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HomeMy WebLinkAboutMorris, Katherine; 2018-08-23;AGREEMENT FOR ADMINISTRATIVE HEARING OFFICER SERVICES KATHERINE MORRIS THIS AGREE ENT is made and entered into as of the /).:?J..6') day of -~...._.. ....... ..,q.,:~"""""·,a..._ ___ , 2018, by and between the CITY OF CARLSBAD, a municipal corporation, City"), and KATHERINE MORRIS, a California Corporation that provides hearing examiner services, ("Contractor"). RECITALS City requires the professional services of An Administrative Hearing Officer that is experienced in conducting hearings and making determinations regarding code violations across various city departments, including all work necessary for the effective handling of the city's administrative hearings. Contractor has the necessary experience in providing these professional services, has submitted a proposal to the City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise reasonable professional care and skill customarily executed by reputable members of Contractor's profession practicing the in the Metropolitan Southern California Area, and will use reasonable diligence and best judgement while exercising its professional skill and expertise. 3. TERM This Agreement will be effective for a period of five (5) years from the date first written above. 4. COMPENSATION The total fee payable for the Services to be performed shall not exceed thirty thousand dollars ($30,000) per each year of the agreement, based on an hourly rate in Exhibit "A". No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 5. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with the City as necessary, the persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. City Attorney Approved Version 4/1 /15 The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled, City will not make any federal or state tac withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for a tac, retirement contribution, social security, overtime payment, unemployment payment of workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 6. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 7. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 8. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 9. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version 4/1 /15 2 10. ACCOUNTING RECORDS Contractor will maintain a complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to the Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 11. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 12. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor if City. 13. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Kerry Jezisek Title Sr. Program Manager Housing & Neighborhood Department Services ---------- City of Carlsbad Address 1200 Carlsbad Village Dr Carlsbad, CA 92008 Phone No. 760-434-2883 For Contractor Name Katherine Jane Morris Title Address 1327 Pacific Beach Dr, #2 San Diego, CA 92109-5268 Phone No. 858-274-2894 Email Kjmorris1944@yahoo.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 4/1 /15 3 14. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 15. COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 16. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 17. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 18. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City Attorney Approved Version 4/1 /15 4 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 19. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 20. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 21. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 22. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. City Attorney Approved Version 4/1 /15 5 23. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 24. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK City Attorney Approved Version 4/1 /15 6 25. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Atwv,6-lrrdi ve (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California DB8IE FOUNTAN,Community & Economic Development Director ATTEST: CJ!Yfu&!lJiJ~ ~RBARA ENGLESON I)-City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -~ /1-u C~v±'z'. ~1y M>r f'U/) M~~s2i ~~ve&i · City Attorney Approved Version 4/1 /15 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Scill 0-,l''fsO before me, \Gttr1 C\ 0-. L c.~s ( € o-b On Bucws\: \\\I ciO \~ 0 Date Here Insert Name and Title of the Officer personally appeared _K,~o.:=~--'-----'--'---""'-r--'------''\..,_Y\,Q.,.._____,M--"--\l.O ..... r:.....i....(_,__-lS.