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Resolution No. 93072 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. 9307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NUMBER ONE TO AMENDED AND RESTATED SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE PROJECT LABOR GROUP WHEREAS, on June 29, 2005, the City Council of the City of Vernon adopted Resolution No. 8791 approving an Amended and Restated Services Agreement dated July 1, 2005 with Project Labor Group ("PLG") for consulting, engineering, security, financial, contracting and administrative services to the City in connection with various City projects and to assist the City in overseeing its contracts with other third parties (collectively, the "Agreement"); and WHEREAS, the City desires to amend the Agreement to modify the compensation provision so that administrative costs, overhead and profit will be a flat fee and not on a percentage basis. 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 the Amendment Number One to Amended and Restated Services Agreement ("Amendment One") with PLG, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute Amendment One with PLG for, and on behalf of, the City of Vernon and the City Clerk is 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 hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to give one fully executed Amendment One to PLG. 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 7th day of May, 2007. INTTEST: ELA GI ,(City Clerk )u6b&mXXX*mmBdamxx4w=x HILARIO GONZALES.,. Pro-Tem. - 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 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. 9307, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, May 7, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) 4 MANUELA -CIROW, City Clerk - 3 - EXHIBIT ul, AMENDMENT NO. ONE TO AMENDED AND RESTATED SERVICES AGREEMENT This Amendment No. One to Amended and Restated Services Agreement (the "Amendment") executed this 7`h day of May, 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, a municipal corporation ("the City") and PROJECT LABOR GROUP, a California corporation ("PLG"). WHEREAS, the City and PLG are parties to an Amended and Restated Services Agreement dated July 1, 2005 (hereinafter referred to as the "Agreement") under which PLG was to provide consulting, engineering, security, financial, contracting and administrative services to the City in connection with various City projects and to assist the City in overseeing its contracts with other third parties; and WHEREAS, the City and PLG desire to amend the Agreement to modify Section 4, "Compensation," of the Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Section 4, Compensation, is hereby amended to read as follows: "4. Compensation. All Services will be performed on a time and materials basis. The City will compensate PLG for the Services performed by PLG employees at PLG's normal and customary rates, as set forth in the Rate Schedule attached hereto as Exhibit "A", and will compensate PLG for the Services performed by independent contractors or consultants at such contractor's or consultant's regularly charged fee. PLG shall bill the City on a time and materials basis, plus a flat fee of $6,000.00 per month for administrative costs, overhead, and profit (collectively, "Profits"), throughout the term of this Agreement. Costs and expenses shall be the actual and reasonable expenditures made by PLG in connection with the applicable project, including expenses for (a) postage and handling, express shipping, messenger charges, UPS, telephone charges, including long distance and fax; and (b) plan reproductions, whether in house or by others. All expenses shall be submitted at PLG's actual cost and without markup. At the City's request, PLG will use the City's reprographics company or designated provider for copies. The City will reimburse PLG for costs of necessary equipment (including furniture, fixtures, and equipment, such as copy machines, fax machines, and computer equipment) approved by the City. The cost of consumables, such as paper, toner, etc. shall not be directly billed to the City. " 2. In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety. 