HomeMy WebLinkAboutHearing Officer Agreement - T. Campagne 12.12.23.pdf 1 HEARING OFFICER SERVICES AGREEMENT
2 This agreement is dated /2 /-:2 o���.�_and is between Thomas E. Campagne,
3 an individual and a resident of Fresno, California ("Contractor"), and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 The County requires the services of a hearing officer as provided in California
6 Government Code, Title 3, Division 2, Part 3, Chapter 14 (beginning with section 27720)and
7 Ordinance Code of Fresno County ("Ordinance Code") Chapter 2.81, to conduct administrative
8 hearings.
9 The Contractor represents to the County that the Contractor is competent to provide
10 such services, and is ready, willing, and able to provide those services, subject to the terms of
11 this agreement.
12 The parties therefore agree as follows:
13 Article 1
14 Appointment
15 1.1 The County Administrative Officer ("CAO") hereby appoints the Contractor to serve
16 as a hearing officer for the County as provided in California Government Code, Title 3, Division
17 2, Part 3, Chapter 14 (beginning with section 27720) and Ordinance Code Chapter 2.81,
18 specifically section 2.81.050(C), and subject to the terms of this agreement.
19 Article 2
20 Contractor's Obligations
21 2.1 The Contractor shall serve as a hearing officer for the County as provided in
22 California Government Code, Title 3, Division 2, Part 3, Chapter 14 (beginning with section
23 27720) and Ordinance Code Chapter 2.81, and subject to the terms of this agreement.
24 2.2 Conduct of Hearings. When assigned matters by the CAO for hearing, the
25 Contractor shall preside over and timely conduct each hearing in a fair and impartial manner in
26 the hearing room provided by the County, administer oaths, receive oral and documentary
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1 evidence as the trier of fact, and rule on the admissibility of evidence and upon questions of law.
2 The Contractor shall cause an audio recording of each hearing to be made using equipment
3 provided by the County under section 4.2 of this agreement. Time is of the essence for the
4 Contractor's obligations under this section 2.2.
5 2.3 Service on Panel. The Contractor acknowledges that, as provided by the Ordinance
6 Code or other applicable legal authority, the CAO may assign the Contractor to hear matters
7 including, but not limited to appeals on a panel with other hearing officers.
8 2.4 Decisions and Orders.The Contractor shall prepare all decisions and orders
9 necessary to matters before the Contractor for hearing. After hearing on each matter,the
10 Contractor shall render a written decision, including any findings or conclusions of law required
11 for the decision, and submit the decision to the Clerk of the Board of Supervisors. The
12 Contractor shall render each written decision within the time specified in the applicable statute
13 or ordinance governing the hearing, or within 30 calendar days from the closing of the record if
14 no time is specified elsewhere, except that if either party before or during a hearing requests an
15 expedited decision, the Contractor shall endeavor to issue that decision within five business
16 days from the closing of the record. Time is of the essence for the Contractor's obligations
17 under this section 2.4.
18 2.5 Maintenance and Ownership of Records.
19 (A) The Contractor shall maintain the file provided by the CAO upon assignment of a
20 matter, and shall maintain all documents produced in the course of hearing the matter
21 (including but not limited to the Contractor's correspondence with the parties, and
22 documentary evidence produced by the parties), until that matter is final. Upon finality of
23 a matter, the Contractor shall return all such documents to the CAO and shall not keep
24 copies of any such documents. If the Contractor has electronic versions of such
25 documents, the Contractor shall delete them concurrently with returning documents to
26 the CAO under this section 2.5.
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1 (B) All documents received or prepared by the Contractor in connection with matters
2 before the Contractor for hearing under this agreement are the property of the County.
3 To the extent those documents might be subject to the deliberative process privilege or
4 any other privilege against disclosure, the County reserves the sole right to assert those
5 privileges.
6 (C) Notwithstanding anything else in this section 2.5, the Contractor may create and
7 maintain documents in the form of templates, notes, and memoranda for the purpose of
8 enhancing the efficiency of the Contractor's provision of services under this agreement.
9 The Contractor acknowledges that such documents might be subject to disclosure as
10 provided in section 11.3 of this agreement, relating to the California Public Records Act.
