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Home My WebLink About2009-3611 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. 2009-361 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT WITH WILLIAM HOLT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES RETROACTIVE TO DECEMBER 1, 2009. 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, 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, 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 The authorization to extend the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.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, 2009; therefore, any action taken between December 1, 2009 and the adoption of this Resolution is hereby ratified. /// /// /// /// /// /// /~~ /// 2009-361 ; 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON. COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF AN AGREEMENT WITH WILLIAM HOLT FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES RETROACTIVE TO DECEMBER 1, 2009. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor ~o~nt and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of De c emb P r , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x - BAXTER x BRINKER x x SHORETT _ KELLEY x JOHNSON x MCCAMMACK x . ~- City Clerk ~~~ The foregoing resolution is hereby approved this day ofDecember _, 2009. at 'ck J. Morris, Mayor City of San Bernardino Approved as to form: By: City Attorney Citp Attorney's Office declined to sign this document 2009-361 PROFESSIONAL SERVICES AGREEMENT 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 one (1) year, commencing December 1, 2009 and expiring November 30, 2010. 2. CITY may terminate 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 terminate this Agreement. WILLIAM HOLT may terminate 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 1vlunicipal Code which the C,'ity Manager or other C``ity 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, conduct of hearings, and signing of orders. The hourly rate includes overhead expenses such as telephone, photocopy, postage, mileage and related costs. No travel expenses will be paid. WILLIAM HOI, T has agreed to continue the ~% compensation reductions this reduction. w-ill be reflected on the monthly invoices. S. Bills shall be submitted monthly. 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. 7. Any written notice required to be given under this Agreement will be provided at the following addresses: 2009 Agreement -1-~~It Page 1 of 4 EXHIBIT "A" '~ 2009-361 1) CITY OF SAN BERNARDINO CITY MANAGER - 6th Floor 300 North "D" Street San Bernardino, California 92418 2) 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. 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 2 2009-361 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 City Manager or the City Manager's designee, for service on the parties to the hearing. 11. CITY agrees to indemnify 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 Government Code §825 (b) by the City Council. 12. WILLIAM HOLT will indemnify and defend (if requested by CITY) the CITY for any act or omission except those in paragraph 11, including, without limitation, travel to and from the CITY. 3 2009-361 13. WILLIAM HOLT agrees to 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: / ~ ~~~ Dated: ~_ .Approved as to legal form: By: James F. Penman City Attorney CITY ATTORNEY'S OFFICE DECLINE TO SIGN THIS DOCUMENT CITY OF SAN BERNARDINO atric .Morris, Mayor City of San Bernardino 4