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. A TEST: MANUELA GIRON, c ity Clerk APPROVED AS/TO FORM: City Attorney City Jof Vernon By: N. W X HILARIO GONZALES Mayor Pro-Tem PROJECT LABOR GROUP By: Name: J.D. Hicks Title: President and Secretary N SUPPORTING DOCUMENTS May 10, 2007 J. D. Hicks & Associates, LLC Project Labor Group ATTN: J. D. Hicks Corte Madera Plaza 21 Tamal Vista Blvd., Suite 172 Corte Madera, CA 94925 Re: Amendment No. One to Amended and Restated Project Labor Group Services Agreement Dear Mr. Hicks: Transmitted herewith is a fully executed Amendment No. One to amended and restated services agreement as referenced above, approved by City Council on May 7, 2007, through Resolution No. 9307. If you have any questions regarding this matter, please call Mr. Eric Fresch at 323/583-8811 ext. 225. NG/dr c: Resolution No. 9307 Agreement File No. 07-044 Very truly yours, Litt ,04rx� erk -- cCAsivefy Industfid 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 RESOLUTION NO. 9833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DISSOLVING, CANCELLING AND TERMINATING ALL AGREEMENTS WITH PROJECT LABOR GROUP AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on June 29, 2005, the City Council of the City of Vernon adopted Resolution No. 8791 approving an Amended and Restated Services Agreement dated July 1, 2005 (the "PLG Agreement") with the Project Labor Group ("PLG") for consulting, engineering, security, financial, contracting and administrative services in connection with various City projects; and WHEREAS, on May 7, 2007, the City Council of the City of Vernon adopted Resolution No. 9307 approving an Amendment No. One to the PLG Agreement modifying the compensation provision; and WHEREAS, on June 25, 2007, the City Council of the City of Vernon adopted Resolution No. 9349 approving an Amendment No. Two to the PLG Agreement modifying the Rate Schedule; and WHEREAS, in furtherance of the City's organizational restructuring objectives in the midst of these financial market times, the City desires to dissolve, cancel and terminate all agreements with PLG effective February 1, 2009. 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. 28 11 SECTION 2: The City Council of the City of Vernon hereby 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 dissolves, cancels and terminates all agreements with PLG, effective February 1, 2009. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Attorney to provide a notice of termination to PLG and to instruct PLG to cease providing any services as of the date of the notice and to incur no further expenses. SECTION 4: The City Council of the City of Vernon hereby authorizes the City to pay PLG for its services pursuant to the termination provisions within its agreement. SECTION 5: All resolutions or parts of resolutions in conflict herewith 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 26th day of January, 2009. A TEST: ANUELA GIR N,.City Clerk Name: ed 4 J 5 Title : Mayor / P4a�er Pro - 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 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. 9833, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, January 26, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) )IZ�IV4'4v 4�- -- ANUELA GIRO ity Clerk - 3 - CITY CONTRACT PERSONNEL PLG - CURRENT 05/03/07 CITY CONTRACT PERSONNEL: LIGHT & POWER AND GAS DEPARTMENTS Arsenian, Harold $62.50 iffiV U, VG Renewable Energy; Gas System UP Bonfiglio, Michael $58.00 Power Plant Operator MGS Cardona, Rene $70.00 Gas System Consultant UP Fresch, Curtis $57.69 Health Renewable Energy, Administrative and Legislative Agency Liaison UP Fresch, Pat $85.00 Health Gas Department Customer Service; Electric Sales Industrial Development L&P Hervish, Peter $92.00 Don't know Thermal Island, Project and Technical Services L&P Lopez, Dan $55.00 Gas System Lead UP Lozano, Frank $37.00 Gas System Technician UP Malkenhorst, Rachel $31.25 Health/Dental Historic Preservation; City Librarian UP McBride, Kim $40.00 Administration of PLG Group Employees UP McNabb, Jennifer $54.09 Health/Dental L&P Contracts Administration; Contracts Payable L&P McNabb, Mark $85.00 Electric Sales Industrial Development L&P Moe, Kevin $65.00 Health Power Plant O&M Manager MGS Nand, Krishna $72.45 Health UP Environmental Compliance Program Manager UP Noguera, Laura $38.00 Power Plant Operations, Compliance Engineer MGS O'Callaghan, Barry $58.00 Power Plant Operations MGS Richards, Dave $58.00 Power Plant Operator MGS Richards, Matthew $63.00 Power Plant Operations MGS *Simpson, Justin $35.00 Transmission and Distribution Operator UP Smith, Jeff $68.05 Power Plant Lead Operations MGS MGS Taylor, Yolanda $30.00 Power Plant Clerical Health Thompson, Mark $85.76 Manager— Power Plant Operations MGS Tinoco, Serafin $59.05 Power Plant Operations MGS "Requesting to hire. 5/3/07