11 (D) For purposes of this section 2.5, "documents" has the same meaning as
12 "writings" under California Evidence Code section 250.
13 2.6 Maintenance of Qualifications.
14 (A) Continuously during the term of this agreement, the Contractor shall maintain:
15 (1) The qualifications stated in California Government Code section 27724, as
16 that section may be amended;
17 (2) An active license to practice law in the State of California; and
18 (3) Any other qualifications required under section 2.81.050 of the Ordinance
19 Code, as that section may be amended.
20 (B) The Contractor shall notify the CAO immediately of any failure by the Contractor
21 to maintain the qualifications listed in paragraph (A) of this section 2.6.
22 (C)The Contractor acknowledges that failure to maintain the qualifications listed in
23 paragraph (A) of this section 2.6 is cause for revocation of the Contractor's appointment
24 to serve as a hearing officer under Ordinance Code section 2.18.050(C) and is a failure
25 to comply with a part of this agreement for purposes of section 7.3 of this agreement,
26 relating to termination for breach.
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1 2.7 Ethics. The Contractor shall comply with Canon 6D of the California Code of Judicial
2 Ethics as though the Contractor were a "temporary judge" as that term is defined in the
3 California Code of Judicial Ethics. If there is any conflict between the terms of Canon 6D and
4 the terms of this agreement, the stricter rule applies.
5 2.8 Independent Judgment.The Contractor shall exercise independent, impartial
6 judgement in deciding all matters before the Contractor for hearing under this agreement. I n
7 deciding such matters, the Contractor shall not take direction from the CAO, the Board of
8 Supervisors, any member of the Board of Supervisors, any County department head, or any
9 other person. The Contractor may consider legal arguments presented by the Office of the
10 County Counsel on behalf of a County department in connection with a matter that is before the
11 Contractor for hearing, and may request the parties in such a matter to submit legal arguments,
12 but the Contractor shall not otherwise seek legal advice from the Office of the County Counsel
13 on any matter that is before the Contractor for hearing.
14 2.9 Conflicts of Interest. The Contractor shall not do any of the following:
15 (A) Decide any matter in which the Contractor is interested directly or indirectly.
16 (B) Receive any commission, money, or thing of value, or derive any profit, benefit,
17 or advantage, directly or indirectly, from or by reason of the Contractor's provision of
18 services under this agreement, except for the compensation paid by the County under
19 article 4 of this agreement.
20 (C) Be financially interested in any matter before the Contractor for hearing under
21 this agreement.
22 (D) Represent any firm, organization, or person that is in litigation with the County or
23 any of its agents.
24 (E) Represent or perform work for any clients that do business with the County.
25 (F) Be employed by any firm, organization, or person that is in litigation with the
26 County or any of its agents, that represents any person in litigation with the County or
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I any of its agents, or that represents or performs work for clients that do business with
2 the County.
3 (G)Employ or retain the services of any County employee or any person who is a
4 member of any County commission, board, committee, or similar County body.
5 2.10 Voluntary Disqualification. The Contractor shall voluntarily disqualify themselves
6 and withdraw from any matter in which there are grounds for disqualification, as provided in
7 Ordinance Code section 2,81.070.
8 2.11 Compliance with Laws and Regulations. In the provision of services under this
9 agreement, the Contractor shall, at the Contractor's sole cost, comply with all applicable federal,
10 state, and local laws and regulations, and professional rules, including but not limited to the
11 State Bar of California Rules of Professional Conduct, the provisions of the California Political
12 Reform Act relating to conflicts of interest (California Government Code, Title 9, Chapter 7,
13 Article 1 (beginning with section 87100)), the regulations of the Fair Political Practices
14 Commission relating to conflicts of interest (California Code of Regulations, Title 2, Division 6,
15 Chapter 7 (beginning with section 18700)), and the County's Conflict of Interest Code. The
16 Contractor shall comply with any rules of procedure established under Ordinance Code section
17 2.81.120.
