Resolution No. 97041
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RESOLUTION NO. 9704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING.THE EXECUTION OF A
LETTER AGREEMENT BY AND BETWEEN THE CITY OF VERNON
AND MCCABE & COMPANY FOR CONSULTING AND ADVOCACY
SERVICES
WHEREAS, the City of Vernon desires to retain the services
of a public advocacy consultant to assist the City with matters
involving the State Legislature and/or the Governor (the "Services");
and
WHEREAS, the City has determined that McCabe & Company
("McCabe"), a government affairs consulting firm, 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 McCabe 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 Letter Agreement with McCabe for the Services, in
substantially the same form as the copy which is attached hereto as
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Exhibit A and incorporated by reference.
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SECTION 3: The City Council of the City of
Vernon hereby
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authorizes the Mayor or Mayor Pro-Tem to execute said
Letter Agreement
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for, and on behalf of, the City of Vernon and the City
Clerk is hereby
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authorized to attest thereto.
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SECTION 4: The City Council of the City of
Vernon hereby
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directs the City Clerk, or her designee, to send a fully
executed
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Letter Agreement and a check for Twenty -Five Thousand
Dollars and No
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Cents ($25,000.00) to:
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McCabe & Company
Attn. Susan McCabe
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122 Voyage Mall
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Marina Del Rey, CA 90292
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SECTION 5: The City Council of the City of
Vernon hereby
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authorizes the City Administrator, or his designee, to
make whatever
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nonsubstantive, administrative and/or text changes, upon
advice of
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counsel, to the Agreement.
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SECTION 6: The City Council of the City of
Vernon hereby
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authorizes the City Administrator, or his designee, to
take any action
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deemed necessary to carry out or to perform such other
acts and deeds
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as may be necessary or convenient to effect the purposes
of this
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Resolution and the transactions herein authorized.
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1 SECTION 7: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 8Tx day of September, 2008.
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Name: Leonis C. Malburg
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Title: Mayor / May -Lc Pre-Te
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9 ATTEST:
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11 MA14UEtA GIRON, -ty Clerk
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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. 9704, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, September 8, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA G RON, City Clerk
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EXHIBIT A
MCCABE & COMPANY
Government Affairs Consulting
1121 L STREET, SUITE 100
SAcRwEmo, CA 95814
(916) 553-4088
FAX (916) 553-4089
July 26, 2008
Mr. George Mihlsten
Latham & Watkins
355 S. Grand Avenue, Suite 100
Los Angeles, CA 90071
Dear George:
122 VOYAGE MALL
MARINA DEL REY, CA 90292
(310) 821-1004
FAX(310) 821-7004
By E-mail: george.mihlsten@lw.com
I enjoyed meeting with you and Jeff Harrison last week on the City of Vernon's (City)
proposed Southeast Region Energy Project (Project). I'm very impressed with the
consulting team you've assembled and the significant support you've achieved for this
excellent project. I'm pleased to provide you a proposal for consulting and advocacy
services on behalf of the City relating to the Schwarzenegger Administration, specifically
the Governor's office, the Resources Agency, and the California Energy Commission
(CEC), with regard to obtaining CEC approval of the Project. McCabe & Company
would agree to register as a lobbyist on behalf of the City and abide by all requirements
of the Political Reform Act. The City would agree to register as a lobbyist employer of
McCabe & Company and abide by all requirements of the Political Reform Act.
SCOPE OF WORK
The scope of work provided by McCabe & Company would include advocacy within the
Governor's office, Resources Agency, and the CEC to obtain approval of the Project at
the CEC. Tasks would include, but not be limited to, developing a thorough
understanding of the project specifics and history; coordination with the City and its
consulting team to develop an effective strategy; communications with appropriate staff
in the Governor's office, including the Chief of Staff and Cabinet Secretary;
communications with and advocacy of the Resources Agency, and CEC; and other tasks
related to advocacy of the Project as requested.
FEES
McCabe & Company would charge a monthly retainer of $25,000.00 for services
provided in this proposal. Services would commence upon signature of an agreement and
would extend through the month in which the Project is acted upon by the CEC. Services
for the first month would be prorated from the commencement date of the agreement.
Fees would be due prospectively on the first of each month upon receipt of an invoice.
Additionally, the City of Vernon would agree to reimburse McCabe & Company for all
2
reasonable and necessary expenses incurred on its behalf. The agreement would be
cancellable by either party upon receipt of a 30-day notice of termination.
Thanks again for your consideration of us. I look forward to hearing from you.
