Resolution No. 8077r
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RESOLUTION NO. 8077
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 RICAREDO TORRES
WHEREAS, the City of Vernon desires to retain the services of
a consultant to provide assistance and consultation in conjunction with
projects, reports or other matters relating to the Finance Department
Hand Treasurer's Department; and
WHEREAS, Ricaredo Torres 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; and
WHEREAS, on October 8, 2002, the Finance Committee
recommended that the City Council approve the recommendation of Bruce
V. Malkenhorst, Director of Finance, dated October 2, 2002, that an
agreement be entered into with Ricaredo Torres on an as -needed basis.
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.
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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:
RICAREDO TORRES
1476 VIA ANITA
LA VERNE, CA 91750
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 9th day of October, 2002.
ATTEST:.
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALB RG, 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.
8077, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
October 9, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
1 AGREEMENT FOR CONTRACTUAL SERVICES
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used as
5 the original hereof for all purposes, as of this 9th day of October,
6 2002, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
8 referred to as "Vernon")
4305 Santa Fe Avenue
9 Vernon, CA 90058-0805
10 AND RICAREDO TORRES, an individual
11 (hereinafter referred to as
"Consultant")
12 1476 Via Anita
13 La Verne, CA 91750
14 RECITALS:
15 WHEREAS, Vernon desires to retain Consultant to provide
16 assistance and consultation in conjunction with projects, reports or
17 other matters relating to the Finance Department and Treasurer's
18 Department; and
19 WHEREAS, Consultant is well qualified by reason of education
20 and experience to perform such services; and
21 WHEREAS, Consultant is willing to render such professional
22 services as hereinafter defined.
23 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
24 THE PARTIES HERETO AGREE AS FOLLOWS:
25 SECTION 1: SCOPE OF SERVICES.
26 The services to be provided will be on an as -needed basis as
27 directed and authorized by the City Administrator of Vernon. Consultant
28 agrees to provide consulting services on an hourly basis as set forth
1 below. The City Administrator, or his designee, shall supervise the
2 provision of consulting services by Consultant. The City Administrator
3 will also ensure that Consultant does not exceed 960 hours in any
4 calendar year. Further, Consultant agrees to notify the City
5 Administrator regarding the number of hours spent providing consulting
6 services to any other city or local public agency during the term of
7 this Agreement within one week after beginning to provide such services.
8 SECTION 2: TERM.
9 The term of this Agreement shall be effective from
10 September 23, 2002 and shall continue on a month -to -month basis, as
11 necessary, unless terminated by either Vernon or Consultant upon
12 fifteen (15) days written notice to the other. This Agreement shall
13 automatically expire upon the completion of 960 hours of consulting
14 services by Consultant for the calendar year.
15 SECTION 3: COMPENSATION.
16 Vernon shall pay Consultant at the hourly rate of Thirty -Two
17 Dollars ($32.00), payable every month, after submission of a written
18 invoice by Consultant to the City Administrator and approval of said
19 invoice by the City Administrator. Said invoice shall describe the
20 services provided and the hours expended in providing such services.
21 SECTION 4: CANCELLATION.
22 Vernon reserves the right to cancel and terminate this
23 agreement, at its sole discretion and for any reason whatsoever, upon
24 fifteen (15) days written notice. In the event of termination,
25 Consultant shall forthwith turn over to Vernon all work product,
26 documents, records and writings prepared in connection with work
27 performed pursuant to or in connection with this Agreement.
28 / / /
1 SECTION 5: OWNERSHIP.
2 All writings, documents and records prepared, received, or
3 maintained by Consultant in connection with or as a result of services
4 performed for Vernon shall be and remain the property of Vernon.
5 SECTION 6: CAPACITY AS INDEPENDENT CONTRACTOR.
6 The provision of services by Consultant under this Agreement
7 shall be in the capacity of an independent contractor and not as an
8 employee of Vernon. For that reason, Consultant will not receive any
9 payment for holidays or vacations. In consideration for the
10 compensation paid to Consultant by Vernon pursuant to Section 3 of this
11 Agreement, Consultant agrees that Vernon, its officers, employees,
12 agents, representatives and sureties shall not be liable or responsible
13 for any benefits, including, but not limited to, worker's compensation,
14 disability, retirement, life insurance, unemployment insurance, any
15 insurance benefits, or any other benefits other than those set forth in
16 Section 3 above. Consultant agrees that he shall not sue or file a
17 claim, petition, or application therefore against Vernon or any of
18 Vernon's officers, employees, agents, representatives, or sureties.
19 SECTION 7: AMENDMENT.
20 The terms and conditions of this agreement can only be amended
21 by a written agreement between the parties hereto.
