Resolution No. 89891 RESOLUTION NO. 8989
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL
5 CONSULTING SERVICES BY AND BETWEEN THE CITY OF
VERNON AND CROSSBORDER ENERGY
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7 WHEREAS, on July 20, 1999, the City Council of the City of
8 Vernon adopted Resolution No. 7377 approving and authorizing the
9 execution of an Agreement for Professional Consulting Services (the
10 "Agreement") with Crossborder Energy ("Crossborder") for natural gas
11 consulting services; and
12 WHEREAS, the City of Vernon and Crossborder desire to amend
13 the Agreement to expand the scope of services to be performed relating
14 to marketing the City as a site for significant new industrial
15 electric loads and to update the billing rates under which Crossborder
16 will provide services to the City from 2006 through 2007; and
17 WHEREAS, City staff have recommended that an amendment to
18 the Agreement with Crossborder be approved and executed.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE:
20 CITY OF VERNON AS FOLLOWS
21 SECTION 1: The City Council of the City of Vernon hereby
22 finds and determines that the recitals contained hereinabove are true
23 Hand correct.
24 SECTION 2: The City Council of the City of Vernon hereby
25 approves the First Amendment to Agreement for Professional Consulting
26 Services with Crossborder, in substantially the same form as the copy
27 which is attached hereto as Exhibit A and incorporated by reference.
28 SECTION 3: The City Council of the City of Vernon hereby
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authorizes the Mayor to execute said Amendment for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Amendment.
SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Amendment to:
Crossborder Energy
Attn. R. Thomas Beach, Principal
2560 Ninth Street, Suite 316
Berkeley, CA 94710
SECTION 6: The Acting 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 22nd day of March, 2006.
(ATTEST:
f�
BR E V MALKENHORST, JR.
Act City Clerk
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�LEON�ISC. MA URG, ayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8989, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, March 22, 2006, and thereafter was duly signed by the Mayor
of the City of Vernon.
I (SEAL)
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BRUCEt . MALKENHORST, JR.
Acting City Clerk
EXHIBIT
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FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTINGSERVICES
THIS FIRST AMENDMENT TO 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 22nd day of March, 2006.
BY AND BETWEEN
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11 AND
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THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
CROSSBORDER ENERGY
(hereinafter referred to as
"Consultant")
2560 Ninth Street, Suite 316
Berkeley, CA 94710
RECITALS
16 WHEREAS, the City and Consultant entered into that certain
17 Agreement for Professional Consulting Services for natural gas matters
18 dated July 22, 1999 (the "Agreement") pursuant to which the parties
19 agreed that Consultant would provide consulting services on natural gas
20 matters under the terms and conditions described in the Agreement; and
21 WHEREAS, the City and Consultant desire to amend the
22 Agreement to modify the scope of services to provide additional natural
23 gas and electric services relating to marketing the City as a site for
24 significant new industrial electric loads and to update the Agreement
25 to include new billing rates for 2006-2007.
26 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
27 THE PARTIES HERETO AGREE AS FOLLOWS:
28 11 SECTION 1: Section I, SCOPE OF SERVICES, of the Agreement
1 is hereby amended to insert the following language at the end of the
2 section:
3 Consultant shall provide additional scope of
4 services as more particularly described in Exhibit C
5 which is attached to the First Amendment and
6 incorporated by reference.
7 SECTION 2: Exhibit "A" of the Agreement, PROPOSED VERNON
8 RATES 1999 THROUGH 2O01, is hereby amended as more particularly
9 described in Exhibit A which is attached hereto and incorporated by
10 reference.
11 SECTION 3: This Amendment shall be executed by a duly
12 authorized representative of Consultant following approval of the terms
13 of this Amendment by the City in accordance with City policies and
14 procedures.
15 SECTION 4: Except as specifically modified herein, all
16 terms and conditions of the Agreement are unmodified and remain in full
17 force and effect in accordance with their terms.
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IN WITNESS WHEREOF, City and Consultant have executed this
Amendment as of the date first hereinabove set forth.
CITY OF VERNON
By:
IIATTEST:
LEONIS C. MALBURG, Mayor
BRUCE V. MALKENHORST, JR., Acting City Clerk
APPROVED AS TO FORM:
IIERIC T. FRESCH, City Attorney
CROSSBORDER ENERGY
By:
R. Thomas Beach
Title: Sole Proprietor
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1 EXHIBIT A
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3 PROPOSED VERNON RATES
4 2006 THROUGH 2O07
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6 R. THOMAS BEACH PATRICK MCGUIRE
7 Principal Energy Advisory
8 PER HOUR: $260.00 $160.00
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10 Out-of-pocket and administrative expenses will be itemized and
11 billed to City as follows under the terms and conditions of the
12 Agreement:
13 Travel (at cost)
14 Long Distance Telephone (at cost)
15 Overnight mail (at cost)
16 Courier use (at cost)
17 Copies.($0.25 per page)
18 Facsimiles ($0.95 per page)
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EXHIBIT C
ADDITIONAL SCOPE OF SERVICES
1. NATURAL GAS
a. Supporting the City on any issues that may arise before the
California Public Utilities Commission concerning the cost -based
wholesale rate from SoCalGas that now applies to all gas volumes moved
over the SoCalGas system to the City's system within Vernon;
b. Developing rates and drafting tariffs for the City's gas
utility;
C. Assistance in developing a strategy for procuring gas
supplies and in negotiating with potential gas suppliers to serve City
gas loads;
d. Developing a strategy for retail competition with SoCalGas;
e. Consulting support on SoCalGas wholesale rate matters and
other gas regulatory issues as they may arise; and
f. Such other and further services as may be requested from time
to time by the City.
