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Home My WebLink AboutALVAREZ-GLASMAN & COLVIN (NOEL TAPIA, ATTORNEY AT LAW)-2015Q e qa„ , JUN 1 6 2015 N- 2015 -103 MAYOR Miguel A. Pulldo MAYOR PRO TEM , �� 14URANCE NOT ON FI I t° CITY MANAGER David Cavazos CITY ATTORNEY Vincent F. Sarmiento COUNCILMEMBERS WORK MAY NOT FROM ,« jj '�ai� it Sonia R, Carvalho CLERK OF THE COUNCIL Angelica Amezcua CLERK OF COUN IL Marla D. Huizar P, David Benavides Michele Martinez DATE: JUN 1 2015 Roman Rayne -- SalTlnajero CITY OF SANTA NTA A N A PLANNING & BUILDING AGENCY 20 Civic Center Plaza P.O. Box 1988 . Santa Ana, California 92702 www.santa-ana.org/pba May 26, 2015 Noel Tapia, Attorney at Law Alvarez - Glasman & Colvin 13181 Crossroads Pkvvy North Suite 400 — West Tower City of Industry, CA 91746 Re: Letter Agreement for Lyon Appeal Dear Mr. Tapia: PARTIES: This letter shall be our agreement ( "Letter Agreement') regarding the hearing officer services described below ( "Services ") to be provided by Noel Tapia, Attorney at Law, a partner of the law firm of Alvarez - Glasman & Colvin ( "Contractor "), as an independent contractor to the City of Santa Ana ( "City") for the Lyon Appeal involving the property address of 1901 E. First St., Santa Ana, California. Contractor is retained as an independent contractor and is not an employee of the City. SERVICES; SCHEDULE OF PERFORMANCE: The Services to be provided include the following: perform all necessary services for the Planning and Building Agency involving the Lyon Appeal relating to the property address of 1901 E. First St., Santa Ana, California, Services on the Project shall begin immediately and shall continue on as as- needed basis through the conclusion of the Lyon Appeal involving the property address of 1901 E. First St., Santa Ana, California, unless extended by the City in writing. It is expressly understood, aclmowledged and agreed that Contractor is hired to provide legal services to the Planning and Building Agency involving the Lyon Appeal, The City reserves the right to hire other legal counsel to assist with and /or in place of in the legal services necessary for the Lyon Appeal and in no case shall City hire or assign other legal counsel based upon the outcome of this matter. SANTA ANA CITY COUNCIL Miguel A. Pulido Mmcent F. Sarmlemo Michele Marinoz Angelica Amezeva P. David Benavides Roman Room Sol runjero Mayor Mayor Pro Tam, Ward 1 Word Word Word Word Ward MPUI'doroesanla ana.ora VSarmlenlonu sad - e3�2r9 Mldarlinez(�sante -ena.-rq Muraycuo(olsanta-ana or DBe iaL fides [ni aanta ana.oro ftRev ia(dsaNn- ena.or9 $T -na en) u to an Noel Tapia, Attorney at Law Alvarez- Glasman R Colvin Re: LetlerAgreemen {/brLyarAppeal Page 2 STANDARD OF CARE: Contractor 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. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Set-vices, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement. COMPENSATION: Compensation for the above services shall be based on the actual amount of time spent in performing the Services, and shall be billed at the hourly rate of $285 for partners, $250 for senior associates and $220 for all other associates. The total compensation shall not exceed Twenty -Five Thousand Dollars ($25,000) without prior written approval of the City Council. Contractor's invoice shall include a detailed description of the Services performed. Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely marmer. COSTS AND OTHER CHARGES. In General - Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include fees fixed by law or assessed by public agencies, telephone charges, messenger /delivery fees, postage, photocopying, travel costs (including parking, meals, hotel), investigation expenses/ consultants fees and other similar items. Costs will be billed at the following rates: Facsimile: $0.50 per page Photocopies: $0.25 per page Mileage: $0.58 per mile Travel (non -local air): as charged by airline Court filing fees: as charged by court Personal service, etc.: as charged by process server or attorney service Postage, long distance telephone, and out -of pocket expenses are billed at cost SANTA ANA CITY COUNCIL Migeel A. PAdo Vinceril F. Sarmienlo Michele Martinez Angelica Amezcue P. David Hdrimades Raman Rayne Sal Tinajero Mayor Mayor Pro' I am, Ward 1 Ward Ward Ward Ward5 Ward6 MPNl&P,sanle- ana.oro VSarmlenlo(olsanla -ana ora MMadinezfotsanla- ana.ora AAmezcua(n?sanla a g Da 'tl I RR fil I - ST= najerofasanla -ana ory Noel Tapia, Attorney at Law Alvarez- Glasman & Colvin Re: Letter Agreenenifor Lyon Appeal Page 3 INSURANCE: If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers' compensation coverage for such employees, which meets all requirements of state law. Contractor shall also provide errors and omissions professional liability insurance appropriate to its profession and in the amount of at least $1,000,000 per claim and $3,000,000 aggregate, with conditions and for a tenm acceptable to the City. TERMINATION: The City may terminate this Letter Agreement with cause, provided that cause shall not include the outcome of prior decisions. If the City finds it necessary to terminate this Letter Agreement before Project completion, Contractor shall be entitled to be paid in full for those Services completed prior to the notification of termination. Contractor may terminate this Letter Agreement upon 30 calendar days' written notice to the City INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Letter Agreement, including without limitation the payment of all consequential damages, expert witness' fees and attorneys' fees and other related costs and expenses. Contractor's obligation to indemnify shall survive expiration or termination of this Letter Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers, hi no event shall a decision of Contractor on a particular hearing be considered grounds for Contractor liability or indermufication by Contractor under this Letter Agreement, DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of the case or legal work which Attorney performs for Client. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of any matter which Attorney discusses with client, including continents about the outcome of case(s) or legal work which Attorney performs for Client are expressions of opinion only. Any estimate of fees given by Attorney shall not be a guarantee, Actual fees may vary from estimates given. ENTIRE AGREEMENT, This Agreement contains the entire agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be binding on the parties. SANTA ANA CITY COUNCIL Miguel A. Pulido Vincent F. Sarmlento Michele Martinez Angelica Amezoes P. David Benavides Roman Reyna Sal Tinajero Mayor Mayor Pro l'em, We'd 1 Word Word Word Word Ward MPUWDAsanlo- area.om V_Armianto(asenla- ana.ure MMartinez(dsenta -ana o� sata. a.o a a a: oo RRev�i sTurro i2 I - Noel Tapia, Attorney at Law Alvarez- Glasman & Colvin Re: Let[er Agreementfir Lywl Appeal Page 4 ARBITRATION CLAUSE: By initialing this arbitration provision, Client and Attorney are agreeing to have any and all disputes (except where Client may request arbitration of a fee dispute by the State Bar or local bar association as provided by California Business & Professions Code Section 6200, et seq,), that arise out of or relate to this Agreement, including but not limited to claims of negligence or malpractice arising out of or relating to the legal services provided by