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HomeMy WebLinkAbout03 ADMIN HEARING OFFICER (EXAMINER) 01-15-96JANUARY 2, 1996 lnter-Com NO. 3 1-15-96 DATE' TO' FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER W. DOUGLAS FRANKS, CHIEF OF POLICE HEARING EXAMINER'S CONTRACT Recommendation That the City approve and adopt the attached contract with Mr. Kusunoki for the purposes of handling our administrative hearings and our parking citation process. Background Under recently enacted legislation, which takes effect January 1, 1996, Assembly Bill 1228 revises California Vehicle Code Section 40215, making it the City's responsibility to enter into a contract with the Hearing Examiner, who is currently handling our parking citations. The process, which we have had in effect since February 2, 1987, between Turbo Data and the Tustin Police Department, does not change. Turbo Data will continue to handle the entire parking citation administrative process. The only thing that the new legislation really requires is that we, the City, will be paying Mr..Kusunoki, our Hearing Examiner, directly rather than Turbo Data. The attached contract is the current contract that he has with Turbo Data modified to reflect the' City of Tustin. The City Attorney's office has reviewed the contract and it has been approved as to form. W. DOUGLAS FRANKS Chief of Police WDF'SF:et Attachment P~ROFESSI(~NAL SER. VICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 19 _, by and between the CITY OF TUSTIN, a municipal corporation (hereinal'ter referred to as "City") and Gary I. Kusunoki, an independent contractor (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, City desires to employ Contractor to furnish the necessary services for providing on-site administrative hearings for .individuals wishing to contest parking citations issued by the City; and WHEREAS, Contractor is qualified and has agreed to provide the necessary services. NOW, THEREFORE, in consideration of the mutual covenants, conditions, representations and warranties contained herein, the parties hereby agree as follows: ~ Terrrl of Contract, This Agreement will Decome effective on the date stated above and will--continue in effect for a period of one (1) year from said date. The Agreement sl~all De renewed automatically every year unless either party gives the other at least sixty (60) days written notice of its intent to terminate this Agreement. ~ Obligatione of C0ptractor. A. He~rina Proce.dures 1. Contractor shall conduct administrative hearings ("hearings") for individuals wishing to contest parking citations. At the option of the contesting individuals, Contract. or shall conduct hearings either on site (in person) or in writing. . Contractor shall audiotape each hearing. 3. Hearings shall be conducted in accordance with the provisions of California Vehicle Code Section 40215 and any other applicable state law, and City's Administrative Adjudication Guidelines Manual attached hereto as Exhibit "A" and incorporated herein by this reference. 4. Contractor shall produce a written decision following each hearing, on a form supplied by City, determining whether or not a violation has been committed. Contractor shall promptly send the decision to the contesting individual by first-class mail, with a copy sentto City. PROFESSIONAL SERVICES AGREEMENT Page 2 5. For hearings requested to be in person, Contractor shall conduct the hearing on City's premises (:luring City's regular business hours and at a date and time mutually agreed upon by both Contractor and City. Contractor shall send written notice informing the contesting individual of the day, date and time of the in-person hearing. B. Contractor shall provide such worker's compensation insurance as is necessary to fully protect Contractor and its employees under California Worker's Compensation Insurance and Safety Laws, to relieve City from all responsibility under said laws in connection with the performance of this Agreement, and upon execution of this Agreement, to file with City a certificate of said insurance. Obligations cf.City. A. City shall supply Contractor with ali necessary information pertaining to the Parking citation being contested, including but not limited to: 1. Citation number. 2. Vehicle license number. 3. Date and time issued. 4. Vehicle make and color. 5. Last four YiN numbers, if available. Month and year of expiration of registration. 7. Location of violation. '8. Code section violated and brief description (e.g. CVC 22507.8, Handicapped Parking). 9. Name and address of vehicle owner or responsible party. 10. Amount of fine. B. City shall furnish space on City's premises for use by Contractor while performing the above described services. 