Resolution No. 8308t'
t
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. 8308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. THREE 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 April 2, 2003, the City Council of the City of
Vernon adopted Resolution No. 8178 approving and authorizing the
execution of an Amendment No. Two to the Agreement extending the
Agreement to November 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 May 7, 2004; and
WHEREAS, by letter dated October 30, 2003, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that an
amendment extending the Agreement for six (6) months 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 Amendment No. Three to 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 5th day of November, 2003.
(ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALBU G, May r
- 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 8308, 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, November 5,
8 2003, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
10
11
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
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. THREE TO
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AMENDMENT NO. THREE TO THE AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES 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 November, 2003
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND MICHAEL R. KODAMA PLANNING
CONSULTANTS (hereinafter referred to
as "Consultant")
1127 N. Lima Street
P.O. Box 10193
Burbank, CA 91505
RECITALS
WHEREAS, the City and Consultant entered into an Agreement
for Professional Consulting Services dated May 8, 2002 (hereinafter
referred to as the "Agreement"); and
WHEREAS, the City and Consultant entered into an Amendment
No. One to the Agreement on October 23, 2003, extending the term of the
Agreement to May 7, 2003; and
WHEREAS, the City and Consultant entered into an Amendment
No. Two to the Agreement on April 2, 2003, extending the term of the
Agreement to November 7, 2003; and
WHEREAS, under the Agreement, as amended, Consultant provides
assistance to the City for federal, state, regional and local
transportation planning, policy and funding efforts; and
WHEREAS, the City and Consultant desire to extend the
1
2
3
4
5
6
7
8
9
10
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement through and including November 7, 2003; and
WHEREAS, the City believes that its need for Consultant's
services will be reduced during the extended time period and desires to
pay Consultant on an hourly basis and pay out -of -region travel expenses
only if approved in advance by the City Administrator; and
WHEREAS, Section IV of the Agreement permits the extension of
the Agreement and Section XI.7 of the Agreement provides for amendments
and modifications to the Agreement.
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 November 7, 2003. Consultant's services
under Amendment No. Three to the Agreement shall begin on November 8,
2003 and shall be completed by May 7, 2004, unless otherwise terminated
jor extended.
SECTION 2: Section V, COMPENSATION, of the Agreement is
(hereby amended to read as follows:
1• Consulting Costs. City shall compensate the
Consultant for all services performed and approved expenses incurred
through November 7, 2003, under the original Agreement, as amended by
Amendment Nos. One and Two. The compensation paid to Consultant under
this Amendment Three to the Agreement during the time period of
November 8, 2003 through May 7, 2004, shall be at the hourly rate of
One Hundred Sixty Dollars and No Cents ($160.00), not to exceed Twelve
Thousand Dollars and No Cents ($12,000.00), plus out -of -region travel
expenses to be billed only if written approval has been obtained in
- 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
advance from the City Administrator. Consultant's travel expenses
shall not exceed Four Thousand Dollars and No Cents ($4,000.00) during
the term of this Amendment. Consultant currently expects to have
Michael R. Kodama working on City's behalf. Consultant shall notify
City if it expects to utilize the services of other professionals on
City's behalf, and may do so only after approval by City.
SECTION 3: 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
(ATTEST:
IBRUCE V. MALKENHORST, City Clerk
JAPPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
LEONIS C. MALBURG, Mayor
MICHAEL R. KODAMA
PLANNING CONSULTANTS
By:
MICHAEL �RK�ODAMA��
Title: President
- 3 -
SUPPORTING
DOCUMENTS
1 AMENDMENT NO. THREE TO
2 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
3 THIS AMENDMENT NO. THREE 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
ark
6 original hereof for all purposes, as of this � day of November, 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
Burbank, CA 91505
14
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, the City and Consultant entered into an Amendment
23 No. Two to the Agreement on April 2, 2003, extending the term of the
24 Agreement to November 7, 2003; and
25 WHEREAS, under the Agreement, as amended, Consultant provides
26 assistance to the City for federal, state, regional and local
27 transportation planning, policy and funding efforts; and
28 WHEREAS, the City and Consultant desire to extend the
I
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 through and including November 7, 2003; and
WHEREAS, the City believes that its need for Consultant's
services will be reduced during the extended time period and desires to
pay Consultant on an hourly basis and pay out -of -region travel expenses
only if approved in advance by the City Administrator; and
WHEREAS, Section IV of the Agreement permits the extension of
the Agreement and Section XI.7 of the Agreement provides for amendments
and modifications to the Agreement.
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, sha11 be completed by November 7, 2003. Consultant's services
under Amendment No. Three to the Agreement shall begin on November 8,
2003 and shall be completed by May 7, 2004, unless otherwise terminated
or extended.
SECTION 2: Section V, COMPENSATION, of the Agreement is
thereby amended to read as follows:
1. Consulting Costs. City shall compensate the
Consultant for all services performed and approved expenses incurred
through November 7, 2003, under the original Agreement, as amended by
Amendment Nos. One and Two. The compensation paid to Consultant under
this Amendment Three to the Agreement during the time period of
November 8, 2003 through May 7, 2004, shall be at the hourly rate of
One Hundred Sixty Dollars and No Cents ($160.00), not to exceed Twelve
Thousand Dollars and No Cents ($12,000.00), plus out -of -region travel
expenses to be billed only if written approval has been obtained in
- 2
I
Ti. ft
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
advance from the City Administrator. Consultant's travel'expenses
shall not exceed Four Thousand Dollars and No Cents ($4,000.00) during
the term of this Amendment. Consultant currently expects to have
Michael R. Kodama working on City's behalf. Consultant shall notify
City if it expects to utilize the services of other professionals on
City's behalf, and may do so only after approval by City.
SECTION 3: 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
�u.� -�LONISC.ALBG,Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
MICHAEL R. KODAMA
�PLLANNING CONSULTANTS
MICHAEL R. KODAMA
Title: President
- 3 -