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Home My WebLink About1997-372 1 RESOLUTION NO. 97-372 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, 4 5 6 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 to 8 execute on behalf of said City a Professional Services Agreement between William Holt and the City 9 of San Bernardino for hearing officer services under the City's Municipal Code, a copy of which is 10 attached hereto marked Exhibit" A" and incorporated herein by reference as fully as though set forth 11 at length. 12 SECTION 2, The authorization to execute the above-referenced agreement is rescinded if 13' the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution, 14 /1/ 15 1// 16 1// 17 1// 18 1// 19 1// 20 /1/ 21 1// 22 /1/ 23 1// 24 1// 25 //// 26 1// 27 1// 28 1// RLS/js [hrgoff.res] 1 ~1-37r: 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES 2 AGREEMENT BETWEEN WILLIAM HOLT AND THE CITY OF SAN BERNARDINO FOR HEARING OFFICER SERVICES , .. 3 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..regu1ar meeting thereof, 5 held on the 15th day of 6 COUNCIL MEMBERS: 7 NeGRETE 8 CURLIN 9 ARIAS 10 OBERHELMAN 11 DEVLIN 12 ANDERSON 13 MILLER 14 December , 1997, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x 15 I~ ';i 1 ':' _, i- : ,.; f' ~~~~LE~:" , ,-.- 16 171 18 19 The foregoing Resolution is hereby approved this 17M day of December ,1997, 20 21 '~'\}1AA~ TOM OR,' Mayor "- City of San Bernardino Approved as to form and 22 legal content: 23, JAMES F, PENMAN, City Attorney 24, By: ~/J... .. 25 26 27 28 I RLS/js [hrgojf.res] I 97-372 . , , :.," 1 PROFESSIONAL SERVICES AGREEMENT The CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the 2 1. 3 parties to this Agreement. 4 2, WILLIAM HOLT will be acting as an independent hearing officer. WILLIAM 5 HOLT will be hearing those matters specified by the Municipal Code which the City Administrator 6 or other City official may delegate to a hearing officer. 7 3, WILLIAM HOLT will be paid at the rate of$125.00 per hour. The hourly rate 8 includes overhead expenses such as telephone, photocopy, postage, mileage and related costs. 9 4, Bills shall be subrnitted at least quarterly, Support staff for hearings shall be provided by the City of San Bernardino, All 10 5, 11 hearings shall be held in the CITY at the City Hall, 12 6, Either party may terminate this agreement on thirty (30) days written notice to the other. Notice will be provided at the following address: 13 14 CITY OF SAN BERNARDINO CITY ADMINISTRATOR 300 North "D" Street San Bernardino, California 92418 15 16 17 18 19 7, 20 8, 21 shown: 22 WILLIAM HOLT Post Office Box 6040 Fullerton, California 92834 WILLIAM HOLT is an independent contractor as to the CITY. WILLIAM HOLT shall maintain the following type of insurance with limits as 23 a) Workers Cornpensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of WILLIAM HOLT and all risks to such persons under this Agreement. WILLIAM HOLT shall 24 25 26 require his Workers Compensation carrier to waive all rights of 27 subrogation against the CITY and its officers and employees and any 28 others for whom services are being provided under this Agreement. RLS/js [Holt.Agr] 1 97-372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . , b) Comprehensive General and 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 $1,000,000 for bodily injury and property damage, c) Professional Liability Insurance with limits of at least $1,000,000 per claim, In lieu ofnarning the CITY as an additional insured, the policy may be endorsed as follows: "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the CITY OF SAN BERNARDINO for legal defense services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents or subcontractors, All other provisions of this policy are to remain unchanged, " WILLIAM HOLT shall furnish certificates of insurance and certified copies of all policies and endorsements to the City Attorney's Office 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 City Attorney's Office, and shall maintain such insurance from the time WILLIAM HOLT commences performance of services hereunder until the completion of such services, All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements narning the CITY and all parties represented under this Agreement, their employees, agents, volunteers and officers as additiunal named insU"ed with respect to liabilities arising out of the performance of services hereunder. 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 25 under this Agreement. 26 9, All decisions after hearings shall be directed by WILLIAM HOLT to the City 27 Administrator or the City Administrator's designee. 28 10. CITY agrees to indemnify and defend WILLIAM HOLT for any liability imposed 2 RLS/js [Holt.Agr] ~ 97-372 1 by law on WILLIAM HOLT as a result of any act or omission arising out of, or performed under, 2 this agreement. Any indemnification for punitive or exemplary damages shall require the findings set 3 forth in Government Code S825(b) by the City Council. 4 11, WILLIAM HOLT will defend and indemnify the CITY for any act or omission 5 except those in paragraph 10, and including, without limitation, travel to and from the CITY. 6 12, WILLIAM HOLT agrees to hold hearings at least two (2) days per month at City 7 Hall. The hearings shall be held on the Fridays that City hall is open to the public at times specified 8 by the CITY, unless changed by mutual agreement of the parties, WILLIAM HOLT will be available 9 for a full day of hearings on days scheduled for hearing, 10 CITY OF SAN BERNARDINO 11 Dated I). -11- "17 12 13 14 15 Dated:/.a-,u.1' 16 17 18 APPROVED AS TO FORM 19 AND LEGAL CONTENT. 20 James F. Penman. City Attorney 21 By: rf2~~;O- 22 23 24 25 26 27 28 RLS/js [HoltAgr] ~1)'ll~,1~__ By: Torn Minor, Mayor City of San Bern~rdino 3