22484_1 PROFESSIONAL SERVICES AGREEMENT Page 3 C. City sgrees to comply with all reasonable requests of Contractor and provide all documents and forms reasonably necessary to the performance of Contractor's duties under this Agreement. D. City shall store headng tapes for 180 days after the hearing and shall perform any required transcription of those tapes. ~ C__ompen.safion. and .Paymen~t. A. City shall pay Contractor Ten ($10.00) dollars per hearing, whether written or in-person. Any additional services above and beyond the scope of work indicated above which are requested, in writing, by City, shall be compensated at the rate of Forty ($40.00) dollars per hour plus expenses. B. Unless otherwise specified, Contractor is solely responsible for ali travel 'expenses related to hearings. Any travel for additional work requested in writing by City will be billed at Thirty. ($.30) cents per mile. C. Unless otherwise specified, Contractor is solely responsible for all postage expenses related to hearings,: D. At the end of each month, Contractor shall submit to City a detailed ststement of services rendered. E. City shall pay Contractor within thirty (30) days after receiving monthly invoice. Liability_ and IPdemrlificatlon, . A. Contractor is skilled in the professional calling, necessary to perform the services and duties agreed to be performed by Contractor under this Agreement, and City relies upon the skill and knowledge of Contractor to perform said se~ices and duties in the most skillful and professional manner. Therefore, Contractor agrees to indemnify, hold harmless and defend every officer, employee and agent of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought by any person persons and from all costs and expenses of litigation brought against City, its officers, agents and employees, by reason of injury to any 'person or persons, including but not limited to officers and employees of C°ntractor, or damage, destruction or loss of property o~' any kind whatsoever and to whomsoever it may belong, including, but not limited to, that 11 22,~...1 PROFESSIONAL. SERVICES AGREEMENT Page 4 act of Contractor resulting directly or indirectly from any negligent act or omission or willful misconduct by Contractor or any person employed by Contractor in the performance of this Agreement. B. Contractor shall use due care in processing work of City but Contractor shall be responsible only to the extent of correcting any errors which are due to the equipment or personnel of Contractor, such errors shall be corrected by Contractor at no additional charge to City. Contractor shall be entitled to reimbursement from. City for any expenses incurred by Contractor for tl~ correction of any erroneous information provided by City, and Contractor shall not be responsible for City's losses and expenses resulting from erroneous source materials provided by City. C. City shall indemnify and hold harmless Contractor and its officers, direct°rs, shareholders, employees and representatives from any and all claims, clemands, liability, damages and judgments arising out of erroneous information provided by City. D. Neither Party shall be liable to the other for any indirect or consequential losses or damages. ~ Miscellaneou~ Proyisions_. A. At all times during the term of this Agreement, Contractor shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Contractor or any of his agents, servants and employees, be considered an employee or agent of the City. B. Contractor may, at his own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor uncter this Agreement. Said assistants or employees shall be under the sole control, direction and supervision of Contractor. C. Contractor certifies that there shall be no discrimination against any employee Who is employed in the work covered by this Agreement, or against any application for such employment, beCause of race. religion, color, sex or national origin incluciing, but not limited to 'employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. 11 22484_1 PROFESSIONAL SERVICES AGREEMENT Page 5 D. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested sent to: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92680 Attention: City Clerk TO CONTRACTOR: Gary Kusunoki 8 Holly Hill Lane Laguna Hills, CA 92653 Each party may change the address by written notice in accorclance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notice will be deemed communicated as of three (3) days after mailing. E. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or other,wise, have been macle by any party, or anyone acting on behalf of any party, which are not embodied herein. Any modification of the Agreement will be effective only if it is in writing signed by both parties. F. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by either party without prior written consent of the other party. G. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. H. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree to be bound by the decision rendered by the arbitrator. !. This Agreement will be governed by and construed in accordance with the laws of the State of California. 11004X3021~ 22484_I PROFESSIONAL SERVICES AGREEMENT Page 6 ~ Termirlation~ Notwithstanding any other provision of this Agreement, . either party hereto may terminate this Agreement at any time by giving sixty (60) days written notice to the other party, or earlier upon agreement by both City and Contractor. IN WITNESS WHEREOF, this Agreement was executecl by tl~e parties on the day and year first above, written. CITY OF TUSTIN, a municipal corporation By Mayor GARY KUSUNOK! By_ (Signature) (Name Printed/Title) ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney 1100-00028 22434_1