Loading...
HomeMy WebLinkAboutAGMT - Robin C. Zur Schmiede (Hearing Officer Services) EA1 6 ° nN;iF4gyt \a CITY FFAi l 211 LI( I1TEI STREET SEAL I3LACFI.CALIFORNIA,40740 (562)431-252?•u°■ti�csealb:.achca.go REDEWED January 22, 2014 JAN 21 2014 VIA ELECTRONIC MAIL & U. S. MAIL eily Mo s Offjets Robin C. Zur Schmiede 515 Oak Street Laguna Beach, California 92651 rczurschmiede@me.com Re: Hearing Officer Services for the City of Seal Beach Dear Ms. Zur Schmiede: I am pleased to accept your proposal to provide Hearing Officer Services to the City of Seal Beach ("City"). This letter agreement ("Agreement") shall memorialize the scope, fees and other terms of under which you("Consultant")will provide these services to the City. TERM. This term of this Agreement shall commence as of February 1, 2014 and shall continue until the later occurrence of January 31, 2015 or the date Consultant renders her final decision on the City's behalf in any proceeding begun before January 31, 2015. SERVICES. Consultant shall act as a Hearing Officer for the City, and in that capacity conduct hearings and render decisions on the City's behalf in conformance with state, federal, and local law. Consultant shall at all times faithfully, competently and to the best of her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant in fulfilling its obligations under this Agreement. INDEPENDENCE OF HEARING OFFICER. In every matter to which Consultant is assigned to hold a hearing and render a decision, Consultant shall be independent and render her decision without any influence from any City employee or official, whether employed, elected, or appointed. Consultant's compensation shall in no way depend upon the outcome of any decision rendered by Consultant, nor shall future compensation or the availability of future or further employment be contingent upon the outcome of one or more decision. Following the expiration of this Agreement, Consultant shall be ineligible to serve as the City's Hearing Officer for a period of one year. Robin C. Zur Schmiede • January 22, 2014 Page 2 PAYMENT. City will pay Consultant upon invoice submitted to the address above at a rate of $160 per hour to prepare for and attend hearings. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. INDEPENDENT CONTRACTOR. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. ASSIGNMENT. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Ms. Zur Schmiede shall act as the City's hearing officer under this Agreement. GOVERNING LAW; LITIGATION; ATTORNEY FEES. The laws of the State of California shall govern the interpretation of this Agreement and the rights, obligations, duties and liabilities of the parties thereunder. In the event litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing Court's judgment, shall be entitled to its actual attorney fees and litigation expenses or the relief granted. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Robin C. Zur Schmiede January 22,2014 Page 3 If you agree to the terms set forth herein, please sign and date this letter in the space provided below and return the original to me as soon as possible. Very truly yours, ,41111111:: e . ill R. Ingram City Manager APPROVED AND AGREED TO: Dated• ,2014 By: 110 �:' ,n Rob' . Z Schmiede