18 2.12 Disclosure of Economic Interests. The Contractor is required to file a Statement of
19 Economic Interests, Form 700, which is a public document, and shall disclose to the extent
20 required under the conflict of interest code for contracted hearing officers under the County
21 Administrative Office.
22 2.13 No Other Services to County. The Contractor shall not provide services to the
23 County except those of a hearing officer under this agreement.
24 2.14 Use of County Property. The Contractor shall not use County premises, property
25 (including equipment, instruments, and supplies), or personnel for any purpose other than the
26 performance of the Contractor's obligations under this agreement. The Contractor shall not have
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1 access to the County's intranet under this agreement, or access to the Internet through County
2 systems, and shall not receive a County computer, a County email address, or any data storage
3 space on County computers.
4 2.15 Not Attorney to County. The Contractor is not an attorney for or legal advisor to the
5 County.
6 Article 3
7 Contractor's Representations, Warranties, and Acknowledgments
8 3.1 The Contractor represents and warrants that:
9 (A) The Contractor is qualified and competent to perform the duties of hearing officer
10 under California Government Code sections 27720 and following, under Ordinance
11 Code Chapter 2.81, and under the terms of this agreement.
12 (B) The Contractor has the qualifications stated in California Government Code
13 section 27724.
14 (C)The Contractor has an active license to practice law in the State of California.
15 (D)The Contractor is not in litigation with the County or any of its agents.
16 (E) The Contractor does not represent any firm, organization, or person that is in
17 litigation with the County or any of its agents.
18 (F) The Contractor does not represent or perform work for any clients that do
19 business with the County.
20 (G)The Contractor is not employed by any firm, organization, or person that is in
21 litigation with the County or any of its agents,that represents any person in litigation with
22 the County or any of its agents, or that represents or performs work for clients that do
23 business with the County.
24 (H) The Contractor does not employ or retain the services of any County employee
25 or any person who is a member of any County commission, board, committee, or similar
26 County body.
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1 3.2 The Contractor acknowledges that the Contractor is responsible to provide the
2 Contractor's own office space, office supplies, and office equipment as might be necessary to
3 provide services under this agreement, except as provided in section 4.2 of this agreement.
4 3.3 The Contractor acknowledges that the County makes no guarantee that the
5 Contractor will be assigned a minimum number of matters.
6 Article 4
7 County's Obligations
8 4.1 Assignment of Matters. The CAO shall assign matters to the Contractor for hearing
9 as provided in Ordinance Code Chapter 2.81. For each matter assigned to the Contractor,the
10 CAO shall provide a file to the Contractor containing the documents giving rise to the matter.
11 4.2 Hearing Room and Equipment. The County shall provide a room for each hearing
12 under this agreement. The County shall provide all equipment needed for hearings, including
13 but not limited to equipment for recording, hearing assistance, and audio-visual presentation,
14 and shall ensure that such equipment is in working order for hearings.
15 4.3 Staff. The CAO shall provide staff to the office of the county hearing officer as
16 provided in the Ordinance Code, section 2.81.130.
17 4.4 No Office Space or Equipment. Except as provided in section 4.2 of this
18 agreement, the County has no obligation under this agreement to provide office space, office
19 supplies, or office equipment to the Contractor.
20 4.5 No Guarantee of Minimum Number of Matters. The County makes no guarantee
21 that the Contractor will be assigned a minimum number of matters.
22 Article 5
23 Compensation, Invoices, and Payments
24 5.1 Hourly Rates, The County agrees to pay, and the Contractor agrees to receive, as
25 compensation for services under this agreement$225 per hour for the Contractor's preparation,
26 conducting of hearings, and rendering of written decisions as required by this agreement.The
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1 hourly rate includes overhead expenses, such as secretarial, telephone, photocopy, computer,
2 printer, Internet, legal research, postage, supplies, and related costs.
3 5.2 Travel and Accommodations.The Contractor shall not bill and the County will not
4 pay for the Contractor's travel time or mileage.
5 5.3 Maximum Compensation. The maximum compensation payable to the Contractor
6 under this agreement shall not exceed $100,000 per year not to exceed $400,000 for the term
7 of the appointment.
8 5.4 Compensation Not Contingent on Hearing Outcome. Compensation payable
9 under this agreement is not contingent upon the outcome in any matter that comes before the
10 Contractor for hearing.
11 5.5 No Minimum Compensation. There is no minimum compensation payable under
12 this agreement.
