Resolution No. 2011-049RESOLUTION NO. 2011-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE
OFFICE OF ADMINISTRATIVE HEARINGS FOR HEARING
SERVICES PERTAINING TO THE DANIEL O'NEIL MATTER
WHEREAS, the City of Vernon ("City) wishes to retain the
services of the Office of Administrative Hearings (the "OAH") to
conduct a hearing regarding the industrial disability retirement of
Daniel O'Neil (the "Services"); and
WHEREAS, by memo dated March 23, 2011, the Interim City
Attorney recommends the City enter into.an agreement with the OAH
setting forth the terms and conditions under which OHA will provide
the Services (the "Agreement"); 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 the Agreement with OAH for hearing services.
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 with the Office of Administrative Hearings, in
substantially the same form attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to the OHA.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 5th day of April, 2011.
Name: Hilario Gonzales
Title: Mayor
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City.of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-49, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, April 5, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this / day of April, 2011, at Vernon, California.
(SEAL)
4�J
- 3 -
EXHIBIT A
AGREEMENT
THIS AGREEMENT, made and entered into on at Sacramento, County of
Sacramento; State of California, by and between the State of California, hereinafter called STATE,
through its duly appointed Director of the Office of Administrative Hearings, andithe CITY OF
VERNON, hereinafter called CITY.
WITNESSETH:
WHEREAS, the services of the Office of Administrative Hearings, Department of General Services,
may be needed by CITY for conducting hearings and. issuing proposed decisions and
WHEREAS, STATE has.the authority to contract with CITY for the rendering of hearing services
pursuant to Government. Code -Section 27727, and is amenable to the furnishing of such services when
required personnel are available. by STATE,
NOW THEREFORE, ITIS MUTUALLY AGREED betweenthe.parties kereto as follows:
I. Upon request of CITY, STATE will furnish the services of Administrative Law Judges
to CITY for the purpose of conducting hearings under the authority of Goverument;Code Section 2,7727.
The assignment of Administrative Law Judges for hearings will be at the discretionof the Director
and/or Presiding Administrative Law Judges, who may elect to bear the matter themselves.
2. In consideration of the performance of such services by ST/
STATE the cost of rendering such services. In the event a calendared case is
r to be re-calendared, otherthan by the Office of Administrative Hearings, ani
Administrative Hearings is unable to schedule the Administrative Law Judg
agrees to pay STATE for the original hearing time or until the Judge is assig
whichever occurs first. Every effort will be•made to promptly reassign the sc
judge in the event a calendared matter is cancelled, taken off caRndar;,settle
continued. Costs shall be computed in accordance with the rates.set forth in,i
Services Price Book;current.with the term of this Agreement. STATE agrees
services which are:rendered hereunder.
ees to pay to
tar, or needs
law
3. This Agreement commences..effective the date of first above written. and shall continue'
in full force and effect until either party shall notify In writing the other party of its determination to
terminate the Agreement, which termination' shall -occur sixty (60) days after the mailing of such notice.
IN WITNESS WHEREOF, this Agreement has been executed by and on be of the parties
hereto, the day and year first above written.
CITY OF VERNON
Title
Hilario Gonzales, Mayor
OFFICE OF ADMINISTRATIVE HEARINGS
NOAH VALADEZ, Chief of Administration
(OAH 22, REV. V05) --
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi, Interim
City Attorney
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
April 7, 2011
Steven M. Berliner, Esq.
Liebert Cassidy Whitmore
6033 W. Century Blvd., Suite 500
Los Angeles, CA 90045
Re: Hearing Services Agreement Pertaining to the Daniel O'Neil Matter
Dear Mr. Berliner:
Transmitted herewith are two partially executed Hearing Services agreements, as referenced
above and a certified copy of Resolution No. 2011-49, approved by City Council on April 5;
2011.
Please return one fully executed original agreement to the undersigned.
If you have any questions regarding this matter, please contact me at (323) 583-8811 ext. 175.
Very ly yours,
WILLARD G. YA UC
City Clerk/Interim ty Attorney
WGY:dj
Enclosures
c: Purchasing Department
Resolution No. 2011-49
Agreement File No. 11-039
cCusiveCy Industiiaf
AGREEMENT'
THIS AGREEMENT; made and tpteeed:Into on April 5, 20Ll, .;t at Sacramento, #`ounty.of
Sacramento, State of California, by,: and betvegwp the State of California, hereinafter: balled STATE,
through its duly appointed Director of tho-Of ke of Administrative Heariit'gs, aaA the CITI, O
VERNON, hereinafter called CITY.