22 SECTION 8: PARTIAL INVALIDITY.
23 Wherever possible, each provision hereof will be interpreted
24 in such manner as to be effective and valid under applicable law, but
25 in case any one or more of the provisions contained herein will, for
26 any reason, be held to be invalid, illegal or unenforceable in any
27 respect, such provision will be ineffective to the extent, but only to
28 the extent, of such invalidity, illegality or unenforceability without
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invalidating the remainder of such invalid, illegal or unenforceable
provision or provisions or any other provision hereof, unless such a
construction would be unreasonable or contrary to the intent of the
parties as expressed in this Contract
CTi'(`TT(lhT Q TKML7KAKTTL1Tt1MMYfNXT
Consultant shall indemnify Vernon and its officers from any
liability arising out of any negligent services performed under this
Agreement, except to the extent arising from or caused by the
negligence or willful misconduct of the City, its officers, agents or
employees.
SECTION 10: VALIDITY.
In the performance of this Agreement, Consultant shall abide
by and conform to any and all applicable laws of the United States, the
State of California, and ordinances, regulations, and policies of Vernon.
SECTION 11: AGREEMENT.
Vernon and Consultant both acknowledge that this Agreement is
subject to the provisions of Government Code Section 21224, which states'
in its entirety as follows:
"A retired person may serve without reinstatement
from retirement or loss or interruption of benefits
provided by this system upon appointment by the
appointing power of a state agency or any other
employer either during an emergency to prevent
stoppage of public business or because the retired
employee has skills needed in performing work of
limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any
calendar year, and the rate of pay for the employment
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shall not be less than the minimum, nor exceed that
paid by the employer to other employees performing
comparable duties."
SECTION 12: NOTICES.
Notices and communications concerning this Agreement shall be
sent to the following addresses:
Vernon: THE CITY OF VERNON
ATTENTION: FINANCE OFFICE MANAGER
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: RICAREDO TORRES
1476 VIA ANITA
LA VERNE, CA 91750
SECTION 13: ASSIGNMENT.
Neither Vernon nor Consultant shall assign or transfer its
interest in this Agreement.
SECTION 14: 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.
g7f'rPrnrT 1 C�• f_nlrV D AT TATr T'AW
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.
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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.
RICAREDO TORRES
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SUPPORTING
DOCUMENTS
1 AGREENENT.FOR CONTRACTUAL SERVICES
2
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and used as
5 the original hereof for all purposes, as of this 9th day of October,
6 2002, in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
8 referred to as "Vernon")
4305 Santa Fe Avenue
9 Vernon, CA 90058-0805
10 AND RICAREDO TORRES, an individual
11 (hereinafter referred to as
"Consultant")
12 1476 Via Anita
13 La Verne, CA 91750
14 RECITALS:
15 WHEREAS, Vernon desires to retain Consultant to provide
16 assistance and consultation in conjunction with projects, reports or
i
17 other matters relating to the Finance Department and Treasurer's
18 Department; and
19 WHEREAS, Consultant is Well qualified by reason of education
20 and experience to perform such services; and
21 WHEREAS, Consultant is willing to render such professional
22 services as hereinafter defined.
23 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
24 THE PARTIES HERETO AGREE AS FOLLOWS:
25 SECTION 1: SCOPE OF SERVICES.
26 The services to be provided will be on an as -needed basis as
27 directed and authorized by the City Administrator of Vernon. Consultant
28 agrees to provide consulting services on an hourly basis as set forth
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(below. The City Administrator, or his designee, shall supervise the
provision of consulting services by Consultant. The City Administrator
will also ensure that Consultant does not exceed 960 hours in any
calendar year. Further, Consultant agrees to notify the City
Administrator regarding the number of hours spent providing consulting
services to any other city or local public agency during the term of.
this Agreement within one week after beginning to provide such services.
