HomeMy WebLinkAboutCOASTAL MEDIATION SERVICES 1AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in ef. 4V -1 Aff
Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-4 )f fqub y PnnY
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The agreement with COO�SW Kt t'1X�,t-tD{i &Y VdC.SS No•A -o3Od a5��
was completed on 12,/% 1 Y�and final payment has been made.
Department,
Signature:
Date:
City of Santa Ana
Revised 8-7-03 Clerk of the Council
A-2004-241
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
1-19-a5_
CLERK OF COUNCIL CONSULTANT AGREEMENT
DATE: I_1µ-05
THIS AGREEMENT made and entered into this 16th day of November, 2004 by and
between Coastal Mediation Services, a California sole proprietorship (hereinafter "Consultant'),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
administrative hearing procedure.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
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:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The sum to be expended under this Agreement
shall not exceed $10,000.00 annually. The total sum to be expended shall not exceed $20,000.00
during the term of this Agreement
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2006, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the Executive Director of the
Planning and Building Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City 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 the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
W
Executive Director of Planning and Building)
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Coastal Mediation Services
Barbara Echan
3056 Madeira Avenue
Costa Mesa, California 92626
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, any notice, tender, demand, delivery, or other
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, any notice, tender, demand, delivery, or
other 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.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 Consultant. 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 Consultant nor
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 party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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 to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. 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.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Lauira Sheedy
Assistant City Attorney
FOR APPROVAL:
24�'
STEP N HARDIN
Executive Director Kf the
Planning & Building Agency
CITY OF SANTA ANA
AVID N. REANr
City Manager
CONSULTANT
COASTAL MEDIATION SERVICES
O0 r. ,
BARBARA ECHAN
Owner
Tax1D# 517.88"!03/2
COASTAL MEDIATION SERVICES
3056 Madeira Ave, Costa Mesa, CA 92626
(714) 235-6648
PROPOSAL
SCOPE OF PROFESSIONAL SERVICES
for
THE CITY OF SANTA ANA
Community Preservation Department
ADMINISTRATIVE HEARINGS:
Barbara A. Echan, Coastal Mediation Services, will provide professional
Administrative Hearing services by appointment to The City of Santa Ana for
Community Preservation, Vehicle Abatement and Administrative Citations as
follows:
COMPENSATION:
• $65.00 per hour for time spent in actual Vehicle Abatement Hearings or
Appeals and/or other Municipal Violation Hearings or Appeals.
• $25.00 per hour for administrative duties required to finalize or memorialize
the results or decision(s) reached in any hearing or appeal.
• Mediator/Arbitrator will sign all Vehicle Abatement Determinations in his or
her capacity as Hearing Officer
• Travel expenses incurred for each hearing or appeal scheduled at $10.00 per
session, unless held at a location other than The City of Santa Ana
Administrative Offices.
• Undetermined amount for other expenses as approved.
EXHIBIT A
Barbara A. Echan
October 8, 2004
The Community Preservation Department will provide to the administrative
hearing officer a copy of the file for review of applicable codes at least two (2)
days prior to a scheduled hearing whenever possible. There are no fees
associated or billed for this review time to The City of Santa Ana.
TERM:
One year from the date contract is signed, unless terminated upon 30 day notice.
INSURANCE:
Administrative Hearing Officer, Barbara A. Echan, will maintain current insurance
policies for CGL and Professional Liability Insurance as required by The City of
Santa Ana.
