Resolution No. 6896
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RESOLUTION NO. 6896
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR CONTRACTUAL SERVICES BY AND
BETWEEN THE CITY OF VERNON AND JAMES E. GONZALES
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WHEREAS, the City of Vernon is in need of certain
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services for a limited duration in connection with the operation
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of its Light & Power Departmentj and
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WHEREAS, James E. Gonzales has experience, knowledge and
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skills in performing the services the City of Vernon needs; and
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WHEREAS, the city of Vernon and James E. Gonzales desire
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to enter into an Agreement for Contractual Services setting forth
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the terms and conditions of the services to be performed.
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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
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hereby find and determine that the recitals contained hereinabove
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are true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Contractual Services, a copy of which
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has been presented to the city council concurrently with this
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resolution, and the city council hereby orders said Agreement to
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be received and filed by the city Clerk.
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SECTION 3: The City Council of the city of Vernon hereby
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authorizes the Mayor and the city Clerk to execute said Agreement
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for, and on behalf of, the City of Vernon.
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SECTION 4: The city Clerk of the city of Vernon shall
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certify to the passage of this resolution and thereupon and
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thereafter the same shall be in full force and effect.
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ATTEST;
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BRUCE
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APPROVED AND ADOPTED this 17th day of December, 1996.
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V. MALKENHORST, city Clerk
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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. 6896, was duly adopted by the city Council of the
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city of Vernon at a regular meeting of the city Council duly held
on Tuesday, December 17. 1996, 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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CONTRACTOR agrees to perform the services required
scope of work.
Administrator or designee, who shall establish CONTRACTOR's
CITY as required, directed and specified by CITY'S city
CONTRACTOR Clgrccs to perform consulting services for
SERVICES TO BE PROVIDED
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411 entered into this ~_~ day of December, 1996
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MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
skills in performing such serv~ces.
WHEREAS, CONTRACTOR has experience, knowledge and
Power Department; and
limited duration in connectior~ with the operation of its Light &
WHEREAS, CITY is in need of certain services for a
WIT N E SSE T H:
JAMES E. GONZALES, an individual,
hereinafter referred to as
"CONTRACTOR".
AND
THE CITY OF VERNON, a Municipal
2orporation, hereinafter referred
to as "CITY",
BY AND BETWEEN
311 THIS AGREEMENT FOR CONTRACTUAL SERVICES is made and
AGREEMENT FOR CONTRACTUAL SERVICES
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herein and as required by the scope of work in a diligent and
professional manner.
2. COMPENSATION
a) CITY shall pay CONTRACTOR as consideration for
work satisfactorily performed pursuant to this agreement at the
hourly rate of Seventy-Five Dollars ($75.00) per hour. Such
payments shall be based on the submission of written invoices
submitted by CONTRACTOR on the 15th and 30th day of each month.
Such invoices shall be paid within two (2) weeks of their
submittal after approval by tte City Administrator or his
designee.
bl Total compensation pursuant to the agreement
shall not exceed Twenty-Five Thousand Dollars ($25,000.00).
c) CITY shall provide to CONTRACTOR health insurance
equal to the health insurance CONTRACTOR had as an employee
during the term of this agreement.
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The term of this agreement shall be from January 1,
1997 through and including June 30, 1997. The term of this
agreement may be extended only by written amendment to this
agreement duly executed by beth parties.
4. WORK SCHEDULE
CONTRACTOR shall work a minimum of two (2) days per
week of at least eight (8) hours per day, during the first two
(2) months of this agreement. Thereafter, CONTRACTOR shall work
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on an as needed basis and each CONTRACTOR work day shall consist
of hours of work mutually agreed to between CONTRACTOR and the
City Administrator or his designee.
S. LOCATION OF CONTRACTOR'S WORK
Unless otherwise approved in advance by the City
Administrator or his designee, all of CONTRACTOR's work shall be
performed at the Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California.