13 5.6 Invoices. The Contractor shall submit monthly invoices to the CAO in the manner
14 provided in article 6 of this agreement, relating to notices. Each invoice shall be submitted by
15 the 15th day of the month after the month in which the Contractor rendered the services listed on
16 the invoice. Each invoice shall accurately reflect the tasks performed by Contractor under this
17 agreement, and shall include, but not be limited to:
18 (A) The specific nature of each task that the Contractor performed, including
19 identifying the matter by number, and stating whether the task was part of preparation
20 for a hearing, conducting a hearing, conducting legal research, or preparing a written
21 decision;
22 (B) The number of hours that the Contractor spent on each task, in tenths (0.1) of an
23 hour;
24 (C)The hourly rate specified in section 5.1 of this agreement; and
25 (D)The dollar amount product of items (B) and (C)for each task
26
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1 5.7 Payment. The County will issue a check to pay each complete and timely-submitted
2 invoice within 30 days after receipt of the invoice, except that the County may withhold payment
3 if the Contractor is failing to render timely written decisions or orders as required by section 2.4
4 of this agreement.
5 Article 6
6 Notices
7 6.1 Contact Information. The persons and their addresses having authority to give and
8 receive notices provided for or permitted under this agreement include the following:
9 For the County:
Fresno CAO
10 County Administrative Office
County of Fresno
11 2281 Tulare Street, Suite 304
Fresno, California 93721
12 fresnocao@fresnocountyca.gov
13 For the Contractor:
Thomas E. Campagne
14 Law Firm of Campagne & Campagne
Airport Office Center
15 1685 N. Helm
Fresno, CA 93727
16 Email: tampagne Dcampamelaw.com
17
6.2 Change of Contact Information. Either party may change the information in section
18
6.1 of this agreement by giving notice as provided in section 6.3 of this agreement.
19
6.3 Method of Delivery.All notices between the County and the Contractor provided for
20
or permitted under this agreement must be in writing and delivered either by personal service,
21
first-class United States mail, an overnight commercial courier service, or Portable Document
22
Format (PDF) document attached to an email.
23
(A)A notice delivered by personal service is effective upon service to the recipient.
24
25
26
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1 (B) A notice delivered by first-class United States mail is effective three County
2 business days after deposit in the United States mail, postage prepaid, and addressed t
3 the recipient.
4 (C)A notice delivered by an overnight commercial courier service is effective one
5 County business day after deposit with the overnight commercial courier service,
6 delivery fees prepaid, with delivery instructions given for next day delivery, and
7 addressed to the recipient.
8 (D)A notice delivered by PDF document attached to an email is effective when
9 transmission to the recipient is completed (but, if such transmission is completed outside
10 of County business hours, then such delivery shall be deemed to be effective at the next
11 beginning of a County business day), provided that the sender maintains a machine
12 record of the completed transmission.
13 6.4 Claims Presentation. For all claims arising from or related to this agreement,
14 nothing in this agreement establishes, waives, or modifies any claims presentation requirements
15 or procedures provided by law, including but not limited to the Government Claims Act (Division
16 3.6 of Title 1 of the Government Code, beginning with section 810).
17 Article 7
18 Term and Termination
19 7.1 Term. The term of the Contractor's appointment as a hearing officer is for a period of
20 four years beginning on 12/12/2023. This agreement expires at the end of that term, however, if
21 Contractor is in the process of hearing a matter when the term of this agreement would
22 otherwise expire, (i) the term shall be automatically extended, and Contractor shall continue to
23 discharge Contractor's duties as a hearing officer for the matter, until the matter is completed,
24 and (ii) once the matter is completed, this agreement shall expire.
25 7.2 Termination for Non-Allocation of Funds or Cessation of Program. The terms of
26 this agreement are contingent on the approval of funds by the appropriating government agency
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I and upon the continuation of a practice of hiring contracted hearing officers. If sufficient funds
2 are not allocated, or if the County discontinues its practice of hiring contracted hearing officers
3 (for example, by hiring hearing officers as employees, or by repealing Ordinance Code Chapter
4 2.81, which examples are not exhaustive), then the County, upon at least 30 days' advance
5 written notice to the Contractor, may:
6 (A) Modify the services provided by the Contractor under this agreement; or
7 (B) Terminate this agreement.
