Resolution No. 95671
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RESOLUTION NO. 9567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND HECTOR F. ELIZALDE REGARDING
PUBLIC RELATIONS
WHEREAS, the City of Vernon desires to retain the services
of a consultant to perform marketing, community outreach to
neighboring communities and public relations services on behalf of the
City (the "Services"); and
WHEREAS, the City has determined that Hector F. Elizalde
("Elizalde"), a marketing and Latino community relations specialist,
possesses the technical knowledge and expertise to furnish the
Services required by the City; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Elizalde setting forth the
terms and conditions for the performance of the Services to enhance
services provided to the Vernon community.
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 Consulting Services Agreement with Elizalde, in
substantially the same form as the copy which is attached hereto as
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Exhibit A and incorporated by reference, to be effective April 1,
2008.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City hereby authorizes
the City Administrator, or his designee, to make whatever non -
substantive, administrative and/or text changes, upon advice of
counsel, to the Agreement.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a fully executed
Agreement to:
Hector F. Elizalde
3033 Malabar Street
Los Angeles, CA 90063
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 March, 2008.
A EST:
ANUELA GIRON, ity Clerk
Leonis . Malburg
Name:
Title: Mayor
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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. 9567, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, March 3, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA IRO , City Clerk
- 3 -
EXHIBIT A
CONSULTING SERVICES AGREEMENT
This Agreement is executed and made effective as of the day of March of 2008, by and
between Hector F. Elizalde, 3033 Malabar Street, Los Angeles, California 90063
("CONSULTANT"), and the City of Vernon, 4305 Santa Fe Ave., Vernon, California 90058
("CITY").
The CONSULTANT has a background in marketing and Latino community relations and is
willing to provide services to the CITY based on this background.
The CITY desires to retain the services of the CONSULTANT, under the terms and conditions
stated here under.
Therefore, the parties agree as follows:
A. DESCRIPTION OF SERVICES:
CONSULTANT will supply the following consulting services to the CITY as directed by
the Director of Industrial Development, or his designee:
1. CONSULTANT would be responsible for helping to promote a positive image of
Vernon in the surrounding communities.
2. CONSULTANT would become the CITY's liaison in Huntington Park,
Maywood, Boyle Heights and other nearby communities.
3. CONSULTANT would be expected to attend governmental meetings, NGO
meetings, and other organized events in the surrounding communities.
4. CONSULTANT will conduct individual meetings with neighboring community
and NGO leaders and learn their concerns and issues while educating them on the
CITY positions as necessary.
5. CONSULTANT will accumulate feedback and identify key "issues" of
individuals and groups in the surrounding communities.
6. CONSULTANT will provide the CITY with feedback and assessment of all
meetings.
B. DESCRIPTION OF DELIVERABLES:
CONSULTANT will supply the following written reports as deliverables under this
effort. In addition, CONSULTANT will, as required, participate in meetings with
representatives of the CITY and verbally convey the insights and knowledge acquired as
a result of this effort.
1. Written Weekly Activity reports summarizing the various contacts made and
information obtained during the week. (Reports would serve as basis for monthly
invoices from CONSULTANT).
2. Periodic, written Feedback and Assessment Reports on the CITY's neighborhood
outreach efforts.
3. Based on situation assessments, prepare "draft" position papers and strategic
plans to assist CITY in its neighborhood outreach efforts.
4. Other written documentation as may, from time to time, be directed by the
Director of Industrial Development, or his designee.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
C. LEVEL OF SUPPORT COMMITMENT:
With this proposal, CONSULTANT is guaranteeing the availability of at least 125 hours
per month of CONSULTANT's time to support the CITY requirements.
D. PAYMENT:
All hours billed by CONSULTANT to CITY under this agreement will be invoiced at the
rate of $100.00 per hour. CONSULTANT agrees to deliver monthly invoices to CITY
on or before the 5th of each month, detailing the billings for the previous month of
service.
E. EXPENSE REIMBURSMENT:
Unless approved in advance by CITY, CONSULTANT shall pay all out of pocket
expenses, and shall not be entitled to reimbursement from CITY.
F. RIGHTS TO INFORMATION:
The information and insights discovered or identified by CONSULTANT in the conduct
of this consulting service to the CITY, shall be the sole property of CITY once the
associated invoice(s) has been paid by the CITY.
G. CONTINGENT SUPPORT:
Following execution of this Agreement, CITY will provide CONSULTANT with copies
of all available information describing CITY's position on topics of interest to the
surrounding community. As positions change or new topics emerge, CITY will continue
to provide CONSULTANT with information and records.