WITNESSETH:
WHEREAS,. the servieescaf the Uffice of Administrative. Hearings, Degart tone of Gerie.,AI Services,
may be needed by CITY foe conducting hearings: and..issuing proposed dec slonsv and -
WHEREAS; STATE Gas,the:authority to contract with CITY forthe.rendeiing of hearing serkiees
:pursuant to Government, Spetiort x77Z7, and>is amenable to. the furnishing ni'skil se , 'ices:when
required: personnel are available -by. STATE,.
NOW THEREFORE,, IT' ISTk1 f ITYJALLY AGREED betweeXf the,-arties li'ereto as follows
1. Upon request of CITY, STATE will furnish the services;:of Admibl#0ativ4 Law ,fudges .
to CITY for the purpose ofcottducfing heaings under the authtiHty of GovernaientCatie Sec#ioni 272.7.
The: assignment of'Administrative Law'Jfidges for:hearings willWetter
and/or Presiding.AdmioistraHveLaw Judges, who may elect to hear the n a#twsr"Ives:
2. In ednsideration. of the performance of such serVlees bg S7 ATE, CITY agrees to pay to
STATE the cost of rendering such cervices !la thesvvent a calendared case is taken o f caleadhr„or needs
to be re-calendared•, gther than by the Qf let of Administrative 11.0arings, hod the of Office
Administrative Hearings is unable;go, seheilrYle the'Admmistr-ativesLaw J4dgefor ahother case,,CL7 Y
agrees to pay STATE for the drighm heartrig time.:or until the JrMdge is asalgned m oiiotberfiase,
whichever occurs first. Every effofrt will Ee made to promptly roassign.the'. schedpled a W44tradve law
judge in the event a cadc0wir1ed$.taken off Caleitdan;esetCled, re ea%ndaredor
continued; Costs shall be computed In Av,4,edance with the ratcp.:setforth: ii the I%partment'of General
Services Price.flook current.with the tergr ofthis Agreements STATE agrees ,to auhtnit itivoices4dr
services which are reodvred hereander.
3 This Agreement tom meneea effective the shall continue:
in full force and effect until eitbet.0ar .. #hall notify in writing the other pa"nY offs determination #o
terminate the Agroenicnq wbit:k termmatiom shall occur sixty .(60) days after tbem ra ing„of sucit nbtiee..
IN WITNESS WHEREOF; this Agreefltenthas been eaee'utedrby and on lie of
hereto; the day and yearfirst above written: <
CITY OF VERNON
Title —�--
Hilario Gonzales
OFFICE OF ADMINISTRATIVE IP;ARINGS
NO.AH VALADEZ, Chief of Aftinistratton
-(OAfi. 22, REV. U05).
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Willard Yamaguchi, City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
Resolution No. 2011-49 - A Resolution of the City
Council of the City of Vernon Approving and
Authorizing the Execution of an Agreement by and
Between the City of Vernon and the State of
California, Acting by and Through the Office of
Administrative Hearings for Hearing Services
Pertaining to the Daniel O'Neil Matter
IN WITNESS WHEREOF, I have reunto set my hand and affixed
the official Seal of the City o Vernon, County of Los Angeles,
State of California, on this day of April 2011.
SEAL:
Wiltlard 13.
City Clerk
08/01/2012 PER KARINA
& WILLARD - FULLY
EXECUTED
AGREEMENT NOT
RECEIVED. THE CITY
MORE THAN LIKELY
WILL NOT RECEIVE
C1] ►i`L,
RECEIVED
MAR 2 4 2011
CITY ADMINISTRATION
STAFF REPORT
CITY ATTORNEY'S OFFICE
DATE: March 23, 2011
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, Interim City Attorney
RE: Office of Administrative Hearings Agreement
The City requires the services of the Office of Administrative Hearings to conduct a hearing
regarding Daniel O'Neil's disability retirement application.
Recommendation
It is hereby recommended that the City Council approve the Agreement for Hearing Services
with the Office of Administrative Hearings to provide services related to the Daniel O'Neil
matter.
WY:em
Attachments
AGREEMENT
THIS AGREEMENT, made and entered into on. at Sacramento, County of
Sacramento, State of California, by and�betwcen the State of Califotnia, hereinafter called STATE,
through its duly appointed Director of the - Office of Administrative_Hearings, and,the CITY OF
VERNON, hereinafter called CITY
WITNESSETH:
WHEREAS, the services of the Office of Administrative Hearings, Department of General Services,
may be needed by CITY for conducting hearings and issuing proposed decisions and'
WHEREAS, STATE has the au'tliority to contract with CITY for the'rendering of hearing services,
pursuant to Government Code; Sectioo 27727, and is amenable to the furnishing of such services when
required personnel are available by STATE,
NOW THEREFORE,?IT IS MUTUALLY AGREED between the parties hereto as follows:
1. Upon request of CITY; STATE will furnish the services of Administrative Law Judges
to CITY for the purpose of conducting hearings under the authority of Government Code Section 27727.