8 7.3 Termination for Breach.
9 (A) Upon determining that a breach (as defined in paragraph (C) of this section 7.3)
10 has occurred, the CAO may give written notice of the breach to the Contractor. The
11 written notice may suspend performance under this agreement, and shall provide a
12 reasonable time for the Contractor to cure the breach.
13 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
14 time stated in the written notice, the County may terminate this agreement.
15 (C) For purposes of this section 7.3, a breach occurs when, in the determination of
16 the CAO, the Contractor has:
17 (1) Used funds illegally or improperly;
18 (2) Failed to comply with any part of this agreement;
19 (3) Submitted a substantially incorrect or incomplete report to the County; or
20 (4) Improperly performed any of its obligations under this agreement.
21 (D) For purposes of this section 7.3, a decision by the Contractor that is unfavorable
22 to the County in any matter that comes before the Contractor for hearing is not a breach.
23 7.4 County's Rights upon Termination for Breach. Upon termination for breach under
24 this article 7, the County may demand repayment by the Contractor of any monies disbursed to
25 the Contractor under this agreement that, in the County's sole judgment, were not expended in
26 compliance with this agreement. The Contractor shall promptly refund all such monies upon
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1 demand. The parties' rights and obligations under this section 7.4 survive the termination of this
2 agreement.
3 7.5 Contractor's Obligations and Rights upon Termination. Upon termination except
4 for breach under this article 7:
5 (A) The Contractor shall immediately stop all work under this agreement, except for
6 completing any hearings that have begun and where evidence was presented before
7 termination of this agreement.
8 (B) The County shall pay compensation to the Contractor, as provided in article 5of
9 this agreement, for all services provided prior to the effective date of termination, and all
10 services required to complete hearings described in paragraph (A) of this section 7.5.
11 The rights and obligations of the parties under this paragraph survive the termination of
12 this agreement.
13 Article 8
14 Independent Contractor
15 8.1 Status. In performing under this agreement, the Contractor is at all times acting and
16 performing as an independent contractor, in an independent capacity, and not as an officer,
17 agent, servant, employee, joint venturer, partner, or associate of the County.
18 8.2 Supervision. The County has no right to control, supervise, or direct the manner or
19 method of the Contractor's performance under this agreement, but the County may verify that
20 the Contractor is performing according to the terms of this agreement.
21 8.3 Benefits. Because of the Contractor's status as an independent contractor, the
22 Contractor has no right to employment rights or benefits available to County employees. The
23 Contractor is solely responsible for providing to the Contractor's own employees all employee
24 benefits required by law. The Contractor shall hold the County harmless from all matters relating
25 to the payment of the Contractor's employees, including compliance with Social Security
26 withholding and all related regulations.
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1 8.4 Services to Others. The parties acknowledge that the Contractor may provide
2 services to others unrelated to the County during the term of this agreement, subject to the
3 limitations of section 2.9 of this agreement.
4 Article 9
5 Indemnity
6 9.1 Indemnifiable Losses. For purposes of this article 9, "loss" or"losses" includes all
7 claims, demands, injuries, damages, costs, expenses (including attorney fees and costs),fines,
8 penalties, and liabilities of any kind.
9 9.2 Indemnity. The Contractor shall indemnify the County (including its officers, agents,
10 and employees) against any losses to the County, the Contractor, or any third party that arise
11 from or relate to the performance or failure to perform by the Contractor underthis agreement,
12 except when the loss is caused by (1) the Contractor's decision in any matter that comes before
13 the Contractor for hearing, or (2) the sole negligence or intentional wrongdoing of the County.
14 9.3 Defense. If requested by the County, the Contractor shall defend actions or
15 proceedings brought against the County (including its officers, agents, and employees)for any
16 losses to the County, or any third party, that are covered under section 9.2 of this agreement.
17 The County may conduct or participate in its own defense without affecting the Contractor's
18 obligation to indemnify or defend the County.