H. TERM / TERMINATION:
The term of this Agreement shall be for the period of one (1) year commencing on the
effective date noted in the first sentence of this agreement. Every year, on the
anniversary of the date this Agreement was entered into, this Agreement shall
automatically renew for an additional term of one (1) year, unless either party to this
Agreement notifies the other in writing to the contrary at least sixty (60) days prior to
the anniversary date.
Should CONSULTANT fail to provide the services identified in paragraph A and B, or
the support hours specified in paragraph C, CITY may terminate this Agreement for
cause, prior to expiration, by providing written notice to CONSULTANT.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
I. RELATIONSHIP OF PARTIES:
It is understood by the parties that CONSULTANT is an independent contractor with
respect to CITY, and not an employee of CITY. CONSULTANT shall not receive any
other compensation from the CITY or participate in or receive benefits under any of the
CITY's employee fringe benefit programs or receive any other fringe benefits from the
CITY on account of services hereunder (including without limitation health, disability,
life insurance, retirement, pension and profit sharing benefits), except for the amount set
forth in Paragraph E.
J. CONFLICTS OF INTEREST:
CONSULTANT agrees that, while supporting CITY under this agreement,
CONSULTANT will not knowingly undertake a consulting assignment that would
present a conflict of interest. If, despite CONSULTANT's best efforts, a conflict should
develop, CONSULTANT will take all available actions to remove it.
K. CONFIDENTIALITY:
CONSULTANT acknowledges that certain information relating to the management,
operation or planning of the CITY and generally determined to be confidential by CITY,
(the "Confidential Information") must be maintained as confidential by CITY, but that
access to and knowledge of such Confidential Information is essential to the performance
of CONSULTANT' duties hereunder. CONSULTANT agrees that all Confidential
Information heretofore or in the future obtained by CONSULTANT as a result of
CONSULTANT's relationship with the CITY shall be considered confidential. In
recognition of this fact, CONSULTANT agrees that he will not, during and after the
Consulting Period, disclose any such Confidential Information to any person or entity for
any reason or purpose whatsoever and he will not make use of any Confidential
Information for his own purposes or for the benefit of any other person or entity (except
the CITY), unless ordered to do so by a court with legal jurisdiction.
L. CONFIDENTIALITY AFTER TERMINATION:
The confidentiality provisions of this Agreement shall remain in full force and effect after
the termination of this Agreement.
M. RETURN OF RECORDS:
Upon termination of this Agreement, CONSULTANT shall deliver all records, notes,
data, and memoranda that are in CONSULTANT's possession or under
CONSULTANT's control and that are CITY's property.
N. ASSIGNMENT:
This Agreement shall not be assignable by either party.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
O. NOTICES:
Any notice required or permitted to be given under this Agreement shall be deemed
properly given if in writing and delivered by hand and receipt is acknowledged by the
party to whom said notice shall be directed, or if mailed by certified or registered mail,
postage prepaid with return receipt requested, or sent by express courier service, charges
prepaid by shipper, to the addresses of each party stated above (or to such other address
as a party is directed pursuant to written notice from the other party).
P. ENTIRE AGREEMENT:
This Agreement contains the entire agreement of the parties regarding the Services and
Deliverables described in Paragraphs A and B and there are no other promises or
conditions in any other agreement whether oral or written. This Agreement supersedes
any prior written or oral agreements between the parties.
Q. AMENDMENT:
This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
R. SEVERABILITY:
If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such provision shall
be deemed to be written, construed, and enforced as so limited.
S. WAIVER OF CONTRACTUAL RIGHT:
The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
T. APPLICABLE LAW:
This Agreement shall be governed by the laws of the State of California.
U. HEADINGS:
The headings of the Paragraphs are for convenience only and shall not control or affect
the meaning or construction or limit the scope or intent of any of the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
CONSULTANT:
Hector F. Elizalde date
3033 Malabar Street
Los Angeles, CA 90063
CITY:
Date
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
Manuela Giron, City Clerk
APPROVED AS TO FORM:
Jeff A. Harrison, City Attorney
CONSULTING SERVICES AGREEMENT
5
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 17, 2008
Hector F. Elizalde
3033 Malabar Street
Los Angeles, CA 90063
Re: Consulting Services Agreement
Dear Mr. Elizalde:
Transmitted herewith is a fully executed agreement as referenced
above, approved by City Council on March 3, 2008, through Resolution
No. 9567.
If you have any questions regarding this matter, please call Jeff
Harrison, at (323) 583-8811 ext. 173.
