Resolution No. 6837
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RESOLUTION NO. 6837
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A HEARING EXAMINER AGREEMENT,
1996-1997, 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
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WHEREAS, S40200 of the Vehicle Code of the State of
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California provides that parking and standing violations shall be
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subject to civil penalties and not criminal penalties; and
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WHEREAS, such violations initially will be handled by
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administrative procedure, and not by court hearing, and an appeal
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therefrom, pursuant to S40215 of the Vehicle code of the State of
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California, will be referred to a hearing examiner for
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administrative review; and
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WHEREAS, the City council desires the hearing examiner
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to conduct administrative hearings and examine witnesses under
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oath; and
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WHEREAS, the City Council by Resolution No. 6673 on
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August 14, 1995, approved an agreement with Lloyd B. Carter to
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serve as hearing examiner for the purpose of providing the hearing
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and disposition of contested parking/standing citations in
compliance with the Vehicle Code of the State of California; and
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WHEREAS, Lloyd B. Carter has the specialized knowledge
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and professional skills of a person previously trained in traffic
enforcement and is fully qualified to perform the services
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required by the City as specified in the Hearing Examiner
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Agreement in order to ensure the effective and efficient
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1 adjudication of parking and standing citations in a fair and
2 impartial manner; and
3 WHEREAS, the City Council desires to renew said
4 Agreement and to hire Lloyd B. Carter for the period of September
5 1, 1996 to August 31, 1997, at a rate of Twenty Dollars ($20.00)
6 per hour, with said Agreement to continue on a month to month
7 basis thereafter unless terminated by either party; and
8 WHEREAS, the City Administrator has recommended the
9 renewal of said Agreement.
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
11 THE CITY OF VERNON AS FOLLOWS:
12 SECTION 1: The City Council of the City of Vernon
13 hereby finds and determines that the recitals contained
14 hereinabove are true and correct.
15 SECTION 2: The City Council of the City of Vernon
16 hereby approves the Hearing Examiner Agreement, 1996-1997, a copy
17 of which has been presented to the city council concurrently with
18 this resolution, and the City Council hereby orders said Agreement
19 to be received and filed by the City Clerk.
20 SECTION 3: The City Council of the City of Vernon
21 hereby authorizes the Mayor and the City Clerk to execute said
22 Agreement for, and on behalf of, the City of Vernon.
23 SECTION 4: The City Council hereby authorizes the
24 hearing examiner to conduct hearings on appeals from parking and
25 standing citations, to swear in witnesses under penalty of
26 perjury, and to take and record the testimony of such witnesses.
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SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 20th day of August, 1996.
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ATTEST: ~~
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the city of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6837, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held
7 on Tuesday, August 20, 1996, and thereafter was duly signed by the
8 Mayor Pro Tem of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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HEARING EXAMINER AGREEMENT
1996-1997
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THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used
5 as the original hereof for all purposes, effective as of the 1st day
6 of September, 1996.
7 BY AND BETWEEN
THE CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
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AND
LLOYD B. CARTER (hereinafter
referred to as "Contractor")
2658 Renz Circle
Fullerton, CA 92633
(714) 526-4521
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RECITALS:
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WHEREAS, pursuant to section 40200 of the Vehicle Code of
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the state of California, parking and standing violations have been
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declared to be subject to civil penalties and not criminal
penalties; and
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WHEREAS, such violations initially will be handled by
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administrative procedure, and not by court hearing, and an appeal
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therefrom, pursuant to Section 40215 of the Vehicle Code of the
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State of California, will be referred to a hearing examiner for
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administrative review; and
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WHEREAS, the position of hearing examiner requires the
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specialized knowledge and professional skills of a person previously
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trained in traffic enforcement in order to ensure the effective and
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efficient adjudication of parking and standing citations in a fair
and impartial manner, and the Contractor is fully qualified to
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perform the services required by the City, as hereinafter specified;
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and
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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 Ca~ifornia.
.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
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, 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.
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1 (b) The Contractor shall not be eligible for, nor claim
2 any benefits under, the Public Employee's Retirement System, State
3 Unemployment Insurance, Disability Insurance, Workers' compensation
4 Insurance, or other benefits through the City as such benefits are
5 commonly conferred upon employees of the City; provided, however,
6 that nothing contained herein shall be deemed to affect any benefits
7 which may have accrued to the Contractor while employed by any o,ther
8 pUblic or private employer, whether prior to or after the effective
9 date of this Agreement.
