Resolution No. 84601
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RESOLUTION NO. 8460
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 STEVEN E. PARKER
WHEREAS, Steven E. Parker has served as Fire Chief since
February 5, 2001; and
WHEREAS, Steven E. Parker has submitted his resignation from
the position of Fire Chief with the City effective June 30, 2004; and
WHEREAS, the City Council desires to retain the services of
Steven E. Parker; and
WHEREAS, Steven E. Parker desires to continue to work for the
City on a consultant basis while the City Council considers a suitable
replacement; and
WHEREAS, Steven E. Parker 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 June 15, 2004, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst dated June 10, 2004, to
approve an agreement with Steven E. Parker.
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
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attached hereto and incorporated by reference as Exhibit A.
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 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 16th day of June, 2004.
'a L ONIS C. ATTEST: MALB RG, May r
BRUCE V. MALKENHORST, City Clerk
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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.
8460, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 16,
2004, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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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 16th day of June, 2004,
in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND STEVEN E. PARKER, an individual
(hereinafter referred to as
"Consultant")
28612 Munera
Mission Viejo, CA 92692
V P('TrPTT Q.
WHEREAS, Consultant began serving City as its Fire Chief on
February 5, 2001; and
WHEREAS, Consultant has advised City that he would like to
retire effective June 30, 2004, pursuant to the provisions of the
Public Employees Retirement System ("PERS"); and
WHEREAS, upon his retirement, Consultant will become subject
to the provisions of Government Code Section 21224, which limits his
activities for City so that they shall not exceed 960 hours in any
calendar year; and
WHEREAS, Consultant would like to continue working for City
beginning July 1, 2004, consistent with the requirements of PERS, as
the Temporary Fire Chief in order to assist City in the transition to a
new Fire Chief; and
WHEREAS, City desires to retain Consultant to provide
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assistance and consultation in conjunction with fire department matters
including, but not limited to, acting as the Temporary Fire Chief of
for City and the training of a replacement to become Fire Chief for
City; 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
services 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 on an as -needed basis as
directed and authorized by the City Administrator of City. Consultant
agrees to provide -consulting services as set forth below. The City
Administrator, or his designee, shall supervise the provision of
consulting services by Consultant. Consultant will be required to work
forty (40) hour work week subject to the 960 hour calendar year
limitation discussed above. The City Administrator will also ensure tha
IConsultant does not exceed 960 hours in any calendar year.
SECTION 2: TERM.
The term of this Agreement shall be effective from July 1,
2004 to December 31, 2005, provided that Consultant has not exceeded a
total of 960 hours of consulting services for each of the calendar years
of 2004 and 2005, respectively, during said time. Once Consultant
reaches the 960 hour limit for the 2005 calendar year, this Agreement
shall expire. Further, both City and Consultant shall have the right to
terminate this Agreement on thirty (30) days written notice.
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SECTION 3: COMPENSATION.
City shall pay Consultant at the rate of Ten Thousand Eight
Hundred Forty -Seven Dollars and No Cents ($10,847.00), payable every
month, after submission of a written invoice by Consultant to the City
Administrator and approval of said invoice by the City Administrator. In
addition, City shall continue to pay the cost of health and dental
insurance during the term of this Agreement. Consultant will pay his own
operating expenses.
SECTION 4: ACCRUED VACATION TIME.
Upon retirement, Consultant will be entitled to receive
payment for all accrued and vested vacation consistent with City's
Policies regarding tfie same. Rather than receive a cash payment upon
effective date of his retirement, Consultant has requested that such
accrued vacation be compensated as a credit towards his service
requirement in this Agreement so that Consultant may take time off duri
the Agreement term. Therefore, City shall compensate Consultant on a p
hour for hour credit basis against Consultant's forty (40) hour work we
requirement for any unused accrued vacation time earned by Consultant
pre -retirement. For every hour below the forty (40) hours per week
Consultant does not work during the term of this Agreement, his accrued
vacation time will be so credited towards the forty (40) hour work week
service requirement. Both actual work hours and credited accrued
vacation time will be counted toward the 960 hour calendar year
limitation.