Attorney to Client, decided only by binding arbitration in accordance with the riles of JAMS and not by court action, except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, Attorney and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with California Code of Civil Procedure Section 1283.05. In agreeing to this arbitration provision, ATTORNEY AND CLIENT ARE SPECIFICALLY GIVING UP: (I) ALL RIGHTS ATTORNEY AND CLIENT MAY POSSESS TO HAVE SUCH DISPUTES DECIDED IN A COURT OR JURY TRIAL; AND, (II) ALL JUDICIAL RIGHTS, INCLUDING THE RIGHT TO APPEAL FROM THE DECISION OF THE ARBITRATOR (S). IF EITHER ATTORNEY OR CLIENT SHOULD REFUSE TO SUBMIT TO ARBITRATION, EITHER ATTORNEY OR CLIENT MAY BE COMPELLED TO ARBITRATE UNDER CALIFORNIA LAW. ATTORNEY AND CLIENT ACKNOWLEDGE THE ABOVE, AND THAT THIS MUTUAL AGREEMENT FOR BINDING ARBITRATION IS VOLUNTARY. By initialing below, Client confirms that Client has read and understands this provision and voluntarily agrees to binding arbitration. In doing so, Client voluntarily gives up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have independent counsel review this arbitration provision, and this entire Agreement, prior to initialing this provision or signing this Agreement. iJl 1 —.. (Client Initial Here) (4ttorney Initial Here) SANTA ANA CITY COUNCIL Miguel A, Pulido Vincent F. Sermlenlo Michele Marllnaz Angelica Amozwa P. David Banavldes Raman Reynn Sal Firm. o Mayor Mayor Pro Tam, Ward 1 Word 2 Ward 3 Ward 4 Word 5 Ward 6 MPulidgesanla -ana ore YSarmlen1c@ ana -ana ore Ma ez oanla -a nn» AAmezcuaftluma- ana.Q,]r( DBenavi arAranla -are or RR eil I - STma oronaanla -ana orn Noel Tapia, Attorney tit Law Alvarez- Glasman & Colvin Re: Letter Agreement for Lyon Appeal Page 5 LAWS & REGULATIONS; EMPLOYEE/LABOR CERTIFICATIONS: Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, as well as emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD), the California Air Resources Board (CARB) or other governmental agencies. By executing this Letter Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor shall maintain records of its compliance, including its verification of each employee, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub - subcontractors and consultants performing any work relating to the Project or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Contractor's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, Contractor 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, Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subeonsultant, employee or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Contractor shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE ATTORNEY'S FEES: 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 seq, 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 SANTA ANA CITY COUNCIL Miguel A. Pulido Minced F. Sarmienlo Michele Marline, Angola. Amezaaa P. Dad Lane »des Roman Rayne Sal Tlnmem Mayor Mayor Pro Tam, Ward i Ward 2 Ward 8 Ward 4 Word 5 Ward 6 MPulido(d,ranto- ana.oro VSarmientofoleanla,ana oro MMarlinezfnlsenta- ana.or ra 06enavltles(dsanlo -a Gaon RRQna(olsgma- ana.org STinaiarofolam -ann or Noel Tapia, Attorney at Law Alvaru,Glasman & Colvin 2e: Lene),Agreentent.for Lyon Appeal Page 6 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. ASSIGNMENT; AMENDMENT: Contractor 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 wid -theld 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. [End of Text. Signature Page to follow] SANTA ANA CITY COUNCIL Miguel A. Pulido V,mmrl F. Sefmlanto Michele Martinez ivnellca Amezoua P. David DanmAdes Roman Reyna Sal Tnalero Mayor Mayor Pro Tem. Ward 1 Ward Ward Word Ward Ward MPoll,addsanla -ana oro Vlsxmienlona santeana.oro