=------------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/ai:e subscribed to the within instrument and acknowledged to me that -he/she/-tRey executed the same in ms/her/their authorized capacit~), and that by..his/her/tl=1eir signatur~ on the instrument the person\S'), or the entity upon behalf of which the perso9-(s) acted, executed the instrument. 1············1 '+ PATRICIA L. CRESCENTI : ·· ~, Notary Public -California 2 ~ -San Oi~o County ~ ' • • Commission# 2239911 - '•, ..... , My Comm. Expires May 21, 2022 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu~ ~A,_) Signa,;,;;o ~blic ----------------oPTTONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descriptio f Attached Document Title or Type o ocument: _____________ Document Date: -------===-~- Number of Pages: ~-....::----Signer(s) Other Than Named Above: -----===---""':__ _____ _ Capacity(ies) Claimed by 1 Signer's Name: ________ ----:e,,,,,_,_,=---- D Corporate Officer -Title(s): -----~,---- D Partner -D Limited D General D Individual D Trustee D Attorney in F: D Guar or Conservator D Other: ___ ...,...,,:__ _________ _ D Attorney in Fact D Guardian or Conservator ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-Item #5907 EXHIBIT "A" SCOPE OF SERVICES Contractor will comply with all aspects of City Admin Order #79 Rules and Procedures to Establish a Pool of Qualified Administrative Hearing Officers (Exhibit B). The Contractor will provide administrative hearing services as a Hearing Officer. The Contractor will be responsible for hearing appeals and making determinations regarding a wide range of code violations (see the Carlsbad Municipal Code, http://www.qcode.us/codes/carlsbad/). The Contractor will preside over the public hearing and hear testimony from both parties regarding contested issues. Hearings will be conducted between 15 and 60 days from when a hearing request is filed with the City. Either at the hearing, or within 10 working days of its conclusion, the Contractor shall make a decision and adopt findings as required by the Carlsbad Municipal Code. The Contractor will issue a written decision to uphold or cancel the administration citation, including the reasons for that decision. The Contractor will comply with the full procedures for administrative hearings as set forth in Carlsbad Municipal Code section 1.10.130. The types of violations appealed may include parking, public nuisances, building permits, health and safety, building codes, storm drain pollution/drainage issues, vacation rentals, housing, transient occupancy tax payments and/or other related issues. However, any violation under the Carlsbad Municipal Code could be appealed. The Contractor, as Hearing Officer may also impose fines, award enforcement costs or issue corrective/abatement orders. The city will provide the necessary clerical support for the Hearing Officer. Hearing preparation will include reading the agenda and file materials; consultation with staff; knowledge and research of relevant city ordinances and on-site inspections; and coordinating and collaborating with other internal departments regarding scheduling, administrative problems, resident inquiries and legal questions. The city will also provide a hearing room, use of copying equipment, case file packets and hearing documents. The fee for hearing officer services for Parking Citations shall be eighty dollars and fifty cents ($80.50) per hour with a three (3) hour minimum, plus an additional thirty-five dollar ($35.00) fee per hearing day. The fee for additional administrative hearing services for Code Enforcement and I or Housing (Section 8) cases, as requested by the city, shall be one-hundred and fifty dollars ($150.00) per hour. This rate includes all expenses as provided in Administrative Order #79, Section (ll)(d)(ii). The No-Show/Abandonment rate for an administrative hearing scheduled for Code Enforcement or Housing (Section 8) cases shall be two hundred and forty-five dollars ($245.00). in the event only one party presents its case without the opposing party present and a decision is still made by the hearing officer. Cancellation Rate: If a Code Enforcement or Housing (Section 8) hearing is cancelled with less than 24-hours notice, the hearing officer will receive one hour of billing / one hundred fifty dollars ($150.00). This rate applies notwithstanding the cancellation rate contained in Administrative Order #79. No other compensation for services will be allowed, unless otherwise contracted in writing between City and a Hearing officer. City Attorney Approved Version 4/1 /15 8 Exhibit