Loading...
CA Hearing Officer Services 2020AGREEMENT FOR HEARING OFFICER SERVICES THIS AGREEMENT for Hearing Officer Services is made and entered into this day of No*amber 2020, by and between the CITY OF SAN RAFAEL (hereafter "CITY") and CALIFORNIA HEARING OFFICERS, LLP (hereafter "CONTRACTOR"). I*a are] r r:11ky WHEREAS, from time to time, CITY has a need for hearing officer services for hearings in connection with administrative citations, orders, appeals, or other proceedings authorized pursuant to provisions of the San Rafael Municipal Code; and WHEREAS, CONTRACTOR has presented evidence to CITY that CONTRACTOR is qualified and competent to provide the required hearing officer services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: DESIGNATED REPRESENTATIVES. A. CITY. The City Attorney shall be the representative of the CITY for all purposes under this Agreement. B. CONTRACTOR. Kamardeep Athwal shall be the authorized representative for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute representative for CONTRACTOR, for any reason, the CONTRACTOR shall provide timely notification of the change to CITY. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall provide hearing officer services for hearings in connection with administrative citations, order, appeals or other proceedings pursuant to the provisions of the San Rafael Municipal Code, all as more particularly described in Exhibit "A" attached hereto and incorporated herein. CONTRACTOR's appointment by CITY is and will not be based or contingent upon any expectation of favorable outcomes or decisions in any hearings and it is understood that CONTRACTOR shall act independently in a fair, unbiased, and appropriate manner in deciding all such matters in which he or she participates. DUTIES OF CITY. In addition to compensating CONTRACTOR as provided in Section 4 below, the CITY shall furnish a suitable place at which hearings conducted by CONTRACTOR shall be held. 4. COMPENSATION. In consideration of the performance by CONTRACTOR of all the set -vices set forth in this Agreement, CITY agrees to compensate CONTRACTOR at the hourly rate of two hundred sixty dollars ($260.00). CITY agrees to compensate CONTRACTOR for up to two (2) hours preparation time for each noticed hearing unless CITY cancels such hearing date and notifies CONTRACTOR of such cancellation at least seventy-two (72) hours prior to the scheduled commencement time for such hearing. CITY may give notice to CONTRACTOR of such cancellation by telephone or by facsimile transmission or email. Travel time paid at a rate $130 hour plus mileage at the allowable IRS rate at the time the travel is conducted, and accommodations and per diem expenses, if necessary. In no event shall the total compensation under this Agreement exceed fifteen thousand dollars ($15,000). 5. TERM OF AGREEMENT. The term of this Agreement shall be for one (1) year commencing on December 1, 2020, and ending on November 30, 2021, inclusive, subject to the provisions of Section 6 of this Agreement. Upon mutual agreement of the parties, the term of this Agreement may be extended for an additional period of one year. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon sixty (60) 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. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. 2 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, to the extent arising from the willful misconduct or gross negligence of CONTRACTOR. This indemnification shall not extend to any claim related to CONTRACTOR's duties as a hearing officer in the interpretation or application of CITY's Municipal Code or Code Enforcement Procedures Manual. CITY shall indemnify, release, defend and hold harmless CONTRACTOR, 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, to the extent arising from the willful misconduct or gross negligence of CITY. 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 hanmless 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. Except as otherwise provided herein, 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. Notice shall be given as follows: CITY: Robert F. Epstein, City Attorney PHONE: (415) 485-3080 City Attorney's Office FAX: (415) 485-3109 1400 Fifth Avenue, Room 202 San Rafael, CA 94901 EMAIL: city.attorneyoa?cityofsanrafael.org CONTRACTOR: Kamardeep Athwal California Hearing Officers, LLP 8801 Folsom Blvd. Suite 220 Sacramento, CA 95826 Administrative Contact Kamardeep Athwal, Partner California Hearing Officers, LLP Phone: 916.306.0980 8801 Folsom Blvd. Suite 220 FAX: 844.860.6415 Sacramento, CA 95826 Email: dathwal@cahearingofticers.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. 4 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. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by CONTRACTOR and 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. 5 20. TAXES. 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. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF SAN RAFAEL JIM kC,HIJTZ, Ci anager Date: (9 - bT— 2,4 26 ATTEST: ,P* • Nz"4U4-r 4 j INDSAY LARA, City Clerk 6 CALIFORNIA HEARING OFFICERS, LLP .cQ�Lrr� KAMARDEEP ATHWAL, Partner Date: APPROVED AS TO FORM: L�') &wi�-- ROBERT F. EPSTEIN, City 4ttomey EXHIBIT "A" HEARING OFFICER SERVICES Pre -Administrative Hearing Duties. A. The City Attorney will set, from time -to -time, the regularly scheduled monthly or bi-monthly time(s) for appeals of administrative citations as provided under San Rafael Municipal Code Chapter 1.44, and administrative hearings on Notices and Orders or other appeals or proceedings under the San Rafael Municipal Code. Consistent with the general days and times of the week set by the City Attorney, the CITY'S enforcement staff will schedule, with CONTRACTOR approval, the specific day and time upon which each administrative hearing will occur, and will notify CONTRACTOR at least fifteen (15) days prior to the hearing(s) which CONTRACTOR will be required to conduct the hearing. B. At least six (6) days prior to the scheduled day of the administrative hearing, the CITY'S enforcement staff shall mail to CONTRACTOR a copy of the staff report with respect to the subject of the hearing. C. Prior to the day of the administrative hearing, CONTRACTOR shall review the staff report(s), and shall research if necessary, all relevant CITY rules, regulations, ordinances, and/or policies governing the subject matter of the hearing. D. CITY shall not have the authority to select the hearing officer for any specific case. CONTRACTOR shall have sole authority and responsibility for assigning a hearing officer to conduct a hearing. 2. Administrative Hearing Duties. A. CONTRACTOR shall conduct the administrative hearings and make determinations regarding administrative citations, orders, appeals or other proceedings in accordance with Chapters 1.44 or 1.46 or other applicable provisions of the San Rafael Municipal Code. B. CONTRACTOR shall conduct each administrative hearing in a professional manner and be respectful, courteous, patient and responsive to all Contestants. Post -Administrative Hearing Duties. A. CONTRACTOR shall conduct any additional research necessary to fully and properly adjudicate any issues not resolved on the day of the administrative hearing. B. Within thirty (30) days of an administrative hearing, CONTRACTOR shall complete and mail to the Responsible Party a written Decision containing the information specified in Chapters 1.44, 1.46, or other applicable provisions. of the San Rafael Municipal Code, as appropriate for the type of hearing. C. CONTRACTOR shall serve a copy of the Decision, with proof of service, on all parties to the hearing in the manner required by the San Rafael Municipal Code provisions applicable to the hearing. In addition, service on the City shall also be made by U.S. Mail, postage prepaid, and/or by email as follows: City Clerk San Rafael City Hall 1400 Fifth Avenue, Room 209 San Rafael, CA 94901 city.clerk@cityofsanrafael.org And City Attorney San Rafael City Hall 1400 Fifth Avenue, Room 202 San Rafael, CA 94901 city.attorney@cityofsanrafael.org D. CONTRACTOR shall return all exhibits and materials submitted at or considered during the hearing to the City Attorney within fifteen (15) days of issuance of the final decision following the administrative hearing. 4. General Duties. A. CONTRACTOR shall conduct the administrative hearing described in this Agreement in the City Council chambers at City Hall, 1400 Fifth Avenue, San Rafael, or at such other location as determined by the City Attorney. B. CONTRACTOR shall perform any other tasks required to effectively implement the City's Administrative Hearing Processes. C,p,� RAFq�` 1 i 2 �o r�TY WITH P 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: Rob Epstein Extension: 3080 Contractor Name: California Hearing Officers, LLP Contractor's Contact: Kamardeep Athwal Contact's Email: dathwal@cahearingofficers.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 n/a b. Email contract (in Word) and attachments to City 9/17/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 10/15/2020 and return to Project Manager b. Confirm insurance requirements, create Job on n/a Department Director PINS, send PINS insurance notice to contractor Approval of final agreement form to send to ❑x 3 ❑ Project Manager contractor Forward three (3) originals of final agreement to 4 ❑ Project Manager contractor for their signature When necessary, contractor -signed agreement 5 ❑x N/A agendized for City Council approval * *City Council approval required for Professional Services' Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed /I�� ' f City Attorney agreement _ Review and approve insurance in PINS , and bonds ��'// ; 8 (for Public Works Contracts) %� / 9 -ata 9 City Manager/ Mayor Agreement executed by City Council authorized _ official City Clerk Attest signatures, retains original agreement and 10 6 ���71 � 7 forwards copies to Project Manager