Resolution No. 7023
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RESOLUTION NO. 7023
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF AN ALTERNATE HEARING EXAMINER
4 AGREEMENT, 1996-1997, BY AND BETWEEN THE CITY
OF VERNON AND LLOYD B. CARTER RESPECTING THE
5 DISPOSITION OF CONTESTED PARKING/STANDING
VIOLATIONS IN COMPLIANCE WITH THE VEHICLE CODE
6 OF THE STATE OF CALIFORNIA
7 WHEREAS, S40200 of the Vehicle Code of the State of
8 California provides that parking and standing violations shall be
9 subject to civil penalties and not criminal penalties; and
10 WHEREAS, such violations initially will be handled by
11 administrative procedure, and not by court hearing, and an appeal
12 therefrom, pursuant to S40215 of the Vehicle Code of the State of
13 California, will be referred to a designated hearing examiner for
14 administrative review, and in lieu of the designated hearing
15 examiner will be referred to the alternate hearing examiner; and
16 WHEREAS, the City Council desires the alternate hearing
17 examiner to conduct administrative hearings, examine witnesses
18 under oath and dispose of contested parking/standing citations in
19 compliance with the Vehicle Code of the State of California; and
20 WHEREAS, Lloyd B. Carter has the specialized knowledge
21 and professional skills of a person previously trained in traffic
22 enforcement and is fully qualified to perform the services
23 required by the City as specified in the Alternate Hearing
24 Examiner Agreement, 1997-1998, in order to ensure the effective
25 and efficient adjudication of parking and standing citations in a
26 fair and impartial manner; and
27 WHEREAS, the City Council desires to hire Lloyd B.
28 Carter for the period of september 16, 1997 to August 31, 1998, at
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SECTION 5: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 16th day of September, 1997.
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~ ,,' LEONIS C. MA ,URG, M or
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BRUCE V. 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
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Resolution No. 7023, 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
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on Tuesday, September 16, 1997, 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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CITY COUNCIL
LEONIS C. MALBURG
Mayor
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of light & Power
FAX: (213)583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
THOMAS A. YBARRA
Mayor Pro-Tern
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Wrn. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213)583-8811
September 10, 1997
City Council
City of Vernon
Honorable Members:
The Police Department is requesting approval of the Agreement for
Alternate Hearing Examiner for the purpose of handling appeals of
parking and standing violations.
It is hereby recommended that the Agreement for Alternate Hearing
Examiner with Mr. Lloyd B. Carter be approved and executed for the
1997-1998 fiscal year.
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Bruce V. Malkenhorst
City Clerk
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enclosure
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POLICE DEPARTMENT
LEON IS C, MALBURG, CHAIRMAN
THOMAS A. YBARRA
WILLIAM M, McCORMICK
L. S. ROSENKRANTZ
POLICE CHIEF
BOARD OF POLICE
COMMISSIONERS
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POLICE HEADQUARTERS
4305 SANTA FE AVENUE
PHONE
(213) 587-5171
CITY HALL
4305 SANTA FE AVE" VERNON, CALIF. 90058
September 8, 1997
TO:
FROM:
B.V. Malkenhorst, Director of Finance
L.S. Rosenkrantz, Chief of Police ~
SUBJECT:
Request for Renewal of Contract for Alternate Hearing
Examiner
I respectfully request that the contract between the City of Vernon
and the Alternate Hearing Examiner be renewed. Lloyd B. Carter
would be available to step in as the Hearing Examiner should Louis
Rosenkrantz be unable to due to illness, vacation, or other
absence. We would like this to become effective as soon as
possible.
Copies of the prior contract have been attached for your reference.
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ALTERNATE BEARING EXAMINER AGREEMENT
1996-1997
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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.
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THE CITY OF VERNON (hereinafter
referred to as "city")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
JAMES A. MILLER (hereinafter
referred to as "contractor")
9327 Parrot street
Downey, CA 90240
(310) 928-3539
BY AND BETWEEN
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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
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
specialized knowledge and professional skills of a person previously
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;
and
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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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(b) The Contractor shall not be E
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methods for performing the services requirec
3 any benefits under, the Public Employee's Retiremem.. ~:J"""'_.", .ate
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 prior 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
14 or private entities.
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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.
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(a) The compensation to be paid by 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.
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(b) The Contractor shall have 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 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 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: Assignment.
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 Agreement 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 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 pursuant to this Agreement shall be the property of
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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
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By: . ·
;/ >>7d L~NIS C. MAURG, M or
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the City.
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ATTEST:
By: d
BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
By: \:)"..j \'7, ~ ^ t<>-<A.+V
DAVID B. BREA LEY, City ttorney
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CONTRACTOR
By: ~~~
tI JAMES A. MI LER
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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
Information to be entered when assigning new
agreement# to system.
.CATEGORY (circle one only) : L & P, GAS, GENERAL, LICENSE
AGREEMENTS OR
_ _ _ REDEVELOPMENT AGENCY-
# 1. Approval date: ~l~/~ ~ 9 7 # 1 a. Agreement # ~ ~ 7
#2. Title of Agreement: ~~G~L~zi
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#3. Effective Date: (if different from approval date)
#4. Expiration Date: (if applicable) ~ 1 ~ ~ ~ 9
#5. Expiration Date:. NONE
:AgrmntData