HomeMy WebLinkAboutJAMS 2City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M-30).
Call 647-6520 if you have any questions.
The agreement with
No. a2008- Lod
and final payment has been made.
Revised 12-07-07
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Phone/Ext.: �J9oC
Signature:
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INSURANCE NOT REQUIRED
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THE RESOLUTION EXPERTS
MEMO
To: Counsel [Listed on Fax Cover Sheet]
From: Marty Crouse, Case Manager
Direct Dial 714-937-8239
Re: Miller, Dennis vs. City of Santa Ana
JAMS Reference No. 1200040532
Date: March 11, 2008
The above referenced matter has been submitted for trial with Hon. Thomas Thrasher (Ret). It is my
understanding that the parties have agreed .upon a hearing date of March 26, 2008 0-10:00 a.m. for 1
hr. in our JAMS Orange Resolution Center.
JAMS requires the attorneys to sign and return the following fee agreement in order to confirm the terms
in the agreement as well as details listed above. Upon receipt of all agreements I will forward hearing
notices, briefing instructions and invoices to all parties.
I understand the fees will be 100% to the City of Santa Ana.
The fees are as follows:
Hearing fee:
$400/hr. x 1 = $400 (total)
Reading & Prep:
$400/hour —1 hours Retainer = $400 (total)
(Per party - please note this includes the re -assessment of CMF and any portion of retainer not utilized is
refunded at the close of
the case.)
- Estimate for potential reading, hearing overrun and assessment of CMF
Case Management Fee $800 (total)
$400 per party [Non-refundable]
initial and reassessed;
See Fee Schedule for reassessment
Scale. 10% for over 30 hours
TOTAL FEES = $1,600 (total)
Cancellation & Continuation date [14 days] is... March 12, 2008).
Since we are setting this within the cancellation window, fees will need to be to our Irvine office by
3114108. That address is .JAMS, 1920 Main St., Suite 300, Irvine, CA 92614. Please ensure that the
reference number is on the check.
By the signature below, each participant, either directly or through counsel, hereby certifies
that s/he has read all of the above and agrees with all matters stated herein. This
AgreemJerlCjnsigne Signegd i�counterpar ,
ATTEST r
Print Name DAVID N. REAM City Manager
For City of Santa Ana
Dated: I_l , Q R
�r atrici He
Clerk of the Council
N-2008-026
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Arbitration Fee Schedule
Hon. Thomas N. Thrasher, Sr. (Ret.)
TNi REMUTIOM "PEM
PROFESSIONAL FEES
$400 per hour
NON-REFUNDABLE CASE MANAGEMENT FEE
One day is defined as 10 hours of professional time Fee
14days.............................................. ........................................ $400 per party, per day
Time in excess of initial 30 hours ......................... ............................. 10% of professional fees
• Professional fees include time spent for hearings and pre- and post -hearing reading and research, and award preparation.
• The Case Management Fee includes access to an exclusive nationwide panel of judges, attorneys, and other ADR experts,
dedicated services including all administration through the duration of the case, document handling, and use of JAMS conference
facilities including after hours and on site business support. Weekends and holidays are subject to additional charges.
• The Case Management Fee is reassessed on cases that continue beyond originally scheduled professional time.
CANCELLATION/CONTINUANCE POLICY
Cancellabon/Continuance Period Fee
1 day or less........................................14 days or more prior to hearing ........................ 100% REFUNDABLE, except for time incurred
2 days or more....................................30 days or more prior to hearing ......... ............... 100% REFUNDABLE, except for time incurred
Hearings of any length ........................Inside the cancellation/continuance period ............. NON-REFUNDABLE
• Unused hearing time is non-refundable.
• Hearing fees are non-refundable if time scheduled (or a portion thereof) is cancelled or continued within the cancellation period
unless the Arbitrator's time can be rescheduled with another matter. The cancellation policy exists because time reserved and later
cancelled generally cannot be replaced. In all cases involving non-refundable time, the party causing the continuance or cancellation
is responsible for the fees of all parties.
• A retainer for anticipated preparation and follow-up time will be billed to the parties. Any unused portion will be refunded.
• All fees are due and payable upon receipt of invoice and payment must be received in advance of hearing. JAMS reserves the right
to cancel your hearing if fees are not paid by all parties by the applicable cancellation date and JAMS confirms the cancellation in
writing.
• Receipt of payment for all fees is required prior to service of an arbitration award that the Arbitrator has rendered.
• For arbitrations arising out of employer -promulgated plans, the only fee that an employee may be required to pay is the $400 per
party fee for a one -day case- The employer must bear the employee's share of any increased CMF. Any questions or disagreements
about whether a matter arises out of an employer -promulgated plan or an individually negotiated agreement or contract will be
determined by JAMS, whose determination shall be final.
• For arbitrations arising out of pre -dispute arbitration clauses between companies and individual consumers, JAMS Policy on
Consumer Arbitrations Pursuant to Pre -Dispute Clauses, Minimum Standards of Procedural Fairness applies. In those cases, when
a consumer (as defined by those Minimum Standards) initiates arbitration against the company, the only fee required to be paid by
the consumer is $250. All other fees must be paid by the company.
JAMS agreement to render services is with the attorney, the party and/or other representatives of the party.
Inland Empire - Los Angeles • Orange • San Diego
www.iamsadr.com - Updated 01/01/08