CONTRACT 5315 Service Agreement CLOSED Agreement No. 5315
AGREEMENT FOR HEARING OFFICER SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
MARK L. GROH
This AGREEMENT is entered into this W-#day of April, 2017, by and between the CITY
OF EL SEGUNDO, a municipal corporation and general law city("CITY") and MARK L. GROH,
an individual ("HEARING OFFICER"). The parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, HEARING OFFICER agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, HEARING OFFICER and CITY agree to abide by the
terms and conditions contained in this Agreement;
C, As additional consideration, CITY agrees to pay HEARING OFFICER a rate of
$20.00 per hearing, with a $240 per day minimum for HEARING OFFICER's
services, with a not-to-exceed, total amount of$25,000 per fiscal year.
2. SCOPE OF SERVICES.
A. HEARING OFFICER will serve as an administrative hearing officer/examiner for
various administrative hearings needed by the CITY for the term of this Agreement,
including, but not limited to, appeals of traffic citations as allowed by California
Vehicle Code section 40215. HEARING OFFICER will provide such services
according to a schedule mutually agreed upon the HEARING OFFICER and the
CITY. All decisions of the HEARING OFFICER must be issued in writing and
must contain findings of fact and conclusion(s) of law. Decisions must be rendered
within the time limits required by applicable laws.
B. HEARING OFFICER will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of HEARING OFFICER by this Agreement.
C, HEARING OFFICER will serve as a non-exclusive administrative hearing officer
and CITY will be free to contract for similar services to be performed by other
independent contractors.
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3. HEARING OFFICER PERFORMANCE STANDARDS. As required by state law,
HEARING OFFICER shall demonstrate those qualifications, training, and objectivity necessary
to conduct a fair and impartial review. HEARING OFFICER shall not be employed, managed, or
controlled by a person whose primary duties are parking enforcement or parking citation,
processing, collection, or issuance. HEARING OFFICER shall be separate and independent from
the CITY's citation, collection, or processing function. HEARING OFFICER has indicated to the
CITY that he meets these standards, as demonstrated by his resume, a copy of which is attached
as Exhibit A and incorporated herein by this reference.
4. PAYMENTS. For CITY to pay HEARING OFFICER as specified by this Agreement,
HEARING OFFICER must submit a detailed invoice to CITY which lists the hours worked.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to HEARING OFFICER
for current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of HEARING OFFICER services beyond the current fiscal year,this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager("Manager")may determine,at the Manager's sole discretion,
that HEARING OFFICER must perform additional work ("Additional Work") to
complete the Scope of Work. If Additional Work is needed, the Manager will give
authorization to HEARING OFFICER to perform such Additional Work.
B. If HEARING OFFICER believes Additional Work is needed to complete the Scope
of Work, HEARING OFFICER will provide the Manager with notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Any Additional Work that would cause the total amount of this Agreement to
exceed twenty-five thousand dollars ($25,000) per year must be approved by the
City Council. All Additional Work will be subject to all other terms and provisions
of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, HEARING OFFICER agrees that he has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
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B. If services involve work upon any site, HEARING OFFICER agrees that
HEARING OFFICER has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the services
hereunder. Should HEARING OFFICER discover any latent or unknown
conditions that may materially affect the performance of the services, HEARING
OFFICER will immediately inform CITY of such fact and will not proceed except
at HEARING OFFICER's own risk until written instructions are received from
CITY.
8. TERM. Unless otherwise terminated pursuant to Section 16, the term of this Agreement will
be from April 1, 2017, to April 1, 2019.
9, TIME FOR PERFORMANCE.
A. HEARING OFFICER will not perform any work under this Agreement until
HEARING OFFICER furnishes proof of insurance as required under Section 23 of
this Agreement.
B. Should HEARING OFFICER begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at HEARING
OFFICER's own risk.
10. TIME EXTENSIONS. Should HEARING OFFICER be delayed by causes beyond
HEARING OFFICER's control, CITY may grant a time extension for the completion of the
contracted services. If delay occurs, HEARING OFFICER must notify the Manager within forty-
eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay
interferes with the Agreement's schedule. The Manager will extend the completion time, when
appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits, if any.
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by HEARING OFFICER and CITY. The cost or credit to CITY resulting from changes
in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. HEARING OFFICER will provide CITY
with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. HEARING OFFICER, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
HEARING OFFICER under this Agreement will not be construed to operate as a waiver of any
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rights CITY may have under this Agreement or of any cause of action arising from HEARING
OFFICER's performance. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this Agreement, whether of the same
or different character.
16. TERMINATION.
A. CITY shall not terminate this Agreement, except for cause. For the purposes of
this Agreement, "cause" shall include: (1) failure or refusal to perform the services
described in this Agreement; (2) any material act of dishonesty; or (3) any change
in the State or Federal law that makes the HEARING OFFICER's services no
longer necessary. CITY shall not terminate this Agreement based upon the results
of the HEARING OFFICER's decisions or based on the amount of fines collected
by the HEARING OFFICER, if any.