Very truly yours,
rid <
Nelly Giron
City Clerk
NG:dr
c: Resolution No. 9567
Agreement File No. 08-029
E,crusivefy Industriaf
CONSULTING SERVICES AGREEMENT
This Agreement is executed and made effective as of the lst day of April of 2008, by and
between Hector F. Elizalde, 3033 Malabar Street, Los Angeles, California 90063
("CONSULTANT"), and the City of Vernon, 4305 Santa Fe Ave., Vernon, California 90058
("CITY").
The CONSULTANT has a background in marketing and Latino community relations and is
willing to provide services to the CITY based on this background.
The CITY desires to retain the services of the CONSULTANT, under the terms and conditions
stated here under.
Therefore, the parties agree as follows:
A. DESCRIPTION OF SERVICES:
CONSULTANT will supply the following consulting services to the CITY as directed by
the Director of Industrial Development, or his designee:
1. CONSULTANT would be responsible for helping to promote a positive image of
Vernon in the surrounding communities.
2. CONSULTANT would become the CITY's liaison in Huntington Park,
Maywood, Boyle Heights and other nearby communities.
3. CONSULTANT would be expected to attend governmental meetings, NGO
meetings, and other organized events in the surrounding communities.
4. CONSULTANT will conduct individual meetings with neighboring community
and NGO leaders and learn their concerns and issues while educating them on the
CITY positions as necessary.
5. CONSULTANT will accumulate feedback and identify key "issues" of
individuals and groups in the surrounding communities.
6. CONSULTANT will provide the CITY with feedback and assessment of all
meetings.
B. DESCRIPTION OF DELIVERABLES:
CONSULTANT will supply the following written reports as deliverables under this
effort. In addition, CONSULTANT will, as required, participate in meetings with
representatives of the CITY and verbally convey the insights and knowledge acquired as
a result of this effort.
1. Written Weekly Activity reports summarizing the various contacts made and
information obtained during the week. (Reports would serve as basis for monthly
invoices from CONSULTANT).
2. Periodic, written Feedback and Assessment Reports on the CITY's neighborhood
outreach efforts.
3. Based on situation assessments, prepare "draft" position papers and strategic
plans to assist CITY in its neighborhood outreach efforts.
4. Other written documentation as may, from time to time, be directed by the
Director of Industrial Development, or his designee.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
C. LEVEL OF SUPPORT COMMITMENT:
With this proposal, CONSULTANT is guaranteeing the availability of at least 125 hours
per month of CONSULTANT's time to support the CITY requirements.
D. PAYMENT:
All hours billed by CONSULTANT to CITY under this agreement will be invoiced at the
rate of $100.00 per hour. CONSULTANT agrees to deliver monthly invoices to CITY
on or before the 51h of each month, detailing the billings for the previous month of
service.
E. EXPENSE REIMBURSMENT:
Unless approved in advance by CITY, CONSULTANT shall pay all out of pocket
expenses, and shall not be entitled to reimbursement from CITY.
F. RIGHTS TO INFORMATION:
The information and insights discovered or identified by CONSULTANT in the conduct
of this consulting service to the CITY, shall be the sole property of CITY once the
associated invoice(s) has been paid by the CITY.
G. CONTINGENT SUPPORT:
Following execution of this Agreement, CITY will provide CONSULTANT with copies
of all available information describing CITY's position on topics of interest to the
surrounding community. As positions change or new topics emerge, CITY will continue
to provide CONSULTANT with information and records.
H. TERM / TERMINATION:
The term of this Agreement shall be for the period of one (1) year commencing on the
effective date noted in the first sentence of this agreement. Every year, on the
anniversary of the date this Agreement was entered into, this Agreement shall
automatically renew for an additional term of one (1) year, unless either party to this
Agreement notifies the other in writing to the contrary at least sixty (60) days prior to
the anniversary date.
Should CONSULTANT fail to provide the services identified in paragraph A and B, or
the support hours specified in paragraph C, CITY may terminate this Agreement for
cause, prior to expiration, by providing written notice to CONSULTANT.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
I. RELATIONSHIP OF PARTIES:
It is understood by the parties that CONSULTANT is an independent contractor with
respect to CITY, and not an employee of CITY. CONSULTANT shall not receive any
other compensation from the CITY or participate in or receive benefits under any of the
CITY's employee fringe benefit programs or receive any other fringe benefits from the
CITY on account of services hereunder (including without limitation health, disability,
life insurance, retirement, pension and profit sharing benefits), except for the amount set
forth in Paragraph E.
