HomeMy WebLinkAbout2011-035
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RESOLUTION NO. 2011-35
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.
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 expired on November 30, 2010; and
WHEREAS, Section 9.93.090 states that the term of the Administrative Hearing
Officer shall be for a period ofthree 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 I. The City Manager is hereby authorized to execute Amendment
No.1 to the Professional Services Agreement with Mr. William Holt to provide
Hearing Officer or Administrative Law Officer Services. A true and correct
copy of said agreement is attached here to as Exhibit "B."
SECTION 2. All other terms and conditions contained m 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 The authorization to extend the above-referenced agreement is rescinded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.
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2011-35
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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.
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
22nd day of February ,2011, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
x
10 VACANT
11
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
MCCAMMACK
-"---.
2011.
Q~h.~
~
City Clerk
The foregoing resolution is hereby approved this o?,,/77-I day ofFebruary
~r
City of San Bernardino
Approved as to form:
BY~ilY~-:':~
s (Jf>ci..J C(J~"'S1!'/
2011-35
"Exhibit HA"
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 of1icer. 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] of 4
2011-35
I)
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
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2011-35
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.
] O. 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 9825 (b) by the City Council.
12. WILLIAM HOLT will indemnify and defend (ifrequested by CITY) the CITY
for any act or omission except those in paragraph II, including, without limitation, travel to
and from the CITY.
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2011-35
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:
::.,,"~~
City .\tt6nH~)r.
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2011-35
Exhibit B
AMENDMENT NO.1 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER ANDIOR 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 I, 2009, by and between
the City of San Bernardino and William Holt is hereby amended as follows:
Section 1.
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 20 months, commencing December I, 2009 and expiring July 31, 20 II".
Section I of the 2009 Agreement is hereby amended to now read
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.
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2011-35
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:
,2011
Approved as to form:
ATTEST:
s~::;~
Rachel Clark, City Clerk
DATED:
,2011
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2011-35
AMENDMENT NO.1 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER ANDIOR 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 I, 2009, by and between
the City of San Bernardino and William Holt is hereby amended as follows:
Section 1.
as follows:
"1. THE CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT
Section I of the 2009 Agreement is hereby amended to now read
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 31,201 I".
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.
III
2011-35
AMENDMENT NO. I 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;
DY~
CITY OF SAN BERNARDIN~
BY:~ /)~
~Charles McNeely
WILLIAM HOLT
DATED:.fMf Z<I
,2011
DATED: /YY\...uu..A-.3 ,2011
Approved as to form:
ATTEST:
s~
~k. e0v-J~
Rachel Clark, City Clerk
DATED:
,2011
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