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Resolution No. 96862 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN INDEPENDENT CONTRACTOR AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND DAVID TOKOFSKY REGARDING PUBLIC RELATIONS WHEREAS, the City of Vernon desires to retain the services of a strategic consultant to perform community outreach to school districts, neighboring communities and public relations services on' behalf of the City (the "Services"); and WHEREAS, the City has determined that David Tokofsky ("Tokofsky"), a community relations specialist, possesses the technical knowledge and expertise to furnish the Services required by Ithe City; and WHEREAS, Tokofsky has been performing Services for the City since January 14, 2008; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Tokofsky setting forth the terms and conditions for the performance of the Services to enhance Iservices provided to the Vernon community; and WHEREAS, the City Council desires to ratify all Services and actions taken by Tokofsky since January 14, 2008. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and correct." SECTION 2: The City Council of the City of Vernon hereby approves the Independent Contractor Agreement with Tokofsky effective January 14, 2008, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference, and ratifies all Services and actions taken by Tokofsky pursuant to the Agreement. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City hereby authorizes the City Administrator, or his designee, to make whatever non - substantive, administrative and/or text changes, upon advice of counsel, to the Agreement. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take any action deemed necessary to carry out or to perform such other acts and deeds as may be necessary or convenient to effect the purposes of the Agreement and the transactions therein authorized. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed Agreement to: David Tokofsky 5238 Eagle Rock Blvd. Los Angeles, CA 90041 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: 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 4th day of August, 2008. AT EST. M NUELA GIRONI City Clerk Name: Leonis C. Malburg Title: Mayor / -May Dr^_T^m - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9686, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, August 4, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) )141t�- A-lrt 11 MANUELA GIRON, City Clerk 4 - EXHIBIT A Independent Contractor Agreement THIS AGREEMENT is made January 14"', 2008 between the City of Vernon (hereinafter called "The City") and David Tokofsky, 5238 Eagle Rock Blvd, Los Angeles, CA 90041-or David Tokofsky and any associates or successor business helping the Contractor (hereinafter called "Independent Contractor"), WITNESSETH: WHEREAS, The City desires to obtain the benefit of Independent Contractor's professional expertise, educational background, teaching experience, and knowledge of communities and cities of interest to The City; and WHEREAS, Independent Contractor desires to render professional services on behalf of The City as an Independent Contractor, on the terms and conditions hereinafter stated, NOW THEREFORE, in consideration of the covenants and agreements herein contained the parties agree as follows: 1. Term. Subject to the provision for termination as hereinafter provided, the term of this Agreement shall extend from January 14, 2008 and shall continue until written notice given by the City. 2. Extent of Services. Independent Contractor shall perform the services set forth in Exhibit A of this Agreement in a full and sufficient manner. 3. Compensation. For all services rendered by the Independent Contractor under this Agreement, The City agrees to compensate Independent Contractor $2500 per month due upon invoice by Independent Contractor and approved by The City. Contractor will be reimbursed for expenses such as supplies, copies, meeting materials, postage, meals, travel over 100 miles at any one given time, lodging, parking, and any unusual need that may arise but approved by The City. 4. Liability for Taxes. Independent Contractor shall not be deemed or construed to be an employee of The City, nor entitled to any benefits of an employee of The City such as, but not limited to, worker's compensation, group insurance, vacation, sickness and accident payments, and pension contributions. Independent Contractor shall not be treated as an employee with respect to services rendered hereunder for purposes of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act or income tax withholding at source. Independent contractor accepts full and exclusive responsibility with respect to the payment of self employment and Federal and State income taxes, including declarations and payments of estimated taxes. 5. Renewal and Termination. This agreement may be terminated at any time by giving written notice to the other party not later than fifteen days prior to the effective date of termination. Payment for all work performed will be due to Independent Contractor within 45 days of termination. This agreement continues between The City and Independent Contractor on the terms and conditions of their agreement for the time until notification and will continue on the terms and conditions of their agreement unless changes are added to duties and assignments. 6. Entire Agreement. This instrument, together with an attached exhibits and appendices and modifications along the length of the agreement by the parties contains the entire agreement of the parties. It may not be changed orally but only by an agreement in writing signed by both parties. 7. Controlling Law. This agreement shall be construed, enforced and governed in all respects by the laws of the State of California. 8. Other. The City shall not hold the Independent Contractor liable for any injuries, tragedies or wrongdoings that could occur at the Pools or other projects developed by the Independent Contractor on behalf of The City. 9. Communications: The Independent Contractor will inform The City on a regular basis in meetings and through written or electronic correspondence of the progress and items the Independent Contractor in pursuing on behalf of The City. Read and Approved. The City of Vernon By: ATTEST: Date: By Manuela Giron, City Clerk Inde en t Contra r APPROVED AS TO FORM: By: Date: 12�10( Jeff A. Harrison, City Attorney David Tok fsky SS 546-33-9478 EXHIBIT A EXHIBIT A SCOPE OF SERVICES David Tokofsky will outreach to the communities surrounding Vernon. David Tokofsky will network to school boards and districts in the area to determine their concerns and aspirations. Mr. Tokofsky will network with community organizations, leaders, schools, parents and others to find their wants and needs that can be prepared into proposals for Vernon's consideration. Such ideas as Science Days, Pools reopened for summer, parent support items to help them engage with their students, aid to community groups and organizations are some of the projects and plans that can be developed. Reaching out and arranging meetings with significant Southeast leaders who have good programs and social connections will be part of Mr. Tokofsky's work. Additionally Mr. Tokofsky will attend planning meetings and constantly develop ideas, connections for the Vernon team to reach out on the grass roots levels to those who will appreciate the generosity and neighborly commitments of the City of Vernon. 4305 Santa Fe Avenue, Vernon, California 90058 ( Telephone (323) 583-8811 August 13, 2008 Mr,-.. David Tokofsky 5238 Eagle Rock 'Blvd. Los Angeles, CA 90041 Re- Independent Contractor Agreement Dear Mr. Tokofskys Transmitted herewith is a fully executed original agreement as referenced above, approved by the City Council of the City of Vernon on August 4, 2008, through Resolution No 9686. If you have any questions regarding this matter, please call'Mr Jeff Harrison at (323,) 583-8811 ext. 173, Very tru ell .ly yours i City Clerk NG:dr c: Resolution No. 9686 Agreement File No. 08-076 Excfusivefy Industrid Independent Contractor Agreement THIS AGREEMENT is made January 14a', 2008 between the City of Vernon (hereinafter called "The City") and David Tokofsky, 5238 Eagle Rock Blvd, Los Angeles, CA 90041-or David Tokofsky and any associates or successor business helping the Contractor (hereinafter called "Independent Contractor"), WITNESSETH: WHEREAS, The City desires to obtain the benefit of Independent Contractor's professional expertise, educational background, teaching experience, and knowledge of communities and cities of interest to The City; and WHEREAS, Independent Contractor desires to render professional services on behalf of The City as an Independent Contractor, on the terms and conditions hereinafter stated, NOW THEREFORE, in consideration of the covenants and agreements herein contained the parties agree as follows: 1. Term. Subject to the provision for termination as hereinafter provided, the term of this Agreement shall extend from January 14, 2008 and shall continue until written notice given by the City. 2. Extent of Services. Independent Contractor shall perform the services set forth in Exhibit A of this Agreement in a full and sufficient manner. 3. Compensation. For all services rendered by the Independent Contractor under this Agreement, The City agrees to compensate Independent Contractor $2500 per month due upon invoice by Independent Contractor and approved by The City. Contractor will be reimbursed for expenses such as supplies, copies, meeting materials, postage, meals, travel over 100 miles at any one given time, lodging, parking, and any unusual need that may arise but approved by The City. 4. Liability for Taxes. Independent Contractor shall not be deemed or construed to be an employee of The City, nor entitled to any benefits of an employee of The City such as, but not limited to, worker's compensation, group insurance, vacation, sickness and accident payments, and pension contributions. Independent Contractor shall not be treated as an employee with respect to services rendered hereunder for purposes of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act or income tax withholding at source. Independent contractor accepts full and exclusive responsibility with respect to the payment of self employment and Federal and State income taxes, including declarations and payments of estimated taxes. 5. Renewal and Termination. This agreement may be terminated at any time by giving written notice to the other party not later than fifteen days prior to the effective date of termination. Payment for all work performed will be due to Independent Contractor within 45 days of termination. This agreement continues between The City and Independent Contractor on the terms and conditions of their agreement for the time until notification and will continue on the terms and conditions of their agreement unless changes are added to duties and assignments. 6. Entire Agreement. This instrument, together with an attached exhibits and appendices and modifications along the length of the agreement by the parties contains the entire agreement of the parties. It may not be changed orally but only by an agreement in writing signed by both parties. 7. Controlling Law. This agreement shall be construed, enforced and governed in all respects by the laws of the State of California. 8. Other. The City shall not hold the Independent Contractor liable for any injuries, tragedies or wrongdoings that could occur at the Pools or other projects developed by the Independent Contractor on behalf of The City. 9. Communications: The Independent Contractor will inform The City on a regular basis in meetings and through written or electronic correspondence of the progress and items the Independent Contractor in pursuing on behalf of The City. Read and Approved: The City of Vernon By` cc _ Date: By: Date: 12�&� David Tole fskv SS 546-33-9478 ATTEST By: anuela Giron, bVy Clerk APPROV AS TO FORM: Ff Harrison, City Attorney EXHIBIT A EXHIBIT A SCOPE OF SERVICES David Tokofsky will outreach to the communities surrounding Vernon. David Tokofsky will network to school boards and districts in the area to determine their concerns and aspirations. Mr. Tokofsky will network with community organizations, leaders, schools, parents and others to find their wants and needs that can be prepared into proposals for Vernon's consideration. Such ideas as Science Days, Pools reopened for summer, parent support items to help them engage with their students, aid to community groups and organizations are some of the projects and plans that can be developed. Reaching out and arranging meetings with significant Southeast leaders who have good programs and social connections will be part of Mr. Tokofsky's work. Additionally Mr. Tokofsky will attend planning meetings and constantly develop ideas, connections for the Vernon team to reach out on the grass roots levels to those who will appreciate the generosity and neighborly commitments of the City of Vernon. 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 VIA FedEx November 4, 2009 Mr. David Tokofsky 5238 Eagle Rock Boulevard Los Angeles, California 90041 Re: Notice of Termination Dear Mr. Tokofsky: We refer to the Independent Contractor Agreement entered into as of January 14, 2008, between you and the City of Vernon. Please accept this letter as our 15-day written notice to you that we are terminating the Independent Contractor Agreement. I would like to personally thank you for all of the services you performed on behalf of the City. Very truly yours, Donal O'Callaghan City Administrator DO:rmt cc: Laurence S. Wiener, City Attorney Manuela Giron, City Clerk Dgfusivefy Industrial