10 (c) Nothing contained in this Agreement shall be deemed to
11 preclude the Contractor from performing services of the nature
12 specified herein, or any other services, for other public agencies
13 or private entities.
14 (d) In performing the services required hereunder, the
15 Contractor will provide his own vehicle at no additional expense to
16 the city.
17 SECTION 4: Contractor's Compensation.
18 (a) The compensation to be paid by the City to the
19 Contractor for all services rendered pursuant to this Agreement
20 shall be the sum of Twenty Dollars ($20.00) per hour; provided,
21 however, that the number of hours per month shall be not less than
22 two (2) nor more tha~ eight (8) unless authorized in advance by the
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24 (b) The Contractor shall have sole responsibility for
25 reporting to the State and Federal governments all compensation
2 6 received as a result of the services performed hereunder. The City
27 shall have no responsibility for s~bmitting reports for income tax
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(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 Agreement.
(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 ma inta in 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
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compensation provisions of section 3700 of the ~abor Code of the
State of California, he hereby agrees to forthwith comply with said
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,
agreements, and understandings between the parties and may not be
modified or terminated orally.
(b) No attempted waiver of any of the provisions hereof,
nor any modification in 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 Dis~utes.
(a) Disputes regarding the interpretation or application
of any provisions of this Agreement shall, to the exteryt reasonably
feasible, be resolved through good faith negotiations between the
parties.
(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.
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SECTION 10: Ownership~
All documents, records, tape recordings, and computer
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entries prepared pursuant to this Agreement shall be the property of
the City.
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of California.
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SECTION 11: Governing.
This Agreement shall be governed by the laws of the state
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IN WITNESS WHEREOF, the parties hereto h~ve caused this
Agreement to be executed and attested by their respective officers
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or representatives, duly authorized, as of the date, month and year
first above written.
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ATTEST:
By: ~
BRUCE V.
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APPROVED AS
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By: D~
DAVID B.
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By:
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MALKENHORST, City Clerk
TO FORM:
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RE LEY, Clt Attorney
CONTRACTOR
By:
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OYD B. CARTER
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EXHIBIT A
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SCOPE OF SERVICES FOR HEARINGS
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1.
Conduct hearings for contested parking and standing citations
in accordance with the City of Vernon Procedure for Hearings
on Parking and Standing citations.
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2. Tape record all hearing proceedings.
3. Make a pre-hearing statement.
4. Read the citation into the record.
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5. Administer the oath.
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6.
Record the name and address of the respondent and all
witnesses, if any.
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Record the registered owner's name and address and the
respondent's relationship to the registered owner.
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8. Examine the citation for defects.
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Hear and examine the respondent, any witnesses, and all
evidence.
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continue hearings when appropriate.
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Weigh the evidence.
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Render a fair and impartial decision.
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Record the disposition on the Hearing Disposition form.
Insure that the case file has all pertinent forms and
documents.
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EXHIBIT A
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 ~orms and
documents.
EXHIBIT A
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CITY COUNCIL I~ ~ ~ DAVID B. BREARLEY
LEONIS C. MALBURG I " ~ (I FAX1 8 8) 330- 818 ~
Mayor ~ ~
THOMAS A. YBARRA WILSON
Mayor Pro-Tem Director of Community Services & Water
FAX: (213)588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARI0
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS RosENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
August 13, 1996
City Council
City of Vernon
Honorable Members:
The Hearing Examiner. Agreement with Lloyd B.Carter which provides for
the hearing and disposition of contested parking/standing citations
for the Police Department, and the agreement with the Alternate
Hearing Examiner, James A. Miller, expires on August 31, 1996.
The Police Department wishes to renew both agreements with
compensation for the services provided to remain the same.
This has been reviewed by the City Attorney, and it is hereby
recommended that both agreements be approved and executed to be
effective September 1, 1996 thru August 31, 1997 contingent upon .
Very truly yours,
• Bruce V. Malkenhorst
City Clerk
GJO/hr
council\ltr
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INTER-OFFICE MEMORANDUM
DATE: August 27, 1996
TO: Liz Sawickis, Records Manager
FROM: Hannah Raabe, Secretary to the City Council
SUBJECT: 1) HEARING EXAMINER AGREEMENT - LLOYD CARTER
" 2) ALTERNATE HEARING EXAMINER AGREEMENT - JAMES
MILLER
Attached hereto are fully executed duplicate originals of each of
the above referenced agreements for you to forward to the
respective gentlemen.
I have-also included a copy of both the agreements and
resolutions pertaining thereto for your records.
BVM/hr
Attachments