Barbara A. Echan
Mediator/Arbitrator
Date: October 8, 2004
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
amsmflll Municipality �11/22/2004 2:03 PMMfffteribfLianceSparta ProograM
PG3i2i228i88F8182YE1Y1181MWXYd8iG832e"3iE81Y81YlYdYffiGGii286E%E3EPYGWY6Gd82%3i2d@YBbIYdE%idiF38%3F8689tlIG6Y6N8i[w3EF'83EEEP2IYIY'i6MYF3Gi83Ei2F89EkEii$F3iie^u'Fiii23��8YdfHkG6fidii2i33EiEF2'183YY
flame Insured: Named Additional Insured:
khan, Barbara
1056 Madeira Ave
:osta Mesa, CA 92626
7ertificate # SSA04-0027
SANTA ANA (SPARTA)
20 Civic Center Plaza PO Box 1988
Santa Ana CA 92701
overage SPARTA INSURANCE PROGRAM: Commercial General Liability - Hazard 2
Contract Value: $10,000.00
Coverage Period: 11/19/2004 to 11/19/2005
Insurance Carrier: Essex Insurance Company
Master Policy: 3CP9777
Master Policy Effective Date:l 1/15/2004 to expiration
Amits $2,000,000 General Aggregate / $1,000,000 Each occurrence 1 $1,000,000 Products/Completed operations /
$1,000,000 Personal & Advertising Injury/$50,000 Fire Damage / Medical Payments Excluded
)eductibles $500 BI & PD Per Claimant Including Loss Adjustment Expense
$950.00 Premium (Fully Earned)
$29.69 Taxes (Fully Earned)
$50.00 Certificate Fee (Fully Earned)
TRIA
$1,029.69 Total Amount
Perms & 1. No Cancellations Allowed. Premium, taxes and fees are fully earned at inception.
"ooditions 2. Operations and Rating Based: Consultant - Hearing officer, @ the alternative abatement hearings.
3. Department: Planning & Building
4. Additional Insured(s): Not Applicable
5. No Professional Liability Coverage provided.
'exclusions Asbestos, Assault & Battery, Employer Related Practices, Subsidence, Independent Contractors, Pollution, Cross Suit,
Lead or Silica Dust, Mold or Bio -organic Growth or Mildew, Punitive Damages, Animal, Breach of Contract, Y2K
Electronic Data, Medical Payments, War or Terrorism.
The insurance provided under this policy is limited to your work performed on behalf of the entity named as
"Additional Named Insured" above and doesn't extend itself to any other work performed by you or your organization.
Coverage is limited to the description of operations and rating bases listed in "Terms & Conditions" item 2.
Per the Master policy, a copy is available by written request to: Municipality Insurance Services, Inc., 302 W. Cerritos
Ave., Building #7, Anaheim, CA 92805
Carol Frost / President
Municipality Insurance Services, Inc.
IYIYIigE919dF1dY9EE399ifidE9E99ffi9FL9fifiBYYG9959ffiBfiiE9Y09ElCWkVEfi39Y9Ef6'aPfi9Sfiffifi9iEBea9iiieiiEfiidfiffidY6eIWIIBYE'd9Efifi996E99fL'BSJk£dsSE9Eiai9esi9s'afBifi9iemi9neiBfiidiifiind86BIY9ktl'J60°5EEffid3iEfifieal3dfiieiiE9tllfiil
302 W. Cerritos Ave Bldg# 7 Anaheim, CA 92805 (800) 420-0555 (714) 687-1100 fax (714) 687-1106 LicensesCA:0004849; OR:195423
Website address www.2sparta.com
001,
Page 1 of 1
Jacquez-Nares, Patricia
From: Zerba, Tonia
Sent: Tuesday, February 14, 2006 4:51 PM
To: Gee, Connie; Jacquez-Nares, Patricia
Subject: FW: INSURANCE RENEWAL - premium quote
forgot to forward this to you. This is regarding Coastal Mediation Services agreement A-2004-241. If you have any questions,
please contact Laura Sheedy and cc: me.
Thank you,
Tonia
From: Sheedy, Laura
Sent: Tuesday, January 31, 2006 1:41 PM
To: Zerba, Tonia
Subject: RE: INSURANCE RENEWAL - premium quote
Yes, no insurance will be required.
From: Zerba, Tonia
Sent: Tuesday, January 31, 2006 1:41 PM
To: Sheedy, Laura
Subject: RE: INSURANCE RENEWAL - premium quote
No insurance at all?
From: Sheedy, Laura
Sent: Tuesday, January 31, 2006 12:14 PM
To: Zerba, Tonia
Subject: RE: INSURANCE RENEWAL - premium quote
just spoke to Barbara Eachen and based on the services she is providing, I do not think insurance is necessary for this
Agreement.
Thank you
Laura
2/14/2006