6 . AMENDMENT
The terms and conditl~ns of this agreement can only be
amended by a written agreement between the parties hereto.
7. ASSIGNMENT
Neither the CITY nor the CONTRACTOR shall assign or
transfer its interest in this agreement.
8. TERMINATION
At its sole discretion, the City may terminate or
cancel this agreement at any time for any reason, upon five (5)
days written notice to CONTAAC'~OR. In the event of termination,
CONTRACTOR shall forthwith tue! over to CITY all work product,
documents, records and wri ting~3 of whatsoever nature in
connection with work performed pursuant to or in connection with
this agreement.
CONTRACTOR may termiLate or cancel this agreement at
any time for any reason upon ten (10) days written notice to the
CITY.
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9. COMPLIANCE WITH APPLICABLE LAWS
In the performance of this agreement, CONTRACTOR shall
abide by and conform to any and all applicable laws of the
United States, tMe State of Ca- ~fornia, and ordinances,
regulations, and policies of the CITY.
10. CAPACITY AS INDEPENDENT CONTRACTOR
Performance of CONTR~CTOR's services hereunder shall
be in the capacity of an independent contractor and not as an
officer, agent or employee of :he CITY. In consideration for
the compensation paid to CONTRACTOR by CITY pursuant to Section
2 of this agreement, CONTRACTOR agrees that CITY, its officers,
employees, agents, representatives and sureties shall not be
liable or responsible =or any ::Jenefits, including but not
limited to, worker's compensation, disability, retirement, life
insurance, unemployment insurance, health (other than specified
in Section 2) or any other insurance benefits and CONTRACTOR
agrees that he shall not sue or file a claim, petition, or
application therefore against CITY or any of CITY's officers,
employees, agents, representat~ves, or sureties.
11. LIMITATION OF WORKING DAYS/HOURS
CONTRACTOR a=knowledges the provisions of Government
Code Section 21153 which autho::ize a P.E.R.S. retired person to
serve without reinstatement from retirement or loss of
interruption of benefits for a period of time not to exceed 120
working days or 960 hours in any calendar year.
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12. NOTICES
2 Notices and cDrnmunica~ions concerning this Agreement
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CITY:
CITY OF VERNON
ATTENTION: CITY ADMn;ISTRATOR/CITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-080::1
CONTRACTOR:
JAMES E. GONZALES
P. O. BOX 620
968 CHATEAU DRIVE
CRESTLINE, CA 92325
13. OWNERSHIP OF WORK PRODUCT DOCUMENTS
All writings, documents and records prepared,
received, or rnalntained by CONTRACTOR in connection with or as a
result of serVlces performed for CITY shall be and remain the
property of CITY,
14. EXTRA SERVICES
No extra services beyond the scope of this agreement
shall be rendered by CONTRACTOH unless slich extra services shall
be authorized in writing by the City Administrator or his
designee.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed en the month, day and year first
written above.
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CITY OF VERNON
,
BY <- ~-et-~-J
EONIS C. MALBU
ATTEST:
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BRUCE V. MALKENHORST, City Cler.<
APPROVED AS TO FORM,
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DAVID B. BREARL Y, City Attorney
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CITY COUNCIL DAVID B. BREARLEY
~ City Attorney
LEONIS C. MALBURG ~ FAX: (818) 33assls
Mayor
THOMAS A. YBARRA WILSON
Mayor Pro-Tem Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAVIS
Councilman KENNETH J. DeDARIO
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
• January 7, 1997
James E. Gonzales
P.O. Box 620
968 Chateau Drive
Crestline, California 92325
Re: greement for Contractual Services
Dear Mr . °~a'~es c
Enclosed erewith for your records is a fully executed duplicate
original of the above referenced agreement. If you should have
any questions, please contact Mr. Kenneth DeDario.
Very truly yours,
CITY ,OF VERNON
oria~ rosco
'Chief Deputy City .Clerk
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Enclosure
cc: Kenneth J. DeDario
Director of Light and Power