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73-5�o FRED WARING DRIVE
PALM DESERT, CALIFORNIA 922fi0-25']H
TEL: �60 346—o6�i
Ftvc: 760 340-0574
infoC�pal m-desert.o rg
." ;: ptast 25, 2008
Mr. Rick E. Lebei
321 Durango '
Palm Desert, California 92260
�^�" 5��:-�ebe+:-- ���.� .
Subject: Contract No. C27680 — Hearinq Examiner to Conduct
Administrative Review Hearinps for Contested Non-movinq
Parkin� Citations and Animal Control Hearinqs to Complv With
the Enacted ReQuirements of California State Assemblv
Bill No. 408
Enclosed is a copy of the fully executed Agreement for your records. If you have any
questions or require any additional information, please do not hesitate to contact us.
Sincerely,
� �
RACHELLE D. KLASSEN, CMC
:: , : ��:LERK
RDK:mgm
F�^losure �s noted)
. �ode Compliance Department
Finance Department
� '+iMif00M0.E(1(IIDPAIFI
CONTRACT NO. C28070
BUSINESS CONTRACT FOR HEARING EXAMINER
THIS AGREEMENT ("Agreement") is made and entered into this 14th day of
August , 2008, by the City of Palm Desert, California, municipal
corporations (hereinafter collectively referred to as the "City") and Rick E. Lebel
("hereinafter"Hearing Examiner").
The parties enter into this Agreement with reference to the following facts:
RECITALS
A. WHEREAS, the City desire to comply with the enacted requirements of
California State Assembly Bill No. 408 by designating a "Nearing Examiner" to
conduct administrative review hearings for contested non-moving parking
citations and animal control hearings.
B. WHEREAS, it is in the best interest of the City that this contract be executed
in order to assure the orderly and uniform hearing of contested non-moving
parking citations and animal control hearings.
C. WHEREAS, the Hearing Examiner has agreed to conduct administrative
review hearings for contested non-moving parking citations and animal
control hearings on behalf of the City.
NOW, THEREFORE, in consideration of the mutual promises, agreements,
and convenants contained herein, and for other good and valuable
consideration, the parties agree as follows:
1. Hearins� Examiner Ris�hts and Authoritv. The City grant to the Hearing
Examiner the right and authority to hear and dispose of all contested
cases involving violations of the California Vehicle Code and the Municipal
Codes of the City relating to non-moving parking violations and animal
control hearings within the jurisdiction of the City.
2. Hearinq Schedules. The Hearing Examiner agrees to conduct the
administrative review hearings on the second and fourth Wednesday's of
each month commencing at 10:00 a.m. The hearing shall be held at the
City of Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California. The Hearing Officer shall not change the scheduled dates and
times of the hearings without the express written consent of a majority of
the City.
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! CONTRACT NO. C28070
3. Alternate Hearin� Examiner. The Hearing Examiner shall provide a
qualified alternate to conduct hearings in the event that the hearing
Examiner is unable to attend due to an excused absence.
4. Term of Contract. This contract shall be for a period of one (1) year from
the date of execution. This contract shall be automatically renewed from
year-to-year, unless, a majority of the City, or the Hearing Examiner, gives
the other party ninety (90) days' written notice of intent to terminate on the
termination date. Notwithstanding the foregoing, the City may terminate
this contract with our without cause, upon ninety (90) days' written notice
delivered by certified mail at the address designated herein for notice.
5. Hearin� Performance. The Hearing Examiner agrees to hear and
dispose of all contested cases involving violations of the California Vehicle
Code and the Municipal Codes of the City relating tQ non-moving parking
violations and animal control hearings which occur within the jurisdiction of
the City. Such hearings will be conducted in person on the dates
indicated in paragraph 2 of this Agreement or by correspondence at the
request of the contesting party. The Hearing Examiner agrees that he/she
will use his/her best efforts to insure that the administrative review
hearings are conducted in a fair, impartial and professional manner.
The Hearing Examiner shall conduct the hearings in accordance with the
written procedures provided by the City.
The Hearing Examiner shall notify the contesting party of his or her
decision at the conclusion of the hearing or by first class mail within thirty
(30) days of the hearing.
6. Miscellaneous Provisions.
6.1 Incoraoration of Recitals. Each of the Recitals appearing above is
incorporated and made a part of this Agreement by reference.
6.2 Severabilitv. In the event that any provision of this Agreement shalt be
held to be invalid, the same shall not affect, in any respect whatsoever,
the validity of the remainder of this Agreement.
6.3 Assianabilitv of Ris�hts or Duties. The Hearing Examiner shall not
assign its rights or duties or any interest it may have under this
Agreement.
6.4 Notices. Unless otherwise provided herein, any notice, tender or
delivery to be given hereunder by either party to the other may be
effected by certified mail, postage prepaid, return receipt requested,
and shall be deemed communicated on the date of delivery as
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CONTRACT NO. C28070
indicated on the return receipt. Mailed notices shall be addressed as
set forth below, but each party may change its address by written
notice in accordance with this paragraph:
City: O�ce of the Code Compliance Division
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Hearing Examiner: Rick E. Lebel, 321 Durango, Palm Desert,
California 92260
6.5 Entire A�reement. This instrument contains the entire agreement
between the parties relating to the rights and duties of the parties. This
Agreement supersedes any and all prior agreements between the
parties, oral or written, and any and all amendments thereto relating to
the subject matter of this Agreement: Any oral representations or
modifications concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing signed by all of the
parties.
6.6 Attornevs' Fees. In the event of any litigation befinreen the parties
hereto arising out of or relating to this Agreement or the breach or
enforcement thereof, the prevailing party shall be entitled, in addition
to such other relief as may be granted, to a reasonable sum as and for
attorneys' fees in such action.
6.7 Governin� Law. This Agreement is entered into in the State of
California, and shall be governed under the laws of this State.
6.8 Waiver. Any waiver of a breach of any covenant, condition or promise
of this Agreement shall not be deemed a waiver of any succeeding
breach of the same or of any other covenant, condition or promises of
this Agreement. No waiver shall be deemed to have been given
unless given in writing and in compliance with the "notices" paragraph
set forth above.
�.9 Caations. The various section and paragraph headings are inserted
for convenience only, and shall not affect the meaning or interpretation
of this Agreement or any section hereof.
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.� CONTRACT NO. C28070
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement and made it effective as of the date indicated below.
Executed this �r day of 2008.
CITY OF PALM DESERT
By: _.
Carlos Ortega, City Manag�r
ATTEST:
Ci Clerk o Palm Desert .
HEARING EXAMINER
By: c.� �
For: �� ��� -/�v'D�vt QaJ'�f�C- —
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calif ia
, �VP,�''S�'G��
Co�nty of
On • �� �� before me, � � � ,
Date ere Insert N and Title of the r
personally appeared � Lk �' ��'�'�` Neme(s)of Slgner(s)
�
who proved to e on the basis of satisfactory evidence to
be the persor�whose nam are subscribed to the
within instrument and ac�edged to me that
t�she/they executed the same iR�j�(her/their authorized
' �� SONIA HIGUERA �pacity�}�f; and that b�his/herRheir signature�(!E'jon the
� '"�' Commfsaion # 17695b3 instrument the person� or the entity upon behalf of
< -e;�" � Noiary Publlc -Ccllfornla � which the person�a ed, executed the instrument.
� �• Rlverolde County
�N�«�•�SeP21.�» I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and ect.
WITNES hand and 'cial seal.
Signat
Plece Nofery Seal Above , re of NWary Pudb
OPTIONAL
Though the information below is not requlred by law,it may prove valuab/e to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached ocument
r;r,� �,�Type of Document: ar In ' `�t 1�'1 r'�Q�
Document Date: Z �� Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(ies) C by Signer.(
Signer's Nam • � Signer's Name:
�Individual ❑ Individual
^, ��rporate Officer—Title(s): ❑Corporate Officer—Title(s):
, ,<�er—O Limited ❑ General . ❑Partner—O Limited � General , .,,
❑ Attorney in Fact ❑Attorney in Fact
0 Trustee rop ot thumb nere p Trustee Top of thumb here
^3;-+rdian or Conservator ❑Guardian or Conservator
., � ' ❑Other:
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Sign�e�r�Is�R�e�p�resen i�ng/: , Sig�ier Is Representing:
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02007 Netional Notery Aseodetlon•9350 De Soto Ave.,P.Q Bax 2402•ChelBwoAh.CA 91313�2402•www.NetlonaN�blary.org IMm�/5907 Heorder:Cetl ToN-Free 1-800-878-6827