Resolution No. 92471
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RESOLUTION NO. 9247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. ONE TO CONSULTING AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND MIKE ROOS
WHEREAS, on February 18, 2004, the City Council of the City
of Vernon adopted Resolution No. 8374 approving and authorizing the
execution of a Consulting Agreement (the "Agreement") with Mike Roos
("Roos") for consulting services to assist the City in the development
and implementation of a strategic plan resulting in the industrial
development and redevelopment of the City, securing the electric load
for the Malburg Generating Station ("MGS") Project and assisting the
City with federal and state regulatory environmental issues associated
with the MGS Project; and
WHEREAS, the City and Roos desire to amend the "COMPENSATION"
section of the Agreement to give the Acting City Administrator the
authority, as needed, to authorize Roos to provide additional services
respecting the licensing, construction and operation of the Vernon
Power Plant and to increase the compensation due commensurate with such
additional services in a sum not to exceed $10,000.00; and
WHEREAS, City staff have recommended that an amendment to
the Agreement with Roos 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.
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SECTION 2: The City Council of the City of Vernon hereby
approves Amendment No. One to Consulting Agreement with Mike Roos, in
substantially the same form as Exhibit A which attached hereto and
incorporated herein by reference.
SECTION 3: The City Council of the City of Vernon hereby
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 Administrator, 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 her designee, to send one fully
executed Amendment to:
Mike Roos
515 S. Flower Street, Suite 3500
Los Angeles, CA 90071
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 20th day of February, 2007.
TEST:
MANUELA GIRON6 Acting City Clerk
f va a �- A � t �
HILARIO GdNZALE15, Mayor Pro-Tem
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STATE OF CALIFORNIA
)
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) ss
COUNTY OF LOS ANGELES
)
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I, MANUELA GIRON,
Acting City Clerk of the City of Vernon, do
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hereby certify that the foregoing Resolution, being Resolution No.
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9247, was duly adopted
by the City Council of the City of Vernon at a
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regular meeting of the
City Council duly held on Tuesday, February 20,
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2007, and thereafter was duly signed by the Mayor Pro-Tem of the City
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of Vernon.
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MANUELA GIRON, Acting City Clerk
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(SEAL)
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EXHIBIT
0
AMENDMENT NO. ONE TO CONSULTING AGREEMENT
This Amendment No. One to Consulting Agreement (the "Amendment") executed
this 2& day of February, 2007, 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
among the City of Vernon ("the City") and Mike Roos ("Roos"), 515 South Flower
Street, Suite 3500, Los Angeles, CA 90071.
WHEREAS, the City and Roos are parties to a Consulting Agreement dated
February 26, 2004 (hereinafter referred to as the "Agreement") under which Roos was to
provide consulting services to assist the City in the development and implementation of a
strategic plan that results in the industrial development and redevelopment of the City,
securing the electric load for the Malburg Generating Station ("MGS") Project and
assisting the City with federal and state regulatory environmental issues associated with
the MGS Project; and
WHEREAS, the City and Roos desire to amend the Agreement to modify the
"COMPENSATION section of the Agreement; and
WHEREAS, Item 10.b of the Agreement provides for amendments and
modifications to the Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The following paragraph is inserted in Section 3, COMPENSATION, of
the Agreement as a new paragraph following the last sentence:
"For purposes of licensing, construction, and operation of
the Vernon Power Plant, the Acting City Administrator
shall have the authority, as needed, to seek additional
services under the Agreement and also have the ability to
increase the compensation due under the Agreement
commensurate with such additional services. At no time
shall the total compensation, including the increased
services, exceed twenty thousand dollars ($20,000.00) per
month."
2. In all other respects, the terms and conditions of the Agreement shall be
renewed in its entirety.
A - -
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.
TTEST:
ANUELA GIRO , Acting City Clerk
APPROVED AS TO FORM:
A
r
JEFIfJHARUISON, Acting City Attorney
City of Vernon
By: .ar.�
A2va—
HILARIO GO ALES
Mayor Pro -Tern
Mike Roos, a
By: .
MIKE ROO
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SUPPORTING
DOCUMENTS
f
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 8, 2007
Mr. Mike Roos
515 S. Flower Street, Suite 3500
Los Angeles, CA 90071
Re: Amendment No. One to Consulting Agreement
Dear Mr. Roos:
Transmitted herewith is a fully executed amendment as referenced
above, approved by City Council on February 20, 2007, through
Resolution No. 9247.
If you have any questions regarding this matter, please call Mr. Donal
O'Callaghan at 323/583-8811 ext. 834.
Very truly yours,
Nelly G
n
Acting City Clerk
NG:dr
c: Resolution No. 9247
Agreement File No. 07-020
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RESOLUTION NO. 9749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON TERMINATING THE CONSULTING AGREEMENT WITH
MIKE ROOS AND REPEALING ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, on February 18, 2004, the City Council of the City
of Vernon adopted Resolution No. 8374 approving and authorizing the
execution of a Consulting Agreement (the "Agreement") with Mike Roos
("Roos") for consulting services relating to the Malburg Generating
Station; and
WHEREAS, on February 20, 2007, the City Council of the City
of Vernon adopted Resolution No. 9247 approving and authorizing the
execution of an Amendment No. One to the Agreement with Roos; and
WHEREAS, Section 2 of the Agreement provides that the
Agreement may be terminated after providing not less than ten (10) days
written notice to the other party prior to the termination date; and
WHEREAS, the City desires to terminate the Agreement with
Roos effective November 13, 2008.
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
terminates the Agreement with Roos effective November 13, 2008.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Attorney to provide a notice of termination to
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Roos and to instruct Roos to cease providing any services as of the
date of the notice and to incur no further expenses during the 10-day
notice period.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City to pay Roos for his services pursuant to the
Agreement.
SECTION 5: All resolutions or parts of resolutions in
conflict with this Resolution are hereby repealed.
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 3rd day of November, 2008.
ATTE T•
MANUELA GIRON, City lerk
5v�- ,AWE
Name: Hilario Gonzales
Title-Xa-yMayor Pro-Tem
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STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9749, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, November 3, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIR N, City Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 5, 2008
TO: onal O'Callaghan-, Director of Light & Power
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9749 - A Resolution of the City Council of
the City of Vernon Terminating the Consulting Agreement With
Mike Roos and Repealing All Resolutions or Parts of
Resolutions in Conflict Therewith
Transmitted herewith is a copy of Resolution No. 9749 referenced
above, which was approved by City Council on November 3, 2008.
Thank you.
NG:dr
c: Resolution No. 9749
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
November 12, 2008
Mr. Mike Roos
515 S. Figueroa St., Ste. 1800
Los Angeles, CA 90071
Re: Notice of Termination
Dear Mike:
VIA REGULAR MAIL
As we have discussed, the City Council of the City of Vernon has
been reviewing all of its contracts with outside consultants and
believes that your services are not currently needed.
Therefore, the City Council has terminated your Agreement.
This letter is to serve as written notice of termination
effective November 22, 2008, and instruction to cease providing
any services as of November 12, 2008. Thank you for all of your
work on behalf of the City.
If you have any questions, please contact me.
Very my yours,
Wf Harrison
City ttorney
JH:j1
cc: Nelly Giron (Resolution No. 9749)
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