, Proposed agmements, written or oral,
12, This Letter of Agreement may be signed in one or more coup of
which sha1.1 be deerned an original and shall be effective when t otherpcarties
have executed a coUn'terpart,
13, The individuals executing this Agceetrlent on behalf of each of the parties hereby
represent and warrant that each is duly audiorixed to do so.
Fairbank,
Arfaslia,
mauflin dl
A.t.soclate.y
JUL-03-2Q02 WED 10:33 AM OLIVO & PLASCENCIA
.J(,#-. a,.P 9ad2IAM FICA
LETTER OF AGREEMENT;
CM OF VE C)lq
F''ROUCT 624-753
FAX NO 562 869 1883 P. 04
NO.15I P. 4/4 .
PAGE 3 of 3
14• 1't is tmdevrstood and aggrreed t1mt COV is and shall be solely responsible f*r the ug*
of the research provided by FMM&A urtdex this Agreement, c and its omplianae
With any statute, rule, regulation, or order promulgated by any govmnmeatal or
regulatory agoncy with respect timto. in the event that any state and/or federal
regulatory agancy, or any other person and/or entity, shall malts claim against
FXM&A or of its agents, employees, or affiliates (including, without limitation,
the cammenoemeni of any suit, action and/or a&niuist ndivc proceeding), which
+Maim is, M any manner, ralat Od to this Agreca =t, to the Services of FW&A, or
the Content and/or use Of any research provided by F W&A, COV shall
indemnify and hold FMM&A harmless ther&om, including, but not limited to,
costs and atttsrxtey's fees incurred by FMM&A in defense of such matter:
IS. At all timos during the term Of this Agreement, FMM&A shall be an independent
contractor and sha11 riot be an employee of COV, COV shall have the right to
cautrol FMM&A only insofar as the results of FMM&A-0 services reandend
Pursuant to this Agreetn tt,, laOWOver, COV shall not have the right to control the
means by wbiah F'.MM&A womplishes services rendmd pumuant to this
Agreement except to the extent that such sorvices involve the use of COV
Property.
Leants MNburg, IVIctyor
City of Vernon
Attest;
Brune Ma tehorst, G'it)y Cler
Approved as to Form:
Auunrdo Oliva, Uty Arney
Atj, lVlashu, MaullYn a Asso ates
Date
-7- a -dam
FW
II-
Fairbonk,
lldaslin.
Maullin ,&
Associares
SUPPORTING
DOCUMENTS
• 0
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 Council
City of Vernon
Honorable Members:
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
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
June 27, 2002 \v�j,��7'$'
w4o
As you are aware, we are proceeding with the submittal of the
application to the California Energy Commission (CEC) regarding the
Malburg Generation Project. As part of the application, the City is
required to collect substantial data on people employed by businesses
in Vernon, a time consuming task that cannot be accomplished
expeditiously enough by City staff.
In addition to the required use, the information collected can also be
used to provide the City with an estimate of direct and indirect
economic benefits for the City over a wide area of Southern
California.
This has been reviewed by the City Attorney, and it is hereby
recommended that the services of Fairbanks, Maslin, Maullin &
Associates be retained to collect the information necessary for the
application in a timely manner; and it is recommended to retain the
services of Los Angeles County Economic Development Corporation
(LACEDC) to provide an economic study for the City.
Very truly yours,
14
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
CITY COUNCIL
��-
LEONIS C. MALBURG
Mayor'j
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 27, 2002
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
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
Re: Agreements with Fairbanks, Maslin, Maullin & Associates and
Los Angeles County Economic Development Corporation
Dear Bruce:
The Utilities Department is proceeding with its application
before the California Energy Commission for the Power Plant Project.
As part of the application, the City is required to collect
substantial data on people employed by businesses in Vernon. The
City's goal is to get a complete response from businesses. Such a
task will be very time consuming and cannot be accomplished
expeditiously enough by the City's staff. Therefore, I recommend that
the City retain the consulting services of Fairbanks, Maslin, Maullin
& Associates to assist the City in collecting such data.
The information that is collected can also be used to provide the
City with an estimate of direct and indirect economic benefits that
the City has over a wide area of Southern California. This type of
information will be very useful to the City, as well as the
Redevelopment Agency. I have asked around about a consultant who is
able to provide this type of service and was referred to the Los
Angeles County Economic Development Corporation ("LACEDC"). I have
been advised that the LACEDC is well respected and qualified. After
discussing this matter with them, I believe they can adequately assist
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Sharon L. Johnson, Budget Auditor/Deputy City Treasurer, of the
City of Vernon do hereby certify that I did, on the 1 e4' of �'uvta.
2002, have posted two (2) copies of:
NOTICE OF PUBLIC HEARING, to be held July 1, 2002, required by
the California Energy Commission (copy attached).
One in each of the following places, to wit: at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of Leonis
Blvd. and Pacific Blvd., all in said City, there being no newspaper of
general circulation printed and published in the City'of Vernon.
Date: 1t -
Sharon L. oh on
Budget Auditor/Deputy City Treasurer
State of California )
)ss
County of ,1Los Angels)
0 V Q� before me, POW6 rhi
Pe sonally appeared Sharon L. Johnson
Personally known to me (or known to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
-h��.
MANUELA GIRON
M�- Comn-a"lon • 1328374
Notary Public - CaNtomla
La, Angalaa County
MV Comm. Expkw Nov 4, 20M