Resolution No. 6314
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, ,
1
RESOLUTION NO. 6314
2
to a hearing examiner for
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A HEARING EXAMINER AGREEMENT BY AND BETWEEN
THE CITY OF VERNON AND LLOYD B. CARTER
RESPECTING THE DISPOSITION OF CONTESTED
PARKING/STANDING VIOLATIONS IN COMPLIANCE WITH
THE VEHICLE CODE OF THE STATE OF CALIFORNIA
4
5
6
40200 of the Vehicle Code of the State of
7
California
that parking and standing violations shall be
8
subject to c viI penalties and not criminal penalties; and
9
S, such violations initially will be handled by
administrative
ocedure, and not by court hearing, and an appeal
to ~ 40215 of the Vehicle Code of the State of
administrative review
WHEREAS, the
Council desires the hearing examiner to
conduct administrative he rings and examine witnesses under oath;
and
WHEREAS, the City de ires to hire Lloyd B. Carter to
serve as a hearing examiner for the purpose of providing the
hearing and disposition of contes d parking/standing citations in
compliance with the Vehicle Code of ~he State of California; and
WHEREAS, Lloyd B. Carter has ~he specialized knowledge
and professional skills of a person pre 'ously trained in traffic
impartial manner.
enforcement and is fully qualified to per
required by the city as specified in the He
Agreement in order to ensure the effective and
adjudication of parking and standing citations
and
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
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 Hearing Examiner Agreement, 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 City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council hereby authorizes the
hearing examiner to conduct hearings on appeals from parking and
standing citations, to swear in witnesses under penalty of
perjury, and to take and record the testimony of such witnesses.
SECTION 5: 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 7th day of September, 1993.
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-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
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6314, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, September 7. 1993, and thereafter was duly signed by
the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, city Clerk
(SEAL)
-3-
HEARING EXAMINER AGREEMENT
THIS AGREEMENT is made, entered into and executed in
duplic te originals, either copy of which may be considered and used
as
for all purposes, effective as of the 1st day
of
, 1993.
BY
THE CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND
LLOYD B. CARTER (hereinafter
referred to as "Contractor")
2658 Renz Circle
Fullerton, CA 92633
(714) 526-4521
WHEREAS, pursuant
40200 of the Vehicle Code of
the State of California, parking and standing violations have been
declared to be subject to civil
and not criminal
penalties; and
WHEREAS, such violations
will be handled by
administrative procedure, and not by court hea 'ng, and an appeal
therefrom, pursuant to Section 40215 of the Veh cle Code of the
State of California, will be referred to a hear in examiner for
WHEREAS, the position of hearing examiner
the
administrative review; and
specialized knowledge and professional skills of a person previously
trained in traffic enforcement in order to ensure the ef
efficient adjudication of parking and standing
and impartial manner, and the Contractor is
,
,
\
perform the services required by the City, as hereinafter spe~ified;
"
and
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
WHEREAS, it is the desire of the City to hire the
Contractor as a hearing examiner for the purpose of providing the
hearing and disposition of contested parking/standing citations in
compliance with the Vehicle Code of the State of California.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: Scope of Services.
The services to be provided are described in the Scope of
Services for Hearings attached hereto as Exhibit A, and made a part
hereof by reference.
SECTION 2: Performance.
The Contractor agrees that all services provided shall be
conducted solely by the Contractor and that services will performed
and rendered diligently in conformance to the City of Vernon
procedure for hearings with regard to parking and standing citations
as approved by the City Council of the City of Vernon.
SECTION 3: Independent Contractor.
(a) The Contractor is an independent contractor and shall
have no power or authority to incur any debt, obligation or
liabili ty on behalf of the City. No act or omission of the
Contractor in the course of performing any services under this
Agreement shall be deemed or construed to make the Contractor an
agent, employee, associate, partner or joint venturer of the City.
The Contractor's services hereunder shall be performed in such
manner as the Contractor may, in the exercise of reasonable
discretion, deem appropriate and beneficial for the City. The
Contractor shall be responsible for determining the means and
methods for performing the services required hereunder.
-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
(b) The Contractor shall not be eligible for, nor claim
any benefits under, the Public Employee's Retirement System, State
Unemployment Insurance, Disability Insurance, Workers' Compensation
Insurance, or other benefits through the City as such benefits are
commonly conferred upon employees of the City; provided, however,
that nothing contained herein shall be deemed to affect any benefits
which may have accrued to the Contractor while employed by any other
public or private employer, whether prior to or after the effective
date of this Agreement.
(c) Nothing contained in this Agreement shall be deemed to
preclude the Contractor from performing services of the nature
specified herein, or any other services, for other public agencies
or private entities.
(d) In performing the services required hereunder, the
Contractor will provide his own vehicle at no additional expense to
the city.