SECTION 5: METHOD OF PAYMENT.
City agrees to pay the Consultant based on the submittal of an
invoice to City describing the services provided and the hours expended
in providing such services. Payment shall be made by City within 15 day
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of receipt of such invoice.
SECTION 6: CANCELLATION.
City reserves the right to cancel and terminate this
Agreement, upon thirty (30) days written notice. City agrees to
compensate Consultant for actual costs incurred prior to the
cancellation of the Agreement. In the event of termination, Consultant
shall forthwith turn over to City all work product, including but not
limited to, documents, software, records and writings of any nature in
connection with this Agreement.
SFCTTnM 7• nWNRRcuTD
Any and all writings, documents and records prepared,
received, or maintained by Consultant in connection with or as a result
of services performed for City shall be and remain the property of City.
SECTION 8: 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 City. For that reason, Consultant will not receive any
payment for holidays or vacations. In consideration for the
compensation paid to Consultant by City pursuant to Section 3 of this
Agreement, Consultant agrees that City, its officers, employees, agents,
representatives and sureties shall not be liable or responsible for any
benefits except health and dental insurance, including, but not limited
to, worker's compensation, disability, retirement, life insurance,
unemployment insurance, any insurance benefits other than health and
dental insurance. Consultant agrees that he shall not sue or file a
claim, petition, or application therefore against City or any of City's
officers, employees, agents, representatives, or sureties.
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SECTION 9: AMENDMENT.
The terms and conditions of this Agreement can only be amended
by a written agreement between the parties hereto.
SECTTnN 1n- grnpp nv wnDw
City designates the City Administrator to supervise the
provision of consulting services by Consultant. The parties intend that
the anticipated scope of work shall be consistent with a continuation of
the general duties Consultant currently engages in as Fire Chief for the
City. The City Administrator also will ensure that Consultant does not
exceed 960 hours in any calendar year.
SECTION 11: 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 City.
SECTTnN 1 i - ArPPP.MPMT
City 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 13: 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: STEVEN E. PARKER
28612 MUNERA
MISSION VIEJO, CA 92692
SECTION 14: ASSIGNMENT.
Neither City nor Consultant shall assign or transfer its
interest in this Agreement.
QPt'TTn10 9 G. L'vmnm 0"TI17 r.--
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 City 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.
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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.
ATTEST:
THE CITY OF VERNON
By:
�.LEPNIS C. MAL`BURG, V4ayor
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
ERIC T. FRESCH, City Attorney
By:
STEVEN E. PARKER
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SUPPORTING
DOCUMENTS
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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 16th day of June, 2004,
in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND
n L,f, r MA O .
STEVEN E. PARKER, an individual
(hereinafter referred to as
"Consultant")
28612 Munera
Mission Viejo, CA 92692
WHEREAS, Consultant began serving City as its Fire Chief on
February 5, 2001; and
WHEREAS, Consultant has advised City that he would like to
retire effective June 30, 2004, pursuant to the provisions of the
Public Employees Retirement System ("PERS"); and
WHEREAS, upon his retirement, Consultant will become subject
to the provisions of Government Code Section 21224, which limits his
activities for City so that they shall not exceed 960 hours in any
calendar year; and
WHEREAS, Consultant would like to continue working for City
beginning July 1, 2004, consistent with the requirements of PERS, as
the Temporary Fire Chief in order to assist City in the transition to a
new Fire Chief; and
WHEREAS, City desires to retain Consultant to provide
assistance and consultation in conjunction with fire department matterE
including, but not limited to, acting as the Temporary Fire Chief of
for City and the training of a replacement to become Fire Chief for
City; 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
services 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 on an as -needed basis as
directed and authorized by the City Administrator of City. Consultant
agrees to provide consulting services as set forth below. The City
Administrator, or his designee, shall supervise the provision of
consulting services by Consultant. Consultant will be required to work
forty (40) hour work week subject to the 960 hour calendar year
limitation discussed above. The City Administrator will also ensure that
Consultant does not exceed 960 hours in any calendar year.
