HomeMy WebLinkAbout2015-262 1 RESOLUTION NO. 2015-262
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE
4 TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN THE CITY OF
5 SAN BERNARDINO AND JONES & MAYER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized to execute Amendment Number
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10 One to the Hearing Officer Services Agreement, attached hereto as Exhibit "A" and incorporated
11 herein.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE
2 TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN THE CITY OF
3 SAN BERNARDINO AND JONES & MAYER.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 t
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day of December, 2015, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ X
10 BARRIOS X
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VALDIVIA X
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SHORETT X
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14 NICKEL X
15 JOHNSON X
16 MULVIHILL X
18 George Hanna, &C, City Clerk
19 ` day of December, lP.
The foregoing Resolution is hereby approved this � y ,
20 lz"2
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22 R. Carey Davi , Mayor
City of San rnardino
23 Approved as to form:
Gary D. Saenz, City Attorney
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25 By: .-
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2015-262
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JONES & MAYER
This Amendment Number One (the "First Amendment") is entered into this 7th day of
goober- , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Jones & Mayer, a law firm in the State of California with an address of 3777 North
Harbor Boulevard in Fullerton, California (the "HEARING OFFICER") (individually
CITY or HEARING OFFICER may be referred to as a "PARTY" and collectively CITY
and HEARING OFFICER may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on August 7, 2015 the CITY and HEARING OFFICER entered into that certain
Agreement titled HEARING OFFICER SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND JONES &MAYER(the"Agreement"); and,
WHEREAS, CITY and HEARING OFFICER desire to amend the Agreement for
[DESCRIPTION OF VENDOR SERVICE] and desire to amend their rights, duties, and
liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 2.1 —Compensation shall be amended to read as follows:
"2.1 Compensation. CITY agrees to pay, and HEARING
OFFICER agrees to accept, as full compensation for the
HEARING OFFICER's services, compensation at the rate
of Two Hundred Dollars ($200.00) per hour until such time
as the Agreement terminates. In no event shall the CITY
pay more than Three Hundred and Ninety Thousand
Dollars ($390,000.00) under this Agreement without
further written authorization from the Mayor and Common
Council."
2. Section 3 —Term; Termination shall be amended to read as follows:
"The term of this Agreement shall be from the EFFECTIVE DATE
until June 30, 2018, inclusive.
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
Page 1 of 3
2015-262
This Agreement may be terminated at any time upon thirty (30)
days written notice by either PARTY. The terms of this Agreement
shall remain in force unless mutually amended in writing.
After the conclusion or termination of this Agreement, HEARING
OFFICER shall not be eligible to be retained or employed by the
CITY in any capacity for a period of twelve (12) months."
3. The remaining terms of this Agreement shall remain in full force and effect.
[Signature Pages Follows]
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
Page 2 of 3
2015-262
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JONES & MAYER
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2015 JONES &MAYER
By:
Its:
Dated , 2015 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
B GaA�
y.t
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
Page 3 of 3
2015-262
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JONES & MAYER
This Amendment Number One (the "First Amendment") is entered into this 7th day of
D&EQiPher , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Jones & Mayer, a law firm in the State of California with an address of 3777 North
Harbor Boulevard in Fullerton, California (the "HEARING OFFICER") (individually
CITY or HEARING OFFICER may be referred to as a"PARTY" and collectively CITY
and HEARING OFFICER may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on August 7,
G CITY and HEARING OFFICER entered into that certain
HEARING OFFICER
Agreement titled SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND JONES &MAYER(the "Agreement"); and,
WHEREAS, CITY and HEARING OFFICER desire to amend the Agreement for
[DESCRIPTION OF VENDOR SERVICE] and desire to amend their rights, duties, and
liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
1. Section 2.1 —Compensation shall be amended to read as follows:
"2.1 Compensation. CITY agrees to pay, and HEARING
OFFICER agrees to accept, as full compensation for the
HEARING OFFICER's services, compensation at the rate
of Two Hundred Dollars ($200.00) per hour until such time
as the Agreement terminates. In no event shall the CITY
pay more than Three Hundred and Ninety Thousand
Dollars ($390,000.00) under this Agreement without
further written authorization from the Mayor and Common
Council."
2. Section 3 —Term; Termination shall be amended to read as follows:
"The term of this Agreement shall be from the EFFECTIVE DATE
until June 30, 2018, inclusive.
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
Page 1 of 3
2015-262
This Agreement may be terminated at any time upon thirty (30)
days written notice by either PARTY. The terms of this Agreement
shall remain in force unless mutually amended in writing.
After the conclusion or termination of this Agreement, HEARING
OFFICER shall not be eligible to be retained or employed by the
CITY in any capacity for a period of twelve (12) months."
3. The remaining terms of this Agreement shall remain in full force and effect.
[Signature Pages Follows]
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
Page 2 of 3
2015-262
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JONES & MAYER
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 01 , 201 JONES & YER
By:
Its: ow '�
Dated 2�j` , 2015 CITY OF SAN BERNARDINO
By:
4len Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
B
y.t
AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
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