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Home My WebLink AboutENGLANDER KNABE ALLEN & ASSOCIATES, LLC. 6:ON [Rl 4lvCU4�,h SCE NOT RE010RED 4jorka lribe(pzl N-2026-091 WORK NiAY Pt OCTED CITY CLERK MAYOR ��. Hrii O LUL6 * CITY MANAGER Valerie Amezcua r!i .r .,;�.. Alvaro Nunez MAYOR PRO TEM -':3 CITY ATTORNEY David Penaloza Sonia R.Carvalho COUNCILMEMBERS CITY CLERK Phi!8acerra Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA CITY ATTORNEY'S OFFICE 20 Civic Center Plaza I PO Box 1988 Santa Ana,California 92702 rv_ww.santa-ana.om April 15, 2026 Englander Knabe Allen & Associates LLC 2335 E. Colorado Blvd., Suite 115-107 Pasadena, CA 91107 Dear Kellie Hawkins, Letter Agreement for Mediation Services This letter shall be our Agreement ("Letter Agreement") regarding the mediation services ("Services") to be provided by Englander Knabe Allen & Associates LLC ("Consultant") as an independent contractor to the City of Santa Ana (the "City") in relation to General Litigation. The Services to be provided to Santa Ana City Attorney's office are confidential under attorney client privilege. The Services to be provided include the review and analysis of the facts and circumstances giving rise to the existing litigation and provide communication services. The term of this Letter Agreement shall be from April 15, 2026 to April 14, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Consultant shall perform all Services under this Letter 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 shall be maintained throughout the term of this Letter Agreement. Compensation shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the hourly rate described in Exhibit A, attached hereto and incorporate by reference, The total compensation shall not exceed fifteen thousand dollars ($15,000) without written approval of the City Manager. Page 2 of 3 Consultant's invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City Attorney's office as performance of the Services progresses. The City shall review and pay the approved charges on such invoices in a timely manner, The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before Project completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Letter Agreement only upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Finally, Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee, or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Orange County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et, sea prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's fees, as determined by the court. Page 3 of 3 Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder, Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating two originals where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. CITY OF SANTA ANA ENGLANGER KNABE ALLEN & ASSOCIATES LLC Approved by: Reviewed and Accepted by Consultant: � Docu5ig ned 6y: Sonia R_ Carvalho '�' City Attorney Kellie Hawkins Attest: Kellie Hawkins Print: Y Jenni I f-°° Managing Partner City Cl r 4/16/2026 Date Exhibit A Compensation Current Rates — Hourly Client Work Hourly work is billed on a%-hour basis. Partner $500/hr Executive Vice President $475/hr Senior Vice President $450/hr Joint Venture Partner $450/hr Vice President $400/hr Director $375/hr