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Home My WebLink About25C - AGMT - CONDUCT ADMIN HEARINGSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 15, 2013 TITLE: AGREEMENT FOR NORMAN KNISPEL TO CONDUCT ADMINISTSRATIVE HEARINGS C Y AGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement With Norman Knispel, subject to non-substantive changes approved by the City Manager and City Attorney, to provide administrative hearing services, in an amount not to exceed $20,000. DISCUSSION The Santa Ana Police Department issues administrative citations in lieu of criminal citations for certain municipal code violations. Pursuant to Santa Ana Municipal Code 1-21.8 (Appeal of the administrative citation); those citizens receiving an administrative citation have a right to an administrative hearing. The City of Santa Ana has an existing agreement with Norman Knispel (No. N-2011-051) and he has been conducting these hearings for the police department since May 1St, 2011. Staff recommends extending the existing agreement with Normal Knispel for an additional one-year term. FISCAL IMPACT Funds are available in the Santa Ana Police Department Patrol Budget (No. 01114420-62300) Chief Carlos Rojas Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: X?N C' Francisco Gutierrez Executive Director Finance and Management Services Agenc:. Y _ Exhibit 1. Second Amendment 2. Agreement (No. N-2011-051) 3. First amendment to agreement (No. N-2011-051-001) 25C-1 25C-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on May 1, 2013, by and between Norman Knispel ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into an Agreement #N-2011-051, dated April 20, 2011, (hereinafter "said Agreement") by which Contractor has provided administrative hearing officer services for the Police Department. B. The parties entered into a First Amendment to Agreement # N-2011-051-001 dated March 29, 2012 wherein the term of the Agreement was extended for an additional one (1) year and the compensation was extended for an amount not to exceed $20,000 to pay for the additional term. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the Agreement for another one (1) year term and increase the compensation to pay for services provided during that extension of the term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: Section 2.A, COMPENSATION, shall be amended to increase the compensation by an amount not to exceed $20,000.00 to pay for additional services provided during the extended term of this Agreement. 2. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one (1) year period through May 1, 2014. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25C-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CONTRACTOR By: Laura A. Rossini Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Acting Chief of Police Norman Knispel 25C-4 N -2011-051-001 WC required if consultant has employees. X012 Q P"Vkce C-n APR 1 1 ?? +K6 aOWY FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into this 11 day of h'I 79k C° )? , 2012, by and between Norman Knispel (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. City and Contractor entered into Agreement rrN-2011-051, dated April 20, 2011, by which Contractor has provided professional administrative hearing services (hereinafter "said Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to extend the term of said Agreement for an additional one-year period and increase compensation to pay for additional services during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2, COMPENSATION, the relevant portion of subsection (a) shall be amended to increase the compensation by an amount not to,exceed $20.000.00 to pay for additional services provided during the extended term of this Agreement. 2. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one-year period through May 1, 2013. Except as hereinabove modified, all terms ane conditions of said Agreement shall remain in full force and effect. 25C-5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the day and year first above written, ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR- PAUL M. WALTERS 14) Clerk of the Council Interim City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY NORMAN KNISPEL By: ?- Tere . Judd Assistant City Attorne 2 25C-6 WC required if consultant has N-2011-051 employees MAY2-201 LoY i rown e I CONTRACTOR AGREEMENT (Ivor ryT n Knlsp THIS AGREEMENT, made and entered into this a day of A Pti J 4- , 20l 1, by and between Norman Knispel (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of arbitration and mediation to provide professional administrative hearing services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, .ontractor represents that he is knowledgeable in the field and that any service: performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fern in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor will provide professional Administrative Hearing services for the City of Santa Ana, as set forth in Exhibit A. 'Any services performed by Contractor prior to the date of execution of this Agreement shall be included within the Scope of Services of this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $20,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of a proper invoice evidencing work performed, subject to City accounti-.$ procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals that may be reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate o i May 1, 2012, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 25C-7 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an emp.'oyer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of the services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Contractor's acts of negligence or willful misconduct in the performance of this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or propri^tary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses 0 n:,,teet its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to 25C-8 any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: City of Santa Ana Police Department Attention: Corporal James Geist 60 Civic Center Plaza P.O. Box 1981 Santa Ana, California 92702 telefacsimile (714) 245-8701 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714-647-651 5 To Contractor: Norman Knispel 1921 Sherry Lane # 111 Santa Ana, California 92705 telefacsimile 714-558-9013 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission 25C-9 report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any.attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by'an authorized represQntative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shaii t,ot bind or obligate Contractor nor the City. Each party to this Agreement acknowledges ths. no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive '•3;, ..:.;:or may require Contractor to deliver to the City any written Findings and Determination for any case in which Contractor has served as a•hearing officer, and in such case such Findings and Determination shall be the property of City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited 25C-10 by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by'the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or mairt-;*^ such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause foi termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature, hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, sold shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25C-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: OFFIC THE CITY!! ATTORNEY Teresa . Judd Assistant City Attorney CONTRACTOR n N RMAN KNISPEL Tax ID# S io 7 - S W- G,/-? 17 RECOMMENDED FOR APPROVAL: -6L?'- PAUL M. WALTERS Chief of Police 25C-12 EXHIBIT A SCOPE OF SERVICES 1. Consultant shall serve as a hearing officer at administrative citation hears involving Alternate Abatement Proceeding, Animal Citations, Recreations, Parks and Playgrounds, and Crimes and Miscellaneous law Enforcement Provisions at times set by mutual agreement of Consultant and City. A. Consultant shall conduct Building and Zoning violation hearings pursuant to the Alternative Abatement Proceeding, in accorda-ic.: •..,ith Article VII (commencing with section 17-100) of Chapter 17 of the Santa An i Municipal Code ("SAMC") B. Consultant shall conduct hearings regarding violations of SAMC Chapter 5, ANIMALS, in accordance with Chapter 3 (commencing with Section 3-1) of the SAMC. C. Consultant shall conduct hearings regarding violations of SAMC Chapter 31, PARKS, RECREATIONS and PLAYGROUNDS, in accordance with Chapter 3 (commencing with Section 3-1) of the SAMC. D. Consultant shall conduct hearings regarding violations of SAMC Chapter 10, CRIMES and MISCELLANEOUS LAW ENFORCEMENT, in accordance with Chapter 3 (commencing with Section 3-1) of the SAMC. 2. Hearings shall be conducted at offices located in City facilities or at such alternative location as may be mutually agreed by the Consultant and City. Said hearings shall be held during normal working hours at times designated by the Consultant. COMPENSATION Consultant agrees to accept as total payment for his services, compensation at the rate of $75 per hearing if only one hearing is conducted and $50 per hearing if multiple hearings are conducted. The total annual sum payable pursuant to the agreement shall not exceed Twenty Thousand Dollars ($20,000) annually, during the term of his agreemen* 25C-13 25C-14