Sincerely,
j"K?/�—
Susan McCabe
ATTEST:
CITY OF VERNON
BY:
MANUELA GIRON, City Clerk NAME:
APPROVED AS TO FORM:
TITLE: MAYOR / MAYOR PRO-TEM
DATE:
JEFF A. HARRISON, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 18, 2008
Ms. Susan McCabe
McCabe & Company
122 Voyage Mall
Marina Del Rey, CA 90292
Re: Letter Agreement - Consulting and Advocacy Services
Dear Ms. McCabe
Transmitted herewith is Check No. 322169 in the amount of
$25,000.00 and a fully executed letter agreement as referenced
above, approved by the City Council of the City of Vernon on
September 8, 2008, through Resolution No. 9704.
If you have any questions regarding this matter, please call Mr.
Jeff Harrison at (323) 583-8811 ext. 173.
Very truly yours,
(z--e
N 1y r n
City Clerk
NG:dr
c: Resolution No. 9704
Agreement File No. 08-084
E,�clusivefy Industriaf
MCCABE & COMPANY
Government Affairs Consulting
1121 L STREET, SUITE 100
SACRAMENTO, CA 95814
(916) 553-4088
FAX (916) 553-4089
July 26, 2008
Mr. George Mihlsten
Latham & Watkins
355 S. Grand Avenue, Suite 100
Los Angeles, CA 90071
Dear George:
122 VOYAGE MALL
MARINA DEL REY, CA 90292
(310) 821-1004
FAX (310) 821-7004
By E-mail: george.mihlsten@lw.com
I enjoyed meeting with you and Jeff Harrison last week on the City of Vernon's (City)
proposed Southeast Region Energy Project (Project). I'm very impressed with the
consulting team you've assembled and the significant support you've achieved for this
excellent project. I'm pleased to provide you a proposal for consulting and advocacy
services on behalf of the City relating to the Schwarzenegger Administration, specifically
the Governor's office, the Resources Agency, and the California Energy Commission
(CEC), with regard to obtaining CEC approval of the Project. McCabe & Company
would agree to register as a lobbyist on behalf of the City and abide by all requirements
of the Political Reform Act. The City would agree to register as a lobbyist employer of
McCabe & Company and abide by all requirements of the Political Reform Act.
SCOPE OF WORK
The scope of work provided by McCabe & Company would include advocacy within the
Governor's office, Resources Agency, and the CEC to obtain approval of the Project at
the CEC. Tasks would include, but not be limited to, developing a thorough
understanding of the project specifics and history; coordination with the City and its
consulting team to develop an effective strategy; communications with appropriate staff
in the Governor's office, including the Chief of Staff and Cabinet Secretary;'
communications with and advocacy of the Resources Agency, and CEC; and other tasks
related to advocacy of the Project as requested.
FEES
McCabe & Company would charge a monthly retainer of $25,000.00 for services
provided in this proposal. Services would commence upon signature of an agreement and
would extend through the month in which the Project is acted upon by the CEC. Services
for the first month would be prorated from the commencement date of the agreement.
Fees would be due prospectively on the first of each month upon receipt of an invoice.
Additionally, the City of Vernon would agree to reimburse McCabe & Company for all
2
reasonable and necessary expenses incurred on its behalf. The agreement would be
cancellable by either party upon receipt of a 30-day notice of termination.
Thanks again for your consideration of us. I look forward to hearing from you.
Sincerely,
f�
, JI//
Susan McCabe
A ST:
1MANUELA GIRON, ty lerk
APPROVED AK) TO FORM:
A. gRRISON, City Attorney
CITY OF VERNON
NAME: Leonis C. Malburg
TITLE: MAYOR /, -
DATE:
CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 322169
PLEASE DETACH BEFORE DEPOSITING
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
VIA FedEx
November 4, 2009
McCabe & Company
122 Voyage Mall
Marina Del Rey,. California 90292
Attention: Ms. Susan McCabe
Re: Notice of Termination
We refer to the Letter Agreement entered into as of July 26, 2008, between you and the
City of Vernon. Please accept this letter as our 30-day written notice to you that we are
terminating the Letter Agreement.
I would like to personally thank you for all of the services you performed on behalf of the
City.
Very truly yours,
Donal O'Callaghan
City Administrator
DO:rmt
cc: Laurence S. Wiener, City Attorney
Manuela Giron, City Clerk
E(clusivefy Industrial
it `lr.
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
VIA FedEx
November 4, 2009
McCabe & Company
122 Voyage Mall
Marina Del Rey, California 90292
Attention: Ms. Susan McCabe
Re: Notice of Termination
We refer to the Letter Agreement entered into as of July 26, 2008, between you and the
City of Vernon. Please accept this letter as our 30-day written notice to you that we are
terminating the Letter Agreement.
I would like to personally thank you for all of the services you performed on behalf of the
City.
Very truly yours,
DO:rmt
cc: Laurence S. Wiener, City Attorney
Manuela Diron, City Clerk
E.Xclusively Industria(