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RESOLUTION NO. 2004-269
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN MICHAEL B. RUTBERG AND THE CITY OF
SAN BERNARDINO FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW
OFFICER SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Professional Services Agreement between
MICHAEL B. RUTBERG and the City of San Bernardino, for hearing officer services and
administrative law officer services under the City's Municipal Code, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set
forth at length.
SECTION 2. The authorization to execute the above -referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2004-269
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211
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN MICHAEL B. RUTBERG AND THE CITY OF
SAN BERNARDINO FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW
OFFICER SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
it.
and Common Council of the City of San Bernardino at a Teg• meeting thereof, held on the
7th day of September , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
City Clerk
The foregoing resolution is hereby approved this day of September ,
2004.
Approved as to
Form and legal content:
By: Z-
S r C-1, Cops e•'
s, Mayor
Bernardino
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2004- 269
PROFESSIONAL SERVICES AGREEMENT
1. THE CITY OF SAN BERNARDINO ("CITY") and MICHAEL B.
RUTBERG are the parties to this Agreement. The term of the Agreement is for a fixed period
of two (2) years, commencing September 1, 2004 and expiring August 31, 2006. At the
conclusion of said two (2) year Agreement, MICHAEL B. RUTBERG will not be eligible to be
retained or employed in any capacity by the CITY for a period of twelve (12) consecutive
months.
2. CITY may terminate this Agreement only upon MICHAEL B. RUTBERG'S
inability or refusal to conduct hearings and render decisions or his failure to maintain his good
standing and active status, CITY shall have no other right to
terminate this Agreement. MICHAEL B. RUTBERG may terminate this Agreement at any time
by thirty (30) days written notice.
3. MICHAEL B. RUTBERG will be acting as an independent hearing officer and
administrative law officer. MICHAEL B. RUTBERG will be hearing those matters specified by
the Municipal Code which the City Administrator or other City Official may delegate to a
hearing officer or administrative law officer.
4. MICHAEL B. RUTBERG will be paid at the rate of $200.00 per hour for
preparation and travel time, conduct of hearings, and signing of orders. The hourly rate
includes overhead expenses such as telephone, photocopy, postage, mileage and related costs.
5. Bills shall be submitted at least quarterly.
6. Support staff for hearings shall be provided by the City of San Bernardino. All
hearings shall be held in the CITY at the City Hall.
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7. Any written notice required to be given under this Agreement will be provided
at the following addresses:
CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "D" Street
San Bernardino, California 92418
MICHAEL B. RUTBERG
3136 Hemstead Court
West Covina, CA 91791
8. MICHAEL B. RUTBERG is an independent contractor as to the CITY.
9. MICHAEL B. RUTBERG shall maintain the following type of insurance with
limits as shown:
a) Workers Compensation as required by the laws of the State of
California, if applicable, including Employment Liability with $250,000
limits covering all persons providing service on behalf of MICHAEL B.
RUTBERG and all risks to such persons under this Agreement.
MICHAEL B. RUTBERG shall require his Workers Compensation carrier
to waive all rights of subrogation against the CITY, and its elected
officers, officials, boards, commissions, attorneys, employees and agents
and any others for whom services are being provided under this
Agreement.
b) Automobile Liability Insurance coverage to include contractual
coverage and automobile coverage for owned, hired and non -owned
vehicles.
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c) Professional liability insurance with limits of at least $1,000,000
per claim.
All policies with respect to the insurance coverage above required, except for the Workers
Compensation insurance coverage, shall obtain additional endorsements naming the CITY, its
elected officers, officials, boards, commissions, attorneys, employees and agents under this
Agreement as additional named insured with respect to liabilities arising out of the
performance of services hereunder.
MICHAEL B. RUTBERG shall furnish certificates of insurance and certified copies of
all policies and endorsements to the Risk Management Division of the City's Human
Resources Department evidencing the insurance coverage above required prior to the
commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the
Risk Management Division, and shall maintain such insurance from the time MICHAEL B.
RUTBERG commences performance of services hereunder until the completion of such
services.
All policies required above are to be primary and non-contributing with any insurance
or self-insurance programs carried or administered by the CITY or other parties represented
under this Agreement.
10. All decisions after hearings shall be directed by MICHAEL B. RUTBERG to
the parties to the hearing, and to the City Administrator or the City Administrator's designee.
11. CITY agrees to indemnify and defend MICHAEL B. RUTBERG for any
liability imposed by law on MICHAEL B. RUTBERG as a result of any act or omission arising
out of, or performed under, his Hearing Officer duties and responsibilities under this
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PROFESSIONAL SERVICES AGREEMENT
Agreement. Any indemnification of punitive or exemplary damages shall require the findings
set forth in Government Code §825 (b) by the City Council.
12. MICHAEL B. RUTBERG will indemnify and defend (if requested by CITY)
the CITY for any act or omission except those in paragraph 10, including, without limitation,
travel to and from the CITY.
13. MICHAEL B. RUTBERG agrees be available to hold hearings at least two (2)
days per month at City Hall. The hearings shall be held on days that City Hall is open to the
public and at times specified by the CITY, unless changed by mutual agreement of the parties.
MICHAEL B. RUTBERG will be available for a full day of hearings on days scheduled for
hearing.
Dated: 9 - % 'o y
Dated:
Approved as to
Form and legal content:
CITY OF SAN BERNARDINO
J i Valles, Mayor
i/t�� o�f San Bernardino
MICHAELWBB
El