The assignment of Administrative Lawn Judges for hearings will beat the discretion of the Director
and/or Presiding Administrative Law Judges, who may elect to bear the matter themselves.
2. In consideration of the performance of such services by STATE,,CITY agrees to pay to
STATE the cost of rendering such services. In the event a calendared case is taken off valendar, or needs
to be re-calendared; other than by the Office of Administrative Hearings, and the,Office of
Administrative Hearings is unable to schedule theAdministrativel.awJudge for another, casel CITY
agrees to pay STATE for the original hearing time,or until the Judge is assignedE tq another case,
whichever occurs first. Every effort will be•made to promptly reassign the scheduled administrative laW
judge in the event a calendared 4tatter is cancelled, taken;offcalendar, settled, r&cal'endared`or
continued: Costs shall be computed 111,4 cordanee with the rates'set forth in the Department of General
Services Price Book current,withl the term of this Agreement: STATE agrees to submit invoices for
services which are;rendered hereunder.
3. This Agreement commences effective the date of first above written and shall continue
in full force and effect until either party shall -notify in writing the other party, of its determination to'
terminate the Agreement, which terminatiomshall occur sixty (60):days after the mailing of such notice.
IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties
hereto, the day and year first above written.
CITY OF VERNON
Title
OFFICE OF ADMINISTRATIVE HEARINGS
NOAH VALADEZ, Chief of Administration
(OAH22-,REV. 1/05)
t uUt"w Vllb, ants uulcr wtcrnaurv;t; ulspute resutuuun pruuecurrjp. rteuau narc uac citctuNvu
updated "Agreement for Hearing Services" signed by the. approprite.officta1-ant)':-include that.
individual's title, mailing address, telephone and FAX numbers, and e,matl address. please .
also attach a certified copy of the minute.order or other atithortYy grantad byzthe+Ctty for,the
official who signs this Agreement Retuin.the undated, -ri irifil Agre�nent (rota copy)" tp this E
office where we will add the date and return a fully execute l .ppy to you.
Government Code section 11370. 4 requires that"all cosxs —Ath 0ffice�4f Af1m1r11straYivQ.:;
Hearings be recovered from the agerrcies.served ' the houzly,rate for.Admtr�istratvc•Law
Judge services is currently $1$O b; plus an $0.00'fihtig fee pet ;case. , We will ndu3se you;of
any Changes. If a hearing is cancelled you must notify our office as quickly as por;slble. If
notice is received in time to reassign the Administrative Iyavv 7uc)gas=tiie� r yes1 )rbe vVil l not
be billed. You will otherwise be'billed for the scheduled ttearing t(t1t.
Once this Agreementhas been executed,you •can contact the nearest of our offices to schedule
a hearing, mediation, or.other proceeding. Please use the "Request to Set" form on our
website at h tp://mww dgs cs.kov/oah/Getteral Jurisdiction/Forms. Agenciestypically arrange
for a court reporter or tape recording of their hearings. If ypu:needthis:office t6 makethe
arrangements for the court reporter, provide as much notice -as possible abd make that specific
request when you contact the Calendar Clerk to set your'hcaring.
Reglonal O(gces
Los Angeles Oakland Sa(I 6)a o ` an Nuya
320 West•FnuY h Street 1515 Clay Street 1350 Frotlt lre¢t �(5350 ¢lierman Yalpy
-SUIW630 Solte 206 sulte 39g5 860
Los AngelBa, CA 90013 Oak
lafip CA 94613 6ajt DlagO - A92,191 van tyiys Avg
36O06
i� (213) 5787¢00
Fax (213) 5767244
f1'2k �-041�9t.: _.
Page 1 of 1
Juarez, Debbie
From: Juarez, Debbie
Sent: Thursday, June 30, 2011 10:19 AM
To: Yamaguchi, Willard; Rueda, Karina
Subject: FW: RES. NO. 2011-49 & PARTIALLY EXECUTED OFFICE OF ADMINISTRATIVE HEARINGS
AGREEMENT
Attachments: RESOLUTION NO. 2011-49 & PARTIALLY EXECUTED OFFICE OF ADMINISTRATIVE
HEARINGS AGREEMENT .PDF
Have you received the fully executed agreement?
rDe6orah Juarez
Records 911anagement Assistant
City of Vernon - city Clerk's Office
4305Santa TeAvenue
Vernon, CA 90058
(323) 583-8811
From: Juarez, Debbie
Sent: Wednesday, April 06, 2011 2:35 PM
To: Yamaguchi, Willard
Subject: RES. NO. 2011-49 & PARTIALLY EXECUTED OFFICE OF ADMINISTRATIVE HEARINGS
AGREEMENT
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