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HomeMy WebLinkAboutARMAS, ABEL 2B-2004 < lNSUK~\I'~i";L UN FiLL '''Il!,K MA \' PROCEED UNm INSURAI'iCE EXPIRES $S';;1..'5 ~oS CLERK OF COUNCIL DATE, (rI7~t75 A-2004-173 t.. {Jb hStAL- SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into this lleth- day of ~ V,$. t- , 2004, by and between Abel Armas, an individual ("Consultant") and the City 0 Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Consultant Agreement A-2002-162, approved by the City Council on August 19,2002, (hereinafter "said Agreement") by which Consultant has provided hearing officer services B. In accordance with the terms and conditions of said Agreement, the parties extended the term of said the Agreement for an additional two-year period and increased compensation to pay for services during the extended term. C. The parties now wish to amend the Scope of Services and increase Compensation to pay for the additional services during the two year term. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, as amended, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: I. Section I, SCOPE OF SERVICES, shall be amended to read as follows: "Consultant shall perform the duties of a hearing officer as those services are set forth in Exhibit A-I to this Agreement." 2. Section 2.a., COMPENSATION, shall be amended to read as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A-I. Compensation for Alternative Abatement services shall not exceed $10,000.00 per fiscal year. Compensation for Administrative Citation Hearings for the Police Department's Animal Services Division shall not exceed $10,000 per fiscal year. The total sum to be expended under this Agreement shall not exceed $20,000.00 per fiscal year, during the term of this Agreement. II II II IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: '~ ',---- y::.;::..-::' ~ '.~ '?- c,:. p-~ l!'yATRICIA E. HEALY' Clerk of the Council I ;:;;~)) i'/~hrv~7Ac~---- DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ,~/ ' By'. 'X'l'", ,,' . Y. C , ,l. , Laura Sheedy ( Assistant City Attorney CONSULTANT ~4 M':fl~ ABELlA AS EXHIBIT A-I SCOPE OF SERVICES I. Consultant shall serve as a hearing officer at Alternative Abatement Proceeding hearings and Animal Citation hearings at times set by mutual agreement of Consultant and City. A. Consultant shall conduct Building and Zoning violation hearings pursuant to the Alternative Abatement Proceedings, in accordance with Article VII (commencing with section 17-100) of Chapter 17 of the Santa Ana Municipal Code ("SAMC"). B. Consultant shall conduct hearing regarding violations of SAMC Chapter 5, ANIMALS, in accordance with the administrative hearing procedure set forth in Chapter 3 (commencing with Section 3-1) of the SAMe. 2. Hearings shall be conducted at offices located in City facilities or at such alternative location as may be mutually agreed by the Consultant and City. Said hearings shall be held during normal working hours at the times designated by the Consultant COMPENSATION Consultant agrees to accept as total payment for his services, compensation at the rate of $75.00 per hour for each hour worked and reimbursement for the cost of incidental fees. The total sum payable pursuant to this Agreement shall not exceed Twenty Thousand Dollars ($20,000.00), annually, during the term ofthis Agreement Page I of I Certificate of Insurance Sparta Program A- ,;;wO;l-10..L A-~ RIXY!- 1;1 I Name Insured: Annas, Abel 33 Antibes Laguna Niguel, CA 92677 Named Additional Insured: SANTA ANA (SPARTA) 20 Civic Center Plaza PO Box 1988 Santa Ana CA 9270 I Certificate # Coverage Limits Deductibles Terms & Conditions Exclusions SSA03-0022 SPARTA INSURANCE PROGRAM: Commercial General Liability - Hazard 2 Contract Value: $20,000.00 Coverage Period: 8/28/2004 to 8/28/2005 Insurance Carrier; Essex Insurance Company Master Policy: 3CM4080 Master Policy Effective Date: 11/15/2003 to expiration $2,000,000 General Aggregate / $1,000,000 Each occurrence / $1,000,000 Products/Completed operations / $1,000,000 Personal & Advertising Injury/$50,000 Fire Damage / Medical Payments Excluded $500 BI & PO 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 I. No Cancellatlons Allowed. Premium, taxes and fees are fully earned at inception. 2. Operations and Rating Based: Consultant - Hearing officer, @ the alternative abatement hearings. 3. Department of Planing & Building; Santa Ana PO Animal Services 4. Additionallnsured(s); Not Applicable 5. No Professional Liability Coverage provided. 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, [nc., 302 W. Cerritos Ave., Building #7, Anaheim, CA 92805 ~~ Carol Frost / President Municipality Insurance Services, Inc. 302 W. Cerritos Ave Bldg# 7 Anaheim, CA 92805 (800) 420-0555 (714) 687-[ 100 fax (714) 687-1106 LicensesCA;OC04849; OR: 195423 Website address www.2sparta.com