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Home My WebLink About2005-365 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. III 18 19 20 III 21 22 23 III 24 III 25 III . 26 III 27 28 cC '--~~1f-ll~~. T~' =~:.:::'..:. ".~.. >.~".,,'""""..___ . . . RESOLUTION NO. '005-365 RESOLUTION OF THE ~YOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN WILLIAM HOLT 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 William Holt 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 The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 =""'='''-''''5~",,<y'''''\~'~"'~!,,<:<'.,'::rc:.'2"'':'''''',''''''?''':!':''~" ,~., ''!^'''''.~_ __ 2005-365 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN WILLIAM HOLT 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 joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the ~day of November , 2005, 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 2005. ~-e City lerk The foregoing resolution is hereby approved this IIJIJ day of November , h~ Approved as to Form and legal content: Valles, Mayor of San Bernardino BY'~ Special Counsel - ~ -'-~.-"-~r,--p-~-~~---~l;<:?f:"_',"'~="'t~?!f!P_"'",","'IT,-'_},_~, PROFESSIONAL SERVICES AGREEMENT 1. THE CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the parties to this Agreement. The tenn of the Agreement is for a fixed period of two (2) years, commencing December 1,2005 and expiring November 30,2007. At the conclusion of said two (2) year Agreement, WILLIAM HOLT 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 tenninate this Agreement only upon WILLIAM HOLT'S inability or refusal to conduct hearings and render decisions or his failure to maintain his good standing and active status with the State Bar of California. CITY shall have no other right to tenninate this Agreement. WILLIAM HOLT may tenninate this Agreement at any time by thirty (30) days written notice. 3. WILLIAM HOLT will be acting as an independent hearing officer and administrative law officer. WILLIAM HOLT 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. WILLIAM HOLT 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 City Hall. "-'-"f"":'},""","''-''-::>''i,,-g=-:~-'l'--'''--~~''~:=~-~;;:~7"~~~~:J:::r~_:':,-:,~:_,~,~",[~~,':"":'~,"T,"![';~iifI_7','r1Mo 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 "0" Street San Bernardino, California 92418 WILLIAM HOLT Post Office Box 6040 Fullerton, California 92834 8. WILLIAM HOLT is an independent contractor to the CITY. 9. WILLIAM HOLT 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 WILLIAM HOLT 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, 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. 2 - c.~ ., c,', ~~' . ''''.-~'''''-'~'':'=='''-' ~_'.~n.<;~~""Y~~~~~~ffi1l.~.f.?~""",."".'C~~",_,.-.,..,.".'<t"'1!ll";"i!J'!:"~!I:tc~~_ _'_'_~__ . . 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. WILLIAM HOLT 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 WILLIAM HOLT 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 WILLIAM HOLT to the parties to the hearing, and to the City Administrator or the City Administrator's designee. II. CITY agrees to indemnity and defend WILLIAM HOLT for any liability imposed by law on WILLIAM HOLT as a result of any act or omission arising out of, or performed under, his Hearing Officer duties and responsibilities under this Agreement. Any indemnification of punitive or exemplary damages shall require the findings set forth in Govemment Code ~825 (b) by the City Council. 3 2005-365 12. WILLIAM HOLT will indemnify and defend (if requested by CITY) the CITY for any act or omission except those in paragraph II, including, without limitation, travel to and from the CITY. 13. WILLIAM HOLT 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. WILLIAM HOLT will be available for a full day of hearings on days scheduled for hearing. Dated: ~.s- Dated: 1/ - / D - 0.<; Approved as to Form and legal content: By: 4 . 12. WILLIAM HOLT will indemnify and defend (ifrequested by CITY) the CITY \ for any act or omission except those in paragraph 11, including, without limitation, travel to and from the CITY. 13. WILLIAM HOLT 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. WILLIAM HOLT will be available for a full day of hearings on days scheduled for hearing. QlTY OF SAN BERNARDINO Dated: IHO'O~ ~(a ((~ /"J'J dith Valles, Mayor city of San Bernardino . Dated:.5". .1.1- ~ ", ~ Approved as to Form and legal content: BY:~~ Special au sel 4