J. CONFLICTS OF INTEREST:
CONSULTANT agrees that, while supporting CITY under this agreement,
CONSULTANT will not knowingly undertake a consulting assignment that would
present a conflict of interest. If, despite CONSULTANT's best efforts, a conflict should
develop, CONSULTANT will take all available actions to remove it.
K. CONFIDENTIALITY:
CONSULTANT acknowledges that certain information relating to the management,
operation or planning of the CITY and generally determined to be confidential by CITY,
(the "Confidential Information") must be maintained as confidential by CITY, but that
access to and knowledge of such Confidential Information is essential to the performance
of CONSULTANT' duties hereunder. CONSULTANT agrees that all Confidential
Information heretofore or in the future obtained by CONSULTANT as a result of
CONSULTANT's relationship with the CITY shall be considered confidential. In
recognition of this fact, CONSULTANT agrees that he will not, during and after the
Consulting Period, disclose any such Confidential Information to any person or entity for
any reason or purpose whatsoever and he will not make use of any Confidential
Information for his own purposes or for the benefit of any other person or entity (except
the CITY), unless ordered to do so by a court with legal jurisdiction.
L. CONFIDENTIALITY AFTER TERMINATION:
The confidentiality provisions of this Agreement shall remain in full force and effect after
the termination of this Agreement.
M. RETURN OF RECORDS:
Upon termination of this Agreement, CONSULTANT shall deliver all records, notes,
data, and memoranda that are in CONSULTANT's possession or under
CONSULTANT's control and that are CITY's property.
N. ASSIGNMENT:
This Agreement shall not be assignable by either party.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
O. NOTICES:
Any notice required or permitted to be given under this Agreement shall be deemed
properly given if in writing and delivered by hand and receipt is acknowledged by the
party to whom said notice shall be directed, or if mailed by certified or registered mail,
postage prepaid with return receipt requested, or sent by express courier service, charges
prepaid by shipper, to the addresses of each party stated above (or to such other address
as a party is directed pursuant to written notice from the other party).
P. ENTIRE AGREEMENT:
This Agreement contains the entire agreement of the parties regarding the Services and
Deliverables described in Paragraphs A and B and there are no other promises or
conditions in any other agreement whether oral or written. This Agreement supersedes
any prior written or oral agreements between the parties.
Q. AMENDMENT:
This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
R. SEVERABILITY:
If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such provision shall
be deemed to be written, construed, and enforced as so limited.
S. WAIVER OF CONTRACTUAL RIGHT:
The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT
T. APPLICABLE LAW:
This Agreement shall be governed by the laws of the State of California.
U. HEADINGS:
The headings of the Paragraphs are for convenience only and shall not control or affect
the meaning or construction or limit the scope or intent of any of the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
CONSULTANT: a4—_�e3
�.
Hector F. E ' alde da
3033 Malabar Street
Los Angeles, CA 90063
CITY:
Date
Name: Leonis C.-Malburg
Title: Mayor / 4MtgLR -ems
ATTEST:
C
Kfi
anuela Giron, C y 51erk
PROVED AS TO FORM:
I.
J41fq. H' frison, City Attorney
CONSULTING SERVICES AGREEMENT
5
COPY
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
RECEIVED
S E P 0 9 2009
.September 8, 2009
CITY CLERK'S OFFICE
Mr. Hector F. Elizalde
3033 Malabar Street
Los Angeles, California 90063
Subject: Notice of Non -Renewal
Dear Mr. Elizalde:
We refer to Consulting Services Agreement executed and made effective as of the 1st day
of April of 2008, by and between Hector F. Elizalde, 3033 Malabar Street, Los Angeles,
California 90063, and the City of Vernon, 4305 Santa Fe Avenue, Vernon, California
90058. Please accept this letter as our formal notice to you that we will not be renewing
the Consulting Services Agreement effective April 1, 2010.
I would like to personally thank you for all of your work on behalf of the City.
Very truly yours,
Donal O'Callagh _.
City Administrator
DO:rmt
cc: Larry Wiener
Nelly Giron r
EiCcCusivefy IndustriaC
Page 1 of 1
Giron, Nelly
From: Elizalde, Hector
Sent: Wednesday, September 09, 2009 9:14 AM
To: O'Callaghan, Donal
Cc: Giron, Nelly
Subject: Change of Address Notification
Hello Donal: Please up date your records to reflect my current mailing address and phone
number:
New Address: 152 South Utah Street, Los Angeles, CA 90033
Phone: 323-770-3100
Thank you.
Hector F. Elizalde
Public Affairs and Community Relations
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
323-583-8811 Ext. 224
323-399-9159 Cell
9/9/2009