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Home My WebLink About2002-265 . RESOLUTION NO. 2002-265 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 3 AGREEMENT BETWEEN INLAND VALLEY ARBITRATION MEDIATION SERVICE (IV AMS) AND THE CITY OF SAN BERNARDINO FOR HEARING OFFICER SERVICES. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION I. 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 Inland Valley 9 Arbitration Mediation Service (IV AMS) and the City of San Bernardino for hearing officer 10 services under the City's Municipal Code, a copy of which is attached hereto marked Exhibit "A" II and incorporated herein by reference as fully as 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 The authorization to execute the above-referenced agreement is rescinded 13 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 14 resolution. 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III I 2002-265 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 2 AGREEMENT BETWEEN INLAND V ALLEY ARBITRA TION MEDIATION SERVICE (IV AMS) AND THE CITY OF SAN BERNARDINO FOR HEARING OFFICER SERVICES. , ~ 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meetin , 2002, by the following vote, to wit ABSTAIN ABSENT 15 16 17 18 19 20 21 ~~E~ The foregoing Resolution is hereby approved this -(1 ~aY of August JUDI LLES, Mayor City San Bernardino ,2002. Approved as to form and 22 legal content: J 23 ~7 24 By: ( ~ 7 . Sp,',,- C",,,,,,,/ 25 26 27 28 2002-265 1 PROFESSIONAL SERVICES AGREEMENT The CITY OF SAN BERNARDINO ("CITY") and INLAND VALLEY 2 1. 3 ARBITRATION MEDIATION SERVICE ("IV AMS") are the parties to this Agreement. The term 4 of this Agreement is for a fixed period of one (I) year, commencing August 5, 2002 and expiring 5 August 4,2003. At the conclusion of said one (I) year Agreement, IV AMS and the hearing ofIicers 6 who have been assigned to conduct hearings and render decisions, will not be eligible to be retained 7 or employed in any capacity by CITY for a period of twelve (12) consecutive months. 8 2. CITY may terminate this Agreement only upon IV AMS' inability or refusal to 9 assign hearing officers. who musr be attorneys in good st8.nding and on active status with the State lOBar of California and who must have previous experience as hearing officers in code enforcement 11 hearings, to conduct hearings and render decisions. CITY shall have no other right to terminate this 12 Agreement. 13 3. The hearing officers assigned by IV AMS will be acting as independent hearing 14 officers. They will be hearing those matters specified by the Municipal Code which the City 15 Administrator or other City official may delegate to a hearing officer. 16 4. IV AMS will be paid at the rate of $225.00 per hour. The hourly rate includes 17 overhead expenses such as telephone, photocopy, postage, mileage and related costs. 18 5. 6. Bills shall be submitted at least quarterly. Support staff for hearings shall be provided by the City of San Bernardino. All 19 20 hearings shall be held in the CITY at the City Hall. 21 7. Any written notice required to be given under this Agreement will be provided at 22 the following address: 23 24 CITY OF SAN BERNARDINO CITY ADMINISTRATOR 300 North "D" Street San Bernardino, California 92418 25 26 27 IVAMS 300 South Park Ave" Suite 780 Pomona, CA 91766 28 1 2002-265 1 2 CITY. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 8. IV AMS and the hearing officers so assigned are independent contractors as to the 9. IV AMS shall maintain the following type of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service, as required by law, on behalf of IV AMS and all risks to such persons under this Agreement. IV AMS shall require its Workers Compensation carrier to waive all rights of subrogation against the CITY, its dected officers, officials boards, commissions, attorneys, employees and agents and any others for whom services are being provided under this Agreement. b) General Liability Insurance coverage ("Umbrella Insurance"), which policy shall have at least a combined single limit of $1,000.000 for bodily injury and property damage. c) Professional Liability Insurance with limits of at least $1,000.000 per claim, All policies with respect to the insurance coverage above required shall obtain 18 additional endorsements naming the CITY, its elected officers, officials, boards, commissions, 19 attorneys, employees and agents under this Agreement as additional named insured with respect to 20 liabilities arising out of the performance of services hereunder. 21 IV AMS shall furnish certificates of insurance and certified copies of all policies 22 and endorsements to the Risk Management Division of the City's Human Resources Department 23 evidencing the insurance coverage above required prior to the commencement of performance of 24 services hereunder, which certificates shall provide that such insurance shall not be terminated or 25 expire without thirty (30) days written notice to the Risk Management Division, and shall maintain 26 such insurance from the time IV AMS commences performance of services hereunder until the 27 completion of such services. 28 All policies required above are to be primary and non-contributing with any 2 2002-265 1 msurance or selt~insurance programs carried or administered by the CITY or other parties 2 represented under this Agreement. 3 10. All decisions after hearings shall be directed by the hearing officer to the parties 4 to the hearing, and to the City Administrator or the City Administrator's designee. 5 II. CITY agrees to indemnify and defend IV AMS for any liability imposed by law 6 on them as a result of any act or omission arising out of, or performed under, its hearing officer 7 duties and responsibilities under this Agreement. Any indemnification for punitive or exemplary 8 damages shall require the findings set forth in Government Code S825(b) by the City Council. 9 n ....;;.. IVAMS will innemnify and defend (ifrcquested by CITY) t:JC CITY fm any act 10 or omission except those in paragraph 10, including, without limitation, travel to and from the CITY. 11 13. IV AMS agrees to the holding of hearings at least two (2) days per month at City 12 Hall. The hearings shall be held on days that City Hall is open to the public and at times specified 13 by the CITY, unless changed by mutual agreement of the parties. IV AMS will assign hearing 14 officers who will be available for a full day of hearings on days scheduled for hearing. 