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Resolution No. 90121 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. 9012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. TWO TO SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND J.D. HICKS & ASSOCIATES, LLC WHEREAS, on November 3, 2004, the City Council of the City of Vernon adopted Resolution No. 8587 approving a Services Agreement (the "Agreement") with J.D. Hicks & Associates ("Hicks") to provide, among other things, investigative, process serving, security and administrative services to support the services rendered by the City Attorney's office for various City projects; and WHEREAS, on January 19, 2005, the City Council of the City of. Vernon adopted Resolution No. 8638 approving an Amendment No. One to the Agreement providing for a name change; and WHEREAS, the City and Hicks desire to amend the Agreement to extend the term of the Agreement and modify certain provisions of the Agreement dealing with compensation and payment method. 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 Amendment No. Two to Services Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Contract for, and on behalf of, 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 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 directs the Acting City Clerk, or his designee, to send one fully executed Contract to: J.D. Hicks & Associates, LLC Attn. J.D. Hicks Corte Madera Plaza 21 Tamal Vista Blvd., Suite 172 Corte Madera, CA 94925 SECTION 5: 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 5th day of April, 2006. (ATTEST: IBRUCE V. mALKAHO Acting City Clerk , JR., ONIS C. BUR�,M�ayor�� - 2 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 9012, was duly adopted by the City Council of the City 7 of Vernon at a regular meeting of the City Council duly held on 8 Wednesday, April 5, 2006, and thereafter was duly signed by the Mayor 9 of the City of Vernon. 10 11 12 13 BRUCE V. MALKENHORST, JR. 14 Acting City Clerk 15 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT 0 AMENDMENT NO. TWO TO SERVICES AGREEMENT This Amendment No. Two to Services Agreement (the "Amendment No. 2"), executed this 5'h day of April, 2006, is entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, by and between the City of Vernon ("the City") and J.D. Hicks & Associates, LLC ("Hicks"), 21 Tamal Vista Blvd., Suite 172, Corte Madera, CA 94925. WHEREAS, the City and Hicks entered into a Services Agreement on or about November 4, 2004 (the "Agreement") to provide, among other things, investigative, process serving, security, and other support services for the City Attorney's office respecting the development and construction of various projects for the City, and WHEREAS, the City and Hicks entered into an Amendment No. One to the Agreement on or about January 19, 2005, providing for a name change; and WHEREAS, Hicks desires to renew and extend the term of the Agreement; and WHEREAS, the City desires to reduce the costs under the Agreement; and WHEREAS, the City and Hicks desire to amend the Agreement to modify the contract provisions to provide for Hicks paying all expenses under the contract not associated with employee payroll and benefits and the City extending and renewing the term. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: SECTION 1: Hicks shall deliver to the City on a quarterly basis a Scope Document and Rate/Expense Schedule setting forth the services to be performed during the upcoming 90-day period, the personnel to perform such services, the anticipated number of hours per person, the hourly rate for such personnel and any costs of subcontractors or outside consultants or service providers. The Agreement shall be for a three-year term, commencing as of the date of this Amendment No. 2, and shall continue on a year-to-year basis thereafter, terminable upon 30-days prior written notice before the anniversary date of this Amendment No. 2. Hicks shall be responsible for all costs and expenses incurred under the contract and the City shall be responsible for the costs and expenses of all personnel, salaried, hourly, or otherwise, including health, dental and workers' compensation insurance under the contract from the inception of the Agreement from November 4, 2004. This provision shall not apply to costs which includes payroll and expenses incurred on behalf of the City for the voter fraud investigation. Z:\Agreements\a-HicksAmd2.dft3.doc SECTION 2: Approval by CitX. This Amendment shall be executed by a duly authorized representative of City following approval of the terms of