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Home My WebLink AboutPYKA, LENHARDT, SCHNAIDER, ZELL, A PROFESSINAL CORPORATION - 2014r ' c� IHSt4tWr k C)N FILL WORK MAY PROCEED aNI tt_ INSURANCE I xl l l€ 1.. 6fiE: Id 4 -fy ' SPECIAL LEGAL COUNSEL SERVICES AGREEMENT A -2014 -152 This AGREEMENT, made and entered into this S day of June, 2014, by and between Pyka, Lenhardt Schnaider & Zell, LLR, a California Professional Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City "). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of tort defense and desire to undertake said services. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept Ifom. City; as and for payment in full for all of said services in regard to each such action, compensation at the rate of $175 an hour for attorney billing. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of= pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services perfonned, dates and number of hours, and an itemization of expenses related thereto, 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all sig'ni'ficant developments in matters relating to any representation . undertaken by Attorneys. Attorneys farther agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. TERM The term of this Agreement shall commence on the date first written above and terminate two (2) years from said commencement date, unless terminated earlier pursuant to Section 13 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 7. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 2 10. 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, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Pyka, Lenhardt, Schnaider & Zell, LLP 837 North Ross Street Santa Ana, California 92702 Facsimile: (714) 667 -7806 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 3 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. MISCELLANEOUS PROVISIONS 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. // // 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: d5�/W1Gi Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager PYKA, LENHARDT, SCHNAIDER & ZELL.LLP By: Nan Titl( Tax August 21, 2014 Laura A. Rossini, Esq. Senior Assistant City Attorney CITY OF SANTA ANA 20 Civic Center Plaza, M -29 P.O. Box 1988 Santa Ana, CA 92702 Re: Peter Lvldus vs. Rene Cervantes, City of Santa Ana, et al USDC Case No. SACV -14- 00674- CJC(JCGx) Date of Loss: May 1, 2012 Dear Ms. Rossini: Enclosed are the two original Special Legal Counsel Services Agreement signed by Mr. Lenhardt. I am also enclosing hard copies of the firm's W -9 and a Certificate of Liability Insurance. Please return a signed copy of the Agreement to our offices when you have obtained all of the necessary signatures. Thank you. Very truly yours, DPL:jwe Enclosures ZELL W9CASES\3145 - Lykins v. Cervantes \MajCorr\3145 - 140821 -Fwd Service Agreement.doex LAW OFFICES OF cuILLERNIO W SCIINMDER PYKA • LENHARDT TEL: 714. 83 5.9011 A.1. PYKA DAVID P. LENHARDT SCxNAmER •ZELL FAX: 714.667.7806 DON H ZELL W W W.PLSZLAW.com EVELYN LEVINE SOLIS MSTADAWAINS A PROFESSIONAL CORPORATION DANIEL I. OLCZ IN REPLY REFER TO: PRANCOIS AURO CAEISSA CASOLARI Our File No. SA 3145 DREW D. HELMS P.O. BOX 1559 -857 N ROSS ST. a SANTA ANA, CA 92702 -1559 DLenhardt @plszlaw.com August 21, 2014 Laura A. Rossini, Esq. Senior Assistant City Attorney CITY OF SANTA ANA 20 Civic Center Plaza, M -29 P.O. Box 1988 Santa Ana, CA 92702 Re: Peter Lvldus vs. Rene Cervantes, City of Santa Ana, et al USDC Case No. SACV -14- 00674- CJC(JCGx) Date of Loss: May 1, 2012 Dear Ms. Rossini: Enclosed are the two original Special Legal Counsel Services Agreement signed by Mr. Lenhardt. I am also enclosing hard copies of the firm's W -9 and a Certificate of Liability Insurance. Please return a signed copy of the Agreement to our offices when you have obtained all of the necessary signatures. Thank you. Very truly yours, DPL:jwe Enclosures ZELL W9CASES\3145 - Lykins v. Cervantes \MajCorr\3145 - 140821 -Fwd Service Agreement.doex Client #: 741023 PYKALENH ACORD. CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDNYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 7/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER kRAJ4CT Stephanie Lanzas Hub International PN °NE— 877 825 -2681 957 237.2572 AIC Nc E #: NO No: HUB Int'I Insurance Serv. Inc. _ nooaless: CaI,C PU @hubinternational.com 4371 Latham