15 AN BERNARDINO 16 Dated: {HiC" :; YO(lP- , 17 18 19 ~(l"\\VVV 20 Dated: 21 22 Approved as to form 23 and legal content 24 c:4~ 25 26 Sf' "cr '" ( C 0 v ~ "" I 27 28 3 Mediation Service --AUG. 8 2002! 814AMs47 -;CHR!STSPA~GCAPIT~~9PLm: EQUITY NO. '934_P. 2/2 IaI 002/002 ACORD. CERTIFICATE OF UABILITY INSURANCE I-~ 08/07/2002 "AMlIicu 1IlIS C8RJifJCA1I .. I~~. AS " .....TTER OF 1NP_1IOIl Complete Equity Markets, Inc. ON~ Y AND CONFIRS NO IIlGIlTS U~N TIle CBl'IlF1CATE HOI.DeR. n... CEIITIrlcA.... gOES NOT _. IlllINIl OR 1098 South Milwaukee Avenue ALTIll THIi _ .IR'OIll>ED BY _ POuc1es _. Wheeling XL 60090 INl5_NPOROlNG COlIBWIE - lVAMS Inc. -. Se.. Attached. nec. ...-.. underwriters at Llova's, Lond.on Page for Pull Insured Name -.. 300 South Park Avenue. Suite 780 -... Q Pomona,CA 5JUEi6 "'-'" , 1_.. COVI!lW;Es '!lie POUCl<l O. ................."IliuJw...va IffI<IliSUIIlI TOTIiE _...... AllOW fOIl T11lI PClUCYPElIIOO IHOlCot.TeD. NOTWmosr_ ANY II~ ~. TtRaf Oft CONomoN OF All'( COHnltACT OR OntER DoCuW!HT WITH Ae.5HCT TO 'NNfCac 'Ma CM11F'1Q.\'rE ~y N: ISSUfO 0" MAy...,...., TIE "'_CE -~ IV tIC PDlJCI!8llUClQl1ftl_1S $IItoiSCT 1'0 AU. "'"....... EXCI._ _ COI<OlTlONS o. sue. POUCMiS. AGGllEGAl'I UMI'I".S SHOwNMA:r HA.~ 8!IN "!DUCiDfl'f.AIOQ.AIMs. ~ ~ ......- . ~OP"UUtHCE ..... .-........ 1iIlQ4~-Wl:l . - . ~~UilAft'T 1llAli~..._,.., JI:U..... OC<aM ....,~...~ , ~&"""AlUItT . ~1lIGO~n: . ~:-fl:-A ~.~A6l!1 . IIClueY ~ ~ ............... ~1'ffD~....,. I --- ...-... - .u.gMjlP~ t- DClIKYlIt"Uly I -...... ....-. r- -- -- I!lXlL"~ . fitOJt.eMCg ~ ....- r- -- . ''''- ~- 4\11'Q0JIL"-1i'~ . -- --- ..- s .wr._Y: -. . pUMUV -.- I ce.... o Q,A15W1W1 -'" . s R:.::- . . . ........~1DlMO ~tt,,~ I Icmt- --.,.". EJ.1Ac"~ . e.L~.&6"'i.O'IWi . 1:...........-~loMI' . -- $1,000,000 each cla1m A Professional 661484 04/20/02 04/20/03 $1,000,000 aggre9ate L.l.i1bil1tv ~OOO ded. each claim 1DiUUncaa.lW'OIIIta~"""'-'-~"'''''n.1G . I~..~ Amelldatory Endorsement - Special Limiting Named Assureds - see attached. CSlln'ICAl1IllOUIIJl 11___....... CANCELU,TION 0CIUU01iffr Gf JM.MQW. 061CIlIB NLCU u. CMIt8.Le ~M ~ City of San Beruardino .&Il!I "..... nw __ --..... ~ nt... lUA.... _ City Admini'trator ..,q1v NI ~ IIIOUlD; 1UMIllo'11l TlloE lPf, .1.l1"M.UllTO 110.. MW.L 300 North "D" Street fII'OlG"o OI~DltI.llAl.llYOfMYCQlM:lJI'PMe~Ih~OI 8m Bernarclino, CA 92418 -- .....-- _ or~U-r.r. /J'" J ..J . J'L _0.... f1'/lr) . N;ORO COlltPO-.&.,,~ ill. AUG. 7. 2002 914A'1 C~RISTSPANGCAPITANO -NO. 1852-P 2/' ACORD~ CERTIFICATE OF LIABILITY INSURANCE I ~T6 (MIM)M'V) oeioiho02 .....ute1t THIS CERTIFICATE IS ISSUED All A MATTI!R OF INFORMATION CHRIST SPANG & CAPITANO INSURANCE ONLY AND CONFERll NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CIiRnFICATE DOES NOT AMEND. EXTEND OR 1051 PARKVIEW DRIVE, SUITE 100 ALTER THe COVERAGE AFFORDED BY THE POLICIES BELOW. COVINA, CA 91724 INSURERS AFFORDING COVERAGE ....... INLAND VALLEY JUSTICE CENTER, INC INSURER It COMMERCIAL UNION