HomeMy WebLinkAbout09-City Manager ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Charles McNeely, City Manager Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: City Manager's Office Bernardino reauthorizing an amendment to
the 2009 Professional Services Agreement
Date: 2/14/2011 with William Holt for Hearing Officer
and/or Administrative Law Officer services.
Council Meeting Date: February 22, 2011
Synopsis of Previous Council Action:
November 1, 2010 — Adopted Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an amendment to the 2009 Professional Services Agreement
with William Holt for Hearing Officer and/or Administrative Law Officer services.
December 7, 2009 — Adopted 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.
December 7th, 2007 - Adopted Resolution 2007-365 authorizing an amendment to a Professional
Services Agreement with William Holt to provide hearing officer services
November 7`h,2005-Council Adopted Resolution 2005-365 authorizing the execution of a Professional
Services Agreement with William Holt to provide hearing officer services
Recommended motion:
Adopt resolution.
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Signa re
Contact person: Debra Kurita Phone: 384-5122
Supporting data attached: Staff report, resolution Ward: All
FUNDING REQUIREMENTS: Amount: Estimated Cost $60,000 FY 10/11
Source: (Acct. No.) 001-090-5502
(Acct. Description) Non-departmental—
professional/contractual services
Finance:
Council Notes: Zd �U
Agenda Item No. f
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino reauthorizing an
amendment to the 2009 Professional Services Agreement with William Holt for Hearing Officer
and/or Administrative Law Officer services.
Backl1round:
In 1993, the Mayor and Common Council adopted MC-1148 adding Chapter 9.92 to the San
Bernardino Municipal Code (SBMC) to establish an Administrative Citation Process for Code
Enforcement Violations. Section 9.92 also established the Administrative Law Officer position.
On May 22, 2008, MC-1268 went into effect, adding Chapter 9.93, instituting Administrative Civil
Penalties (ACPs) for Municipal Code violations. This penalty, up to $1,000 per day per violation of
the SBMC, was designed to be used as an additional enforcement tool to address more egregious
violations to the municipal code.
SBMC 9.93 also created an Administrative Hearing Officer position. This position is identical to
that of the Administrative Law Officer position identified in Section 9.92. In May of 2008, the
Mayor and Common Council amended Section 9.92 to state that the appointment, qualifications,
disqualifications and powers of the Administrative Law Officer shall be the same as those provided
for the Administrative Hearing Officer as stated in SBMC 9.93.
In 2002, a California Supreme Court decision (Haas v. County of San Bernardino, 27 Cal. 4" 10 17)
recommended municipalities to consider a series of changes with regard to the use of hearing
officers in order to insulate the City from potential legal challenges. Of those suggestions was the
length of an officer's term, as well as a rotation of hearings. Currently, hearings for Administrative
Citations are rotated between two Hearing Officers; Mr. William Holt and Mr. Palmer. At the City
Attorney's request, ACP hearings are only heard by Mr. Holt.
Mr. Holt began hearing ACP appeal cases in August of 2008, Section 9.93.090 of the SBMC states
the term of an Administrative Hearing Officer shall be three years. At the conclusion of Mr. Holt's
2009 Professional Services Agreement he had served two years and four months of the three year
term, resulting in an eight month residual in his tenure. The City Attorney's Office was consulted,
and it was determined that it was 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. On November 1, 2010, the
Mayor and Common Council approved a resolution authorizing an amendment to the 2009
agreement; however, due to a processing error, this agreement was not executed by all parties in the
allotted time frame and, therefore, staff recommends the reaffirmation of this action.
The hourly rate for services will continue to be $200.00 per hour, not including commute time.
Additionally, Mr. Holt has agreed to continue his 5% compensation reduction. All other terms of
the agreement are to remain the same.
Financial Impact:
In FY 09/10 staff budgeted $100,000 in the General Government account for professional services
to fund Mr. Holt for hearing officer/administrative officer services. It is anticipated that an
additional $60,000 will be needed to fund these services over the eight months of this amendment.
There is no set purchase order amount; the total cost to the City each year depends upon the actual
number hearings preformed.
Account Number: 001-090-5502 Budgeted Amount: $1,322,600
Balance as of 2/14/11: $257,876 Balance after approval of this item: $197,876
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed
Recommendation:
Adopt Resolution.
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1
RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REAUTHORIZING AN AMENDMENT TO THE 2009
4 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES.