SECTION 2: TERM.
The term of this Agreement shall be effective from
September`23, 2002 and shall continue on a month -to -month basis, as
necessary, unless terminated by either Vernon or Consultant upon
fifteen (15)•' days written notice to the other. This Agreement shall
automatically expire upon the completion of 960 hours of consulting
services by Consultant for the calendar year.
SPrTTOW I • rnMDr'KTQATTn11,T
Vernon shall pay Consultant at the hourly rate of Thirty -Two
Dollars ($32.00), payable every month, after submission of a written
invoice by Consultant to the City Administrator and approval of said
invoice by the City Administrator. Said invoice shall describe the
services provided and the hours expended in providing such services.
gP.rTTnM d • rAM PT.T.ATTOXT
Vernon reserves the right to cancel and terminate this
agreement, at its sole discretion and for any reason whatsoever, upon
fifteen (15) days written notice. 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.
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.qF:f"TTnN Ci• nWNT+PgWTD
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.
SECTTnN F _ rAPArTTV Afi TTTTIFPPMnPWTT rnKTTPArTnP
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
compensation paid to Consultant by Vernon pursuant to Section 3 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 7: AMENDMENT.
The terms and conditions of this agreement can only be amended
by a written agreement between the parties hereto.
SECTION 8: PARTIAL INVALIDITY.
Wherever possible, each provision hereof will be interpreted
in such manner as to be effective and valid under applicable law, but
in case any one or more of the provisions contained herein will, for
any reason, be held to be invalid, illegal or unenforceable in any
respect, such provision will be ineffective to the extent, but only to
the extent, of such invalidity, illegality or unenforceability without
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1 invalidating the remainder of such invalid, illegal or unenforceable
2 provision or provisions or any other provision hereof, unless such a
3 construction would be unreasonable or contrary to the intent of the
4 parties as expressed in this Contract.
5 SECTION 9: INDEMNIFICATION.
6 Consultant shall indemnify Vernon and its officers from any
7 liability arising out of any negligent services performed under this
8 Agreement, except to the extent arising from or caused by the
9 negligence or willful misconduct of the City, its officers, agents or
10 employees.
11 SECTION 10: VALIDITY.
12 In' the performance of this Agreement, Consultant shall abide
.13 by and conform to any and all applicable laws of the United States, the
14 State of California, and ordinances, regulations, and policies of Vernon.
15 SECTION 11: AGREEMENT.
16 Vernon and Consultant both acknowledge that this Agreement is
17 subject to the provisions of Government Code Section 21224, which statesl'I
18 in its entirety as follows:
19 "A retired person may serve without reinstatement
20 from retirement or loss or interruption of benefits
21 provided by this system upon appointment by the
22 appointing power of a state agency or any other
23 employer either during an emergency to prevent
24 stoppage of public business or because the retired
25 employee has skills needed in performing work of
26 limited duration. These appointments shall not
27 exceed a total for all employers of 960 hours in any
28 calendar year, and the rate of pay for the employment
1 shall not be less than the minimum, nor exceed that
2 paid by the employer to other employees performing
3 comparable duties."
4 SECTION 12: NOTICES.
5 Notices and communications concerning this Agreement shall be
6 sent to the following addresses:
7 Vernon: THE CITY OF VERNON
8 ATTENTION: FINANCE OFFICE MANAGER
4305 SANTA FE AVENUE
9 VERNON, CA 90058-0805
10 ° Consultant: RICAREDO TORRES
1476 VIA ANITA
11 LA VERNE, CA 91750
12 SECTION 13: ASSIGNMENT.
13 Neither Vernon nor Consultant shall assign or transfer its
14 interest in this Agreement.
15 SECTION 14:- EXTRA SERVICES.
16 No extra services beyond the scope of this Agreement shall be
17 rendered by Consultant unless such extra services shall be authorized in
18 writing by the City Administrator of Vernon or his designee.
19 SECTION 15: GOVERNING LAW.
20 The laws of the State of California shall govern the rights,
21 obligations, duties and liability of the parties to this Agreement and
22 shall also govern the interpretation of this Agreement.
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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. MALB%IRG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By: cJA. w
EDUARDO OLIVO, City Attorney
By:
RICAREDO TORRES
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