Resolution No. 75881
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RESOLUTION NO. 7588
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 PERSONS
WHEREAS, the City of Vernon desires to retain the services of
a consultant to provide assistance and consultation in conjunction with
traffic matters including, but not limited to the training of a
replacement for the position of Traffic Engineer in the Vernon
Community Services & Water Department; and
WHEREAS, James Persons is well qualified by reason of
education and experience to perform such services and is willing to
render such professional services to the City of Vernon in accordance
with the terms and conditions of a contractual services agreement.
NOW, THEREFORE,.BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Contractual Services, a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute the Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a copy of this
resolution and one fully executed Agreement to:
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JAMES PERSONS
1943 PORT EDWARDS PLACE
NEWPORT BEACH, CA 92660
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 8th day of August, 2000.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
ONIS C. MALJURG, Ma or
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7588, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Tuesday,
August 8, 2000, and thereafter was duly signed by the Mayor of the City'
of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
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AGREEMENT FOR CONTRACTUAL SERVICES
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, as of this 8th day of August,
2000, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "Vernon")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND
RECITALS
JAMES PERSONS, an individual
(hereinafter referred to as
"Consultant")
1943 Port Edwards Place
Newport Beach, CA 92660
WHEREAS, Vernon desires to retain Consultant to provide
assistance and consultation in conjunction with traffic matters
including, but not limited to the training of a replacement for the
position of Traffic Engineer in the Vernon Community Services & Water
Department; and
WHEREAS, Consultant is well qualified by reason of education
and experience to perform such services; and
WHEREAS, Consultant is willing to render such professional
11services as hereinafter defined.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: SCOPE OF SERVICES.
The services to be provided will be directed and authorized in
writing by the City Administrator of Vernon. Consultant's services shal=
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The confidential. Consultant agrees to provide consulting services on an
hourly basis as set forth below.
SECTION 2: TERM.
The term of this Agreement shall be from August 28, 2000 to
August 28, 2001, provided that Consultant has not exceeded a total of 96
hours of consulting services for the calendar year 2000 during said time
SECTION 3: COMPENSATION.
Vernon shall pay Consultant as consideration for the services
provided pursuant to this Agreement the hourly rate of Sixty -Five Dollar
($65.00), payable every two weeks, after submission of a written invoice
by Consultant to the City Administrator and approval of said invoice by
the City Administrator.
SECTION 4: METHOD OF PAYMENT.
Vernon agrees to pay the Consultant based on the submittal of
an invoice to Vernon describing the services,provided and the hours
expended in providing such services.
SECTION 5: CANCELLATION.
Vernon reserves the right to cancel and terminate this
agreement upon thirty (30) days written notice. Vernon agrees to
compensate Consultant for actual costs incurred prior to the cancellati
of the agreement. In the event of termination, Consultant shall
forthwith turn over to Vernon all work product, documents, records and
writings prepared in connection with work performed pursuant to or in
connection with this Agreement.
SECTION 6: OWNERSHIP.
All writings, documents and records prepared, received, or
maintained by Consultant in connection with or as a result of services
performed for Vernon shall be and remain the property of Vernon.
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SECTION 7: CAPACITY AS INDEPENDENT CONTRACTOR.
The provision of services by Consultant under this Agreement
shall be in the capacity of an independent contractor and not as an
employee of Vernon. For that reason, Consultant will not receive any
payment for holidays or vacations. In consideration for the compensatiol
paid to Consultant by Vernon pursuant to Section 4 of this Agreement,
Consultant agrees that Vernon, its officers, employees, agents,
representatives and sureties shall not be liable or responsible for any
benefits, including, but not limited to, worker's compensation,
disability, retirement, life insurance, unemployment insurance, any
insurance benefits, or any other benefits other than those set forth in
Section 3 above. Consultant agrees that he shall not sue or file a
claim, petition, or application therefore against Vernon or any of
Vernon's officers, employees, agents, representatives, or sureties.
SECTION 8: AMENDMENT.
The terms and conditions of this agreement can only be amended
by a written agreement between the parties hereto.
SECTION 9: SCOPE OF WORK.
The City Administrator, or his designee, shall supervise the
provision of consulting services by Consultant. The Parties intend that
the anticipated scope of work shall be consistent with the attached
Exhibit "A," Scope of Work. The City Administrator will also ensure that
Consultant does not exceed 960 hours in any calendar year.
SECTION 10: INDEMNIFICATION.
Vernon shall indemnify Consultant for any liability that may
result from acts that are undertaken by Consultant on behalf of Vernon
pursuant to this Agreement.
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1 SECTION 11: VALIDITY.
2 In the performance of this Agreement, Consultant shall abide
3 by and conform to any and all applicable laws of the United States, the
4 State of California, and ordinances, regulations, and policies of Vernon.
5 Further, Consultant agrees to notify the City Administrator regarding the
6 number of hours spent providing consulting services to any other city or
7 local public agency during the term of this Agreement within one week
8 after beginning to provide such services.
9 SECTION 12: AGREEMENT.
10 Vernon and Consultant both acknowledge that this Agreement is
11 subject to the provisions of Government Code Section 21224, which states
12 in its entirety as follows:
13 "A retired person may serve without reinstatement
14 from retirement or loss or interruption of benefits
15 provided by this system upon appointment by the
16 appointing power of a state agency or any other
17 employer either during an emergency to prevent
18 stoppage of public business or because the retired
19 employee has skills needed in performing work of
20 limited duration. These appointments shall not
21 exceed a total for all employers of 960 hours in any
22 calendar year, and the rate of pay for the employment
23 shall not be less than the minimum, nor exceed that
24 paid by the employer to other employees performing
25 comparable duties."
26 SECTION 13: NOTICES.
27 Notices and communications concerning this Agreement shall be
28 sent to the following addresses:
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Vernon: THE CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: JAMES PERSONS
1943 Port Edwards Place
Newport Beach, Ca 92660
SECTION 14: ASSIGNMENT.
Neither Vernon nor Consultant shall assign or transfer its
interest in this Agreement.
SECTION 15: EXTRA SERVICES.
No extra services beyond the scope of this Agreement shall be
rendered by Consultant unless such extra services shall be authorized in
writing by the City Administrator of Vernon or his designee.
SECTION 16: GOVERNING LAW.
The laws of the State of California shall govern the rights,
obligations, duties and liability of the parties to this Agreement and
shall also govern the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day, month and year first above
written.
THE CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
EDUARDO OLIVO, City Attorney
By:
JAMES PERSONS
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EXHIBIT "A"
SCOPE OF WORK
1. Training of a replacement Traffic Engineer for the City
of Vernon Community Services & Water Department.
2. Ongoing plan checking for various phases of the
construction of the Alameda Corridor Project.
3. Assistance on the Santa Fe Avenue and Soto Street Traffic
Coordination Project.
4. Assistance on the Los Angeles County Department of Public
Works Traffic Signal Coordination Project on Atlantic Boulevard.
5. Assistance in review of the Gateway City's Truck Impact
Intersection Study, including upgrading the traffic signals of Boyle
Avenue, Slauson Avenue and Atlantic Boulevard and Bandini Boulevard.
6. Assistance on plan review for the Alcoa Avenue and
Fruitland Avenue -Alcoa Avenue and Slauson Avenue Traffic Signal Upgrade
Project.
7. Daily work such as traffic accident records, traffic
counts, traffic signal maintenance, traffic signal maintenance records,
traffic sign maintenance and sign maintenance records.
8. Any other miscellaneous projects or matters that may be
assigned by the City Administrator or the Director of Community Services
& Water.
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