HomeMy WebLinkAboutMorris, Katherine; 2014-04-17;AGREEMENT FOR HEARING EXAMINER SERVICES
Katherine Morris
THIS AGREEMENT is made and entered into as of the day of
Acprdt^ , 2Q(H: by and between the CITY OF CARLSBAD, a municipal
corporafion, ("City"), and Katherine Morris ("Contractor").
RECITALS
City requires the professional services of a Hearing Examiner that is experienced in
hearing investigation services relating to contested parking citations pursuant to California
Vehicle Code 40215. Contractor has the necessary experience in providing these professional
services, has submitted a proposal to 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 Exhibit "A," attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of three (3) years from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will not exceed five thousand dollars
($5,000) per each year of the agreement. No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. City reserves
the right to withhold a ten percent (10%) retention until City has accepted the work and/or the
Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. 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 attorneys
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.
City Attorney Approved Version 1/30/13
6. 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 rating in the Best's Key
Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", 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. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. 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.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et sag., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
City Attomey Approved Version 1/30/13
13. 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.
14. 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 CITY OF CARLSBAD, a municipal
corporation of the State of California
By: 6
, (sign here)
By:
(p&lint name/title)
(sign here)
(print name/title)
linistrative Services Director
Chuck iVlcBride
ATTEST:
BARBARA
City Clerk
GLESON
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:
CELIAA ity Attorney
y A'ssistant City Attorney
City Attorney Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES
Contractor will provide the City of Carlsbad with hearing examiner services for contested
parking citations issued in the City of Carlsbad pursuant to California Vehicle Code 40215,
which states that If a person is dissatisfied with an initial review of their citation, the person may
request an administrative hearing of the violation no later than 21 calendar days following the
mailing ofthe results ofthe issuing agency's initial review."
Once a request for second hearing is received, city shall compile all data relating to the
contested citation including, but not limited to, a copy of the citation, statements from the police
officer that wrote the citation, and contest forms previously submitted by contestant. The
compiled data will be given to Contractor on the day of the hearing. City shall then contact the
Contractor and contestant to schedule a hearing.
Hearings should be scheduled within 90 days of request. Hearing will take place at the Faraday
Administrative Offices at 1635 Faraday Avenue. City shall be responsible for providing a private
meeting room and supplies to Contractor. Supplies shall include the following items:
• tape recorder
• copy of the California Vehicle Code
Based on testimony given by contestant. Contractor will make a determination on the validity of
the citation and issue a report to the City of Carlsbad stating his/her findings. This report is to
be issued with five (5) business days of hearing, and city will contact contestant to inform them
of Contractor's decision.
The fee for hearing examiner services shall be seventy-three dollars ($73.00) per hour with a
three (3) hour minimum, plus an additional thirty-two dollar ($32.00) fee per hearing day. Rate
will be increased two dollars and fifty cents ($2.50) per hour plus one dollar ($1) per hearing day
for each additional year that Agreement is in force. Contractor shall invoice city on a monthly
basis.
City Attorney Approved Version 1/30/13