Street #101 EACH OCCURRENCE $ INSURER(S) COVERAGE NAIL# Riverside, CA 925D1 I surd ce INSURERA: U.S. Specialty Insurance Compan 29599 INSURED INSURER S: PREMISES Ea occurrence Pyka Lenhardt Schneider &Zell , 637 N. Ross Street INSURER C: Santa Ana, CA 92701 INRER e: MED EXP(Any one erson) $ PERSONAL S ADV INJURY $ INSUSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REIDIUyyC��EppDp BY PAID CLAIMS, ILTpR TYPE OFINSURANCE NSR WVD POLICY NUMBER MMIDDIYWY MMSDIiyW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS -MADE E OCCUR MED EXP(Any one erson) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ $ POLICY ] PE RO) n LOG _ _ AUTOMOBILE LIABILITY APPROVED AS TO FORM Eo.oddeD51NGLE LIMIT BODILY INJURY (Per person) $ ANYAUTO ALLOWNED SCHEDULED AUTOS BODILY INJURY (Per sooldent) $ PROPERTY DAMAGE Per accldent $ NON-OWNED HIRED AUTOS AUTOS Laura A. R ss1n1 $ UMBRELLA LIAB OCCUR 1 ssis an y ttor ey EACH OCCURRENCE $ AGGREGATE $ EXESS LIAB CLAIMS -MADE OECD RETENTION $ I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A OOVLIMITS DTH ER E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Lawyers PL211300001212 9/28/2013 19/28/2014 $3,000,000 Each Claim Professional $4,000,000 Aggregate Liability DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Verification of Insurance. For Insured's Informational Purposes Pur Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2653367/M2448884 MG42 PYKALEN -01 ILENG .A�C"RL' CERTIFICATE OF LIABILITY INSURANCE, DATE (MNAIDD1YYYwy THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON'FE'RS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI"T"UTE A CONTRACT BETWEEN' ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed'. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the _ certificate holder in lieu of such endorsement(s), .._ PRODUCER License # 0757776 HUB International Insurance Services Inc, P. O. Box 5345 Riverside, CA 92517 CONTACT NAME: Stephanie Lanzas PHONE FAX (A)C No E> t : (951) 779 -8562 E-MAIL ADDRESS: Cal.CP'U@Hubinternational,com INSURERIS) AFFORDING COVERAGE -.d. NAIL # INSURER A: Travelers Casualty & Surety Company of America '31194 1010112015 INSURED INSURER B : Travelers Property Casualty Company of America '25674 INSURER C : New York Marine & General Insurance 16608 Pyka Lenhardt Schnaider & Zell', _ INSURER D:__ MED EXP lAny one person) 837 N. Ross 'Street Santa Ana, CA 92701 INSURER E _ INSURER F: _ COVERAGES CERTIFICATE NUMBER: R1= VISII7N NI1MRRP. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS., ..�..� _JADM INSR LTR TYPE OF INSURANCE INSD SUER WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY. LIMITS A X COMMERCIAL.. GENERAL LIABILITY CLAIMS-MADE Al OCCUR 680313998588 1010112015 10/0112016 EACH OCCURRENCE. S 1,000,000 R MiSFS I�Ea �cclU nee s 300,000 MED EXP lAny one person) $ 5,000 _ PERSONAL& ADV INJURY '..... S 1,000,000 GEN "L AGGREGATE LIMIT APPLIES PER JECT LOG (POLICY �� PRO- 1:1 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGO $ 2 „000,000 S - OTHER: - AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT' $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON - OWNED HIRED AUTOS AUTOS PROPERTYDAMAGC. Per accidenl} $ UMBRELLA LIAB X. OCCUR EACH OCCURRENCE. $ 5,000,000 AGGREGATE $ 5,000 „000 B EXCESS LIAi6 CLAIMS -MADE CUP3C999536 1010112015 10101/2016 DED �+ RETENTION $ 0 -� -- WORKERS COMPENSATION AND EMPLOYERS” LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE � OFFICERIMEMBER EXCLUDED? NIA ...., PER T"- STATUTE OR E. L. EACH ACCIDENT $ E.. L„ DISEASE - EA EMPLOYEE -- $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below C 'Lawyers PROF LAIR PL201500001212 0912812015 0912812016 DED:$25,000 1 Occr. 3,000,000 C PL201600001212 0912812015 09/2812016 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 141, Additional Remarks Schedule, may be attached if more space is required) Revised 08117116 - This certificate supersedes any and all prior certificates issued on behalf of the named insured. For Information Purposes Only. Al"j'HO°d' D AS TO F III( I-aura A. Rossini CERTIFICATE HOLDER CANCELLATION' .-3c Yltbr 1- 1NIwaalit 1-,I"y mI®tfflm .•* f ACORD 25 (2014101) @ 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza M,29 ACCORDANCE WITH THE POLICY PROVISIONS. Post Office Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 ACORD 25 (2014101) @ 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD