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Resolution No. 5798 1 RESOLUTION NO. 5798 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CONTRACTUAL SERVICES BETWEEN THE CITY OF VERNON AND STANLEY C. HENSLEE 3 4 5 6 7 WHEREAS, the City has a need for the services of Stanley C. Henslee in a consulting capacity to perform certain 8 auditing services in relation to business license records; and 9 10 11 12 WHEREAS, Stanley C. Henslee has agreed to provide said consulting services in accordance with the scope of work to be provided by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 13 14 SECTION 1: The City Council of the City of Vernon 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Agreement for Contractual Services, a copy of which has been presented to the city Council concurrently with this resolution and the City Council hereby orders said Agreement to be received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. III III III III 1 2 '\. certify to the passage of this resolution and thereupon and SECTION 4: The City Clerk of the City of Vernon shall 3 4 thereafter the same shall be in full force and effect. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 6 7 8 ATTEST: d BRUCE V. 9 APPROVED AND ADOPTED this 17th day of July, 1990. ~~4~ THOMAS A. YB ,Mayor Pro Tem -2- " ..,. 1 2 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of 3 4 Vernon, do hereby certify that the foregoing Resolution, being 5 6 7 Resolution No. 5798, was duly adopted by the city Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 17, 1990. and thereafter duly signed by 8 the Mayor of the City of Vernon. 9 10 11 ~~ BRUCE V. MALKENHORST, City Clerk 12 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- If ..t --.- .( ~~ ,~r; : (EXECUTION COPY] AGREEMENT FOR CONTRACTUAL SERVICES THIS AGREEMENT FOR CONTRACTUAL SERVICES is made and 5 entered into this ____ day of , 1990 6 7 BY AND BETWEEN THE CITY OF VERNON, a Municipal corporation, hereinafter referred to as "CITY", 8 9 10 AND STANLEY C. HENSLEE, an individual, hereinafter referred to as "CONTRACTOR". 11 12 13 14 WIT N E SSE T H: WHEREAS, CITY is in need of certain services for a 15 16 limited duration in connection with the auditing of its business license records in the city Clerk's Department; and 17 WHEREAS, CONTRACTOR has experience, knowledge and 18 skills in performing such services. 19 20 21 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 22 23 1. SERVICES TO BE PROVIDED CONTRACTOR agrees to perform consulting services for 24 CITY as required, directed and specified by CITY's city 25 26 Administrator who shall establish CONTRACTOR's scope of work. CONTRACTOR agrees to perform the services required herein and as required by the scope of work in a diligent and 27 28 professional manner. . :c-:.. 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 2. COMPENSATION CITY shall pay CONTRACTOR as consideration for work satisfactorily performed pursuant to this agreement at the hourly rate of SEVENTY-FIVE DOLLARS ($75.00) per hour payable every two weeks after submission of written invoice submitted by CONTRACTOR and approved by the City Administrator. 3. TERM The term of this agreement shall be from July 17, 1990 through and including December 31, 1990. The term of this agreement may be extended only by written amendment to this agreement duly executed by both parties. 4. WORK SCHEDULE Each CONTRACTOR work day shall consist mutually agreed to between CONTRACTOR and Administrator. of hours the City 5. LOCATION OF CONTRACTOR'S WORK Unless otherwise approved in advance by the City Administrator, all of CONTRACTOR'S work shall be performed at the Vernon City Hall, located at 4305 Santa Fe Avenue, vernon, California. 6. AMENDMENT The terms and conditions of this agreement can only be amended by a written agreement between the parties hereto. 7. ASSIGNMENT Neither the CITY nor the CONTRACTOR shall assign or transfer its interest in this agreement. III -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 8. TERMINATION At its sole discretion, the City may terminate or cancel this agreement at any time for any reason, upon five (5) days written notice to CONTRACTOR. In the event of termination, CONTRACTOR shall forthwith turn over to CITY all work product, documents, records and writings of whatsoever nature in connection with work performed pursuant to or in connection with this agreement. CONTRACTOR may terminate or cancel this agreement at any time for any reason at the expiration of a specific assignment upon ten (10) days written notice to the CITY. 9. COMPLIANCE WITH APPLICABLE LAWS In the performance of this agreement, CONTRACTOR shall abide by and conform to any and all applicable laws of the united States, the State of California, and ordinances, regulations, and policies of the CITY. 10. CAPACITY AS INDEPENDENT CONTRACTOR Performance of CONTRACTOR's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent or employee of the CITY. In consideration for the compensation paid to CONTRACTOR by CITY pursuant to section 2 of this agreement, CONTRACTOR agrees that CITY, its officers, employees, agents, representatives and sureties shall not be liable or responsible for any benefits, including but not limited to, worker's compensation, disability, retirement, life insurance, unemployment insurance, health or any other insurance benefits and CONTRACTOR agrees that he shall not sue or file a -3- . III' .* 1 claim, petition, or application therefore against CITY or any of 2 3 CITY's officers, employees, agents, representatives, or sureties. 4 5 6 11 NOTICES Notices and communications concerning this Agreement shall be sent to the following addresses: 7 8 CITY: 9 CITY OF VERNON ATTENTION: CITY ADMINISTRATOR/CITY CLERK 4305 SANTA FE AVENUE VERNON, CA 90058-0805 10 11 CONTRACTOR: 12 13 14 STANLEY C. HENSLEE 577 N. SYCAMORE AVENUE P.O. BOX 4305 FULLERTON, CA 92634 15 16 17 12. HOLD HARMLESS CONTRACTOR agrees to indemnify, defend and hold 18 harmless CITY, its off icers, agents, employees, and 19 representatives for damage to property and for injury to or 20 death of any person and from all claims, demands, actions, in 21 connection with CONTRACTOR's negligent acts and omissions or 22 willful misconduct in the performance of this Agreement, except 23 that CONTRACTOR shall not be responsible for the sole negligence 24 of CITY, its officers, agents, employees and representatives. 25 13. OWNERSHIP OF WORK PRODUCT DOCUMENTS 26 All writings, documents and records prepared, received, 27 or maintained by CONTRACTOR in connection with or as a result of 28 -4- . . . ... ~ 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 services performed for CITY shall be and remain the property of CITY. 14. EXTRA SERVICES No extra services beyond the scope of this agreement shall be rendered by CONTRACTOR unless such extra services shall be authorized in writing by the City Administrator of the CITY or his designee. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the month, day and year first written above. CITY OF VERNON BY THOMAS A. YBARRA, Mayor Pro Tem ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: '\)~~I\)~ DAVID B. BREAlti.E:Y; c ty Attorney -5-