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Resolution No. 100101 2 3 4 5 6 7 8 9 10 11 12 13 14 15672 IEv 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 10,010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON CANCELLING AND TERMINATING ALL AGREEMENTS WITH CAPE CANAVERAL POWER CONSULTANTS, CURTIS FRESCH, LTD. AND FREDDIE TAYLOR; AUTHORIZING THE DIRECTOR OF LIGHT & POWER TO HIRE A PROJECTS AND TECHNICAL SERVICES SUPPORT MANAGER, RENEWABLE ENERGY DEVELOPMENT MANAGER AND ADMINISTRATIVE AIDE ON AN HOURLY BASIS; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on January 5, 2009, the City Council of the City of Vernon adopted Resolution No 9806 approving a Consulting Service Agreement with Port Canaveral Power Consultants under which Peter Hervish would provide Projects and Technical Services Support Manager services (the "Hervish Agreement") as requested by the Director of Light & Power, for a period of three years at the rate of $145.00 per hour; and WHEREAS, on January 5, 2009, the City Council of the City of Vernon adopted Resolution No. 9807 approving a Consulting Service. Agreement with Curtis Fresch, Ltd. under which Curtis Fresch would provide Renewable Energy Development Manager services (the "Fresch Agreement") as requested by the Director of Light & Power, for a period of three years at the rate of $105.00 per hour; and WHEREAS, on February 2, 2009, the City Council of the City of Vernon adopted Resolution No. 9851 approving an Independent Contractor Agreement with Freddie Taylor for Administrative Aide services (the "Taylor Agreement") as requested by the City Administrator at the rate of $60.00 per hour, subject to 30 days written notice of termination; and WHEREAS, by memo dated July 1, 2009, the Director of Light & 1 Power has requested that the Hervish Agreement, the Fresch Agreement 2 and the Taylor Agreement be terminated; that the Director of Light:& 3 Power be authorized to employ Peter Hervish ("Hervish") as Technical 4 Services Support Manager on an as -needed basis at the hourly rate of 5 $180.00, Curtis Fresch ("Fresch") as Renewable Resource Manager on an 6 as -needed basis at the rate of $160.00 per hour and Freddie Taylor 7 ("Taylor") as Administrative Aide on an as -needed basis at an rate of 8 $60 per hour; and 9 WHEREAS, the Director of Light & Power has also requested 10 that he be authorized to expend an estimated budget amount not to 11 exceed $380,000.00 for the services of Hervish, Fresch and Taylor for 12 the balance of the 2009 year; and 13 WHEREAS, the Director of Light & Power has indicated that 14 Hervish, Fresch and Taylor have all agreed to cancel their respective 15 agreements and to waive any notice of termination in exchange for 16 receiving work from the Light & Power Department on a temporary hourly 17 basis at rates higher than their original contract price. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 19 CITY OF VERNON AS FOLLOWS: 20 SECTION 1: The City Council of the City of Vernon hereby 21 finds and determines that the recitals contained hereinabove are true 22 and correct. 23 SECTION 2: The City Council of the City of Vernon hereby 24 dissolves, cancels and terminates the Hervish Agreement, the Fresch 25 Agreement and the Taylor Agreement effective immediately. 26 SECTION 3: The City Council of the City of Vernon hereby 27 authorizes the Director of Light & Power to employ Hervish as 28 Technical Services Support Manager at the rate of $180.00 per hour, 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 day-to-day, as needed, on an hourly basis. SECTION 4: The City Council of the City of Vernon hereby authorizes the Director of Light & Power to employ Fresch as Renewable Resource Manager at the rate of $160.00 per hour, day-to-day, as needed, on an hourly basis. SECTION 5: The City Council of the City of Vernon hereby authorizes the Director of Light & Power to employ Taylor as the Administrative Aide at the rate of $60.00 per hour, day-to-day, as needed, on an hourly basis. SECTION 6: The City Council of the City of Vernon hereby authorizes the Director of Light & Power to expend an estimated budget amount not to exceed $380,000 for Hervish, Fresch and Taylor for the balance of the 2009 year. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 8: 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 6th day of July, 2009. ATTEST: MANUELA GIROIT, C}ty Clerk 11 Hilario Gonzales Name: Title: Mayor / Mayor Pro-Tem 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. 10,010, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 6, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GIRON, City Clerk - 4 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 21, 2009 TO: Rory Burnett, Finance Director Masami Higa, Internal Control Manager/Controller Joaquin Leon, Deputy City Treasurer Donal O'Callaghan, City Administrator/Director of Light & Power FRO Nelly Giron, City Clerk RE: Resolution No. 10,010 — A Resolution of the City Council of the City of Vernon Cancelling and Terminating All Agreements With Cape Canaveral Power Consultants, Curtis Fresch; . LTD. And Freddie Taylor; Authorizing the Director of Light & Power to Hire a Projects and Technical Services Support Manager, Renewable Energy Development Manager and Administrative Aide on an Hourly Basis; and Repealing All Resolutions or Parts of Resolutions in Conflict Therewith, Transmitted herewith is a copy of Resolution No. 10,010 referenced above, which was approved by City Council on July 6, 2009. Thank You. NG:dj c: Purchasing Department Resolution Nos. 9806, 9807, 9851 RECEIVED J U L 0 1 2009 APPROVED JUL. 6 '09 CITY Coui'r',, CITY CLERKS OFFICE STAFF REPORT CITY ADMINISTRATION K 61—S'TRUT Oi l DATE: July 1, 2009 __ .