2. ELECTRIC
a. Competitive analysis of electric rates in Southern
California;
b. Consulting on electric rate initiatives that City could use
to market its electric services, such as the development of
interruptible rates;
C. Projections of the Edison rates against which City will be
competing; and
d. Such other and further services as may be requested from time
to time by the City.
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SUPPORTING
DOCUMENTS
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FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS FIRST AMENDMENT TO 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 22nd day of March, 2006.
BY AND BETWEEN
1 = 1
THE CITY OF VERNON, a municipal
corporation (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
CROSSBORDER ENERGY
(hereinafter referred to as
"Consultant")
2560 Ninth Street, Suite 316
Berkeley,,CA 94710
RECITALS
WHEREAS, the City and Consultant entered into that certain
Agreement for Professional Consulting Services for natural gas matters
dated July 22, 1999 (the "Agreement") pursuant to which the parties
agreed that Consultant would provide consulting services on natural gas
matters under the terms and conditions described in the Agreement; and
WHEREAS, the City and Consultant desire to amend the
Agreement to modify the scope of services to provide additional natural
gas and electric services relating to marketing the City as a site for
significant new industrial electric loads and to update the Agreement
to include new billing rates for 2006-2007.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Section I, SCOPE OF SERVICES, of the Agreement
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1 is hereby amended to insert the following language at the end of the
2 section:
3 Consultant shall provide additional scope of
4 services as more particularly described in Exhibit C
5 which is attached to the First Amendment and
6 incorporated by reference.
7 SECTION 2: Exhibit "A" of the Agreement, PROPOSED VERNON
8 RATES 1999 THROUGH 2O01, is hereby amended as more particularly
9 described in Exhibit A which is attached hereto and incorporated by
10 reference.
11 SECTION 3: This Amendment shall be executed by a duly
12 authorized representative of Consultant following approval of the terms
13 of this Amendment by the City in accordance with City policies and
14 procedures.
15 SECTION 5: Except as specifically modified herein, all
16 terms and conditions of the Agreement are unmodified and remain in full
17 force and effect in accordance with their terms.
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IN WITNESS WHEREOF, City and Consultant have executed this
Amendment as of the date first hereinabove set forth.
CITY OF VERNON
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By: ,
LEONIS C. BURG, Mayor
ATTE T :
BRUCE V. MALKENHORST, JR., Acting City Clerk
APPROVED AS TO FORM:
ERIC T. PIPERCH, City Attorney
CROSSBORDER ENERGY -
By
R. Thomas Beach
Title: Sole Proprietor
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'MM• N'
PROPOSED VERNON RATES
2006 THROUGH 2O07
R. THOMAS BEACH
Principal
$260.00
PATRICK MCGUIRE
Energy Advisory
$160.00
Out-of-pocket and administrative expenses will be itemized and
billed to City as follows under the terms and conditions of the
Agreement:
Travel (at cost)
Long Distance Telephone (at cost)
Overnight mail (at cost)
Courier use (at cost)
Copies ($0.25 per page).
Facsimiles ($0.95 per page)
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1 EXHIBIT C
2 ADDITIONAL SCOPE OF SERVICES
3
4 1. NATURAL GAS
5 a. Supporting the City on any issues that may arise before the
6 California Public Utilities Commission concerning the cost -based
7 wholesale rate from SoCalGas that now applies to all gas volumes moved
8 over the SoCalGas system to the City's system within Vernon;
9 b. Developing rates and drafting tariffs for the City's gas
10 utility;
11 c. Assistance in developing a strategy for procuring gas
12 supplies and in negotiating with potential gas suppliers to serve City
13 gas loads;
14 d. Developing a strategy for retail competition with SoCalGas;
15 e. Consulting support on SoCalGas wholesale rate matters and
16 other gas regulatory issues as they may arise; and
17 f. Such other and further services as may be requested from time
18 to time by the City.
19 2. ELECTRIC
20 a. Competitive analysis of electric rates in Southern
21 California;
22 b. Consulting on electric rate initiatives that City could use
23 to market its electric services, such as the development of
24 interruptible rates;
25 C. Projections of the Edison rates against which City will be
26 competing; and
27 d. Such other and further services as may be requested from time
28 to time by the City.
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