this Amendment by City in accordance with City policies and procedures. SECTION 3: Remainder of Agreement. Except as specifically modified herein, all terms and conditions of the Agreement are unmodified and remain in full force and effect, and are hereby ratified by the parties. SECTION 4: Entire A eement. The provisions of this Amendment shall constitute the entire agreement of the parties hereto with respect to the subject matter included in this Amendment and shall supercede any other agreement, understanding or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney Z:\Agreements\a-HicksAmd2.dft3.doc 2 CITY OF VERNON LEONIS C. MALBURG, Mayor J.D. HICKS & ASSOCIATES, LLC J.D. Hicks, Partner SUPPORTING DOCUMENTS AMENDMENT NO. TWO TO SERVICES AGREEMENT This Amendment No. Two to Services Agreement (the "Amendment No. 2"), executed this 5t' day of April, 2006, is entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, by and between the City of Vernon ("the City") and J.D. Hicks & Associates, LLC ("Hicks"), 21 Tamal Vista Blvd., Suite 172, Corte Madera, CA 94925. WHEREAS, the City and Hicks entered into a Services Agreement on or about November 4, 2004 (the "Agreement") to provide, among other things, investigative, process serving, security, and other support services for the City Attorney's office respecting the development and construction of various projects for the City; and WHEREAS, the City and Hicks entered into an Amendment No. One to the Agreement on or about January 19, 2005, providing for a name change; and WHEREAS, Hicks desires to renew and extend the term of the Agreement; and WHEREAS, the City desires to reduce the costs under the Agreement; and WHEREAS, the City and Hicks desire to amend the Agreement to modify the contract provisions to provide for Hicks paying all expenses under the contract not associated with employee payroll and benefits and the City extending and renewing the term. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: SECTION 1: Hicks shall deliver to the City on a quarterly basis a Scope Document and Rate/Expense Schedule setting forth the services to be performed during the upcoming 90-day period, the personnel to perform such services, the anticipated number of hours per person, the hourly rate for such personnel and any costs of subcontractors or outside consultants or service providers. The Agreement shall be for a three-year term, commencing as of the date of this Amendment No. 2, and shall continue on a year-to-year basis thereafter, terminable upon 30-days prior written notice before the anniversary date of this Amendment No. 2. Hicks shall be responsible for all costs and expenses incurred under the contract and the City shall be responsible for the costs and expenses of all personnel, salaried, hourly, or otherwise, including health, dental and workers' compensation insurance under the contract from the inception of the Agreement from November 4, 2004. This provision shall not apply to costs which includes payroll and expenses incurred on behalf of the City for the voter fraud investigation. Z:\Agreements\a-HicksAmd2.dft3.doc SECTION 2: Approval by City. This Amendment shall be executed by a duly authorized representative of City following approval of the terms of this Amendment by City in accordance with City policies and procedures. SECTION 3: Remainder of Agreement. Except as specifically modified herein, all terms and conditions of the Agreement are unmodified and remain in full force and effect, and are hereby ratified by the parties. SECTION 4: Entire Agreement. The provisions of this Amendment shall constitute the entire agreement of the parties hereto with respect to the subject matter included in this Amendment and shall supercede any other agreement, understanding or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. CITY OF VERNON By: -"LdF,ONIS C. MAL URG, M ya or ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attey J.D. HICKS SSOCIATES, LLC By: icks, Partner Z:\Agreements\a-HicksAmd2.dft3.doc 2 Z•4' CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 April 24, 2006 J. D. Hicks & Associates, LLC ATTN: J. D. Hicks Corte Madera Plaza 21 Tamal Vista Blvd., Suite 172 Corte Madera, CA 94925 Re: Amendment No. Two to Services Agreement Dear Mr. Hicks: SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on April 5, 2006, through Resolution No. 9012. If you have any questions regarding this matter, please call Mr. Eric Fresch at 323/583-8811 ext. 225. NG/dr c: Resolution No. 9012 Agreement File No. 06-041 Very truly yours, Nelly Giron Deputy City Clerk 'C'Nurumdo $i pwal