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Home My WebLink AboutS1- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Tames F. Penman Subject: Resolution...Authorizing the Execution of a Professional Services Agreement Between William Holt Dept: CITY ATTORNEY and the City of San Bernardino Date: December 10, 1997 Synopsis of Previous Council action: Recommended motion: Authorize the Execution of a Professional Services Agreement Between William Holt and the City of San Bernardino for Hearing Officer Services Signature Contact person: Robert L. Simmons Phone: 5355 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: — _ Finance: Council Notes: Res 97-31A 75-0262 Agenda Item No. � STAFF REPORT Council Meeting Date: December 15, 1997 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: December 10, 1997 AGENDA ITEM: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between William Holt and the City of San Bernardino for Hearing Officer Services BACKGROUND: In 1991, the Council adopted Ordinance MC-807 which designated the City Administrator or the City Administrator's designee as a hearing officer for nuisance abatement proceedings in the City. (See Municipal Code §8.30.050 et seq.) The same basic procedure applies to abandoned vehicles under the Municipal Code (See §8.36.110). We anticipate this procedure will be expanded to other departments in the future and have made the agreement open-ended to include "other public officials" designating the hearing officer as well. The City Administrator does not have the time available to hear these matters. The persons most qualified to be hearing officers are those involved in abating the nuisances. Therefore, the Mayor, in consultation with the City Administrator and City Attorney, has determined that an independent hearing officer is needed. These matters are currently being sent directly to the Board of Building Commissions without going to a hearing officer first. PROPOSAL: The City has reached a tentative agreement with WILLIAM HOLT for Mr. Holt to act as an independent hearing officer to conduct the hearings that the City Administrator is authorized to hear. The agreement allows the City Administrator to delegate all such hearings to the hearing officer. The types of hearings contemplated include nuisance abatement, abandoned vehicles and conditional use permit revocation hearings. Mr. Holt was a city administrator for 16 years in Los Angeles County. He then completed law school. Mr. Holt is a contract prosecutor for two cities in Los Angeles County and has been for many years. He is also currently the executive director of a joint powers authority through which numerous cities self insure their liability exposure. 1 i I i j AGENDA ITEM: Resolution of the Mayor and Common Council of the City of San 'i Bernardino Authorizing the Execution of a Professional Services Agreement Between William Holt and the City of San Bernardino for Hearing Officer Services i 4 Page 2 3 This agreement will allow the Board of Building Commissioners to act as the first level for appeals of abatement actions. More appeals may be resolved at the BBC level y reducing the appeals to this Council. RECOMMENDATION: Approve the Professional Services Agreement with WILLIAM HOLT. xy 's S 3 i i 3 t 1 i 1 1 j i 3 3 1 1 3 9 i I PROFESSIONAL SERVICES AGREEMENT 2 1. The CITY OF SAN BERNARDINO ("CITY") and WILLIAM HOLT are the 3 parties to this Agreement. 4 2. WILLIAM HOLT will be acting as an independent hearing officer. WILLIAM 5 1 HOLT will be hearing those matters specified by the Municipal Code which the City Administrator 6 or other City official may delegate to a hearing officer. 7 3. WILLIAM HOLT will be paid at the rate of$125.00 per hour. The hourly rate 8 includes overhead expenses such as telephone, photocopy, postage, mileage and related costs. 9 4. Bills shall be submitted at least quarterly. S 10 5. Support staff for hearings shall be provided by the City of San Bernardino. All j 11 hearings shall be held in the CITY at the City Hall. i 12 6. Either party may terminate this agreement on thirty(30) days written notice to the other. Notice will be provided at the following address: 13 CITY OF SAN BERNARDINO 14 CITY ADMINISTRATOR 300 North "D" Street 15 San Bernardino, California 92418 16 WILLLAIM HOLT 17 Post Office Box 6040 Fullerton, California 92834 18 19 7. WILLIAM HOLT is an independent contractor as to the CITY. 20 8. WILLIAM HOLT shall maintain the following type of insurance with limits as 21 shown- 22 a) Workers Compensation as required by the laws of the State 23 of California, including Employment Liability with $250,000 limits 24 covering all persons providing service on behalf of WILLIAM HOLT and 25 all risks to such persons under this Agreement. WILLIAM HOLT shall 26 require his Workers Compensation carrier to waive all rights of 27 subrogation against the CITY and its officers and employees and any 28 others for whom services are being provided under this Agreement. RI..4fis[Hoh-Agr] 1 EXHIBIT "A1l _ f 1 b) Comprehensive General and Automobile Liability Insurance 2 coverage to include contractual coverage and automobile coverage for 3 owned, hired and non-owned vehicles. The policy shall have at least a 4 combined single limit of$1,000,000 for bodily injury and property damage. 5 c) Professional Liability Insurance with limits of at least 6 $1,000,000 per claim. In lieu of naming the CITY as an additional insured, 7 the policy may be endorsed as follows: 8 "Insurance coverage afforded by this policy shall a also apply to the liability assumed by the Insured under the q 9 Agreement with the CITY OF SAN BERNARDINO for legal defense services, provided such liability results from 10 an error, omission or negligent act of the insured, its officers, employees, agents or subcontractors. All other 11 provisions of this policy are to remain unchanged." 12 WILLIAM HOLT shall furnish certificates of insurance and certified copies of all 13 policies and endorsements to the City Attorney's Office evidencing the insurance coverage above 14 required prior to the commencement of performance of services hereunder, which certificates shall 15 provide that such insurance shall not be terminated or expire without thirty(30)days written notice 16 to the City Attorney's Office, and shall maintain such insurance from the time WILLIAM HOLT 17 commences performance of services hereunder until the completion of such services. 'I 18 All policies, with respect to the insurance coverage above required, except for the i 19 Workers Compensation insurance coverage and professional liability coverage, if applicable, shall i 20 obtain additional endorsements naming the CITY and all parties represented under this Agreement, ' 21 their employees, agents,volunteers and officers as additional named insured with respect to liabilities 22 arising out of the performance of services hereunder. 23 All policies required above are to be primary and non-contributing with any t 24 insurance or self-insurance programs carved or administered by the CITY or other parties represented t 25 under this Agreement. 26 9. All decisions after hearings shall be directed by WILLIAM HOLT to the Cit} 27 Administrator or the City Administrator's designee. 28 10. CITY agrees to indemnify and defend WILLIAM HOLT for any liability imposed RLSfis[Holt.Agrl 2 1 by law on WILLIAM HOLT as a result of any act or omission arising out of, or performed under, 2 this agreement. Any indemnification for punitive or exemplary damages shall require the findings set 3 forth in Government Code §825(b)by the City Council. 4 11. WILLIAM HOLT will defend and indemnify the CITY for any act or omission 5 except those in paragraph 10, and including, without limitation, travel to and from the CITY. 6 12. WILLIAM HOLT agrees to hold hearings at least two(2)days per month at City 7 Hall. The hearings shall be held on the Fridays that City hall is open to the public at times specified 8 by the CITY,unless changed by mutual agreement of the parties. WILLIAM HOLT will be available 9 for a full day of hearings on days scheduled for hearing. 10 CITY OF SAN BERNARDINO 11 Dated: 12 By: Tom Minor, Mayor City of San Bernardino 13 14 15 Dated: William Holt 16 17 18 APPROVED AS TO FORM 19 AND LEGAL CONTENT. 20 James F. Penman, City Attorney 21 By- 22 23 24 25 26 27 28 RLSls[Hoh.Agr] 3