Resolution No. 6324
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RESOLUTION NO. 6324
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A REVISED ALTERNATE HEARING EXAMINER
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
JAMES A. MILLER RESPECTING THE DISPOSITION OF
CONTESTED PARKING/STANDING VIOLATIONS IN
COMPLIANCE WITH THE VEHICLE CODE OF THE STATE OF
CALIFORNIA AND REPEALING RESOLUTION NO. 6316
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WHEREAS, the City Council of the City of Vernon adopted
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Resolution No. 6316 on September 7, 1993, which approved and
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authorized the execution of an Alternate Hearing Examiner
Agreement with James A. Miller; and
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WHEREAS, the Alternate Hearing Examiner Agreement set
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forth the terms and conditions under which James A. Miller was to
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serve as an alternate hearing examiner for the purpose of
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providing the hearing and disposition of contested parking-
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standing citations in compliance with the Vehicle Code of the
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State of California; and
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WHEREAS, said Agreement imposed on James A. Miller the
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requirement to obtain liability insurance, which is cost
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prohibitive unless he is reimbursed for said costs, and contained
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a requirement for Worker's Compensation Insurance which needs to
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be clarified; and
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WHEREAS, Louis S. Rosenkrantz, Chief of POlice, has
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recommended that Resolution No. 6316 be repealed and said
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Agreement be revoked and that a new resolution be adopted to
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approve a revised Agreement which clarifies the Worker's
Compensation Insurance requirement and waives the liability
insurance.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon does
4 hereby find and determine that the recitals contained hereinabove
5 are true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
7 approves the revised Alternate Hearing Examiner Agreement, a copy
8 of which has been presented to the City Council concurrently with
9 this resolution, and the City Council hereby orders said Agreement
10 to be received and filed by the City Clerk.
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SECTION 3: The City council of the City of Vernon hereby
12 authorizes the Mayor and city Clerk to execute said Agreement for,
13 and on behalf of, the City of Vernon.
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SECTION 4: The City Council of the City of Vernon hereby
15 repeals Resolution No. 6316 and revokes the original Alternate
16 Hearing Examiner Agreement.
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SECTION 5: The City Clerk of the City of Vernon shall
18 certify to the passage of this resolution and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 21st day of September, 1993.
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C.
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AT~~
BRUCE V. MALKENHORST,
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STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6324, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, September 21, 1993, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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ALTERNATE HEARING EXAMINER AGREEMENT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, ei~her copy of which may be considered and used
as the original hereof for all purposes, effective as of the 1st day
of September, 1993.
BY AND BETWEEN
THE CITY OF VERNON (hereinafter
referred to as "city")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND
JAMES A. MILLER (hereinafter
referred to as "Contractor")
9327 Parrot Street
Downey, CA 90240
(310) 928-3539
RECITALS:
WHEREAS, pursuant to section 40200 of the Vehicle Code of
the State of California, parking and standing violations have been
declared to be subject to civil penalties and not criminal
penalties; and
WHEREAS, such violations initially will be handled by
administrative procedure, and not by court hearing, and an appeal
therefrom, pursuant to section 40215 of the Vehicle Code of the
State of California, will be referred to a hearing examiner for
adminiptrative review; and
WHEREAS, the position of hearing examiner requires the
specialized knowledge and professional skills of a person previously
trained in traffic enforcement in order to ensure the effective and
efficient adjudication of parking and standing citations in a fair
and impartial manner, and the Contractor is fully qualified to
perform the services required by the city, as hereinafter specified;
and
WHFREAS, it is the desire of the city to hire the
Contractor as an alternate 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 'l'HESE 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
liability 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, ln the exercise of reasonable
discretion, deem appropriate and benef icial for the city. The
Contractor shall be responsible for determining the means and
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methods for performing the services required hereunder.
(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 benef~ts 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 addit~onal 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.
(b) The Contractor shall have sole responsibility for
reporting to the State and Federal governments all compensation
received as a result of the services performed hereunder. The city
shall have no responsibility for submitting reports for income tax
purposes.
(c) The Contractor shall submit written invoices for
payment by the city giving the details and number of hours for each
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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 (I) 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 ln 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 officers, 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 worker's compensation insurance
coverage to the extent required as prescribed by the State of
California. If Contractor does not employ any person in the
performance of this Agreement, no Worker's compensation insurance is
required. If Contractor becomes subject to the worker's
compensation provisions of section 3700 of the Labor Code of the
State of California, he hereby agrees to forthwith comply with said
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section.
SECTION 7: Assiqnment.
Neither the city nor the Contractor shall assign this
Agreement, nor shall the Contractor assign any monies to be received
hereunder, without the prior written consent of the City, which
consent shall not be unreasonably withheld.
SECTION 8: Entire Aqreement and Amendments.
(a) This Agreement supersedes all prior proposals,
agree~ents, -and understandings between the parties and may not be
modified or terminated orally.
(b) No attempted waiver 9f any of the provisions hereof,
nor any modification ln the nature, extent or duration of the
services to be performed by the Contractor hereunder, shall be
binding unless in writing and signed by the party against whom the
same is sought to be enforced.
SECTION 9: Resolution of Disputes.
(a) Disputes regarding the interpretation or application
of any provisions of this Agreement shall, to the extent reasonably
feasible, be resolved through good faith negotiations between the
parties.
(b) If any action at law or ln 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
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the city.
SECTION 11: Governinq.
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
ATTEST:
BY:/?
BRUCE V.
By: ~~~A''WZ~'
/~; . EONIS C. MALB RG, MayOr
MALKENHORST, City Clerk
APPROVED AS TO FORM:
By: \)~ ~( ~~
DAVID B. BREARLEY, City Att rney
By:
CONTRACTOR ,
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j1 JAMES A. MILLER
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EXHIBIT A
SCOPE OF SERVICES FOR HEARINGS
1. Conduct hearings for contested parking and standing citations
in accordance with the city of Vernon Procedure for Hearings
on Parking and standing citations.
2. Tape record all hearing proceedings.
3. Make a pre-hearing statement.
4. Read the citation into the record.
5. Administer the oath.
6. Record the name and address of the respondent and all
witnesses, if any.
7. Record the registered owner's name and address and the
respondent's relationship to the registered owner.
8. Examine the citation for defects.
9. Hear and examine the respondent, any witnesses, and all
evidence.
10. continue hearings when appropriate.
11. Weigh the evidence.
12.- Render a fair and impartial decision.
13. Record the disposition on the Hearing Disposition form.
14. Insure that the case file has all pertinent forms and
documents.
EXHIBIT A