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Home My WebLink About2010-361 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. 2010-361 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE 2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOL T FOR HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES. WHEREAS, William Holt began providing Administrative Hearing Officer services to the City of San Bernardino in August, 2008; and WHEREAS, in 2009 the City of San Bernardino entered into a Professional Services Agreement, attached as Exhibit A. with William Holt to provide Hearing Officer and Administrative Law Officer services; and WHEREAS, the term of the 2009 Agreement expires on November 30, 2010; and WHEREAS, Section 9.93.090 states that the term of the Administrative Hearing Officer shall be for a period of three years; and WHEREAS, it has been determined that it is in the best interest of the City to continue William Holt's services for an additional eight months to complete the required three year term. WHEREAS, William Holt will be ineligible to be retained in this capacity by the City of San Bernardino for a period of 12 consecutive months following the conclusion of this Agreement. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Section 1 of the 2009 Administrative Services Agreement is hereby amended to read as follows: "Section 1: THE CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the parties to this Agreement. The term of the Agreement shall commence on December 1, 2009 and expire on July 31, 2011." SECTION 2. All other terms and conditions contained in the original Services Agreement shall remain in full force and effect. SECTION 3. The authorization to extend the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 2010-361 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE 2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT 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 1 s t day of November , 2010, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES MARQUEZ X DESJARDINS X BRINKER X SHORETT ~ KELLEY X JOHNSON X X MCCAMMACK 9 10 11 12 13 14 15 16 17 18 19 2010. 20 21 22 23 a~,h,~, '-' City Clerk The foregoing resolution is hereby approved this ~~ day of November , ~or City of San Bernardino Approved as to form: 24 25 BY~i~~~~~;~ iYlalcfyj~ 26 27 28 2010-361 "Exhibit "A" 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 Municipal Code which the City Manager 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, 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 HOLT has agreed to continue the 5% compensation reduction; this reduction will be reflected on the monthly invoices. 5. 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 - Holt Page 1 of 4 2010-361 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 HOL T 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 2010-361 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 ca.'Tied 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 S825 (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 2010-361 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. CITY OF SAN BERNARDINO Dated: Patrick J. Morris, Mayor City of San Bernardino Dated: WILLIAM HOLT Approved as to form: i' ~J By: Ef)~-o/--fV fY\0-~ ~ James F. Penman City Attorney 4