B City of Carlsbad Administrative Order No. 79 Rules and Procedures to Establish a Pool of Qualified Administrative Hearing Officers PURPOSE: These policies and procedures must be created per Carlsbad Municipal Code Section 1.10.140 to regulate and facilitate the hiring and administration of hearing officers. I. RULES AND PROCEDURES TO ESTABLISH A POOL OF QUALIFIED ADMINISTRATIVE HEARING OFFICERS A. HEARING OFFICER QUALIFICATIONS i. The City of Carlsbad may contract with one or more hearing officers with training and experience in administrative law, municipal law and due process to hear and make unbiased determinations in administrative hearings. ii. The hearing officer(s) shall be a licensed attorney, or shall possess other comparable and adequate qualifications as determined by the City Attorney or designee. iii. Additional factors for consideration when selecting Hearing Officers shall include, but are not limited to: a. Past experience as an adjudicator (e.g., judge, judge pro-tern, arbitrator) or otherwise demonstrates an ability to conduct an impartial and fair hearing, analyze the Carlsbad Municipal Code, weigh evidence, prepare decision reports and make unbiased judgments; b. Relevant expertise, including knowledge of administrative law, local government processes, code enforcement procedures, nuisance law, environmental law and housing law; c. Professional standing and quality of references; d. Demonstrated ability to handle volume and meet time demands; e. Effective verbal and written communication skills; f. Proposed rates for service; g. Availability; h. Ability to commute to the city; i. Interview performance; j. Cannot already be employed, managed or controlled by the city; k. Must not have been issued a code enforcement citation with a fine for a period of 18 months from the time of application for a hearing officer position. City Attorney Approved Version 4/1 /15 9 B. SELECTION PROCESS i. Whenever the City Manager or designee determines that it is necessary in order to maintain a sufficient number of administrative hearing officers, he or she shall initiate a request for proposals (RFP) to identify one or more qualified hearing officers. The RFP may be published in legal periodicals, journals, and/or bar association magazines; at law schools; on the city website and other job-related web sites; and/or sent directly to potential candidates who are brought to the attention of the City Manager or designee. ii. The Community & Economic Development Director or designee shall review the responses to the RFP and, using the criteria set forth above, select qualified candidates. Interviews may be held at the discretion of the Community & Economic Development Director or designee. II. TERMS OF APPOINTMENT a. HEARING OFFFICER CONTRACT i. Subsequent to selection by the city, each hearing officer shall execute an independent contractor agreement to provide services as a hearing officer for a term of 5 years. ii. This contract shall be consistent with the standard City of Carlsbad Professional Services Agreement for agreements over $10,000 in value, unless otherwise specified in these Rules and Procedures. iii. The contract shall terminate at the end of its 5year term, provided however, that the term may be extended by the Community & Economic Development Director in order for the Hearing Officer to complete any appeals that are not yet final as of the end of the term. b. ASSIGNMENTS i. If more than one hearing officer is contracted with the city, hearing assignments shall be made on a random basis. Notwithstanding this policy, the Community & Economic Development Director or designee may reserve the assignment of certain types of hearings to a hearing officer with specialized expertise or experience in that area. ii. The city shall promptly notify the hearing officer of his or her selection to preside over a hearing. The hearing officer shall select a hearing date not less than 15 days and not more than 60 days from the date that the request for hearing was filed, in accordance with Carlsbad Municipal Code section 1.10.130(A)(2). If the hearing officer is unable to schedule a hearing within 60 days of the filing for a hearing, then at the request of either party, the city shall provide a new hearing officer who can timely hear the case. Otherwise, the parties may agree to a hearing date more than 60 days from the date that the request for hearing is filed. City Attorney Approved Version 4/1 /15 10 c. IMPARTIALITY AND CONFLICTS SCREENING i. Any hearing officer residing or owning property within 500 