Resolution No. 80281 RESOLUTION NO. 8028
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL CONSULTING AGREEMENT BY AND BETWEEN
4 THE CITY OF VERNON AND DAVID TURCH AND ASSOCIATES
FOR FEDERAL ADVOCACY SERVICES
5
6 WHEREAS, on July 26, 2000, the City Council of the City of
7 Vernon adopted Resolution No. 7572 approving a Professional Consulting
8 Agreement with David Turch and Associates ("David Turch") for federal
9 advocacy support services; and
10 WHEREAS, the Agreement with David Turch expired on July 14,
11 2002; and
12 WHEREAS, the City of Vernon continues to need the services
13 of a federal government relations firm to assist the City with
14 strategic planning, legislative goal setting, intergovernmental
15 liaison and political analysis regarding transportation and other
16 matters impacting the City or its operations; and
17 WHEREAS, since David Turch has provided federal advocacy
18 services to the City in the past and is able to more efficiently and
19 effectively provide the services now required by the City, the City
20 desires to enter into an agreement with David Turch to continue to
21 provide federal advocacy support services as follows: updating the
22 City's staff on the status of pertinent issues, scheduling meetings
23 with governmental agencies, advising on legislative and administrative
24 strategy, lobbying appropriate governmental agencies and such other
25 and further tasks as may be requested; and
26 WHEREAS, the Finance Committee on July 23, 2002, approved
27 the recommendation of Bruce V. Malkenhorst, Director of Finance, dated
28 July 18, 2002, that an agreement with David Turch be approved and
1 executed; and
2 WHEREAS, the City Council of the City of Vernon has
3 determined that, pursuant to the provisions of subsection (a) of
4 Section 2.27 of the Vernon City Code, it is in the public interest and
5 necessity to enter into a Professional Consulting Agreement with David
6 Turch to enhance services provided to the Vernon community.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
8 CITY OF VERNON AS FOLLOWS:
9 SECTION 1: The City Council of the City of Vernon hereby
10 finds and determines that the recitals contained hereinabove are true
11 and correct.
12 SECTION 2: The City Council of the City of Vernon hereby
13 approves the Professional Consulting Agreement, a copy of which is
14 attached hereto as Exhibit "A" and made a part hereof.
15 SECTION 3: The City Council of the City of Vernon hereby
16 authorizes the Mayor and the City Clerk to execute said Agreement for,
17 and on behalf of, the City of Vernon.
18 SECTION 4: The City Council of the City of Vernon directs
19 the City Clerk, or his designee, to send a fully executed Agreement
20 and a check for Five Thousand Dollars and No Cents ($5,000.00), to:
21 David Turch and Associates
22 Attn. David N. M. Turch
517 2nd Street, Northeast
23 Washington, D.C. 20002
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SECTION 6: 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 24th day of July, 2002.
ATTES
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MA BURG, Mayor
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1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )`
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4 I, BRUCE V. MALKENHORST, Cit
5 do hereby certify that the foregoing R
6 8028, was duly adopted by the City Cou
7 adjourned regular meeting of the City
8 July 24, 2002, and thereafter was duly
9 of Vernon.
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SUPPORTING
DOCUMENTS
EXHIBIT
PROFESSIONAL CONSULTING AGREEMENT
This is an agreement between the City of Vernon, California (Vernon) and David Turch and
Associates (DTA) of Washington, D.C. Hereinafter, the term "parties" shall refer to both Vernon and
DTA jointly. Whenever used in this document, the word agreement means contract; further, the
words firm(s) or company(ies) mean any business entity, association, institution or government
agency.
L PURPOSE
Vernon hereby engages the services of DTA to advise, counsel and represent Vernon with, principally
but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government.
DTA hereby agrees to faithfully and to the best of its ability, promote and represent Vernon and its
interests with, principally but not limited to, the ability of the City to negotiate on a fair and
reasonable basis with Class I freight railroads and any federal legislative proposals which could have
a substantial impact on Vernon or the conduct of its operations.
