Resolution No. 5847
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RESOLUTION NO. 5847
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND HARMONY &
ASSOCIATES PROVIDING FOR NEWSLETTER
PREPARATION SERVICES
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7 WHEREAS, The City of Vernon desires to publish a City
8 Newsletter as part of the City's pUblic relations program; and
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WHEREAS, the City of Vernon and Harmony & Associates
10 wish to enter into an agreement to provide for the Newsletter
11 preparation services.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
13 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon
15 hereby finds and determines that the recitals contained
16 hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
18 hereby approves the agreement for Newsletter preparation
19 services, a copy of which has been presented to the City Council
20 concurrently with this resolution and the City Council hereby
21 orders said Agreement to be received and filed by the city
22 Clerk.
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SECTION 3: The City Council of the City of Vernon
24 hereby authorizes the Mayor and the City Clerk to execute said
25 Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: 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.
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APPROVED AND ADOPTED this 6th day of November, 1990.
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ATTEST. ~
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BRUCE V. MALKENHORST, C1ty Clerk
Pro Tem
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5847, was duly adopted by the city Council of the
6 Ci ty of Vernon at a regular meeting of the City Council duly
7 held on Tuesday, November 6, 1990, and thereafter duly signed by
8 the Mayor of the City of Vernon.
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11 BRUCE V. MALKENHORST, city Clerk
12 (SEAL)
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"EXECUTION COPY"
AGREEMENT FOR PROFESSIONAL SERVICES
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GREEMEN""" FOR P~~"""=SS~~'~!'" SERVICES
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4 entered into this <Z ~h day of ~\}Q(\\.lJ.f'(, 1990
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THE CITY OF VERNON, a Municipal
Corporation, hereinafter referred
to as I1CITYI1,
BY AND BETWEEN
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HARMONY & ASSOCIATES, a sole
proprietorship, hereinafter
referred to as I1CONSULTANT".
AND
WIT N E SSE T H:
WHEREAS, CITY desires to publish a City newsletter as
part of the CITY's public relations program; and
WHEREAS, CONSULTANT has proposed to provide newsletter
preparation services to CITY.
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:
1. SERVICES TO BE PROVIDED AND COMPENSATION
A. CONSULTANT shall provide a specialized masthead and
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Newsletter format design at a one-time cost of $1,600.00, to be
billed upon delivery of designs and approval by CITY.
B. CONSULTANT shall provide Newsletter editorial and
writing production at a charge of $35.00 per hour. Charges for
CONSULTANT's editorial and writing services shall not exceed
$3,500.00 per Newsletter without prior authorization from CITY
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1 staff. CONSULTANT shall submit written invoices on such charges
2 to CITY on a monthly schedule. All billing shall be based upon
3 actual time and material spent. Invoices shall reflect hours
4 expended and fully describe the nature of all charges.
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C.
CONSULTANT shall provide the typesetting of four
6 (4) Newsletter pages, II" x 14" size, at a total cost of $400.00
7 per issue, to be billed upon delivery of a completed layout to
8 the printer. "Per issue" shall mean 2,500 copies.
9 D. CONSULTANT shall provide for the mailing of each
10 Newsletter issue at a total cost of $150.00 per issue, to be
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billed upon delivery to a U. S. Post Office.
Such mailing by
12 CONSULTANT shall include the cost of all bundling and
13 preparation for mailing of all copies of the Newsletter.
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However, it shall not include the cost of postage.
CITY shall
15 use its own Bulk Mail Permit and be responsible for developing a
16 Master Mailing List for such mailing.
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E. Printing costs shall be based upon 2,500 copies per
18 issue and the number of colors used. The number of colors to be
19 used shall be determined by CITY staff on a per-issue basis.
20 Printing costs shall be charged in accordance with CONSULTANT's
21 proposal to CITY dated August 29, 1990.
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23 procedure.
F. Payment shall be made through CITY's normal demand
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2. EFFECTIVE DATE
The effective date of this agreement is -1Jb1)Q.t~
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, and shall continue in effect until terminated
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3. TERMINATION
CITY or CONSULTANT may terminate this agreement at any
time, with or without cause, upon seven (7) days written notice
to the other party.
4 . AMENDMENT
The terms and conditions of this agreement can only be
amended by a written agreement between the parties hereto.
5. ASSIGNMENT
Neither the CITY nor CONSULTANT shall assign or
transfer its interest in this agreement.
6. COMPLIANCE WITH APPLICABLE LAWS
In the performance of this agreement, CONSULTANT shall
abide by and conform to any and all applicable laws of the
united States, the State of California (including but not
limited to the Government Code and FPPC Regulations on Mass
Mailings), and ordinances, regulations, and policies of the
CITY.
7. CAPACITY AS INDEPENDENT CONTRACTOR
Performance of CONSULTANT'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 CONSULTANT by CITY pursuant to Section
1 of this agreement, CONSULTANT 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
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benefits and CONSULTANT agrees that he shall not sue or file a
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claim, petition, or application therefore against CITY or any of
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CITY's officers, employees, agents, representatives, or
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sureties.
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8. NOTICES
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Notices and communications concerning this Agreement
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shall be sent to the following addresses:
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CITY:
CITY OF VERNON
ATTENTION: CITY ADMINISTRATORICITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CONSULTANT:
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CLAIR WM. HARMONY, PRES.
HARMONY & ASSOCIATES
P. o. BOX 4153
DIAMOND BAR, CA 91765
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9. HOLD HARMLESS
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CONSULTANT agrees to indemnify, defend and hold
20 harmless CITY, its off icers, agents, employees, and
21 representatives for damage to property and for injury to or
22 death of any person and from all claims, demands, actions, in
23 connection with CONSULTANT's negligent acts and omissions or
24 willful misconduct in the performance of this Agreement, except
25 that CONSULTANT shall not be responsible for the sole negligence
26 of CITY, its officers, agents, employees and representatives.
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10. OWNERSHIP OF WORK PRODUCT DOCUMENTS
All writings, documents, proofs, and designs prepared
by CONSULTANT in connection with or as a result of services
performed for CITY pursuant to this agreement shall be and
remain the property of CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the month, day and year first
written above.
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BRUCE V.
CITY OF VERNON
BY--?' ~--~ ?t. l//'-ttnna. (/
~ A. YB~, Mayor Pro Tem
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CLAIR WM. HARMONY, PR
HARMONY & ASSOCIATES,
Consultant
APPROVED AS TO FORM:
Dl)~ tf~~ Attorney
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