MMa inez(ojsanla -ana orn AAmezwafNSnola- ans..ra DSenoAdest)o sane- ane.om RRnyna r sent- -ana ore SIlonrOdm a- ona.or Noel Tapia, Attorney at Law Alvarez- Glasna n & Colvin Re: Leiter Agreementfor L.),onfippeat Page 7 THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: 50: Cit, C RECOMMENDED FOR APPROVAL: —4Aj VINCE FREGOS Interim Executive for Planning and Building Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR Nu� 16'1 Noel Tapia, A tome at a� v Dated: SANTA ANA CITY COUNCIL Miguel A. Polido vincenl F. Sanelenlo Michele Marllnez Angelica Amezcua P. David Donavidaa Roman Rayne Sal Tnajero Mayor Mayor Pro Tam, Word 1 Ward Ward Ward word Word MPll ido((Zsae a ana oro VSarmianloifl$anla-ana� MMarllrwzi oanla -ana om ma2cea(alean 8 ana oru t32nav'deryod, d ana om RRa na(Oisan a-ana or $TlnalarOi�s201a -,t,�n 3_o ry Ate` °R°Y CERTIFICATE OF LIABILITY INSURANCE UATEiMM/UUIYYYY) TYPE OF INSURANCE 0611812015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS AFFIRMATIVELY OR g��EEAND tCONFERS OTHE�ISSUINGF BELOW THIS INSURANCE DOES C09�lTTE X� Ci)WfRACTTBETWEEN INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADD? A 1"11JRF IW )? li (j, nmust be endorsed. If SUBROGATION IS WAIVED, subject to the tames and Conditions of the policy, certain poll tttav Iragtei a an p�ic)grl L Il d 4 1 , rf� dt. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). I l N PRODUCER CONTACT NAME: _ yy�� Ron Al— 00 � {� �— { V � _r- _ PHONE 9*0. 530-877 -7656 I rpL� Ne) 530 -877 -2940 — Clark(9531339) 5778 Clark Rd EMAIL AoORESS93�rj4R6�9�faC1iL £L.zaBEIlII&40L_ —. —_ _ $ 75_000 ,-,_„ INSUREfiLS)AFFOROINO COVERAGE. -__ NAIC It Paradise 95969 -5135 INSURER A: Truck Insurance Exchange 21709 INSURED INSURERS: Farmers insurance Exchange _ _ 21852 ALVAREZ- GLASMAN & COLVIN INsuRERc: , Mid Century Insurance Company 21687 13181 CROSSROADS PKWY, ST 400 _ INSURERO: C INSURERE: LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED ALITOS X AUTOS INSURER F: 604848930 CITY OF INDUSTRY CA 91746 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, 1 "HE 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. ^ - - -- INSR Lm TYPE OF INSURANCE D BR - -- POLICY NUMBER POLICY EFF MMIOOI YY POIICYP - MWDD /YYYY - -- — '-' - - -'- LIMBS C GENERAL X . —. LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS�MADE a OCCUR _ _._. -. _. Y N 604848930 08131/2014- 08/31/2015 EACH OCCURRENCE $ 2,000,000 MA0- �REHTEO - PREMISES Ea ovcurtoncut _ $ 75_000 MEDEXP &ymgpp.T'on) $ 5,000 PERSONAL &ADVINJURY $ 2,00_0,000_ AGGREGATE . $__ 4,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: F PRO- LOO _GENERAL PRODUCTS- COMP /OP AGO $ 2,000,000_ $ C AUTOMOBILE - LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED ALITOS X AUTOS 604848930 08/31/2014 08131/2015 COMBINED SINGLE LIMIT AGE, - iidAnll__ $ 2,000,000 BODILY INJURY (Per person) ' - $ -� - -' e001LY INJURY (Fur uctldenU --- - - - -'— $ PROPERTY �AMKGE ' ,(Per acultlgnll_._.- $ UMSRELLAUAE EXCESS LIAR _OCCUR CLAIMSMADE_ _EAGHOC_CURRENCE $ AGGR_E_C E $ DED RETENTION$ _ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINL---- ANYPROPRIETORIPARTNCRIEXECUDVE OFFICERIMEMBER EXCLUDED? (Mendarory inNH) If yee, tleticrihu under DESCRIPTIONOFOPERATIONSbaluw N/A N05095611 09104/2014 09)04(2015=------------- X WCG'rATU- H. EL EACH ACCIDENT 5 B.L. DISEASE -EA EMPLOYE - - - - -- $ - -'— C.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (Attaob ACORD 101, Additlonal RemarMS Schedule, B more space is requiretl) 13181 CROSSROADS PKWY, ST 400, CITY OF INDUSTRY, CA 91746 �✓ O 1 { 5 ltY 4 O. HODGE bital it aty Attomey CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) p 1988F2$10 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks 41Y /ACORD