It is further understood and expected, that from time to time, or on a continuing basis, other tasks,
whether general or specific, may be requested and performed by the mutual consent of the parties.
Adjustments to the compensation schedule, if any, for such other tasks shall be mutually agreed to
by the parties on a case by case basis.
2. EFFECTIVE DATES
This contract will take effect on the 15th day of July, 2002 and shall continue in full force and effect
for a period of one year to its expiration on the 14th day of July, 2003 unless previously modified,
amended, or canceled by the written mutual consent of the parties, or unless extended under its
provisions.
3. RENEWAL
This contract will automatically renew annually unless notice of intent not to renew is made by either
party, in writing, delivered to the other, thirty (30) days prior to its expiration date. Upon renewal,
adjustments to the compensation schedule may be made with the mutual consent of the parties.
4. CANCELLATION
This agreement may be terminated by either party in writing, delivered to the other. Such cancellation
shall take effect as of the end of the last calendar day of the month following the month in which such
notification was received.
Pagel of 3
5. COMPENSATION
a. Ordinary:
Compensation from Vernon to DTA is agreed to be Sixty Thousand Dollars
($60,000) per year. Such compensation is to be paid according to the following
schedule:
The first month's payment of Five Thousand Dollars ($5,000) to accompany
this contract.
Thereafter, each month's payment of Five Thousand Dollars ($5,000) is
agreed to be due and payable, without additional notice or demand, on or
before the fifteenth day of each calendar month beginning on or before August
15, 2002.
b. Expenses:
Vernon agrees to reimburse DTA for all ordinary and reasonable expenses incurred
on its behalf. DTA agrees to bill Vernon monthly for such expenses, such billing to
be mailed on or before the fifth day of each calendar month. Such expense statements
are agreed to be paid by Vernon on or before the first day of the calendar month
following such billing.
Cancellation:
At all times during this contract, whether during the first year or during any extension
period, Vernon further agrees to pay all necessary and reasonable expenses either
directly associated with the termination of this agreement or to fulfill commitments
previously made on behalf of Vernon pursuant to this agreement.
6. DISPUTES
This contract shall be construed in accordance with the laws of the State of California.
Notwithstanding the above, any controversy or claim arising out of or relating to this contract or the
breach thereof, may, by mutual consent of the parties, be settled by arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Page 2 of 3
7. DEFAULT
In the event any legal action is taken by either party against the other party to enforce any of the
terms and conditions of this contract, it is agreed that the unsuccessful party to such action shall pay
to the prevailing party therein all court costs, reasonable attorneys' fees and expenses incurred by the
prevailing party.
8. FAILURE TO ENFORCE
The failure of DTA to insist upon strict performance of any of the terms and conditions stated herein
shall not be deemed a waiver of any rights or remedies that DTA may have and shall not be deemed
a waiver of any subsequent breach or default in the terms and conditions herein contained.
9. ENTIRE AGREEMENT
This is the entire agreement between the parties. This contract may be modified or amended at any
time by the mutual consent of the parties. Any such amendment or modification shall be in writing
and become a permanent part of this agreement. This agreement may be executed in any number of
counterparts, each of which shall be an original but all of which shall together constitute one and the
same instrument.
10. PROCLAMATIONS AND CERTIFICATIONS
The persons, or any of them, whose signatures are affixed to this document on behalf of their
companies do proclaim, certify and affirm that they entered into this agreement freely in accordance
with the by-laws of their firm and that their signatures are genuine and that they are authorized,
directed and empowered by and on behalf of their firm, and in its name, to execute this contract on
such terms and conditions as are stated herein. This contract shall be binding upon Vernon and DTA
and their successors and/or assigns.
