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HomeMy WebLinkAboutSOLOMON, STEPHEN HOWARD 2City of Santa Ana Clerk of the Council Yh •••~=~•• AGREEMENT TERMINATION lets this form when the attached agreement is no longer ~,,,,., ~^~ Please comp `~ ~ ~ `~ xf,'~ ~; ~~~ in effect: Return form to n heuestions f the Council Office (M-30). ~ -- --------------- Call 647-5237 if you have a y q ~j ~ ___ ___ _____________________________________ ~ ~ ___~ _____~~ __ __ ~ ______--- ~i The agreement with No. ~~ and final payment has been made. 7 don ~Gl r~~~ / L~ ^1 lets / was comp Department: ~~~ ~ ~ PhonelExt.: Signature: /!~ Date: Revised 07-23-07 N-2007-104 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL I]ATE: $Fp 1 4 2001 CONSULTANT AGREEMENT (o) ~ PC3f~ C2~ Toni4 2erba THIS AGREEMENT made and entered into this 17`" day of August, 2007 by and between Stephen Howard Solomon, an individual (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 arbitration and mediation to provide professional administrative hearing services. 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 ~he is knowledgeable in the 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 fum 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, $100.00 per hour. The sum to be expended under this Agreement shall not exceed $5,000.00 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 October 30, 2007, unless terminated earlier in accordance with Section 12, below. 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 anemployer-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. Due to the nature of the services provided, Commercial General Liability insurance is not required. b. 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the provision of services described in Section 1 of this Agreement. 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: 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 and 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: Stephen Howard Solomon 17853 Santiago #107-188 Villa Park, California 92861 A party may change its address by giving notice in writing to the other party. Thereafter, any 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. 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 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, HE L Clerk of the Co~.mcil CITY OF SANTA ANA . , U'' F DAVID N. RE City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ~~~ Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ~_ ~ JA M. TREVINO Executive Director of the Planning & Building Agent ive Director of the Works Agency r~.~r~ EP EN HOWARD SOLOMON Tax ID # ~6 ~ - ~~ ~/ ~ cA 6 EXHIBIT A SCOPE OF SERVICES ADMINISTRATIVE HEARINGS: Consultant will provide professional Administrative Hearing services, by appointment, to The City of Santa Ana for the Community Preservation Department and Public Works Departments, including Vehicle Abatement, Administrative Citation Appeals, and Alternative Public Nuisance Abatement. The Administrative Hearing services may be utilized by other agencies within the City of Santa Ana. COMPENSATION: • $100.00 per hour for time spent in Hearings or Appeals for Vehicle Abatement, Administrative Citations, Alternative Nuisance Abatement, and /or other Municipal Violation Hearings, as well as for Administrative Duties required to review, finalize, or memorialize the results or decision(s) reached in all Hearings or Appeals. • Expenses as approved by the Executive Director of the effected City agency. Mediator/Arbitrator will sign all Determinations in his capacity as Administrative Hearing Officer The Community Preservation Department will provide to the Administrative Hearing Officer a copy of the file for review of applicable codes at least two (2) days prior to a scheduled hearing. --~~ E., IhISF~+~E S~~?KEF~~, 1~~ ~ {~1a3,~z2-~so~ ~!~. i ~.1~.,. FAX ("3i0}322~13(l~ _--~,.----_ -~ ~ 191 EAST G<~'Ai+li3 AVE, S'UiTE 21U I Ei. SE~tJNCDtr#, CA ~12~5 cR ~.tC # t?~287D8 3(18108 I !!wf t) ~ R # ~ s99 Page 1 of 1 tNSttR'E13: Stephen Ssrnan AGENT: Ember J. Stites 9471 Flerxiersc~n Way 27Q01 to f'az Rd-#200 Villa Park, 92t~i1 Mission Viejo, GA 92691 Binder is Affective from 12:(31 AMJ2l2t to 12:Q1 AM X31 unless carxx-gilled ar repla+~ by the Pr~licy. Policy is effective frr~m 12:{?i AM~2/26I0$ tc~ 12-0'l'AM3 {32J26!{l9. This is to certify that, in acc~rsfance vrittt ycwr insts-uctions, we have taound r~tverage as foltovrs: Gf3blf'ANY. iltl Lf~ ~ : ~t I!,lt~tdS, F1 t~'Qt.fGY t~~ 02(")9-00119f?05A cC1YERAGfr: Alttiue ~spt.tte Resot~ttton F'rotesal l,ialsiiity! Fsann: PL (7100} 1 claims tbta4e I.IN$ITS. 1;000,000 Per claim 1,000,00€( in ttte Aggt~gate C?Et3UCTl8LE 1,Oi30 Per Claim G?TFiER: ~~fense tetside the (_imtts Retroactive Date: 212612D48 PolicyTer 12 M€srtths t=€`tRMifS. 1, Nuclear lns~ierrt F~cclon 2, erv-ce of suit clause (ll.S.A.) 3. Several Liebtlity Notice 4. War arxf cisril Was' Exciusiotl 5. War ante T~:rrorl5t11 Exclusion Ertttt~rsettrsent G. Radiva~tirve cont3minati4rz Exdusfs~n clause lsabtity Direct 7, Not#tae of taitcsltation 8. Asbestos Ex+t~usion 9. Extended Reporting Period -1000 t2ATEa l=tat PFtlwMlU#t: $520.t~ 1`5.611 state Tax _ 0.65 CA Stamp Fee $536.25 Totaf NQ flat +car>s;eltatians. 25% minimtern retaihed pr+emitttrt in ttte event t~f cantx:ttatirin. This Binder os s~jectto a(( teems and ins ot'tf~ t~ to kse issued: The 8tred$r shaft tee termtnateci arxf vo+ded dY delhrery of a P~~Y to eifher the lr~ur~ut, his agent or relx-eserrtattve. Tt~ coverage wilt remain in #or tt~ tavm itxitcated tantess rancelied by the Insured, orthe Company. vu2 written notice. Fnerick .l. Fisher ~~~' ~' / ~ ~ p ` ~; _