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RESOLUTION (ID # 4198) DOC ID: 4198 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 12/07/2015
Prepared by: Allen Parker, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
The Execution of Amendment Number One to the Hearing Officer Services Agreement
Between the City of San Bernardino and Jones & Mayer. (#4198)
Current Business Registration Certificate: Yes
Financial Impact:
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.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On July 20, 2015,the Mayor and Common Council authorized the execution of a Consultant
Services Agreement between Jones&Mayer and the City of San Bernardino for consultant
services.
Background:
Jones&Mayer, a law firm experienced in municipal law and presiding over administrative
hearings, and is qualified and willing to conduct fair and impartial hearings on behalf of the City
of San Bernardino.
City Attorney Review:
Supporting Documents:
Amendment to Hearing Officer Services Agreement (DOC)
agrmt 4198 (PDF)
Updated: 12/3/2015 by Jolena E. Grider B Packet Pg. 109
1 RESOLUTION NO.
2
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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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS: 0
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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 o
11 herein. c
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Packet Pg. 110
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 meeting thereof, held on the
6
day of ,2015,by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ =
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10 BARRIOS V
11 VALDIVIA
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13 SHORETT a
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14 NICKEL
15 JOHNSON
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16 MULVIHILL 0
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18 Georgeann Hanna, City Clerk =
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The foregoing Resolution is hereby approved this day of ' 2015. a
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22 R. Carey Davis, Mayor c
City of San Bernardino E
23 Approved as to form:
Gary D. Saenz, City Attorney a
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25 By'
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Packet Pg. 111
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 _ day of
,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"). L
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WITNESSETH : o
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WHEREAS, on August 7, 2015 the CITY and HEARING OFFICER entered into that certain L.
Agreement titled HEARING OFFICER SERVICES AGREEMENT BETWEEN THE CITY OF =
SAN BERNARDINO AND JONES &MAYER(the"Agreement"); and, 00
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, Z
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
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1. Section 2.1 —Compensation shall be amended to read as follows:
"2.1 Compensation. CITY agrees to pay, and HEARING a
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
Packet P'g. 112
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]
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AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND,TONES&MAYER
Page 2 of 3
Packet Pg. 113 .
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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:
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Dated , 2015 CITY OF SAN BERNARDINO
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By:
Allen Parker, City Manager =
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney o
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AMENDMENT NUMBER ONE TO THE HEARING OFFICER SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND JONES&MAYER
Page 3 of 3
Packet Pg. 114