feet of the subject property of the appeal shall be excluded from the selection process for that particular hearing. ii. Hearing officers are subject to due process requirements and must conduct hearings in an impartial manner. A hearing officer must not be contacted by the city or the responsible party to discuss any item that will come before him or her in a hearing. If such contact occurs, the hearing officer may be subject to recusal from that item. However, communication of ministerial matters, such as scheduling a hearing, is permissible. iii. A hearing officer has an utmost obligation to remain impartial and neutral throughout the hearing process. He or she shall carefully monitor and disclose any business or personal conflicts of interest and recuse himself or herself from the hearing if necessary. Failure to disclose a conflict of interest may result in termination of the hearing officer. iv. In the event the hearing officer believes that a conflict of interest does not exist but might be perceived, he or she is required to disclose this to both parties no less than eight (8) days prior to the hearing date. Either party may then request that a new hearing officer be selected, provided that such request is made known to the hearing officer within two (2) business days of such notification. v. In the event that the hearing officer does not disqualify him-or herself or does not announce a relationship that might be perceived as a potential conflict of interest and either party believes that a conflict of interest may exist, that party may request of the Community & Economic Development Director that a different hearing officer be selected, provided such request is made within five (5) days before the hearing date. The Community & Economic Development Director or designee shall determine whether or not to take such action based on the evidence presented of a relationship, prejudice or bias that might impede the hearing officer's ability to provide a fair hearing. vi. Hearing Officers are subject to the California Political Reform Act and the City of Carlsbad Conflict of Interest Code. As such, they must file a Conflict of Interest Statement with the City Clerk and shall report investments or interests in all categories. d. COMPENSATION i. The total fee payable for hearing officer services will be determined by the Community & Economic Development Director or designee, based on the individual hearing officer's knowledge, experience, and skill level. ii. Ordinary Rate Schedule: The fee will be charged based on a daily hearing rate or a single hearing rate, depending on the complexity of the matter. This fee shall include, but not be limited to, all appeals consolidated into a single hearing and any subsequent continuance or future dates until a final determination is rendered by the hearing officer. This amount is for travel, preparation time, conducting the hearing and preparing the written decision. There shall be no additional payment in City Attorney Approved Version 4/1 /15 11 the event the hearing officer is requested to testify at a later court proceeding. iii. No-Show/Abandonment Rate: The hearing officer will receive a 30% reduced no-show/abandonment rate in the event only one party presents its case without the opposing party present and a decision is still made by the hearing officer. iv. Cancellation Rate: If a hearing is cancelled with less than 24-hours notice, the hearing officer will receive a 50% reduced cancellation rate. v. No other compensation for services will be allowed, unless otherwise contracted in writing between the city and a hearing officer. Ill. DISQUALIFICATION OF AN ADMINISTRATIVE HEARING OFFICER a. A party may disqualify a hearing officer from presiding over any matter governed by these rules only upon an affirmative showing, made in good faith, of personal bias, a lack of independence, disqualification by law or other ground for disqualification allowed by law. Receipt of an administrative citation with a fine while serving a term as a hearing officer constitutes grounds for disqualification. b. A party seeking to disqualify a hearing officer may do so only upon the filing of a motion which is supported by a sufficient affidavit showing the particular facts and matters which constitute good cause for disqualification under lll(a). The party must file the motion and affidavit no later than 30 days after that party has notice of the assigned presiding hearing officer. c. Following the filing of a motion and affidavit of disqualification and a reasonable period of time