HomeMy WebLinkAboutJONES AND MAYERN-2024-122
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Became
Johnathan Ryan Hernandez
David Penaloza
Thal Met Phan
Benjamin Vazquez
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: MAR Z 8 ZOZ4
James Touchstone, Esq
Jones and Mayer
3777 North Harbor Blvd.
Fullerton, CA 92835
CITY OF SANTA ANA
CITY ATTORNEYS OFFICE
20 Civic Center Plaza • P.O. Box 1988
Santa Ana, California 92702
wwrmsanta-ana.ora
January 2, 2024
INTERIM CITY MANAGER
Thomas R. Hatch
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
Re: Letter of Agreement for Expert Legal Training Services Dear Mr. Touchstone:
This letter shall be our Agreement regarding the legal training services described below
("Services") to be provided by Jones and Mayer ("Consultant") as an independent contractor to the
City of Santa Ana ("Santa Ana"). This Agreement is for the purpose of engaging Consultant to
provide professional legal training services related to internal affairs investigations and procedures
within California police departments, as well as civilian review investigations and audits of police
departments for Santa Ana's Police Oversight Commission. The Services to be provided are more
particularly described in the Scope of Services and Compensation attached hereto as Exhibit "A"
and incorporated herein by reference.
Consultant shall perform all Services under this Letter of 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 that such
licenses and approvals shall be maintained throughout the term of this Agreement. Compensation
for the above services shall be billed at the rates identified in Exhibit A and shall not exceed
Twenty -Five Thousand Dollars ($25,000.00). All invoices shall be submitted directly to Santa Ana.
Santa Ana shall pay the invoices within 60 days after an invoice.
Services on the Project shall begin when requested in writing and shall be completed by the
deadline provided by our office, unless extended by the City Attorney's office in writing. Santa
Ana may terminate this Letter of Agreement at any time with or without cause. If Santa Ana finds
it necessary to terminate this Letter of Agreement without cause, Consultant shall be entitled to be
paid in full for those Services adequately completed prior to the notification of termination.
Consultant may also terminate this Letter of Agreement without cause.
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Consultant shall indemnify and hold Santa Ana, its officials, officers, employees, agents and
volunteers, free and harmless from any and all claims, demands, causes of action, expenses,
liabilities, losses, damages and injuries to property or persons, including wrongful death, to the
extent caused by or arising out of any negligent acts or omissions or willful misconduct of
Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or
in connection with the performance of the Services under this Agreement, including, without
limitation, the payment of reasonable attorney fees and other related costs and expenses.
Consultant's services are for purposes of assisting and training the Santa Ana Police Oversight
Commission on selected topics described more fully in Exhibit A, and are thus subject to a variety
of privileges, including the attorney work product privilege. If Consultant receives from Santa Ana
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 Santa Ana.
If you agree with the terms of this Letter of Agreement, please indicate by signing and dating
where indicated below. An original, executed copy of this Letter of Agreement is enclosed for
your records.
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Interim City Manager
ATTEST.
SANTA ANA CITY COUNCIL
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EXHIBIT "A"
SCOPE OF SERVICES AND COMPENSATION
Scope of Services
Consultant shall provide City with the following services:
A. Provide training sessions to members of the Santa Ana Police Oversight Commission that
includes the following topics:
I. Constitutional rights and civil liberties
2. Procedural rights and confidentialities afforded to police officers by California law
(including, but not limited to, Government Code Section 3300 et seq., Penal Code
Sections 832.7 and 832.8, and Evidence Code Sections 1040-1043)
3. State use of force standards
4. Police union contracts
5. Labor rights
Compensation
Hourly Rate
Partners, Associates, & Of Counsel: $300.00 per hour
Paralegals: $125.00 per hour
SANTA ANA CITY COUNCIL
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