19 9.4 Survival. The provisions of this article 9 survive the termination of this agreement.
20 Article 10
21 Insurance
22 10.1 Required Policies. Without limiting the County's right to obtain indemnification from
23 the Contractor or any third parties, the Contractor, at the Contractor's sole expense, shall
24 maintain in full force and effect, the following insurance policies throughout the term of this
25 agreement.
26
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1 (A) Professional Liability. Professional liability insurance with limits of not less than
2 Five Hundred Thousand Dollars ($500,000) per occurrence and an annual aggregate of
3 One Million Dollars ($1,000,000).
4 (B) Automobile Liability. Comprehensive automobile liability insurance with limits of
5 not less than One Million Dollars ($1,000,000) per accident for bodily injury and for
6 property damages. Coverage shall include any auto used in connection with this
7 agreement.
8 (C)Workers Compensation. Workers compensation insurance as required by the
9 California Labor Code.
10 10.2 Additional Requirements.
11 (A) Verification of Coverage. Within 30 days after the Contractor signs this
12 agreement, the Contractor shall deliver to the County's Risk Manager, at 2220 Tulare
13 Street, 16th Floor, Fresno, California 93721, certificates of insurance and endorsement
14 for all of the coverages required under this agreement.
15 (1) All insurance certificates shall state that: (1) the insurance coverage has been
16 obtained and is in full force; (2) the County, its officers, agents, and employees are
17 not responsible for any premiums on the policy; (3) the insurance will not be
18 canceled without giving 30 days' advance written notice to the County; and (4) the
19 Contractor has waived its right to recover from the County, its officers, agents, and
20 employees any amounts paid under any insurance policy required by this agreement
21 and that waiver does not invalidate the insurance policy.
22 (2) The automobile liability insurance certificate shall state that the policy covers
23 any auto used in connection with this agreement.
24 (3) The professional liability insurance certificate, if it is a claims-made policy,
25 shall also state the retroactive date of the policy, which must be prior to the date on
26 which services begin under this agreement.
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1 (8) Acceptability of Insurers.All insurance policies required under this agreement
2 shall be issued by admitted insurers licensed to do business in the State of California
3 and possessing a current A.M. Best, Inc. rating of A:VII or greater.
4 (C) Notice of Cancellation or Change. For each insurance policy required under
5 this agreement, the Contractor shall provide to the County, or ensure that the policy
6 requires the insurer to provide to the County, written notice of any cancellation or change
7 in the policy as provided in this paragraph. For cancellation of the policy for nonpayment
8 of premium, the Contractor or the insurer shall provide written notice to the County not
9 less than 10 days in advance of cancellation. For cancellation of the policy for any other
10 reason, and for any other change to the policy, the Contractor or the insurer shall
11 provide written notice to the County not less than 30 days in advance of cancellation or
12 change. The County in its sole discretion may determine that the failure of the Contractor
13 or its insurer to timely provide any written notice required by this paragraph is a material
14 breach of this agreement.
15 (D) County's Entitlement to Greater Coverage. If the Contractor has or obtains
16 insurance with broader coverage, higher limits, or both,than what is required under this
17 agreement, then the County requires and shall be entitled to the broader coverage,
18 higher limits, or both.
19 (E) Waiver of Subrogation. The Contractor hereby waives its right to recover from
20 the County, its officers, agents, and employees any amounts paid by the policy of
21 worker's compensation insurance required by this agreement. The Contractor is solely
22 responsible to obtain any policy endorsement that may be necessary to accomplish that
23 waiver, but the Contractor's waiver of subrogation under this paragraph is effective
24 whether or not the Contractor obtains such an endorsement.
25 (F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails
26 to keep in effect at all times any insurance coverage required under this agreement, the
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1 County may, in addition to any other remedies it may have, suspend or terminate this
2 agreement upon the occurrence of that failure, or purchase such insurance coverage,
3 and charge the cost of that coverage to the Contractor. The County may offset such
4 charges against any amounts owed by the County to the Contractor under this
5 agreement.