---- TO: Honorable Mayor and City Council FROM: Donal O'Callaghan, City Administrator RE: Cancellation of Independent Contractor Positions of Peter Hervish; Projects and Technical Services Support Manager; Curtis Fresch, Renewable Energy Development Manager; and Freddie Taylor, Administrative Aide In the current economic times, the City and the Light & Power Director needs maximum flexibility in the, utilization of human resources. The three independent contractors at issue in the recommended Council action, have all agreed to cancel and forego their contracts for various time periods of up to three years in exchange for receiving work from the City's Light & Power Department on a temporary hourly basis higher than their original contract price. DO:rmt Monday, July 6tn; Resolution of City Council etc ...... cancelling contracts by and between City of Vernon and individually between Peter Hervish; Curtis Fresch; and Freddie Taylor; authorizing the Director of Light & Power to hire on an hourly basis a Projects and Technical Services Support Manager, Renewable Energy Development Manager; and Administrative Aide. Whereas, the City of Vernon currently has individual contracts for term with Peter Hervish, Curtis Fresch and Freddie Taylor as independent contractors; acting as Projects and Technical Services Support Manager, Renewable Energy Development Manager, and Administrative Aide. Whereas, the City desires to cancel said contracts and authorize the Director of Light & Power to employ said Projects and Technical Services Support Manager, Renewable Energy Development Manager, and Administrative Aide on an as needed basis, at an hourly rate, and etc... NOW THEREFORE: The finds and determines that above is true and correct. 2. The City Council authorizes the Director of Light & Power to employ Peter Hervish, as Technical Services Support Manager at the rate of $180 per hour; Curtis Fresch as Renewable Resource Manager at the rate of $160 per hour; and Freddie Taylor, as the Administrative Aide at the rate of $60 per hour, day to day, as needed, on an hourly basis. 3. The City Council authorizes the Light & Power Director to expend an estimated budget amount not to exceed $380,000 for all three positions for the balance of the 2009 year. etc, etc..... RESOLUTION NO. 2010-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RESCINDING RESOLUTION NO. 10,010 WHEREAS, on July 6, 2009, the City Council of,the City of Vernon adopted Resolution No. 10,010, thereby cancelling and terminating all Agreements with Cape Canaveral Power Consultants, Curtis Fresch, Ltd. and Freddie Taylor; and authorizing the Director of Light & Power to hire a Projects and Technical Services Support Manager, Renewable Energy Development Manager and Administrative Aide on an hourly basis; and WHEREAS, the City Council of the City of Vernon desires to i rescind Resolution No. 10,010. 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 does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby rescinds Resolution No. 10,010 in its entirety. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the'City of Vernon shall cause this resolution and - the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of December, 2010. ATTEST r Wi la d G. Yam g chi, ity Clerk Z'd &- --dz' Name: Hilario Gonzales Title: Mayor /f or Pro,—Tem- = _2_ STATE OF.CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-178, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, December 6, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Temm of the City of Vernon. Executed this day of December, 2010, at Vernon, California. W llard V ma u hi, City Clerk (SEAL) - 3 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 13, 2010 TO: Mark Whitworth, City Administrator/Fire Chief FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2010-178 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No. 10,010 Transmitted herewith is a copy of Resolution No. 2010-178 referenced above, which was approved by City Council on December 6, 2010. Thank you. WY:dj Attachment c: farina Rueda Martha Valenzuela Resolution Nos. 2010-178, 10,010 I i STAFF REPORT CITY ADMINISTRATION DATE:, December 1, 2010 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Rescind Resolution No.10,010 On July 6, 2009, Resolution No. 10,010 was adopted, which authorized, among other things, the Director of Light & Power to employ Peter Hervish, Curtis Fresch; and Freddie Taylor to provide certain services at certain hourly rates on an as -needed basis. Whereas certain modifications to the employment status of the aforementioned individuals have been made or are being considered,. it is recommended that Resolution No. 10,010 be rescinded, in order to avoid potential conflicts with respect to the employment or utilization of the services of Peter Hervish, Curtis Fresch; and Freddie Taylor.