HomeMy WebLinkAboutSOLOMON, STEPHEN HOWARD 5 -2013INSUR,°" E ON FILE N-2013-025
1'J'AK Mi, i PROCEED
Uhlk INSURANCE EXPIRES
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CLERK OF COUNCIL PROFESSIONAL SERVICES AGREEMENT
DATE:
0 P CB 1 0 20 IS AGREEMENT made and entered into this //_54 day of (Ikuy 20J33 by
and between StAn H. Solomon (hereinafter "Contractor"), and the City bf Santa Ana, a charter
r?Q city and municipal corporation organized and existing under the Constitution and laws of the
'2CJy-)aa State of California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field
of arbitration and mediation to provide professional administrative hearing services.
B. Contractor represents that Contractor is able and willing to provide such services to
the City.
C. In undertaking the performance of this Agreement, Contractor represents that she is
knowledgeable in the field and that any services performed by Contractor 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:
SCOPE OF SERVICES
Contractor will provide professional Administrative Hearing services for the City of
Santa Ana Community Preservation Department and Public Works Department, as set forth
Exhibit A. Said hearings may include Vehicle Abatement, Administrative Citation Appeals, and
Alternative Public Nuisance Abatement. Administrative Hearing officer services may be utilized
by other agencies within the City of Santa Ana.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total stun to be expended for Administrative
Hearing Services provided by all contracted Hearing Officers shall not exceed $10,000.00 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 January 1, 2013 and terminate on December 31,
2013, 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, the Executive Director of the Public Works Agency and the City Attorney
and Contractor.
4. INDEPENDENT CONTRACTOR
Contractor 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Contractor 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, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, Contractor 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, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
c. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor 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.
6. INDEMNIFICATION
Contractor 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 Contractor 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.
CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor 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 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:
and
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 Contractor: Steven H. Solomon
17853 Santiago 4107-188
Villa Park, CA 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
Contractor, 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 Contractor. The parties agree that any terns 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 Contractor 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 partywhich are not
embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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 contractors retained by City.
12. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor 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 Contractor to deliver
to the City written Findings and Determination for any case in which Contractor has served as a
hearing officer, and in such case such Findings and Determination shall be the property of the City
umless prohibited by law, and Contractor 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
Contractor 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. Contractor 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
Contractor 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. Contractor 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
4D-j4V ''
M ARIA D. IIFTIZAR
Cierk of the Council
CITY OF SAYTA ANA
Kevin O'Rourke
Interim City Manager
APPROVED AS TO FORM:
SONIA or V
PRI
City torn i
By:
Ryan odg
Assistant CM Attorney
CONTRACTOR
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S E EN H. SOLOMON
TaxID#
RECOMMENDED FOR APPROVAL
JAY\.M. TREVINO
Executive Director
Planning & Building Agency
RA GODINEZ I.E.
Executive Director
Public Works Agency
SCOPE OF SERVICES
EXHIBIT A
1. Background
In order to provide effective and expeditious hearings to individuals cited for violation of the Santa
Ana Municipal Code, the City would like to develop a list of Hearing Officers to conduct administrative
hearings regarding alleged violations of the City's Municipal Code. In an effort to streamline the
hearing process, the City proposes to establish a list of qualified hearing officers than can be assigned
as needed on a rotating basis.
Contractor shall conduct Administrative Hearings for the City of Santa Ana. Primarily the Contractor
will hear administrative citation appeals, alternative nuisance abatement proceedings and vehicle
abatement proceedings associated with action of the City's Planning and Building Agency. Contractor
may be asked to provide administrative hearings for other City Agencies.
The Hearing Officer will be charged with making a just determination as to whether a municipal code
was violated, whether the property owner is still in violation, and will also make determinations as to
whether the process for the abatement of a nuisance, including inoperative vehicles, will move
forward. Hearings will be held in accordance with the City of Santa Ana Municipal Code sections 1-
21.8, 16-119, 17-105, 17-108, and 17-135.
II. General Information
It is the intent of the City to establish a list of qualified Hearing Officers. The actual number of hearing
officers to be utilized will depend on the total number of qualified candidates established by the
proposal process, and the number of hearings to be provided.