SECTION 4: Contractor's Compensation.
(a) The compensation to be paid by the City to the
Contractor for all services rendered pursuant to this Agreement
shall be the sum of Fifteen Dollars ($15.00) per hour; provided,
however, that the number of hours per month shall be not less than
two (2) nor more than eight (8) unless authorized in advance by the
city.
(b) The Contractor shall have sole responsibility for
reporting to the State and Federal governmeJ'lts all compensation
received as a result of the services performed hereunder. The City
shall have no responsibility for submitting reports for income tax
purposes.
-3-
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
(c) The Contractor shall submit written invoices for
payment by the City giving the details and number of hours for each
case heard.
SECTION 5: Term of Aqreement.
(a) This Agreement shall become effective upon the date of
execution and shall remain in full force and effect for a period of
one (1) year, subject to the termination provisions set forth below
in paragraph (b). This Agreement may be extended on an annual basis
by written agreement of the parties.
(b) Either party may terminate this Agreement at any time
upon providing the other party with not less than thirty (30) days
prior written notice, unless a shorter period is acceptable to both
parties; provided that, except in case of an emergency, no
termination by the Contractor shall be effective until all continued
hearings have been completed.
SECTION 6: Indemnification and Insurance.
(a) The Contractor shall defend, indemnify and hold
harmless the City , its off icers, agents and employees, from and
against any liability, claims, demands, damages, suits, causes of
action, losses, costs or expenses including, but not limited to,
court costs and attorneys' fees, arising out of or attributable to
the Contractor's performance of this Agreement.
(b) The Contractor shall, during the term of this
Agreement, procure and maintain insurance and provide proof thereof
in accordance with the following schedule:
(i) Worker's compensation insurance coverage as
prescribed by the State of California.
(ii) Comprehensive general liability policy to
-4-
1 include errors and omissions coverage with $500,000 single limit
2 liability.
3 (c) The Contractor shall furnish the City with
4 certificates of insurance, evidencing the required coverages. The
5 Contractor shall name the City, its officers and employees, as
6 additional insureds on the comprehensive general liability insurance
7 policy. All certificates shall provide that each insurance carrier
8 shall give the City thirty (30) days written notice prior to any
9 action by the carrier to reduce or terminate the policy.
10 SECTION 7: Assiqnment.
11 Neither the City nor the Contractor shall assign this
12 Agreement, nor shall the Contractor assign any monies to be received
13 hereunder, without the prior written consent of the City, which
14 consent shall not be unreasonably withheld.
15 SECTION 8: Entire Aqreement and Amendments.
16 (a) This Agreement supersedes all prior proposals,
17 agreements, and understandings between the parties and may not be
18 modified or terminated orally.
19 (b) No attempted waiver of any of the provisions hereof,
20 nor any modification in the nature, extent or duration of the
21 services to be performed by the Contractor hereunder, shall be
22 binding unless in writing and signed by the party against whom the
23 same is sought to be enforced.
24 SECTION 9: Resolution of Disputes.
25 (a) Disputes regarding the interpretation or application
26 of any provisions of this Agreement shall, to the extent reasonably
27 feasible, be resolved through good faith negotiations between the
28 parties.
-5-
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
(b) If any action at law or in equity is brought to
enforce or interpret any provisions of this Agreement, the
prevailing party in such action shall be entitled to reasonable
attorney's fees, costs and necessary disbursements, in addition to
such other relief as may be sought and awarded.
SECTION 10: Ownership.
All documents, records, tape recordings, and computer
entries prepared pursuant to this Agreement shall be the property of
the City.
SECTION 11: Governing.
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their respective officers
or representatives, duly authorized, as of the date, month and year
first above written.
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
DAVID B. BREARLEY, City Attorney
CONTRACTOR
By:
LLOYD B. CARTER
-6-
1
2
3
4
1.
5
2.
6
3.
7
4.
8
5.
9
6.
10
11 7.
12
8.
13
9.
14
15 10.
16 11.
17 12.
18 13.
19 14.
20
21
22
23
24
25
26
27
28
EXHIBIT A
SCOPE OF SERVICES FOR HEARINGS
Conduct hearings for contested parking and standing citations.
Tape record all hearing proceedings.
Make a pre-hearing statement.
Read the citation into the record.
Administer the oath.
Record the name and address of the respondent and all
witnesses, if any.
Record the registered owner's name and address and the
respondent's relationship to the registered owner.
Examine the citation for defects.
Hear and examine the respondent, any witnesses, and all
evidence.
Continue hearings when appropriate.
Weigh the evidence.
Render a fair and impartial decision.
Record the disposition on the Hearing Disposition form.
Insure that the case file has all pertinent forms and
documents.
EXHIBIT A