5
6 WHEREAS, William Holt began providing Administrative Hearing Officer services to
the City of San Bernardino in August, 2008; and
7
WHEREAS, in 2009 the City of San Bernardino entered into a Professional Services
8
Agreement, attached as Exhibit A, with William Holt to provide Hearing Officer and
9
Administrative Law Officer services; and
10 WHEREAS, the term of the 2009 Agreement expired on November 30, 2010; and
11 WHEREAS, Section 9.93.090 states that the term of the Administrative Hearing
12 Officer shall be for a period of three years; and
13 WHEREAS, it has been determined that it is in the best interest of the City to continue
14 William Holt's services for an additional eight months to complete the required three year term.
15 WHEREAS, William Holt will be ineligible to be retained in this capacity by the City
16 of San Bernardino for a period of 12 consecutive months following the conclusion of this
17 Agreement.
18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
19 CITY OF SAN BERNARDINO AS FOLLOWS:
20 SECTION 1. The City Manager is hereby authorized to execute Amendment
21 No. 1 to the Professional Services Agreement with Mr. William Holt to provide
22 Hearing Officer or Administrative Law Officer Services. A true and correct
23 copy of said agreement is attached-here to as Exhibit"B."
24 SECTION 2. All other terms and conditions contained in the original Services
25 Agreement shall remain in full force and effect.
26 SECTION 3. The authorization to extend the above-referenced agreement is rescinded
27 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
28 resolution.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO REAUTHORIZING AN AMENDMENT- TO THE 2009
PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
3 HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
6 and Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of , 2011, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 VACANT
11 BRINKER
12
SHORETT
13
KELLEY
14
15 JOHNSON
16 MCCAMMACK
17
18 City Clerk
19
The foregoing resolution is hereby approved this day of ,
20 2011.
21
22 Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to form:
24
25 By.
26 .S pP c 14 Coo w sue/
27
28
"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
1) CITY OF SAN BERNARDINO
CITY MANAGER—6" 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
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services are being provided under this Agreement.
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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
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r
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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.
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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:
By:
L`F O
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Exhibit B
AMENDMENT NO. 1 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
WHEREAS, San Bernardino Municipal Code (SBMC) Section 9.93.090 states
that the term of an Administrative Hearing Officer shall be three years; and
WHEREAS, Mr Holt began Hearing Officer Services for Section 9.93 of the
SBMC in August, 2008; and
WHEREAS, at the conclusion of the 2009 Professional Services Agreement Mr.
Holt had served two years and four months of the three year term, resulting in an eight
month residual in his tenure; and
WHEREAS, the parties hereto agree that an amendment to this Agreement shall
be to the benefit of both parties; and
WHEREAS, Mr. Holt has agreed to an eight months extension to his services as
Hearing Officer and Administrative Officer for the City of San Bernardino.
Now, therefore, the Services Agreement dated December 1, 2009, by and between
the City of San Bernardino and William Holt is hereby amended as follows:
Section 1. Section 1 of the 2009 Agreement is hereby amended to now read
as follows:
"l. 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 20 months, commencing December 1, 2009 and expiring July 31, 2011".
Section 2. At the conclusion of said twenty month Agreement, WILLIAM
HOLT will not be eligible to be retained or employed in any capacity by CITY for a
period of twelve (12) consecutive months."
All other terms and conditions contained in the original Services Agreement shall remain
in full force and effect.
1
Exhibit B
AMENDMENT NO. 1 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
IN WITNESS THEREOF, the authorized parties have signed below;
WILLIAM HOLT CITY OF SAN BERNARDINO
By: By:
Charles McNeely
DATED: , 2011 DATED: 12011
IApproved as to form: ATTEST:
Special CounseV Rachel Clark, City Clerk
DATED: , 2011
2
AMENDMENT NO. 1 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
WHEREAS, San Bernardino Municipal Code (SBMC) Section 9.93.090 states
that the term of an Administrative Hearing Officer shall be three years; and
WHEREAS, Mr Holt began Hearing Officer Services for Section 9.93 of the
SBMC in August, 2008; and
WHEREAS, at the conclusion of the 2009 Professional Services Agreement Mr.
Holt had served two years and four months of the three year term, resulting in an eight
month residual in his tenure; and
WHEREAS, the parties hereto agree that an amendment to this Agreement shall
be to the benefit of both parties; and
WHEREAS, Mr. Holt has agreed to an eight months extension to his services as
Hearing Officer and Administrative Officer for the City of San Bernardino.
Now, therefore, the Services Agreement dated December 1, 2009, by and between
the City of San Bernardino and William Holt is hereby amended as follows:
Section 1. Section 1 of the 2009 Agreement is hereby amended to now read
as follows:
"l. 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 20 months, commencing December 1, 2009 and expiring July 31, 2011".
Section 2. At the conclusion of said twenty month Agreement, WILLIAM
HOLT will not be eligible to be retained or employed in any capacity by CITY for a
period of twelve (12) consecutive months."
All other terms and conditions contained in the original Services Agreement shall remain
in full force and effect.
1
i
AMENDMENT NO. 1 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
IN WITNESS THEREOF, the authorized parties have signed below;
WILLIAM HOLT CITY OF SAN BERNARDINO
By: By:
Charles McNeely
DATED: , 2011 DATED: , 2011
Approved as to form: ATTEST:
Special Couns Rachel Clark, City Clerk
DATED: , 2011
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