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RESOLUTION NO. 2002-264
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES
3 AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN BERNARDINO FOR
HEARING OFFICER SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a Professional Services Agreement between William Holt and the
9 City of San Bernardino for hearing officer services under the City's Municipal Code, a copy of
10 which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as
11 though set forth at length.
12 SECTION 2. The authorization to execute the above-referenced agreement is rescinded
13 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
14 resolution.
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2002-264
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL
2 SERVICES AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN
BERNARDINO FOR HEARING OFFICER SERVICES
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meetin
, 2002, by the following vote, to wit
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this ~ .. (jay of August__, 2002.
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VALLES, Mayor
San Bernardino
Approved as to form and
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24 By: '-~~~ I
Sf<>Ci..1 ~~"::t
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2002-264
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PROFESSIONAL SERVICES AGREEMENT
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1.
The CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the
3 parties to this Agreement. The term of this Agreement is for a fixed period of two (2) years,
4 commencing August 5, 2002 and expiring August 4, 2004. At the conclusion of said two (2) year
5 Agreement, WILLIAM HOLT will not be eligible to be retained or employed in any capacity by
6 CITY for a period of twelve (12) consecutive months.
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2.
WILLIAM HOLT shall be an attorney in good standing and on active status with
8 the State Bar of California. CITY may terminate this Agreement only upon WILLIAM HOLT'S
9 inability or refusal to conduct hearings and render decisions or his failure to maintain said guol!
10 standing and active status.. CITY shall have no other right to terminate this Agreement.
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3.
WILLIAM HOLT will be acting as an independent hearing officer. WILLIAM
12 HOLT will be hearing those matters specified by the Municipal Code which the City Administrator
13 or other City official may delegate to a hearing officer.
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4.
WiLLIAM HOLT will be paid at the rate 01'$175.00 per hour. The hourly rate
15 includes overhead expenses such as telephone, photocopy, postage, mileage and related costs.
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Bills shall be submitted at least quarterly.
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Support staff for hearings shall be provided by the City of San Bernardino. All
18 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
20 the following address:
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CITY OF SAN BERNARDINO
CITY ADMINISTRATOR
300 North "0" Street
San Bernardino, California 92418
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WILLIAM HOLT
Post Office Box 6040
Fullerton, California 92834
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8. WILLIAM HOLT is an independent contractor as to the CITY.
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9. WILLIAM HOLT shall maintain the following type of insurance with limits as
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2002-264
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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 WILLIAM
HOL T and all risks to such persons under this Agreement. WILLIAM
HOLT shall require his Workers Compensation carrier to waive all rights
of subrogation against the CITY, 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. The policy shall have at least a combined single limit of
13 $1,000,000 for bodily injury and property damage.
14 c) Professional Liability Insurance with limits of at least
15 $1,000,000 per claim.
16 All policies with respect to the insurance coverage above required, except for the
17 Workers Compensation insurance coverage, shall obtain additional endorsements naming the CITY,
18 its elected officers, officials, boards, commissions, attorneys, employees and agents under this
19 Agreement as additional named insured with respect to liabilities arising out of the performance of
20 services hereunder.
21 WILLIAM HOLT shall furnish certificates of insurance and certified copies of all
22 policies and endorsements to the Risk Management Division of the City's Human Resources
23 Department evidencing the insurance coverage above required prior to the commencement of
24 performance of services hereunder, which certificates shall provide that such insurance shall not be
25 terminated or expire without thirty (30) days written notice to the Risk Management Division, and
26 shall maintain such insurance from the time WILLIAM HOLT commences performance of services
27 hereunder until the completion of such services.
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2002-264
1 All policies required above are to be primary and non-contributing with any
2 Insurance or self-insurance programs carried or administered by the CITY or other parties
3 represented under this Agreement.
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10.
All decisions after hearings shall be directed by WILLIAM HOLT to the parties
5 to the hearing, and to the City Administrator or the City Administrator's designee.
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II.
CITY agrees to indemnify and defend WILLIAM HOLT for any liability imposed
7 by law on WILLIAM HOLT as a result of any act or omission arising out of, or performed under,
8 his Hearing Officer duties and responsibilities under this Agreement. Any indemnification for
9 punitive or exemplary damages shall require rhe tinaillgs set fonh in Government Code S~25(b) by
10 the City Council.
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WILLIAM HOLT will indemnify and defend (if requested by CITY) the CITY for
12 any act or omission except those in paragraph 10, including, without limitation, travel to and from
13 the CITY.
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WILLIAM HOLT agrees to hold hearings at least two (2) days per month at City
15 Hall. The hearings shall be held on days that City Hall is open to the public and at times specified
16 by the CITY, unless changed by mutual agreement of the parties. WILLIAM HOLT will be available
17 for a full day of hearings on days scheduled for hearing.
18 BERNARDINO
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Dated: 41,1(,. 5-; C1()a.,ff
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23 Dated: Y:~ .l,J-tJ;;..
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Approved as to form
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