HomeMy WebLinkAbout2003-321
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RESOLUTION NO, 2003-321
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN GREER STROUD AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER ANDIOR 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 GREER
STROUD 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
ofthis resolution.
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2003-321
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT BETWEEN GREER STROUD AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER ANDIOR ADMINISTRATIVE LAW
OFFICER SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
jt.
and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the
1 st day of December, 2003, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
~
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
.'J h
(~~ ;;;. ~A.P<.-/
City Clerk
The foregoing resolution is hereby approved this ..:Srd
day of December
2003.
Judi Valles, Mayor
C' of San Bernardino
Approved as to
Form and legal content:
BY:~
Sfl"~;"'( ()~"$~/
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2003- 321
PROFESSIONAL SERVICES AGREEMENT
1. THE CITY OF SAN BERNARDINO ("CITY") and GREER H. STROUD
are the parties to this Agreement. The term of the Agreement is for a fixed period of two (2)
years, commencing December 1, 2003 and expiring November 30, 2005. At the conclusion of
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said ~ T J year Agreement, GREER H. STROUD 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 GREER H. STROUD'S
inability or refusal to conduct hearings and render decisions or her failure to maintain said good
standing and active status. CITY shall have no other right to terminate this Agreement.
3. GREER H. STROUD will be acting as an independent hearing officer and
administrative law officer. GREER H. STROUD 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. GREER H. STROUD will be paid at the rate of $200.00 per hour. 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.
7. Any written notice required to be given under this Agreement will be provided
at the following addresses:
.
2003-321
CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "D" Street
San Bernardino, California 92418
GREER H. STROUD
485 W. 2nd Street
Tustin, CA 92780
8. GREER H. STROUD is an independent contractor as to the CITY.
9. GREER H. STROUD 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 GREER H.
STROUD and all risks to such persons under this Agreement. GREER H.
STROUD shall reqUir~Orkers 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 autornobile coverage for owned, hired and non-owned
vehicles.
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
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2003-321
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.
GREER H. STROUD 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 GREER H. STROUD 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 GREER H. STROUD to the
parties to the hearing, and to the City Administrator or the City Administrator's designee.
11. CITY agrees to indemnify and defend GREER H. STROUD for any liability
imposed by law on GREER H. STROUD as a result of any act or omission arising out of, or
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performed under,)rl~ Hearing Officer duties and responsibilities under this Agreement. Any
indemnification of punitive or exemplary damages shall require the findings set forth in
Government Code g825 (b) by the City Council.
12. GREER H. STROUD 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.
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2003-321
13. GREER H. STROUD 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.
GREER H. STROUD will be available for a full day of hearings on days scheduled for
hearing.
Dated: /;) - 3 .- () 3
BERNARDINO
Dated: M ~5-~
Approved as to
Form and legal content:
BY:~~
SI' "d~ Cc>",..,~...,1
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