A. When appropriate, the City will provide forms and information in its possession relevant to
the conduct of a fair hearing, including but not limited to Notices of Violation, Administrative
Citations, and Vehicle Abatement Notices.
B. The Hearing Officer shall be responsible for the review of documents provided by the City
prior to the hearing.
C. All documents and other products used or developed during preparation for a hearing will
become the property of the City.
• Contractor shall preside over the City's administrative hearings. Contractor will be required
to independently evaluate the facts of each case and make a determination as to the merits
of that case based upon the information presented at the hearing and the Santa Ana
Municipal Code. The Hearing Officer must be experienced and knowledgeable in
administrative hearing procedures. The Hearing Officer shall be responsive and maintain
excellent working relationships with property owners, residents, business representatives,
and City staff. Contractor's service will include preparation of finding of facts, hearing
dispositions, billing statements, and other documents as necessary.
Job Requirements for Administrative Hearing Officers
A. A hearing officer must be independent and impartial. In this regard, a hearing officer may not:
1. Be an employee of the City of Santa Ana or any public agency that is involved in
testifying at a hearing; be a member of any board of commission of the City of Santa
Ana;
2. Have a personal or professional interest that would conflict with his or her objectivity in
the hearing;
B. All hearings will be conducted at Santa Ana City Hall, at dates and times to be determined by the
City.
C. A hearing officer must possess the necessary support and equipment to perform his/her duties
as a hearing officer. At a minimum, the hearing officer must have and maintain in good working
order (1) a telephone (monitored during business hours by a secretary, answering service or
answering machine or system); (2) a facsimile machine; (3) a personal computer, with internet
service, running Windows and Microsoft Office compatible software; and (4) an electronic mail
address.
D. A hearing officer must possess standards of neutrality and confidentiality.
E. A hearing officer must organize and maintain individual case files along with detailed records of
activity on each case, such as research, drafting of orders, decisions, and correspondence.
F. A hearing officer must comply with all legal and contractual timelines, including but not limited
to:
1. Rendering a final written decision, including findings of fact disposing of all issues raised
by the parties in a hearing not later than the 10`h day following the date of the hearing;
2. Mailing the final written decision to the appellant, with a copy to the City, on the date
the decision is rendered;
3. Returning individual case files to the City within 30 days of rendering a final decision.
The files which must be organized and maintained by the hearing officer are the
property of the City of Santa Ana and must be maintained in accordance with the
Agency's record retention schedule. It is therefore imperative that the files are returned
to the Agency within 30 days of the date of the issuance of the final decision.
4. Upon notification that the agency has received a request for a document pursuant to
the public information act, the relevant document must be provided to the City
immediately.
G. The hearing officer shall prepare and submit to the Planning and Building Agency by the fifth of
each month a standard invoice detailing the activities and expenses by case. An invoice template
will be provided. Payment for services and reimbursement of expenses by the City to the hearing
officer are further conditioned upon:
1. The reasonableness of the amount of time spent by the hearing officer on the case(s) for
which the hearing officer is seeking payment/reimbursement;
2. The hearing officer's timely submission of reasonable and acceptable documentation
supporting all expenses being claimed by the hearing officer; and
3. The hearing officer's prompt return to the City of all file materials relating to closed
cases,
4. Contractor's services will be billed to the nearest quarter hour.
H. Providing hearing officer services to other clients is not barred so long as the hearing officer does
not decline the request for hearing services more than two consecutive times; specifically, the
hearing officer must:
1. Maintain the ability to respond to requests for hearings and prehearing motions within
24 hours;
2. Meet all applicable time lines; and
3. Demonstrate that such outside practice does not conflict with contractual work with the
City of Santa Ana.
1. Comply with the decision format requirements set by the City pursuant to the rules governing a
hearing officer's decision as per SAMC 1-21.8, 16-119, 17-105, 17-108, and 17-135. The decisions
of the hearing officer must include formal findings of fact, and meet in all respects the minimum
requirements applicable to the decisions of executive agencies conducting contested cases.
J. There is no guarantee as to the number of cases that will be assigned to a hearing officer. The
City anticipates that it will establish a list of qualified hearing officers and assign hearings all on a
given date based on a rotation of the names on the list.
