HomeMy WebLinkAbout2011-249
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RESOLUTION NO. 2011-249
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
ANDIOR ADMINISTRATIVE LAW OFFICER SERVICES.
WHEREAS, William Holt began providing Administrative Hearing Officer and
Administrative Law Officer services to the City of San Bernardino in December 2005 pursuant
to a two-year agreement for services, which expired on November 30, 2007; and
WHEREAS, in 2007 the City extended Mr. Holt's original 2005 agreement for an
additional two years, to November 30, 2009; and
WHEREAS, on December 17, 2009, the City of San Bernardino entered into a new
Professional Services Agreement with William Holt, which expired on November 30, 2010;
and
WHEREAS, the City executed Amendment No. I, which extended Mr. Holt's 2009
agreement by eight months to July 31, 2011; and
WHEREAS, the City is in the process of completing a request for proposal process to
hire a new Administrative Hearing Officer in compliance with Section 9.93.090; and
WHEREAS, it has been determined that it is in the best interests of the City to continue
William Holt's services on a month-to-month basis not to exceed six months until such time as
the City selects a new Administrative Hearing Officer; and
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.
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2011-249
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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized to execute Amendment
No. 2 to the 2009 Professional Services Agreement with Mr. William Holt to
provide Hearing Officer and/or Administrative Law Officer Services on a month
to month basis, for a period not to exceed six months.
SECTION 2. All other terms and conditions contained in the 2009 Professional
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 Amendment No.2 within
sixty (60) days of the passage of this Resolution.
2011-249
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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 aregular meeting thereof, held on the
15th day of August
, 20 I I, by the following vote, to wit:
ABSTAIN
ABSENT
AYES
NAYS
Council Members:
x
MARQUEZ
JENKINS
x
x
BRINKER
SHORETT
x
x
KELLEY
x
JOHNSON
x
MCCAMMACK
Jiit'....- /Jv~Z;;;-/ls9sf4H/-C'l%.
it Clerk -dtr)8 17. tZ.taL
2011.
The foregoing resolution is hereby approved this /(,77* day of August
~J.M~aYOr
City of San Bernardino
Approved as to form:
BY~fj;~J1WY
S ~,J C o~~s."/
2011-249
AMENDMENT NO.2 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 provides that
the term of an Administrative Hearing Officer shall be three years; and
WHEREAS, Mr. Holt began providing Hearing Officer and Administrative Law Officer
services for the City of San Bernardino in December 2005; and
WHEREAS, Mr. Holt's December 2005 agreement was extended until November 30,
2009; and
WHEREAS, Mr. Holt entered into a new agreement with the City for Hearing Officer
Services in December 2009; and
WHEREAS, in February 2011, Amendment No.1 to the December 2009 agreement
extended his services through July 31,2011; and
WHEREAS, the City is in the process of issuing a request for proposal for an
Administrative Hearing Officer in compliance with SBMC Section 9.93.090; and
WHEREAS, the parties hereto agree that an amendment to this Agreement is necessary
to provide time to enable the City to complete an RFP process and identify a qualified
Administrative Hearing Officer, and shall be to the benefit of both parties; and
WHEREAS, Mr. Holt has agreed to a month-to-month extension to his services for a
period not to exceed six months 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 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 20 months,
commencing December 1, 2009, and expiring July 31, 2011. After the conclusion of this
period, parties agree to a month-to-month extension for a period not to exceed six
months, until a suitable replacement is found for the position of Administrative Hearing
Officer.
2011-249
AMENDMENT NO.2 TO
2009 PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HOLT FOR
HEARING OFFICER AND/OR ADMINISTRATIVE LAW OFFICER SERVICES
Section 2. At the conclusion of Amendment No.2, 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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2011-249
AMENDMENT NO.2 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:
DATED:Y~
,2011
DATED:
,2011
Approved as to form:
ATTEST:
\~
S;eci: COll S 1
~/~.~
Rachel Clark, City Clerk
DATED: A3"s 1- II
, 2011
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