HomeMy WebLinkAboutRANESES, MICHAELINSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
N-2022-041
AGREEMENT WITH MICHAEL RANESES TO PROVIDE ADMINISTRATIVE HEARING
A maAa, T0✓eS(P��l (Y) SERVICES
N THIS AGREEMENT is made and entered into on this 18th day of February 2022 by and between Michael
eC=�.� Raneses ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized
L_ and existing under the Constitution and laws of the State of California ("City").
W RECITALS
A. The City desires to retain a contractor having special skill and knowledge to serve as a neutral
administrative hearing officer and provide on -call professional administrative hearing services for
the City.
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 it is knowledgeable
in its 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:
1. SCOPE OF SERVICES
Contractor shall provide on -call administrative hearing services as the direction of the Executive
Director of the Planning and Building Agency. Contractor shall perform during the term of this
Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental
customary work required to fully and adequately complete the on -call administrative hearing services as
further described in Exhibit A, attached hereto.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City,
the rates and charges identified in Exhibit A. The total amount to be expended during the term
of this Agreement shall not exceed Forty -Nine Thousand Dollars and Zero Cents ($49,000).
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work that 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 April 23, 2022 and terminate on April 22, 2024, unless
terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended
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for one (1), one (1) year period upon a writing executed by the City Manager and City Attorney.
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, ajoint 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. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the
legal right to license any and all Documents & Data. Contractor makes no such representation and
warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
Commercial General Liability (CGL): Insurance Services Office Form
CG 00 01 covering CGL on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregatelimit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto
(Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -
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owned autos (Code 9), with a limit no less than $1,000,000 per accident for
bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less
than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors & Omissions): Consultant is required to
carry insurance appropriate to the Consultant's profession, with a combined
single limit of not less than $2,000,000 per claim with $2,000,000 in the
aggregate.
5. Broader Coverage: if the Contractor maintains broader coverage and/or
higher limits than the minimums shown above, the City requires and shall
be entitled to the broader coverage and/or the higher limits maintained by
the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished
in connectionwith such work or operations. General liability coverage can
be provided in the form of an endorsement to the Contractor's insurance (at
least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CO 20
37 if a later edition is used).
Primary Coverage: For any claims related to this contract, the Contractor's
insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any
right to subrogation that any insurer of said Contractor may acquire against
the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect
this waiverof subrogation, but this provision applies regardless of whether
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or not the City has received a waiver of subrogation endorsement from the
insurer.
Self -Insured Retentions: Self -insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase
coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within
the retention. The policy language shall provide, or be endorsed to provide,
that the self -insured retention may be satisfied by either the named insured
or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M. Best's rating
of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements
(or copies of the applicable policy language effecting coverage requiredby
this clause) and a copy of the Declarations and Endorsement Page of the
CGL policy listing allpolicy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work
beginning shall not waive the Contractor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications,
at any time.
8. Subcontractors: Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors.
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
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damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
8. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this
Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Contractor under this Agreement.
9. 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.
10. 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.
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11. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Contractor affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
12. 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 an authorized
representative of Contractor. 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 Contractor or 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 is not embodied herein.
13. 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.
14. TERMINATION
This Agreement may be terminated by the City 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 all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless 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.
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15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
16. 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.
17. 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.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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.
19. 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 snail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
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N-2022-041
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Planning & Building Agency
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-5635
To Contractor:
Michael Raneses
PO Box 3124
Tustin, CA 92781
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
fax, 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[signatures continued on next page]
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _
BraWron Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Q `
Minh Thai
Executive Director
Planning & Building Agency
CONTRACTOR:
Michael Raneses
Page 9 of 9
EXHIBIT A
Michael Raneses I Administrative Hearings
PO Box 3124 Tustin, CA 92781
January 18, 2022
City of Santa Ana
Planning and Building Agency
Sergio Verino - Code Enforcement Principal
20 Civic Center Plaza, M19
Santa Ana, CA 92701
Dear Mr. Verino,
I am submitting the following information for your consideration of my continuing as an
Administrative Hearing Officer for the City of Santa Ana:
Experience
Please see attached resume.
Scope of Work
Provision of a full range of Administrative Hearing Officer services for any and all
aspects of the Santa Ana Municipal Code authorizing such services.
Availability
I am available to serve as a Hearing Officer whenever needed.
Fee Schedule
I request a fee of $130 per hour for time spent in case preparation and research,
conducting hearings, and for preparation of necessary reports following hearings
Term of Contract
This proposal for services is for a two-year term from the effective date of the
agreement with an additional one-year extension with written City approval. This
agreement amount is $49,000.
Mr. Verino, I appreciate your considering my application. I look forward to continuing to
serve as an Administrative Hearing Officer for the City of Santa Ana.
Best Regards,
�?ZcciLCLoe
Michael Raneses
Administrative Hearing Officer
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Michael Raneses
Name:
Project
N-2022-041
Number:
Project Agreement With Michael Raneses To Provide Administrative
Name: Hearing Services
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
EXPIRATION COI FILE
TYPE OF INSURANCE POLICY NUMBER
DATE DATE NAME
Raneses
AUTOMOBILE LIABILITY WAIVER 11/01/2024 11/13/2023
Auto.pdf
MICHAEL
RANESES
GENERAL LIABILITY P1000779646 02/01/2024 07/18/2023
COI Exp
02.01.24.pdf
MICHAEL
RANESES
PROFESSIONAL LIABILITY EONCAFL55700032 02/06/2024 11/14/2023
COI Exp
02.01.24.pdf
MICHAEL
WORKERS COMPENSATION AND
WAIVER 09/27/2024 11/13/2023 RANESES
EMPLOYERS' LIABILITY
WC.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
11/14/2023 6:56 PM
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Michael Raneses
Name:
Project
N-2022-041
Number:
Project Agreement With Michael Raneses To Provide Administrative
Name: Hearing Services
The Certificate of Insurance (COI) submitted indicates that the coverages comply
with the insurance requirements.
The compliant coverage(s) are:
TYPE EXPI
COI
OF POLICY RATI
DATFILE NAME
INSURNUMBER ON
E
ANCE DATE
AUTOM
11/1
OBILE 11/01/2
WAIVER 3/20Raneses Auto.pdf
LIABILI024
23
TY
GENER
12/0GL_ADDITIONALINSURED_ACORD_TheCityofSantaAna_itso
AL P1000779602/01/2
2/20fficers_officials_employees_andvolunteers_02_01_2024_P100077
LIABILI47 025
23 964-1461560072956.PDF
TY
PROFES
EONCAF102/0
SIONAL 02/06/2
5570003206/20Michael+Raneses-+Renewal+E&O+24-25.pdf
LIABILI025
05 24
TY
WORKE
RS
COMPE11/1
09/27/2
NSATIOWAIVER 3/20MICHAEL RANESES WC.pdf
024
N AND 23
EMPLO
YERS'
TYPE EXPI
COI
OF POLICY RATI
DATFILE NAME
INSURNUMBER ON
E
ANCE DATE
LIABILI
TY
No further action is required at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
2/5/2024 7:41 PM
CzDzouijbNpsbbu21;46bn-Pdu3:-3135
CzDzouijbNpsbbu21;46bn-Pdu3:-3135
CzDzouijbNpsbbu21;47bn-Pdu3:-3135