HomeMy WebLinkAboutCA Admin Citation Hearing Officer Services AmendmentAMENDED AGREEMENT FOR ADMINISTRATIVE CITATION
HEARING OFFICER SERVICES
This Agreement is made and entered into this 2(# day of January, 2018, by and between the
CITY OF SAN RAFAEL (hereafter "CITY"), and LISA GROTE (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 she 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 patties hereby agree as follows:
I. DESIGNATED REPRESENTATIVES.
A. CITY. The City Attorney shall be the representative of the CITY for all purposes
under this Agreement.
B. CONTRACTOR. Lisa Grote 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
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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
fumish 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 fifty
($150.00) Dollars per hour, for a minimum of one (I) 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 up to two and one half (2.5) hours of CONTRACTOR's time to cover
preparation for and preparation of and mailing of a written decision or decisions following the
hearing(s) (hereafter "PREPARATION PAY"). PREPARATION PAY may be extended
beyond two and one half hours based on special circumstances and prior written agreement between
the CITY and CONTRACTOR. PREPARATION PAY does not include travel pay as described
below.
The CITY agrees to compensate CONTRACTOR at the hourly rate of seventy-five ($75.00) dollars
per hour for up to three (3) hours for travel to andfi'om the hearing site ("TRA VEL PAY").
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 Attomey of itemized invoices submitted by CONTRACTOR. The total amount
paid to CONTRACTOR shall not exceed Fifteen Thousand Dollars ($15,000).
5. 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 December 31, 2018, 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. TERMINA TION.
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
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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 perfOlmance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thilty (30) days after termination.
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 patties 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 patty, 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 pelformance 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. NONDISCRIMINATlON.
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
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Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnity
and hold hannless 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.
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 communication s 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
palties 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:
TO CONTRACTOR:
City Attorney's Office
1400 Fifth Avenue
San Rafael, CA 94901
EMAIL: c i tv .attorney@cityofsanrafael .org
Lisa Grote
720 Newport Circle
Redwood City, CA 94065
EMAIL: lisagrotec<att.net
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 paIties 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 su~ject matter between the CONTRACTOR and the CITY.
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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.
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 palty 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 tenTIS 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
Celtification).
21. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
J]
ATTEST:
ES'fll~It C. BEIR?m , City Clerk
t,ind.sA~ Lo..VA J tnieYirn
CONTRACTOR
LISA GROTE
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EXHIBIT "A"
HEARING OFFICER SERVICES
I. Pre-Administrative Hearing 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 andlor 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 andlor response cost assessment, the Code Enforcement Official shall
mail to Contractor a Staff Report which shall include a summary page listing all ofthe 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 andlor response
cost assessment, Contractor shall review the Staff Report as preparation for the administrative hearing.
2. Administrative Hearing Duties.
A. Contractor shall conduct administrative hearings of contested administrative citations
andlor response cost assessments at City Hall in the City of San Rafael, and, as part of the hearings, shall
detennine whether the alleged violation(s) occurred and, if the violation(s) occurred, whether the
Contestant is the responsible patty.
B. Contractor shall consider the administrative citation andlor 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 andlor
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 fOlth as patt 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.
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3. Post-Administrative Hearing Duties.
A. In each administrative hearing matter, Contractor shall make a detel1nination 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 detennination and the reasons for the
detennination. 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 altemative 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 Attomey' 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 (l0) hours per month, as detennined by the
City Attomey to be necessary based on need. The City Attomey has detennined that the third Tuesday in
the month, between 9:30 a.m. and 12:00 p.m., administrative hearings shall be scheduled and conducted,
unless another time period is mutually agreed upon by the City and Contractor
B. Contractor shall conduct the administrative hearing described in this Agreement at the
location detennined by the City Attomey.
C. Contractor shall maintain all records in the manner determined by the City Attorney with
regard to contested administrative citations.
D. Contract employee shall perfonn any other tasks required to effectively implement the
administrative hearing responsibilities set forth herein.
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Attorney
Project Manager: Lauren M. Monson
Extension: 3082
Contractor Name: Lisa Grote (Amended Agreement -Hearing Officer Services)
Contractor's Contact: 415.269.2174
Contact's Email: lisagrote@att.net
D FPPC: Check if Contractor/Consultant must file Form 700
-
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a . Email PINS Introductory Notice to Contractor
b . Email contract (in Word) & attachments to City
Atty c/o Laraine .Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b . Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*P5A > $20 ,000 ; or Purchase> $35,000 ; or
Public Works Contract> $125 ,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COpy
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
8 City Manager / Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
N/A
1/19/2018
1/19/2018
N/A
1/19/2018
~ N/A
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enter a date
1/24/18
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