B. By executing this document, HEARING OFFICER waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
17. CONFIDENTIALITY OF DOCUMENTS. All reports, information, data, files, and tapes
furnished or prepared by the HEARING OFFICER for the purpose of transmittal to CITY pursuant
to this Agreement are confidential. The HEARING OFFICER shall not disclose or use, for any
purpose unrelated to his official duties,nonpublic information acquired in his capacity as a hearing
officer.
18. PUBLICATION OF DOCUMENTS. No report, information, data, files, or tapes furnished
or prepared by the HEARING OFFICER, its successors or assigns shall be made available to any
individual or organization without the prior approval of the CITY.
19. INDEMNIFICATION.
A. HEARING OFFICER agrees to the following:
i, Indemnification for Professional Services. HEARING OFFICER will
save harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by HEARING
OFFICER or any of HEARING OFFICER's officers, agents,
employees, or representatives, in the performance of this Agreement,
except for such loss or damage arising from CITY's sole negligence or
willful misconduct.
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ii. Indemnification for other Damages. HEARING OFFICER agrees to
defend, indemnify, hold CITY harmless from and against any and all
liability, loss, expense (including reasonable attorneys' fees), for claims
of injury or damages that are caused by or result from the negligent or
intentional acts or omissions of the HEARING OFFICER, its officers,
agents, employees, or subcontractors.
B. For purposes of this section"CITY"includes CITY's officers,officials,employees,
agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained
by HEARING OFFICER as required by Section 23, and any approval of said
insurance by CITY, are not intended to and will not in any manner limit or qualify
the liabilities and obligations otherwise assumed by HEARING OFFICER pursuant
to this Agreement, including, without limitation, to the provisions concerning
indemnification.
20. ASSIGNABILITY. This Agreement is for HEARING OFFICER's professional services.
HEARING OFFICER's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and HEARING OFFICER agree that HEARING
OFFICER will act as an independent contractor and will have control of all work and the manner
in which is it performed. HEARING OFFICER will be free to contract for similar service to be
performed for other employers while under contract with CITY. HEARING OFFICER is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus
or similar benefits CITY provides for its employees. HEARING OFFICER will not, at any time
or in any manner, represent himself as a CITY employee. Any provision in this Agreement that
may appear to give CITY the right to direct HEARING OFFICER as to the details of doing the
work or to exercise a measure of control over the work means that HEARING OFFICER will
follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. HEARING OFFICER will maintain full and accurate records with
respect to all services and matters covered under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, HEARING OFFICER will procure and maintain the
following types of insurance with coverage limits complying, at a minimum, with
the limits set forth below:
"1°we otl'111SUrance Limits
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Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the
most recent ISO-CGL Form. The amount of insurance set forth above will be a
combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said
insurance coverage and to state that such insurance will be deemed"primary" such
that any other insurance that may be carried by CITY will be excess thereto. Such
endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or
equivalent. Such insurance will be on an"occurrence," not a"claims made," basis
and will not be cancelable or subject to reduction except upon thirty(3 0)days prior
written notice to CITY.
C. Professional liability coverage will be on an"occurrence basis" if such coverage is
available, or on a"claims made"basis if not available. When coverage is provided
on a "claims made basis," HEARING OFFICER will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover HEARING
OFFICER for all claims made by CITY arising out of any errors or omissions of
HEARING OFFICER, or its officers, employees or agents during the time this
Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00
0106 92, including symbol I (Any Auto).
E. HEARING OFFICER will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this Agreement
and such other evidence of insurance or copies of policies as may be reasonably
required by CITY from time to time. Insurance must be placed with insurers with
a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII."
F, Should HEARING OFFICER, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
HEARING OFFICER's expense and deduct the cost of such insurance from
payments due to HEARING OFFICER under this Agreement or terminate pursuant
to Section 16.
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24. USE OF SUBCONTRACTORS. HEARING OFFICER must obtain CITY's prior written
approval to use any subcontractors while performing any portion of this Agreement. Such
approval must approve of the proposed subcontractor and the terms of compensation.
25. NOTICES. All communications to either party by the other party will be deemed made when
received by such party at its respective name and address as follows:
If to HEARING OFFICER: If to CITY:
Mark L. Groh City of El Segundo
5481 Vallecito Avenue Attn: City Manager
Westminster, CA 92683 350 Main Street
kltiirk�e, hmikm (m;row xom El Segundo, CA 90245-3813
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances,notices will be deemed given at the time of actual
delivery. Changes may be made in the names or addresses of persons to whom notices are to be
given by giving notice in the manner prescribed in this paragraph.
26. CONFLICT OF INTEREST. HEARING OFFICER will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. SOLICITATION. HEARING OFFICER maintains and warrants that it has not employed nor
retained any company or person, other than HEARING OFFICER's bona fide employee,to solicit
or secure this Agreement. Further, HEARING OFFICER warrants that it has not paid nor has it
agreed to pay any company or person,other than HEARING OFFICER's bona fide employee, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. Should HEARING OFFICER breach or
violate this warranty, CITY may rescind this Agreement without liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally
for the exclusive benefit of HEARING OFFICER and CITY and not for the benefit of any other
party. There will be no incidental or other beneficiaries of any of HEARING OFFICER's or
CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
30. COMPLIANCE WITH LAW. HEARING OFFICER agrees to comply with all federal,state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties.