INSImANCE COMPANY INlAND VALLEY ARBITRATION MED. lNSVAEA. e: 300 S. PARK AVENUE, SUITE 780 IN$URE~ c: POMONA,CA 91766 INSURER D: , INSU~E: COVERAGeS THE POLICIES OF INSURANCE "ISTED el!low MAVE BEEN ISSUED TO THe INSURED NAMED ABOVE FOR THE POLICY peRIOD INDICATED. NOTWITHSTANDING JoNf REQUIREMENT. TiRM OR CONDITION OF At({ CONTRACT DR OTHeIl DOCUMeNT WITH RESPECT TO WHICH THIS CERTIFICATe MAY BE ISSUED DR MAY PERTAIN, THE INSUIIANCE AFFORDED BY THE POLICies DESCRIBED HEIIEIN IS SUSJECT TO A"" THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ~rICles. AGGREGATE UMrrs SHOWN MAY HAVE BEEN REDUCEO 8Y PAlO ClAIMS. ~ ,,",",Of 1OURN4C! POlICY..... POLICY EFF ....... TKl. ""TO .'ll! ~""'un' EAC~ OCCURRENCE .1,000,000 ~ COtMEFtCW. GeNilW.l,.1A8<<,\'1'Y f!1fItE:~(AnyC/lilir-.} . 100,000 - []"eLNM! MADE 00 oe<:uR M1iDWlA/lYoneDfWlOfl) . 5,000 A CALN4768 0 11/17/01 11/17/02 PERSONAL IoAlN NJURY .1 000 000 GE'NERAlAGGReGATE .2,000.000 ~~~nlMTn~A: PAOOUCT8. COWfOP AGG .2.000,000 POLICY : ~ LOC ~LEUAIIIUfV cOtaIN&D p.,Q1..E l.NT , - ANY AUTO (E;JiI~lJ - AlLOWNED AUTO$ eoo&.,. ""'UR'V , SCHEOvl.W AlJTQS (Perllel'!lOfil - - ~DAUTOS ~YI~ . - NOH-OW~Et'I AUTOS (Per 8CdOenl) - PROPERTY DAMI.GE . (Pet;oQderl\j =r~ AUTO ONLY. Q acoOENT . ""'AUTO 0T11ER THAN "ACe . AUTO Ot<<.'r: Aoo . :JUOBMY ""'" <=\JRAENC$ . OCCUR D CLAIMS MADE "''''''''''TE . , R O<DUC".... . "EWmON . . WURK!RS COMPfNSAT\OIll AND ITWC"'-AT1J- 1 IO~ EMPlOYERS' LWIll.1rV E-L EAC... ACCIDE~ I E L DISEASe:. EA E~~OYU: . E.L. OISEA$&. POLICY UMT , OTIQ OESCRJ~M~'tlQHIA.DCA~UNSADOEDIIYI!NDOQEMItITIVf.QAlPtWWlSlONS *10 DAYS NOTICE OF CANCELLATION WILl. BE GIVEN FOR NON-PAYMENT OF PREMIUM. CITY OF SAN BERNARDINO, IT ELECTED OFFICERS, OFFICIALS, BOARDS, COMMISSIONS, ATTORNEYS, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONl>.L INSUREDS AS PER ENDORSEMENT #CG20100397 ATTACIiED WITH RESPECTS TO GENERAL LIABILITY. CERnflCATE HOLDEIl I X 1_ .......; ........ LETTU, A CANCELLATION SMOUUt AHY 0' 1'HC AIOYi OEICRlBED POUCIU IE C~ BEFORI!: Ttt! DPIftATION CITY OF SAN BERNARDINO DATE THERiOf. Tltf ISSUING WSURP: .ru ENDeAVOR TO MAlt *30 ""YS_ CITY ADMINISTRATOR NOnCE to TlE CERllFICAT'E MOl.Defl tWIh 10 1lIf; l!JiT,IUT FIlJUJRE TO vo so 8MALL. 300 NORTH D STREET .-os!! NO 08UOATJON OR lWJlutY t# NW ICIND UPON THE lNIUAI!R. ,,, AGGHr.i OR SAN BERNARDINO, CA 92418 -....... '"'" ^ r-11"17 ....TAl r ( h .DU'1E1~ Q- , n ACORD 25-8 ((/97) V' I ~ "ACr CORPORATION 1988 AUG. 7. 2002 9 14A~ CHR!SISPANGCAPITANO 'c::.:i 1 >; o 0 j' j i:'I1'~E.fJ.J ADDITIONAL INSUR SCHED NO. 1852 p '--' CG 20 10 03 97 D - OWNERS, LESSEES OR CONTRACTORS - LED PERSON OR ORGANIZATION ThIS endorsement modifies insurance provi~ed under the following: COMMERCIAL GENERAL LIABILITY fOVERAGE PART , SCHEDULE Name 01 Person or Organintion: BLANkET ADDITIONAL INSURED (If no entry appears abOl/e, information req~ired to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) ! Who Is An Insured (Section II) is amende1to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your rgOing opt rations performed for that insured. I I I i'~ " ~ .. - ~ = - == - iii - "all ;;!II """'" == POLlCYNUMB1R CAlN47680 3 ! I T AGENT COPY