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Resolution No. 81781 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. 8178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND MICHAEL R. KODAMA PLANNING CONSULTANTS WHEREAS, on May 8, 2002, the City Council of the City of Vernon adopted Resolution No. 7962 approving and authorizing the execution of an Agreement for Professional Consulting Services (the "Agreement") with Michael R. Kodama Planning Consultants ("Kodama"), for assistance with federal, state, regional and local transportation planning, policy and funding efforts; and WHEREAS, on October 23, 2003, the City Council of the City of Vernon adopted Resolution No. 8090 approving and authorizing the execution of an Amendment No. One to the Agreement extending the Agreement to May 7, 2003; and WHEREAS, in accordance with Section XI.7 of the Agreement, the City of Vernon and Kodama desire to extend the Agreement through and including November 7, 2003; and WHEREAS, on March 25, 2003, the Finance Committee recommended that the City Council approve the recommendation of Bruce V. Malkenhorst, Director of Finance, dated March 19, 2003 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 and correct. 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 2: The City Council of the City of Vernon hereby approves the Amendment No. Two to Consulting Services Agreement with Kodama, 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: Michael R. Kodama Planning Consultants Attn. Michael R. Kodama P.O. Box 10193 Burbank, CA 91510-0193 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 2"d day of April, 2003. (ATTEST: BRUCE V. MALKIffNHORST, City Clerk r EONIS C. MALB RG, M yor - 2 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do 5 hereby certify that the foregoing Resolution, being Resolution No. 6 8178, was duly adopted by the City Council of the City of Vernon at a 7 regular meeting of the City Council duly held on Wednesday, April 2, 8 2003, and thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 BRUCE V. MALKENHORST, City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 - EXHIBIT 0 r 1 AMENDMENT NO. TWO TO 2 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES 3 THIS AMENDMENT NO. TWO TO THE AGREEMENT FOR PROFESSIONAL 4 CONSULTING SERVICES is made, entered into and executed in duplicate 5 originals, either copy of which may be considered and used as the 6 original hereof for all purposes, as of this day of April, 2003. 7 BY AND BETWEEN THE CITY OF VERNON, a municipal 8 corporation (hereinafter referred to as the "City") 9 4305 Santa Fe Avenue Vernon, California 90058 10 11 AND MICHAEL R. KODAMA PLANNING CONSULTANTS (hereinafter referred to 12 as "Consultant") 1127 N. Lima Street 13 P.O. Box 10193 14 Burbank, CA 91505 15 RECITALS 16 WHEREAS, the City and Consultant entered into an Agreement 17 for Professional Consulting Services dated May 8, 2002 (hereinafter 18 referred to as the "Agreement"); and 19 WHEREAS, the City and Consultant entered into an Amendment 20 No. One to the Agreement on October 23, 2003, extending the term of the 21 Agreement to May 7, 2003; and 22 WHEREAS, under the Agreement, as amended, Consultant provides 23 assistance to the City for federal, state, regional and local 24 transportation planning, policy and funding efforts; and 25 WHEREAS, the City and Consultant desire to extend 26 Consultant's Agreement through and including November 7, 2003; and 27 WHEREAS, Section IV of the Agreement permits the extension of 28 the Agreement and Section XI.7 of the Agreement provides for amendments 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 modifications to the Agreement; and WHEREAS, the City and Consultant desire to extend the term of the Agreement for six (6) months under the same terms and conditions of the existing Agreement, including the same scope of work and fee schedule currently in place. NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: Section IV, Time of Performance, of the Agreement is hereby amended to read as follows: Consultant's services under the original Agreement, as amended, shall be completed by May 7, 2003. Consultant's services under Amendment No. Two to the Agreement shall begin on May 8, 2003 and shall be completed by November 7, 2003, unless otherwise terminated or extended. SECTION 2: 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 By: (ATTEST: IBRUCE V. MALKENHORST, City Clerk JAPPROVED AS TO FORM: JEDUARDO OLIVO, City Attorney LEONIS C. MALBURG, Mayor MICHAEL R. KODAMA PLANNING QQNSULTANTS By: MICHAEL R. KODAMA Title: President - 2 - 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 April 15, 2003 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 Michael R. Kodama Planning Consultants Attn: Michael Kodama. P.O. Box 10193 Burbank, CA 91510-0193 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Amendment No. Two to Agreement for Professional Consulting Services, Extending such through November 7, 2003. Dear Mr. Kodama: Transmitted herewith is a duplicate original copy of the above referenced amendment approved by the Vernon City Council on April 2, 2003. If you have any questions regarding this matter, please call Mr. Chris Romero at (323) 583-8811 ext. 324. Very truly yours, Nelly Giron Assistant to the Chief Deputy City Clerk NG/gm CC. Chris Romero Dolores Fonseca Resolution No. 8178 Agreement No. 03-031 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 March 19, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 ydJ On May 8, 2002, the City entered into an agreement for professional consulting services with Michael Kodama to provide assistance with Federal, State, Regional, and Local transportation planning policies and funding efforts for the City that expired on November 7, 2002. An amendment was approved in November to extend the agreement to May 7, 2003 and at this time it necessary that a second amendment be approved. This has been reviewed by the City Administrator's Office and it is hereby recommended that Amendment No. 2 to the existing agreement with Michael Kodama be extended six months, through November 7, 2003, maintaining all fees and requirements the same. Very truly yours, ,, 1 ,. Bruce V. Malkenhorst Director of Finance r City Administrator's Office March"13, 2003 TO: Bruce V. Malkenh/or/st, City Administrator FROM: Chris Romero," Administrative Aide SUBJECT: MICHAEL KODAMA AGREEMENT/EXTENSION On May 8, 2002 the City entered into an agreement (for six months) of professional consulting services with Michael Kodama. The agreement states that Kodama will provide assistance with Federal, State, Regional and local transportation planning policy and funding efforts for the City. Amendment No. One was approved by City Council and extends the agreement from November 8, 2002 to May 7, 2003. Kodama has and continues to focus his work on the United States Department of Transportation and its railroad government policies. In our ongoing effort to resolve various issues with the railroads it is recommended that another amendment to the agreement between the City and Michael Kodama be approved for an additional six months through November 7, 2003. All fees, terms and requirements of the agreement will remain the same. Please let me know if you need additional information. 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 March 25, 2003 Mr. Michael Kodama Michael R. Kodama Planning Consultants 1127 N. Lima Street P.O. Box 10193 Burbank, CA 91505 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 kl"D�OFly Re: Amendment No. Two to Agreement For Professional Consulting Services Dear Mr. Kodama: Enclosed please find two duplicate originals of the aforementioned Amendment for signature. Please return both signed originals to the City to the attention of Judy Lehr, Legal Department, by Monday, March 31, 2003. The Amendment is scheduled to be considered by the City Council at its meeting on April 2, 2003. Once the originals are executed by the City, one fully executed original will be returned to you for your files. I thank you for your cooperation regarding this matter. Very truly yours, Eduardo Olivo City Attorney jl Enclosures cc: Ms. Kelly Giron, Assistant to Chief Deputy City Clerk (w/o encls.)