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HomeMy WebLinkAboutJONES AND MAYERN-2024-122 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Became Johnathan Ryan Hernandez David Penaloza Thal Met Phan Benjamin Vazquez INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: MAR Z 8 ZOZ4 James Touchstone, Esq Jones and Mayer 3777 North Harbor Blvd. Fullerton, CA 92835 CITY OF SANTA ANA CITY ATTORNEYS OFFICE 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 wwrmsanta-ana.ora January 2, 2024 INTERIM CITY MANAGER Thomas R. Hatch CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Re: Letter of Agreement for Expert Legal Training Services Dear Mr. Touchstone: This letter shall be our Agreement regarding the legal training services described below ("Services") to be provided by Jones and Mayer ("Consultant") as an independent contractor to the City of Santa Ana ("Santa Ana"). This Agreement is for the purpose of engaging Consultant to provide professional legal training services related to internal affairs investigations and procedures within California police departments, as well as civilian review investigations and audits of police departments for Santa Ana's Police Oversight Commission. The Services to be provided are more particularly described in the Scope of Services and Compensation attached hereto as Exhibit "A" and incorporated herein by reference. Consultant shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall be billed at the rates identified in Exhibit A and shall not exceed Twenty -Five Thousand Dollars ($25,000.00). All invoices shall be submitted directly to Santa Ana. Santa Ana shall pay the invoices within 60 days after an invoice. Services on the Project shall begin when requested in writing and shall be completed by the deadline provided by our office, unless extended by the City Attorney's office in writing. Santa Ana may terminate this Letter of Agreement at any time with or without cause. If Santa Ana finds it necessary to terminate this Letter of Agreement without cause, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may also terminate this Letter of Agreement without cause. 6U Z I G1_12 fiL91 � LK0P P. [on I Valera Anni Jeea,e LOPez Thai Wet Phan aempmn Vamuea Pm95awrm Jonnaman Ryan Hemi navm Penabm Meyer Mayor Pm Tom, WBN] WaNI Ward Ward Ward Ward ym.oLaMMm.,anaaN bnan®aanormnanN OvamiaoS,rita an... ana nm hiamemandeoSsanta-anaom dixmoyo ganla-ana om N-2024-122 Consultant shall indemnify and hold Santa Ana, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, causes of action, expenses, liabilities, losses, damages and injuries to property or persons, including wrongful death, to the extent caused by or arising out of any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services under this Agreement, including, without limitation, the payment of reasonable attorney fees and other related costs and expenses. Consultant's services are for purposes of assisting and training the Santa Ana Police Oversight Commission on selected topics described more fully in Exhibit A, and are thus subject to a variety of privileges, including the attorney work product privilege. If Consultant receives from Santa Ana information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by Santa Ana. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records. • Y q1. 4is i3g_& Interim City Manager ATTEST. SANTA ANA CITY COUNCIL Velene Am.z,u. J.a'. l9,.i Tla. Val Plies V"... PMI B..,d JOMeNen Ryen Ka.ldex Oavle Penlo= Maya, Mayor Pm Tem, Wadi Wed Wad Wed Wed Wad me2m&Bsane an, Whan®sanla-areob.rdanrftaaneom I1anM.and,aRD1enla-eMOm doe.biaaD.N-an.,, EXHIBIT "A" SCOPE OF SERVICES AND COMPENSATION Scope of Services Consultant shall provide City with the following services: A. Provide training sessions to members of the Santa Ana Police Oversight Commission that includes the following topics: I. Constitutional rights and civil liberties 2. Procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq., Penal Code Sections 832.7 and 832.8, and Evidence Code Sections 1040-1043) 3. State use of force standards 4. Police union contracts 5. Labor rights Compensation Hourly Rate Partners, Associates, & Of Counsel: $300.00 per hour Paralegals: $125.00 per hour SANTA ANA CITY COUNCIL Vila. Am... Jessie Lopez Thal Viet Phan BmItin in Vazquez Phil Biennia Johmaman Ryan Hernandez omne Penelom Mayan Mayer Pm Tem. Wai J Werth Wind WeN< Wed Want6 v azmaasenu anaom leivelaoeyill, mam, om Inhanaeama ena om avamue Aimnla an,.,, ounnimealat. an, am rmm,mmdetB,,me-enn am auenabaaa°ano an, am