COMPENSATION
City agrees to pay and Contractor agrees to accept as total compensation for all services and costs, a rate
of $100.00 per hour, to the nearest quarter hour, for all hearing officer services provided to City. Said
services include review of the materials provided by City, holding of the hearing and providing findings
and determination. City will not pay costs associated with providing hearings including City validating
parking receipts for the time that hearing officer is performing services for City and travel time to and
from the hearing site.
AN, 21,2012 20:39 EMBER STITES 9492669191 Page 1
CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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CERTIFICATE HOLDER _ CANCELLATION
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VERIFICATION OF INSURANCE'
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We the undersigned insurance brokers, herebyy certifyy that the following described insurance is in force at this
date of which --LOU_ percent is Insured with UNISERWRITERS AT LLOYD'S, LONDON
NAME AlyD ADD QBRL?I
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P.O. Box 61644
Irvine, CA 92602
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4471 Henderson Way
Villa Park, CA 92861
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#2 - Small Additional and Return Premiums Clause NMA 1168
#3 - Radioactive Contamination Exclusion Clause NMA 1477
#4 - Nuclear Incident Exclusion Clause NMA 1256
#5 - Arbitration Proceedings Exclusion AIF 2640
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Retroactive Date: NONE
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hie is a four page L7r#rtificate.
City of Santa And Civic Canter
20 Civic Center Plaza
Santa Ana CA 92701
ICORD25(2O1)/05)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE
THE EXPIRATION DATEpOLIG THEYPREOF, NOTICE WILL BE DELNERED IN
ACCORDANCE WITH THE ROVISIONS.
AUTHORUED
01988.2010
The ACORD name and b90 are rogialered marks of ACORD
If -10
All rights reearved,
08/06/2013 10:03 FAX
NOTICE:
(6003
1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS
BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY
THE STATE OF CALIFORNIA. THESE COMPANIES ARE
CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS.
2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL
SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY
TO CALIFORNIA LICENSED INSURERS.
1 THE INSURER DOES NOT PARTICIPATE IN ANY OF THE
INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA
LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR
CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER
BECOMES INSOLVENT AND IS UNABLE TO MAKE
PAYMENTS AS PROMISED.
4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN
INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS
A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD
ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR
"SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA
DEPARTMENT OF INSURANCE AT THE FOLLOWING
TOLL-FREE TELEPHONE NUMBER: 1-80(027-4357. ASK
WHETHER OR NOT THE INSURER IS LICENSED AS A
FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND
FOR ADDITIONAL INFORMATION ABOUT THE INSURER.
YOU MAY ALSO CONTACT THE NAIL'S INTERNET WEB SITE
AT WWW.NAIC.ORG.
S. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN
THE UNITED STATES AND YOU MAY CONTACT THAT
STATE'S DEPARTMENT OF INSURANCE TO OBTAIN MORE
INFORMATION ABOUT THAT INSURER
6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER
SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE
UNITED STATES AND SHOULD BE ON THE NAIL'S
INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF
APPROVED NONADMITTED NON-UNITED STATES INSURERS.
ASK YOUR AGENT, BROKER OR "SURPLUS LINE" BROKER TO
OBTAIN MORE INFORMATION ABOUT THAT INSURER.
hiiulr.n`IM1R
08/08/2019 10:03 FAX
Z002
7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS
LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE
INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE
INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF
INSURANCE: WWW.INSURANCE.CA.GOV_
8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE
INSURANCE POLICY YOU HAVE PURCHASED BE BOUND
IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE
WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR
BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE,
WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE
THIS DISCLOSURE FORM AND A REQUEST FOR YOUR
SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE,
YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN
DIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU
CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED
AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE
WILL BE RETURNED TO YOU.
D-2 (Effective July 21, 2011)
hineeri'138
08/08/2013 10:03 PAX
Certificate of Insurance
STEPHEN H. SOLOMON
Policy Number: 8V743
Subject to all ky terms, conditions exclusions and endorsements of the policy. The City of Santa Ana is
listed as an a ddpoitional inured but only per the terms and conditions of the endorsement generated and subject
to all policy terms, conditions, exclusions, and endorsements,
SURPLUS LINES NOTICE TO POLICYHOLDER - PLEASE SEE ATTACHED
Lawrence T.P. Molloy
U004
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