HomeMy WebLinkAboutMUNOZ AND ASSOCIATES 1INSURANCE ON FILE
WORK MAY PROCEED N-2018-175
IL INSURANCE EXPIRES
CLERK TF COUNC L
DATE: SSP Q Zola
SPECIAL LEGAL COUNSEL SERVICES AGREEMENT
o'. CAO G)
This AGREEMENT, is made and entered into this 17th day of August, 2018, by and
Gr between Munoz & Associates ("Attorneys"), and the City of Santa Ana, a charter city and
municipalcorporation duly organized and existing under the constitution and laws of the State of
California ("City").
A. City desires to employ Attorneys to assist the in-house attorneys for the City ("City
Attorney") in the provision of legal services to the City, and
B. Attorneys represent that they are licensed to practice law in the State of California, have
special experience and knowledge related to civil litigation matters concerning general
liability, personnel and municipal law, and desire to undertake said services.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
I. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the
compensation hereinafter specified, to assist the City Attorney with litigation filed against the City,
for general advice, representation of Councilmembers and legal review on a case-by-case basis
when urgent matters arise to defend the .City, its employees and its officials. Specifically,
Attorneys will represent Councilmember, Sal Tinajero for his deposition, and other matters as
may arise in the case of Rojas v. City of Santa Ana. Attorneys accept said retention and agree to
perform, in a timely and efficient manner, all such services as may be requested by the City
Attorney. Attorneys shall confine their acceptance of work requested by City in writing by e-mail
or letter.
2. COMPENSATION FOR SERVICES RENDERED
a. City agrees to compensate Attorneys, and Attorneys agree to accept from City for
payment in full for all services for the foregoing services, a billing rate of $275 an hour. Time will
be billed in 1/10th of an hour increments.
b, The total sum to be expended under this Agreement, shall not exceed $25,000,
including any extension periods.
C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not
limited to, mileage, copying costs, service of process, and mail services authorized by the City
Attorney in connection with the performance of duties under this Agreement. In-house printing,
copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile
travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal
Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring
the expense, All expenses must have supporting documentation submitted with the invoice.
Munoz & Associates
Special Legal Counsel Services Agreement
Facsimile (714) 647-6515
To Attorneys: Munoz & Associates
Attn: Edward R. Munoz
600 W. Santa Ana Blvd., Ste. 910
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to
the new address. If sent by mail, communication shall be effective or deemed to have been given
three (3) days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication
shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on
the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and
exclusive statement between the City and Attorneys, and supersedes any and all other
agreements, oral or written, between the parties. In the event of a conflict between the terms of -
this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Attorneys. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any parties, which are not embodied
herein.
14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized
services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer, delegation
or subcontract without the City's prior written consent shall be considered null and void.
Nothing in this Agreement shall be construed to limit the City's ability to have any of the
services which are the subject of this Agreement performed by City personnel or by other
Attorneys retained by City.
15. TERMINATION This Agreement may be terminated by City at any time. In such event,
Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services
performed by Attorneys prior to receipt of such notice of termination, As a condition of such
payment, Attorneys shall deliver to the City all files and records generated under this Agreement as
of such date.
Attorneys may terminate this agreement, subject to their obligation to provide written reasonable
notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to
Munoz & Associates
N MBA75
Special Legal Counsel Services Agreement
secure new counsel as quickly as possible and to cooperate fully in the substitution of the new
counsel as counsel of record in in the Actions.
16. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Attorneys affirm that it is an
equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
17. JURISDICTION — VENUE This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any of the
clauses of this Agreement shall be determined and governed by the laws of the State of
California. Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority or power is not,
in fact, held by the signatory or is withdrawn.
19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts,
secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.
Photocopies of any executed counterpart shall have the same force and effect as an original. City
further acknowledges that it has read and received a copy the full text Section 6148 of the
California Business and Professions Code prior to signing this Agreement.
20. NO GUARANTEES City understands and acknowledges that there are certain risks and
uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not
an exact science, that Attorneys have made no representations or guarantees of success regarding
the conclusion of any particular matter, and that all expressions relative thereto are matters of
Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of
success regarding any matter.
[signature page to follow]
N-2018-175
Munoz & Associates
Special Legal Counsel Services Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
ATTEST:
CITY OF SANTA ANA
Maria D. Huizar
Clerk of the Council
''
Raul Godinez II'
City Manager
RECOMMENDED FOR APPROVAL:
MUNOZ & ASSOCIATES
SOMA R. CARVALHO E ward R. Mun
City Attorney Office
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attor wp
By: _
Ryan
Master Policy No. CEM 2411-17 N-2018-175
Endorsement # 109561
Previous # 109271
Authorization # (UMR) B0429RA1701036
Criminal Defense Lawyers Professional Liability Insurance
issued to the
National .Association of Salaried Professionals Purchasing Group, Inc.
and
Specified Member Firms of the National Association of
Criminal Defense Lawyers
)wVjOP,Nd,E.OP INSIiRANCEe£jject,,d with certain
i-IUNDERWRITERS AT CLOY IS;KLONDON
PARTICIPATION ItERE014:1tt1*'
Name and Address of Firm: "��,._"� '`�,, A"4
°. (Nat validu` . Countersigned)
EDWARD R. WMZ-& ASSOCIATES
600 West Santa Ana Boulevard Suite 910
Santa Ana CA 92701-4555
LIMITS OF
Coverage A-Professiodali Liability Coverage Coverage C-Disciplinarigroceedings Coverage
Each Claim 1, $1,Up0,000.00, t �,Each Qlaim $10000.00
Aggregate ) $1,000,000.OQ, �,%y , 1 oil � 4gr*.gate ta", $30000.00
Deductible Refer to Endorsement uaci7clatm A %,' Dbddctible $1,500,00 each claim
Retroactive Date: Refer^Retroactive Limitation Clause Retroactive Date: September 28, 1999
Coverage B -Personal lnjuiry Liability Coverage Covera a D-Cr'mvtal„Defense Coverage
Each Claim $100,000.00 Each C ,rim CM' $510O0.00
Aggregate ., $300.000.00 Aggregate;'` $5,000.00
Deductible Refer to Endorsement each claim Deductible $1,500.00 each claim
Retroactive Date: Refer Rotrbaetive Limitation Clause Retroactive Dote; September 28, 1999
Total Lilo dS Premium Including Endorsements . (' `�
.yam= g ) $17,262.00
,,.. �•^� ., Sys.. r
Special Conditions: See Attached Schedule of •F'oenlit-ind Ehilafsements.
Date of Application: August 16, 2017 _
PERIOD OF COVERAGE: From September 28,2M712:01 A.M. To September 28,204812:01 A.M.
This document is to notify the Firm named above that the following insurance has been effected with certain Underwriters at Lloyd's, London
(not incur rated) for the Period of Coverage specified above under the Master Policy specified above issued to the National Association of
Salaried Professionats Purchasing Group, Inc. and specified member firms of the National Association of Criminal oetanse Lawyers. The
insurance is provided under the Master Policy and is in accordance with the terms of the Master Policy, a copy of which is attached hereto.
Notice of claim "rust be sent to:
Karbal, Cohen, Economou, Silk & Dunne
150 South Wacker Drive, Suite 1700, Chicago IL
60606-4021
Dated: September 25, 2017
A5 TO FORM
Attorney
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rtyy Markets, Inc.
dba e uify MarketssInnss�urance Agency, Inc.
(CASL#OD44077)
By G�d2IG l 11 -r
Lawrence T.P. Molloy
AIF 2411 Dec (04114) P57••s laolosol