for an opposing party to comment upon it, the Community & Economic Development Director or designee shall either enter an order of recusal or decline disqualification. This order must specify the particular facts and grounds upon which it is based and will be deemed final and non-appealable. d. A hearing officer may make an order or give a notice of recusal or self- disqualification at any time. City Attorney Approved Version 4/1 /15 12 :::. ~~ : ~. ~R NO: l(D)6897 ; ' ,~~r,· ,,,, /;i •:,f{ END NO. 1500223 PREVIOUS NO. 1500201 CONTRACT NO. (UMR) B0429BA1701027 Endorsement to Certificate No. NI 9022 DECLARATIONS COMMERCIAL GENERAL LIABILITY INSURANCE issued to the NATIONAL ASSOCIATION OF SALARIED PRO~IONALS PURCHASING GROUP, INC. and SPECIFIED MEMBERS ~::_o :nsurance Has Been Effected With: Underwriters at Lloyd's, London ::-:::CIFIED KATHERINE JANE MORRIS ·.~~IBER: 1327 Pacific Beach Drive #2 San Diego, CA 921()()-5268 LIMITS OF INSURANCE: General Aggregate Limit (other than Products-Completed Operations) Products-Completed Operations Aggregate Limit Personal & Advertising Injury Limit Each Occurence Limit Fire Damage Limit Medical Expense Limit PERIOD OF COVERAGE: $1,000,000.00 $1,000,000.00 EXCLUDED $1,000,000.00 $50,000.00 $5,000.00 From August :I>, 201712:01 A.M To August :I>, 201812:01 A.M. at the Specified Member address above Location of all premises (Same as above unless shown below): CLASSIFICATION (Activities as per Insured's signed application -attached) FORMS AND ENDORSEMENTS APPLICABLE are listed on attached schedule DEDUCTIBLE: $250.00 each occurrence, applicable to damages only. PREMIUM (Including Endorsements): Service fee: Purchasing Group Tax for CA@ 3% TOTAL PREMIUM (Including Taxes and Fees): $700.00 SS0.00 $22.50 sm.so In consideration of the premium paid and in reliance up<>n the statements in the application attached hereto, the above Specified Member is an Insured under the Master Certificate ("Certificate") issued to the National Association of Salaried Professionals Purchasing Group, Inc. by the Insurer for the period of insurance and limits of liability specified above. All other terms, conditions and exclusions of the Certificate are unchanged. This certifies that the attached Certificate is a true copy of the original document issued to the Association, which is hereby issued to the Specified Member. Date: September 6, 2017 p14.•5 (UW 4109) (PG MED) Complete F.q~ Markets, Inc. dba Complete Equity Markets Insurance Agency, Inc. (CASL#OD44077) By ~7Y~ Lawrence T.P. Molloy ENDORSEMENT NO.: PREVIOUS ENDORSEMENT NO.: CUSTOMER NO.: 6725')9 672423 10006897 TRANSACTION NO.: NIA AUTHORIZATION NO.: (UMR) B0429BA1701036 Endorsement to Master Certificate No. CEM-14-17 DECLARATIONS ARBITRATORS, HEARING OFFICERS AND MEDIATORS PROFESSIONAL LIABILITY INSURANCE issued to the NATIONAL ASSOCIATION OF SALARIED PROFF.SSIONALS PURCHASING GROUP, INC. and SPECIFIED MEMBERS EV~DENC Ni~ffected with certain E L ',LONOON \ IP ~ KATHERINE JANE U'lt'\~S ~-~ A 1327 Pacific Beach Dri~''li'"• ;'i_ -( V <Not valid un1ea Countenipd) San Diego CA 92109-5268 '1111 S LIMITS OF LIABILITY: Coverage A -Professi~ Lia . Each claim: , Aggregate: 0 <;ovm:ago B -Defeugost Each claim: Aggregate: 3 . ~ Limit of Liability . !' Maximum fusura~ ~ble for Deductib_le -each cl.a~..-Q__i:Jpd~~~-~~t .. qf .. ·. :_· ., Retroactive Date: 7....: · ,:/2-)0li) 7 . -. PREMIUM (Including endorsemeni/ (9 ~../9 1/JMJepll (\ PREMIUM (Including fees and taxes): $748.00 PERIOD OF INSURANCE: From January 4, 2018 12:01 a.m. to January 4, 2019 12:01 a.m., at the Specified Member's address above. Special Conditions: See attached Summary page I~ COllll. 'doration of the premium pai. "d and in reliance upon the statements in th. e app.11 li. ·ccati01attuh. ed,here_to. the above. . speci.· ·ried member ia an Assured under the Master Certifita~ C"Certificato") issued to _the National Associatiop ~ Salarfec:U'roCOHl!)Dals Purchasing Group, Inc. of ~l}lllS by Underwriten at Lloyd's, London (not lllCOl"porated) for the Penod of Insurance and Limits of Liability specified above. All other lerms, conditions, and exclusions of tho Certificate are unchanged. · · This certifies that the attached Certificate is a true copy of the original document issued to tho Association, which is hereby issued to the Specified Member. Dated: January 10, 2018 LIi 14-1 Dec(Ol/13) medforms"•l66 (PG) UNDERWRITERS AT LLOYD'S, LONDON Complete Equity Markets, Inc. dba Complete Equity Markets Insurance Agency, Inc. (CASL#OD44077) J / J /4 ., By ~ 7Y /YL-(;JU,(lr Lawrence T.P. Molloy