Agreed to this day of ,
For David Turch and Associates For the City of Vernon
LEONIS C. MALBURG, Mayor
ATTEST:
By:
WAM BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
of 3 EDUARDO OLIVO, City Attorney
Memo
To: Dolores Fonseca, Purchasing Assistant
From: Nelly Giron,
Assistant to the Chief Deputy City Clerk
Date: August 6, 2002
Re: Consulting Agreement Initial Fee
"David Turch and Associates"
Transmitted herewith is a fully executed copy of the above
referenced approved by the City Council on July 24, 2002, which
demands for an initial payment of $5,000.00 payable to David
Turch and Associates upon the execution of such charging account
numbers accordingly.
Please have an early check issued and returned to me.
Thank you.
:ng
CC: Resolution No. 8028
File Agreement No. 02-046
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 HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 6, 2002
David Turch and Associates
Attn: David N. M. Turch
517 2nd Street, Northeast
Washington, D.C. 20002
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: Professional Consulting Agreement - July 15, 2002-July 14, 2003.
Dear Mr. Turch:
Transmitted herewith is a duplicate original copy of the above
referenced approved by the Vernon City Council on July 24, 2002 and
check no. 00206039 in the amount of $5,000.00 as initial payment.
If you have any questions regarding this matter, please call Mr. Greg
Tsujiuchi at (323) 583-8811 ext. 263.
Very truly yours,
N� kN . C &�A
Nelly Giron
Assistant to the
Chief Deputy City Clerk
NG/gm
CC: Greg Tsujiuchi
Dolores Fonseca
Resolution No. 8028
Agreement No. 02-046
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
July 18, 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
v
The Professional Consulting Services Agreement with David Turch and
Associates for Federal Advocacy has expired on July 14, 2002. This
has been reviewed by Staff and the City Attorney and it is hereby
recommended that the Professional Consulting Services Agreement with
David Turch and Associates be approved and executed providing no
increase in the retainer fees, which are $5000.00 per month.
Very truly yours,
Bruce V. Malkenhorst
Director of Finance
BVM/gm
a
Memo
To: Bruce V. Malkenhorst, City Administrator/City Clerk
From:Greg Tsujiuchi, Assistant to the City Administrator
Date:07/18/02
Re: David Turch and Associates
Since July 2000 the City has used the services of David Turch
and Associates for Federal Advocacy. The Current agreement
expired on July 14, 2002, and therefore it is recommended an
agreement by and between the City of Vernon and David Turch
and Associates be approved and executed dependent on the City
Attorney's review, and a resolution adopted approving same.
There will be no increace in the retainer fees ($5000.00 per
month) .
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DAVID TURCH AND ASSC
PAGE 02
07/18/2002 17:45
(Vernon) and. David Turoh and
der, tlbe term "parties" shall ,refer to both Vernon and
t; the word agreement ' means contract; further, the
tti;:business entity,association,: institution or government
`advise, counsel and • represent 'Vernon with, principally
s • . .
.c and'iceia hive Branches of the pederal Government.
o t best.; f its ability; promote and- represent Vernon' and its
t, t6- the ability of the City tonegotiate on a fair and
Z d and •any'A ral• legislative proposals which could have
�t pt"'?t;yd:ct of'its operations.
t <:r';'ut litre to: time, or lon a continuing basis, other tasks,
't?+i i[ tY+ sit. sd and pet formed by: the i butuai . consent • of the parties.
►wle; If Oy; for such other. tasks shall be mutually agreed to
1,
o.:j'tlixda;of:July, 2002 and shall continue in full force and effect
011r t.
tl e' 14th day of July,'2003 unless previously modified;
,:: <::••e';i :ivonsent o f
the: parties, or unless extended under its
M'
r� voolly unless notice of intent not to renew is made by either
to
(30}. days, prior to its expiration date. Upon renewal,
'4ip,chtetle. nay be trade with. -he mutual' oonsent of the parties.
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•.- a i. -pa y in, writing, delivered to the other. Such Vanceflation
day of the ] ►c th follOWing' the month in which such
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This is an: agr
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DTA jointly",
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