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HomeMy Public PortalAbout88-162 (09-06-88)RESOLUTION NO. 88-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO APPROVE A CONTRACT AGREEMENT FOR CITY PROSECUTOR SERVICES IN SUPPORT OF THE CODE ENFORCEMENT PROGRAM WHEREAS, City Prosecutor Services are currently being provided in support of the City's Code Enforcement Program; and WHEREAS, the current City Prosecutor Contract Agreement ends August 31, 1988; and WHEREAS, there is a need to provide continued City Prosecutor Services for ongoing Code Enforcement cases; and WHEREAS, Council has reviewed proposals for City Prosecutor Services for fiscal year 1988-89 (September 1, 1988 - June 30, 1989) and has selected SAMPSON AND MIDDLETON to provide said services. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: SECTION 1. Approve and adopt the attached Contract Agreement with SAMPSON AND MIDDLETON to provide City Prosecutor Services in support of the City's Code Enforcement Program for fiscal year 1988-89. SECTION 2. Authorize the Mayor to execute the attached Contract Agreement. PASSED, APPROVED and ADOPTED this 6th day of September, 1988. PAUL .H. RICHARDS, II. MAYOR City of Lynwood ATTEST: Off' ANDREA L. HOOPER, CITY CLERK City of Lynwood APPROVED AS TO CONTENT: -r--- V E L. MA IRECTOR Community Development Dept. APPROVED A~.TO FORM: `> ACCO NOTING M AGER STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood , """' do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of said City on the 6th day of _~~tamhPr , 1988, and passed by the following vote: AYES: COUNCILMEMBER HEINE, HENNING, MORRIS, WELLS, RICHARDS NOES NONE ABSENT: NONE City Clerk, City of L nwood STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. gg_162 on file in my office and that said resolution was adopted on the date and by the vote herein stated. Dated this 9th DAY OF September 1988. City Clerk ~ CONTRACT This Agreement entered into by and between the CITY OF LYNWOOD, a municipal corporation (hereinafter referred to as "City" and SAMPSON AND MIDDLETON (hereinafter referred to as "Contractor'°(. WITNESS ' WHEREAS, Contractor, by reason of training and experience, is qualified to perform the duties and functions of the City Prosecutor; and WHEREAS, Contractor is familiar with State and local laws and regulations relating to the prosecution of municipal code violations; and WHEREAS, the City does not have anyone available within its employ qualified to perform the duties and functions of City Prosecutor; and WHEREAS, Contractor is willing and qualified to perform such duties and functions from time to time, as needed by the City, and as required by the City; and WHEREAS, the City desires to contract with Contractor to perform such service to be funded with Community Development Block Grant funds and City funds. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL CONVENANTS AND CONDITIONS,THE PARTIES HERETO AGREE AS FOLLOWS: ' 1. Contractor shall perform all duties, functions and services requested by the City to be performed hereunder as an independent Contracctor; 2. The terms of this contract shall commence September 1, 1988, and shall end June 30, 1989, however, this agreement may be terminated by thirty (30) days notice in writing by either party. 3. Contractor shall review all cases pertaining to violations of municipal code sections; hold informal hearings in order to negotiate voluntary compliance and, when necessary, complete the legal procedures for prosecuting violators through the Municipal Court: 4. Contractor shall also make himself available to the staff of the City in order to give legal advise and make recommendations regarding changes, alterations or modifications to the municipal codes, in order to make them more effective; 5. It is the purpose and intent of this agreement that Contractor shall make himself available in offices assigned by the City Manager at least seven (7) hours per week, and shall be compensated at the rate of 6. The maximum amount payable under this agreement shall ' not exceed 526,500. 7. Contractor pexformiag duties of City Prosecutor shall be or a designee if mutually acceptable to the City Manager and City Prosecutor Agreement Page (~2 8. Contractor shall submit a detailed statement describing services rendered (particularly identifying each case or matter worked on) and time spent at the end of each month, and payment shall be made within thirty (30) days from submission of statement and invoice. 9. Contractor and City hereby covenant and agree that the Department of Housing and Urban Development, the City of Lynwood, ' or any of their duly authorized representatives, upon reasonable notice, shall have access to all reports, records, papers and files pertaining to the subject matter thereof for the purpose of making audits, examinations, and excerpts for a period of five years after final payment and transcription is received and all pending matters are closed; 10. Contractor agrees to comply with the terms and conditions of Executive Order 11246 titled "Equal Employment Opportunities" as amended by Executive Order 11375; 11. Contractor further agrees to comply with the terms and conditions of Title IV of the Civil Rights of 1968, Section 3 of the Housinq and Community Development Act of 1974 attached hereto; 12. The parties ackowledged and the Contractor shall cooperate fully to assure that no officer, agent, or employee of the City shall have any personal or financial interest in this Agreement or the remuneration paid pursuant to this Agreement to the Contract; 13. Any notice required to be given hereunder shall be addressed as hereinafter set forth, deposited in the United ' States mail, with postage fully prepaid thereon, and shall be deemed delivered on the fifth day following the date of mailing. iid :'dITtESS "WiiEF2a'sOF, ttie taGS'c'~rniig bvui@S Of the parties hereto have authorized this agreement and have caused said agreement to be executed by their respective officer -Clerks thereof as of the day, month and year first above written. CITY CONTRACTOR City of Lynwood 11330 Bullis Road Lynwood, CA 90262 L PAUL H. R CHARDS, IIcGMAYOR ~~ DATE : ~0 / DATE : ~~ APPROVED AS TO F BY: DATE: