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HomeMy WebLinkAbout2007-475 . 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 RESOLUTION NO. 2007-475 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT RETROACTIVE TO DECEMBER 1, 2007 WITH WILLIAM HOLT 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 City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, Amendment No. I to the 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, 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 The authorization to extend the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. That the implementation date is December 1,2007; therefore, any action taken between December 1,2007 and the adoption of this Resolution is hereby ratified. III III III III III III III III 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT 2 RETROACTIVE TO DECEMBER 1, 2007 WITH WILLIAM HOLT FOR HEARING 3 OFFICER ANDIOR ADMINISTRATIVE LAW OFFICER SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the Mayor joint 5 and Common Council of the City of San Bernardino at aregular meeting thereof, held on the 6 17 th day of December ,2007, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x 9 10 BAXTER 11 BRINKER x x 12 DERRY 13 14 15 16 -1L- KELLEY x JOHNSON x x MCCAMMACK 17 18 19 20 Q~h. CJ./1JJe City'clerk "f~ The foregoing resolution is hereby approved this [9; :.,.;- day of December , 2007. 21 22 23 Approved as to form: 24 25 26 Q!'r~ a k J. Morris, Mayor City of San Bernardino , By: II 27 28 ... AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES WHEREAS, the parties hereto agree to amend this Agreement which shall be to the benefit of both parties; and WHEREAS, Mr. Holt requested an extension to his services as Hearing Officer and Administrative Officer for the City; Now, therefore, the Services Agreement dated November 10, 2005, by and between the City of San Bernardino and William Holt is hereby amended as follows: Section 1. Section 1 of the Agreement is hereby amended to now read as follows: "1. THE CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the parties to this Agreement. The term of the Agreement is for a fixed period of two (2) years, commencing December 1, 2007 and expiring November 30, 2009. 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." Section 2. follows:" "4. WILLIAM HOLT will be paid at the rate of $200.00 per hour for Section 4 of the Agreement is hereby amended to now read as preparation, conduct of hearings, and signing of orders, and $100.00 per hour for travel time. The hourly rate includes overhead expenses such as telephone, photocopy, postage, mileage and related costs." 1xhIIJII-"- AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES All other terms and conditions contained in the original Services Agreement shall remain in full force and effect. IN WITNESS THEREOF, the authorized parties have signed below; WILLIAM HOLT CITY OF SAN BERNARDINO By: By: Fred Wilson, City Manager DATED: ,2007 DATED: ,2007 Approved as to form: ATTEST: f!lA(t~ Special Co sel' Rachel Clark, City Clerk DATED: / :2.-1/3 . ,2007 2 r.. ',' "jth;t "A" ~_..K,. !rr..,,'ij . 2007-475 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER AND/OR ADMINISTRA TIVE LAW OFFICER SERVICES WHEREAS, the parties hereto agree to amend this Agreement which shall be to the benefit of both parties; and WHEREAS, Mr. Holt requested an extension to his services as Hearing Officer and Administrative Officer for the City; Now, therefore, the Services Agreement dated November 10, 2005, by and between the City of San Bernardino and William Holt is hereby amended as follows; Section 1. Section I of the Agreement is hereby amended to now read as follows: "1. THE CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the parties to this Agreement. The term of the Agreement is for a fixed period of two (2) years, commencing December 1, 2007 and expiring November 30, 2009. 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." Section 2. follows:" Section 4 of the Agreement is hereby amended to now read as "4. WILLIAM HOLT will be paid at the rate of $200.00 per hour for preparation, conduct of hearings, and signing of orders, and $100.00 per hour for travel time. The hourly rate includes overhead expenses such as telephone, photocopy, postage, mileage and related costs." 1 2007-475 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES . . All other terms and conditions contained in the original Services Agreement shall remain in full force and effect. IN WITNESS THEREOF, the authorized parties have signed below; :~ By: DATED: 1I-r' z.~;;1 ,2007 DATED: / r~ 7 ,2007 Approved as to form: ATTEST: b-l~ ~h.~ Special Counse ~~ Rachel Clark, City Clerk DATED: /d-f/3 ,2007 2