There are no other understandings,terms or other agreements expressed or implied,oral or written.
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This Agreement will bind and inure to the benefit of the parties to this Agreement and any
subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a
whole, and in accordance with its fair meaning, it will not be interpreted strictly for or against
either Party.
33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable,then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action
has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage
in the actions described herein. This Agreement may be modified by written amendment. CITY's
executive manager, or designee,may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be entered into in
connection with this Agreement will be considered signed when the signature of a parry is
delivered by electronic mail. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
[Signatures on next page]
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Agreement No. 5315
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
FEL >,-4j(UJNJ)0 HEARING OFFICER
/ap�p�
Greg eiiter Mark L. Groh
ic"1,1�1 1 er ,
1tv
C ,11ager
ATTEST:
d'97A-f Taxpayer ID No. 485-56-1735
City"Clerk
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
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Agreement No. 5315
EX"HIll"31T "A"
1 Agreement No. 5315
Mark L. Groh
Independent Hearing Officer
.0 :, Parking — Administrative Municipal Code - False Alarm Billing
Education, Training and Experience required under A Y C '1021!j
• Hearing Examiner Course-California Public Parking Association (2009 &2012)
• Member of California Public Parking Association
• Administration of Justice Degree-Golden West College
California P.O.S.T. approved Police Academy
• Supervisory Certificate - California Peace Officers Standards and Training
• Verbal Judo Training- 16 hour course, Dr. George Thompson, Creator/Instructor
E mDlovnnent and Related Experience:
• Sergeant-Westminster California Police Department(Retired)
• Traffic Investigator - 14 years - Daily interaction with the Civilian Parking Control
Supervisor for training and mentoring on parking and municipal code enforcement
• Initiated and completed the staff study leading to civilian processing of parking
citations for the City of Westminster
• Negotiated and implemented the City's first citation processing contract
• Liaison to the Westminster City Code Enforcement Bureau- 8 years
• Liaison and advisor to the Westminster Traffic Commission including monthly public
hearings - 14 years
• Patrol Sergeant-16 years - Supervision, and mentoring of patrol officers on
all facets of law enforcement including criminal,vehicle code,parking and municipal
code enforcement
• Traffic Sergeant-4 years - Supervision and mentoring of traffic personnel including
the civilian Parking Control Supervisor
• Independent Hearing Examiner- September 2009 to present
Background and experience conducting administrative hearings.
I started my business as an independent hearing officer after retirement from Westminster
Police Department in 2009. I currently conduct parking and administrative hearings for
cities, community colleges and state universities.
5481 Vallecito Ave.,Westminster, CA 92683 Email:mark @markgroh.com Cell:714.746.9164
Agreement No. 5315
Mark L. Groff
w
independent Hearing Examiner
Parking - Administrative - False Alarm Billing
Irvine Police Dept. 949-724-7037 Heidi Falsetto, Parking Supervisor
UCI Medical Center 714-456-6450 Israel Garcia, Parking and Transportation
Westminster Code Enforcement 714-548-3478 Vicki Morgan, Code Enforcement Supervisor
Westminster Police Department 714-548-3824 Marc Contreras, Police Records Manager
Santa Ana Police Department 714-245-8225 Yolanda Bautista, Parking Supervisor
City of Long Beach 562-570-5251 Kimberly Taylor, Supervisor/ Parking Citations
City of Bellflower 562-925-0124 Joel Hockman, Director of Public Safety
City of Lakewood 562-964-4735 Sonya Radziuk, Parking Control Lead
Huntington Beach Police 714-536-5656 Debra Pinkham, Records Supervisor
City of Garden Grove 714-741-5372 Parking Compliance Administrator
Manhattan Beach Police Dept. 310-802-516o Shirley De La Concha, Police Admin Clerk
Cal State University Fullerton 657-278-7240 Monica Chavez, Parking and Transportation
Cal State University Long Beach 562-985-1473 Amy Gerety, Operations Manager
Parking and Transportation Services
Cal State University North Ridge 818-667-2113 Virginia Metcalf,Administrative Assistant
California State University 909-537-592o Grace Munyiri,Administrative Analyst
San Bernardino Parking and Transportation
University of California Riverside 951-827-1296 Paul Murie,Adjudication/Parking Manager
University of California Irvine 949-824-0035 Dina Ochoa,Interim Associate Director
Transportation and Distribution Services
Riverside Community College 951-222-8522 April Morris, Office of Parking Services
Pasadena City College 626-585-7441 Christine Cooper,Administrative Review
5481 Vallecito Ave.,Westminster,CA 92683 Email: mark @markgroh.com Cell: 714.746.9164