Resolution No. 6838
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RESOLUTION NO. 6838
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN ALTERNATE HEARING EXAMINER
AGREEMENT, 1996-1997, 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
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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 designated hearing examiner for
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administrative review, and in lieu of the designated hearing
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examiner will be referred to the alternate hearing examiner; and
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WHEREAS, the City Council desires the alternate hearing
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examiner to conduct administrative hearings and examine witnesses
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under oath; and
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WHEREAS, the City Council by Resolution No. 6674 on
September 19, 1995, approved an agreement with James A. Miller to
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serve as alternate hearing examiner for the purpose of providing
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the hearing and disposition of contested parking/standing
citations in compliance with the Vehicle Code of the State of
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California; and
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WHEREAS, James A. Miller has the specialized knowledge
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and professional skills of a person previously trained in traffic
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enforcement and is fully qualified to perform the services
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1 required by the City as specified in the Alternate Hearing
2 Examiner Agreement, 1996-1997, in order to ensure the effective
3 and efficient adjudication of parking and standing citations in a
4 fair and impartial manner; and
5 WHEREAS, the City Council desires to hire James A.
6 Miller for the period of September 1, 1996 to August 31, 1997, at
7 a rate of Twenty Dollars ($20.00) per hour, with said Agreement to
8 continue on a month to month basis thereafter unless terminated by
9 either party; and
10 WHEREAS, the City Administrator has recommended the
11 approval of said Agreement.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
13 THE CITY OF VERNON AS FOLLOWS:
14 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.
17 SECTION 2: The City Council of the city of Vernon
18 hereby approves the Alternate Hearing Examiner Agreement, 1996-
19 1997, 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 Clerk.
22 SECTION 3: The City Council of the City of Vernon
23 hereby authorizes the Mayor and the City Clerk to execute said
24 Agreement for, and on behalf of, the City of Vernon.
25 SECTION 4: The City council hereby authorizes the
26 alternate hearing examiner to conduct hearings on appeals from
27 parking and standing citations, to swear in witnesses under
28 penalty of perjury, and to take and record the testimony of such
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SECTION 5: The City Clerk of the City of Vernon shall
3 certify to the passage of this resolution, and thereupon and
4 thereafter the same shall be in full force and effect.
5 APPROVED AND ADOPTED this 20th day of August, 1996.
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ATTEST:
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BRUCE V.
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,../ .
~~.ct~'
.,/' L~ONI S C. MAL RG, Ma or
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MALKENHORST, City Clerk
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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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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6838, 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, August 20, 1996, and thereafter was duly signed by the
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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
1996-1997
THIS AGREEMENT is made, entered into and executed . in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, effective as of the 1st day
of September, 1996.
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
administrative 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
1 WHEREAS, it is the desire of the city to hire the
2 Contractor as an alternate hearing examiner for the purpose of
3 providing the hearing and disposition of contested parking/standing
4 citations in compliance with the Vehicle Code of the State of
5 California.
6 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
7 THE PARTIES HERETO AGREE AS FOLLOWS:
8 SECTION 1: Scope of Services.
9 The services to be provided are described in the Scope of
10 Services for Hearings attached hereto as Exhibit A, and made a part
11 hereof by reference.
12 SECTION 2: Performance.
13 The Contractor agrees that all services provided shall be
14 conducted solely by the Contractor and that services will performed
15 and rendered diligently in conformance to the City of Vernon
16 procedure for hearings with regard to parking and standing citations
17 as approved by the City Council of the City of Vernon.
18 SECTION 3: Independent Contractor.
19 (a) The Contractor is an independent contractor and shall
20 have no power or authority to incur any debt, obligation or
21 liability on behalf of the City. No act or omission of the
22 Contractor in the course of performing any services under this
23 Agreement shall be deemed or construed to make the contractor an
24 agent, employee, associate, partner or joint venturer of the city.
25 The Contractor's services hereunder shall be performed in such
26 manner as the Contractor may, in the exercise of reasonable
27 discretion, deem appropriate and beneficial for the City. The
28 Contractor shall be responsible for determining the means and
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1 methods for performing the services required hereunder.
2 (b) The Contractor shall not be eligible for, nor claim
3 any benefits under, the Public Employee's Retirement System, State
4 Unemployment Insurance, Disability Insurance, Workers' Compensation
5 Insurance, or other benefits through the City as such benefits are
6 commonly conferred upon employees of the City; provided, however,
7 that nothing contained herein shall be deemed to affect any benefits
8 which may have accrued to the Contractor while employed by any other
9 public or private employer, whether ~rior to or after the effective
10 date of this Agreement.
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(c) Nothing contained in this Agreement shall be deemed to
12 preclude the Contractor from performing services of the nature
13 specified herein, or any other services, for other public agencies
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(d) In performing the services required hereunder, the
16 Contractor will provide his own vehicle at no additional expense to
17 the City.
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SECTION 4: Contractor's Compensation.
19 (a) The compensation to be paid br the City to the
20 Contractor for all services rendered pursuant to this Agreement
21 shall be,the sum of Twenty Dollars ($20.00) per hour.
22 (b) The Contractor shall ha",:,e sole responsibility for
23 reporting to the State and Federal governments all compensation
24 received as a result of the services performed hereunder. The City
25 shall have no responsibility for submitting reports for income tax
26 purposes.
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(c) The Contractor shall submit written invoices for
28 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 (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 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.
Nei ther 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 modificatl.on 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 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 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 pursuaht to this Agreement shall be the property of
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the city.
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SECTION 11: Governinq.
This Agreement shall be governed by the laws of the state
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of California.
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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
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first above written.
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CITY OF VERNON
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BY:~L~.
,....-. LE3NIS C. MAL RG, May r
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ATTEST:
B;: /?
BRUCE V.
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MALKENHORST, City Clerk
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APPROVED AS TO FORM:
By: D r.d, .~. / ~ /\ Q...eL ~ .
DAVID B. BREARLEY,. City-A orney
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CONTRACT~R /2?
By: . ()~a7/!~
~ 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