SECTION 2: TERM.
The term of this Agreement shall be effective from July 1,
2004 to December 31, 2005, provided that Consultant,has not exceeded a
total of 960 hours of consulting services for each of the calendar years
Df 2004 and 2005, respectively, during said time. Once Consultant
reaches the 960 hour limit for the 2005 calendar year, this Agreement
>hall expire. Further, both City and Consultant shall have the right to
:erminate this Agreement on thirty (30) days written notice.
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SECTION 3: COMPENSATION.
City.shall pay Consultant at the rate of Ten Thousand Eight
Hundred Forty -Seven Dollars and No Cents ($10,847.00), payable every
month, after submission of a written invoice by Consultant to the City
Administrator and approval of said invoice by the City Administrator. Ii
addition, City shall continue to pay the cost of health and dental
insurance during the term of this Agreement. Consultant will pay his owi
Iloperating expenses..
Llrl+'MT l A _
ACCRUED VACATION TIME.
Upon retirement, Consultant will be entitled to receive
payment for all accrued and vested vacation consistent with City's
Policies regarding the same. Rather than receive a cash payment upon th
effective date of his retirement, Consultant has requested that such
accrued vacation be compensated as a credit towards his service
requirement in this Agreement so that Consultant may take time off durin
the Agreement term. Therefore, City shall compensate Consultant on a pe
hour for hour credit basis against Consultant's forty (40) hour work wee
requirement for any unused accrued vacation time earned by Consultant
pre -retirement. For every hour below the forty (40) hours per week
Consultant does not work during the term of this Agreement, his accrued
vacation time will be so credited towards the forty (40) hour work week
service requirement. Both actual work hours and credited accrued
vacation time will be counted toward the 960 hour cal-endar year
limitation.
SECTION 5: METHOD OF PAYMENT.
City agrees to pay the Consultant based on the submittal of an
invoice to City describing the services provided and the hours expended
Ln providing such services. Payment shall be made by City within 15 day:
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.11of receipt of such invoice.
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SECTION 6: .CANCELLATION.
City reserves the right to cancel and terminate this
Agreement, upon thirty (30) days written notice. City agrees to
compensate Consultant for actual costs incurred prior to the
cancellation of the Agreement. In the event of termination, Consultant
shall forthwith turn over to City all work product, including but not
limited to, documents, software, records and writings of any nature in
connection with this Agreement.
SECTION 7: OWNERSHIP.
Any and all writings, documents and records prepared,
received, or maintained by Consultant in connection with or as a result
of services performed for City shall be and remain the property of City.
SECTION 8: 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 City. For that reason, Consultant will not receive any
payment for holidays or vacations. In consideration for the
compensation paid to Consultant by City pursuant to Section 3 of this
Agreement, Consultant agrees that City, its officers, employees, agents,
representatives and sureties shall not be liable or responsible for any
benefits except health and dental insurance, including, but not limited
to, worker's compensation, disability, retirement, life insurance,
inemployment insurance, any insurance benefits other than health and
iental insurance. ConRii1 tan+- -w_L L _ I „
:laim, petition, or application therefore against City or any of City's
,fficers, employees, agents, representatives, or sureties.
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SECTION 9: AMENDMENT.
The terms and conditions of this Agreement can only be amender
by a written agreement between the parties hereto.
SECTION 10: SCOPE OF WORK.
City designates the City Administrator to supervise the
provision of consulting services by Consultant. The parties intend that
the anticipated scope of work shall be consistent with a continuation of
the general duties Consultant currently engages in as Fire Chief for the
City. The City Administrator also will ensure that Consultant does not
exceed 960 hours in any calendar year.
SECTION 11: 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 City.
SECTION 12: AGREEMENT.
City 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 13: 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: STEVEN E. PARKER
28612 MUNERA
MISSION VIEJO, CA 92692
SECTION 14: ASSIGNMENT.
Neither City 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 City 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.
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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:
ATTEST: EONIS C. MALB G, Ma or
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED S
By:
ERIC T. FRESCH. ity Attorney
By:
STEVEN E. PARKER
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