6 Article 11
7 Inspections, Audits, and Public Records
8 11.1 Inspection of Documents. The Contractor shall make available to the County, and
9 the County may examine at any time during business hours and as often as the County deems
10 necessary, all of the Contractor's records and data with respect to the matters covered by this
11 agreement. The Contractor shall, upon request by the County, permit the County to audit and
12 inspect all of such records and data to ensure the Contractor's compliance with the terms of this
13 agreement.
14 11.2 State Audit Requirements. If the compensation to be paid by the County under this
15 agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
16 California State Auditor, as provided in Government Code section 8546.7, for a period of three
17 years after final payment under this agreement. The Contractor's obligations under this section
18 11.2 survive the termination of this agreement.
19 11.3 Public Records Act Requests. If the County receives a request under the California
20 Public Records Act(California-Government Code, Title 1, Division 7, Chapter 3.5, beginning
21 with section 6250) ("CPRA") or a similar law to disclose any document that is in the Contractor's
22 possession but which is prepared, owned, or used by the County, then the County will promptly
23 notify the Contractor and request the responsive documents that may be in the possession of
24 the Contractor. The notification shall be in writing. Upon receiving that notification, the
25 Contractor has five business days in which to provide responsive documents. The Contractor
26 shall indemnify County for any award of costs or attorney's fees under the CPRA that results
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1 from the Contractor's delay in providing responsive documents under this section 11.3. If the
2 County believes that any exemptions from disclosure apply, the County will assert them.
3 Article 12
4 General Provisions
5 12.1 Modification. Except as provided in article 6 of this agreement, this agreement may
6 not be modified, and no waiver is effective, except by another written agreement that is signed
7 by both parties.
8 12.2 Non-Assignment. This agreement is personal to the Contractor, and the Contractor
9 may not assign any rights or delegate any obligations under this agreement without the prior
10 written consent of the County.
11 12.3 Governing Law. The laws of the State of California govern all matters arising from
12 or related to this agreement.
13 12.4 Jurisdiction and Venue.This agreement is signed and performed in Fresno
14 County, California. Contractor consents to California jurisdiction for actions arising from or
15 related to this agreement, and, subject to the Government Claims Act, all such actions must be
16 brought and maintained in the Fresno County Superior Court.
17 12.5 Construction. The final form of this agreement is the result of the parties' combined
18 efforts. If anything in this agreement is found by a court of competent jurisdiction to be
19 ambiguous, that ambiguity is not to be resolved by construing the terms of this agreement
20 against the drafter.
21 12.6 Headings. The headings and section titles in this agreement are for convenience
22 only and are not part of this agreement.
23 12.7 Severability. If anything in this agreement is found by a court of competent
24 jurisdiction to be unlawful or otherwise unenforceable, the balance of this agreement remains in
25 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
26 this agreement with terms to accomplish the parties' original intent.
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1 12.8 No Waiver. Payment, waiver, or discharge of any liability or obligation of the
2 Contractor under this agreement on any one or more occasions is not a waiver of performance
3 of any continuing or other obligation and does not prohibit enforcement by the County of any
4 obligation on any other occasion.
5 12.9 Entire Agreement. This agreement, including its exhibits, is the entire agreement
6 between the Contractor and the County with respect to the subject matter of this agreement,
7 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
8 publications, and understandings of any nature unless those things are expressly included in
9 this agreement.
10 12.10 Third-Party Beneficiaries. This agreement does not and is not intended to create
11 any rights or obligations for any person or entity except for the parties.
12 12.11 Counterparts. This agreement may be signed in counterparts, each of which is an
13 original, and all of which together constitute this agreement.
14 [SIGNATURE PAGE FOLLOWS]
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Hearing Officer Services Agreement(Thomas E. Campagne)
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1 The parties are signing this Hearing Officer Services Agreement on the date stated in
2 the introductory clause.
3 Thomas E. Campagne COUNTY OF FRESNO
5 G`IlG�J
Thomas E. Campagne, Presid t Paul Nerland, County Administrative Officer
6
Law Firm of Campagne & Campagne
7 1685 N. Helm
Fresno, CA 93727
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9 For accounting use only:
10 Org No.: 2540
Account No.: 7295
11 Fund No.: 0001
Subclass No.: 10000
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Hearing Officer Services Agreement(Thomas E. Campagne)
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