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HomeMy WebLinkAboutJoint Parking Citation Hearing Office and Reimubursement Procedures with City of MonroviaAGREEMENT BETWEEN THE CITIES OF ARCADIA AND MONROVIA ESTABLISHING A JOINT PARKING CITATION HEARING OFFICER AND ESTABLISHING REIMBURSEMENT PROCEDURES This Agreement is entered into this 2 day of h . , 1993, by and between the City of Arcadia, ereinafter referred to as "Arcadia" and the City of Monrovia, hereinafter referred to as "Monrovia." WHEREAS, pursuant to Assembly Bill 408, municipalities are required to handle all parking citation processing functions, now treated as civil violations, and establish a system of administrative adjudication; and WHEREAS, Arcadia has adopted an administrative adjudication program and policy which includes a hearing process before a Parking Hearing Officer as required by state law; and WHEREAS, Arcadia has created, and will staff, the position of Parking Hearing Officer as set forth in the attached Exhibit A; and WHEREAS, Monrovia is subject to the same requirements as Arcadia with regard to the review of parking violations and the need to utilize a Hearing Officer (Examiner) as set forth in Vehicle Code Sections 40200.7 and 40215. NOW, THEREFORE, Arcadia and Monrovia, do hereby agree as follows: Section 1. Hearing Officer /Services Arcadia shall select and hire a person to serve as Hearing Officer to perform the services described in "Exhibit A attached hereto and incorporated herein by this reference. The Hearing Officer shall be available to and shall serve as the Hearing Officer for Monrovia pursuant to the terms of this Agreement. The Hearing Officer shall be neither considered an agent, officer, servant, or employee of the City of Monrovia, nor shall he or she be entitled to any benefits provided by the City of Monrovia other than payment for services related to the administrative adjudication of parking citation contests as set forth herein. For purposes of the administrative review of parking violations and the mandated procedures for a Hearing Officer, Monrovia hereby designates Arcadia's Hearing Officer as its Examiner for administrative review pursuant to Vehicle Code Section 40215. Section 2. Location of Hearings All hearings shall take place at the Arcadia Civic Center - 240 West Huntington Drive, Arcadia, California. Section 3. Scheduling Monrovia shall be responsible for scheduling hearings for parking citations issued in its jurisdiction. This will be coordinated through the Arcadia 930909 10341 -00001 mac 1230253.1 0 Parking Clerk. Monrovia shall be responsible for providing notice to the contestant and for providing required materials to the Arcadia Parking Clerk who shall assemble the file for the Hearing Officer. Section 4. Concurrence With Arcadia Program Monrovia confirms that it has reviewed the Arcadia Parking Adjudication Program and related resolutions, and documents and concurs with said Program. Section 5. Billings /Reimbursement Arcadia shall bill Monrovia monthly for Hearing Officer services allocated to Monrovia during the month. Billings shall be based on a charge of $3.00 per case plus a prorated charge allocated to the Hearing Officer's case assignments. For example, if during a one -month period, six Arcadia and five Monrovia cases were reviewed, billings would be as follows: Monrovia - $15 administration and the prorated charge of five - elevenths (5 /11ths) of the Hearing Officer's pay for those services. This methodology will be monitored by Arcadia for a period of four (4) months. After said four (4) month period, the billing methodology may be changed by Arcadia upon ten (10) days prior written notice to Monrovia and concurrence by City Manager of Monrovia prior to the effective date of any such change. If such notice and City Manager approval is provided, Monrovia shall reimburse Arcadia on the revised basis for the remainder of the term of this Agreement. Section 6. Hold Harmless /Indemnification Arcadia shall hold harmless, defend and indemnify Monrovia against any and all liabilities, costs, and expenses, occasioned by claims or suits for loss or damages arising out of the acts of the agents, officers, servants, or employees of Arcadia. Monrovia shall hold harmless, defend and indemnify Arcadia against any and all liabilities, costs, and expenses, occasioned by claims or suits for loss or damages arising out of the acts of the agents, officers, servants, or employees of Monrovia. Section 7. Termination Either party may terminate this Agreement with or without cause upon ten (10) days written notice to the other party. Such termination shall not affect any cases which were received by Arcadia and scheduled for hearing or being reviewed by the Hearing Officer prior to delivery of said termination notice. Monrovia's reimbursement responsibility for such pending cases shall continue based on the terms of this Agreement. Monrovia shall not schedule any new case with Arcadia after notice of termination has been delivered as provided herein. Section 8. Notice Any notice required under this Agreement shall be given by personal delivery or by depositing in the United States mail, postage prepaid, first - class, addressed as follows: 930909 10341 -00001 mac 1230253.1 0 — 2 — To: City of Monrovia Chief of Police Joseph A. Santoro 140 East Lime Monrovia, CA 91016 Section 9. Amendments Except as set forth by the provisions in Section 5 above, this Agreement may only be amended in writing as approved by the City Councils of Arcadia and Monrovia. Section 10. Entire Integrated Agreement This Agreement is intended by the parties as a final expression of their Agreement and constitutes the entire agreement between the parties. Executed the date first above written. CITY OF MONROVIA APPROVED AS TO FORM: MO ON " To: City of Arcadia Accounting Supervisor Sharon Casey 240 West Huntington Drive Arcadia, CA 91007 6 � - City Attorney CITY OF ARCADIA APPROVED AS TO FORM: City At or ey By k' 1 U - 'r µM t 930909 10341 -00001 mac 1230253.1 0 — 3 — EXHIBIT "A" PARKING CITATION HEARING OFFICER General Purpose of Hearing Officer Under the provisions of the California Vehicle Code, the parking citation hearing officer is charged with hearing and adjudicating contested parking citations issued for violations pursuant to the California Vehicle Code and /or local law. Responsibilities To perform all hearing activities related to parking adjudication from an independent and impartial position in accordance with established policy. To act as a hearing officer and adjudicate contested parking citations according to State and local laws. To exercise independent disposition of contested parking State and local laws. judgment in determining citations issued pursuant to Example of Duties Conduct hearings and render decisions in accordance with the rules, regulations, policies, and procedures established by applicable state and local laws. Cross examine the contestant and any witnesses to determine the credibility of the defense and authenticity of any documents presented at the hearing. Listen to the contestant's testimony, consider and weigh all evidence, including any discrepancies elicited during the cross - examination, and render a decision based on the facts of the case and applicable law. For each case, prepare a brief written statement of rationale applied in reaching a decision. Desirable Experience and Training Experience Recent employment in a job requiring public interaction and familiarity with the California Vehicle Code. Education Equivalent to graduation from high school. 930909 10341 -00001 mac 1230253.1 0 — 4 — A combination of equivalent experience and training that would provide the required skills, knowledge and abilities necessary to adjudicate parking citation contests. 930909 10341 -00001 mac 1230253.1 0 — 5 —