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CA Administrative Citation Hearing Officer Svcs 2015AGREEMENT FOR ADMINISTRATIVE CITATION HEARING OFFICER SERVICES This Agreement is made and entered into this 19th day of November, 2015, by and between the CITY OF SAN RAFAEL (hereafter "CITY"), and PATRICK M. GALVIN (hereafter "CONTRACTOR"). RECITALS WHEREAS, Chapter 1.44 of the San Rafael Municipal Code provides that a hearing to contest an administrative citation shall be heard by an Administrative Hearing Officer. WHEREAS, Section 8.19.090 of the San Rafael Code provides that the Administrative Hearing Officer hearing an administrative citation appeal in connection with a citation issued for a violation of the Social Host Ordinance (Chapter 8.19 of the San Rafael Municipal Code), shall also hear an appeal of the response costs assessed for public safety personnel response in connection with the alleged violation that is the subject of the underlying administrative citation. WHEREAS, CONTRACTOR represents that he is qualified and competent to provide the services of Administrative Hearing Officer, and is willing to provide such services, for hearings involving contests to administrative citations under Chapter 1.44 of the San Rafael Municipal Code and contests to response cost assessments under Section 8.19.090 of the San Rafael Municipal Code. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DESIGNATED REPRESENTATIVES. A. CITY. The City Attorney shall be the representative of the CITY for all purposes under this Agreement. B. CONTRACTOR. Patrick M. Galvin is the authorized representative for CONTRACTOR. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached hereto and incorporated herein. 3. DUTIES OF CITY. In addition to compensating CONTRACTOR as provided in Section 4 below, CITY shall mail CONTRACTOR written notices of scheduled hearings at least fifteen (15) days in advance of 14-3_ 564A X �i-��-z i Page 1 such hearings, shall mail or email CONTRACTOR written notices of cancellation of any scheduled hearings at least ninety-six (96) hours in advance of such scheduled hearings, shall furnish a suitable place at or nearby 1400 Fifth Avenue, San Rafael, at which the hearings may be conducted by CONTRACTOR, and shall provide CONTRACTOR with a copy of the San Rafael Municipal Code. 4. COMPENSATION. In consideration of the performance by CONTRACTOR of all the services set forth in this Agreement, CITY agrees to compensate CONTRACTOR at the hourly rate of One Hundred ($100.00) Dollars per hour, for a minimum of one (1) hour per hearing date, for noticed hearings conducted by CONTRACTOR. In addition, for each hearing date on which CONTRACTOR conducts one hearing or multiple hearings, CITY agrees to compensate CONTRACTOR at the established hourly rate for one (1) hour of CONTRACTOR's time to cover preparation for and travel to and from the hearing site, and preparation and mailing of a written decision or decisions following the hearing(s). CITY shall not be obligated to pay CONTRACTOR any compensation with respect to a scheduled hearing, if CITY has notified CONTRACTOR of the cancellation of the hearing at least ninety-six (96) hours prior to the scheduled commencement time of such noticed hearing. Notice for this purpose may be given by mail or by email as provided in Paragraph 14. Payment will be made upon receipt by City Attorney of itemized invoices submitted by CONTRACTOR. The total amount paid to CONTRACTOR shall not exceed Fifteen Thousand Dollars ($15,000). TERM OF AGREEMENT. The term of this Agreement shall be for a period commencing as of the date first hereinabove written and shall end on June 30, 2017, inclusive, subject to the provisions of Section 6 of this Agreement. Upon mutual written agreement of the parties, the term of this Agreement shall be extended for an additional period of one year. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. Page 2 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of his duties under this Agreement shall be the sole property of CITY. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's agents and employees in the performance of their duties and obligations under this Agreement. This indemnification shall not extend to any claim, etc. related to CONTRACTOR's duties as a hearing officer in the interpretation or application of CITY's Municipal Code. 11. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. Page 3 13. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Alternatively, notice may be given by email, and shall be deemed given upon completed delivery of the email to the recipient. Notice shall be given as follows: TO CITY: City Attorney's Office 1400 Fifth Avenue San Rafael, CA 94901 EMAIL: citv.attomev a,citvofsanrafael.ora TO CONTRACTOR: Patrick M. Galvin 17308 Arnold Drive Sonoma, CA 95476-4015 707-548-1576 EMAIL: pmiaalvindsl a,vahoo.com 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. Page 4 D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM C Z, City M ag r ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney CO TRACTOR AT CK M. GALS � dAA1 Page 6 EXHIBIT "A" HEARING OFFICER SERVICES Pre -Administrative Hearins Duties. A. The City Attorney will set, from time -to -time, on the third Tuesday of each month, the regularly scheduled administrative hearings of contested administrative citations and/or response cost assessments. Consistent with the schedule set by the City Attorney, the City's Code Enforcement Officials shall schedule the specific dates and times of such administrative hearings, and shall mail Contractor notice of such hearings at least fifteen (15) days prior to the date of such hearings. B. At least ten (10) days prior to the scheduled day of the administrative hearing on the contested administrative citation and/or response cost assessment, the Code Enforcement Official shall mail to Contractor a Staff Report which shall include a summary page listing all of the attached documents, and copies of the relevant administrative citation(s), request(s) for hearing, code sections cited, Resolution establishing the schedule of fines, and photographs, if any. C. Prior to the administrative hearing on a contested administrative citation and/or response cost assessment, Contractor shall review the Staff Report as preparation for the administrative hearing. Administrative Hearina Duties. A. Contractor shall conduct administrative hearings of contested administrative citations and/or response cost assessments at City Hall in the City of San Rafael, and, as part of the hearings, shall determine whether the alleged violation(s) occurred and, if the violation(s) occurred, whether the Contestant is the responsible party. B. Contractor shall consider the administrative citation and/or notice of response cost assessment and any Staff Report submitted by the City's Code Enforcement Official as prima facie evidence of the respective facts contained in those documents. C. Prior to making a written determination on the contested administrative citation and/or response cost assessment, Contractor may continue the hearing for a reasonable time not to exceed fifteen (15) days, for good cause, including receipt of additional information requested by the Contractor from the Code Enforcement Official and/or the Contestant. D. In the case of an appeal of an administrative citation, if Contractor upholds the administrative citation and the fine amount has not previously been deposited with the City, Contractor shall set forth as part of his written decision a schedule of payment schedule of the fine, which shall not exceed one hundred and eighty (180) days from the date of the Decision. E. Contractor shall conduct the administrative hearings and make determinations regarding contested administrative citations in accordance with Chapter 1.44 of the San Rafael Municipal Code and the City's Code Enforcement Procedures Manual, as applicable. F. Contractor shall conduct each administrative hearing in a professional manner and be respectful, courteous, patient and responsive to all Contestants. Page 7 Post -Administrative Hearine Duties. A. In each administrative hearing matter, Contractor shall make a determination whether to uphold or cancel the administrative citation and/or notice of response cost. Contractor shall complete and mail to the Contestant a Notice of Decision within fifteen (15) days of completion of the administrative hearing. In the Notice of Decision, Contractor shall state his/her determination and the reasons for the determination. Contractor shall mail the Notice of Decision, together with a Proof of Service, to the Contestant at the address shown on the Administrative Citation, or such alternative address as shown on the Request for Hearing. B. Contractor also shall mail a copy of any Notice of Decision, together with Proof of Service, as well as the Staff Report and any other documents introduced as evidence at the administrative hearing, to the City Attorney's Office, within fifteen (15) days of completion of the administrative hearing. 4. General Duties. A. Contractor shall be available to work up to ten (10) hours per month, as determined by the City Attorney to be necessary based on need. The City Attorney has determined that the third Tuesday in the month, between 9:30 a.m. and 5:00 p.m., administrative hearings shall be scheduled and conducted. B. Contractor shall conduct the administrative hearing described in this Agreement at the location determined by the City Attorney. C. Contractor shall maintain all records in the manner determined by the City Attorney with regard to contested administrative citations. D. Contract employee shall perform any other tasks required to effectively implement the administrative hearing responsibilities set forth herein. Page 8 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft 11/9/15 agreement. 2 Contracting Department Forward final agreement to contractor for 11/9/15 their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for N/A Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; 69-- jambonds, bonds,and insurance certificates and endorsements. 5 City Manager / Mayor 1 or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Eric Davis Project Name: Patrick Galvin -Administrative Hearin. Officer Agendized for City Council Meeting of (if necessary): N/A FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.