HomeMy WebLinkAbout1/17/2001 - STAFF REPORTS (9) DATE: January 17, 2001
TO: City Council
FROM: Police Chief C. Lee Weigel
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PHILIP C.
STRAUCH, AN INDIVIDUAL, TO PROVIDE COURT LIAISON SERVICES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a contract
with Philip C. Strauch, an individual, to provide court liaison services.
SUMMARY:
If approved, this person would provide court liaison services to the participating Police
agencies the four days per week that court is in session. This person, upon finding out the
case disposition, would contact the involved police agency and notify them that officers are
or are not needed in court. By notifying the agency of "call-offs" as early as possible, the
police officer is not paid overtime for the hours on standby, resulting in a cost savings to
the agencies by avoiding unnecessary court overtime. The contact amount is not to
exceed $20,000 annually.
BACKGROUND:
For several years the Palm Springs Police Department has participated in a court liaison
program jointly with other police agencies in the Coachella Valley. In addition to Palm
Springs, the Indio and Cathedral City police departments currently participate in this
program that is designed to notify off-duty officers of case dispositions in time to avoid
unnecessary court overtime.
Court is in session four days a week, Monday through Thursday. The three agencies have
been taking turns sending one of their employees to court one day a week, with Palm
Springs going twice a week, to make up for the one day a week that we are short a person
to handle the court liaison duties. This system requires each agency to pay one person to
sit in court as the liaison and another person at the agency to answer calls from the liaison
and to notify officers of the disposition of their cases.
The current program allows an off-duty police officer to remain "on-call," without overtime,
until the court liaison calls them with a disposition on their case. When the liaison calls the
officer before the subpoena appearance time, and tells them not to come to court, the
officer receives $25.00 (twenty five dollars). When the officer is not notified before the
subpoena appearance time, the officer receives a minimum of four hours overtime, with or
without a court appearance, in accordance with the Police Officers' Association
Memorandum of Understanding. Often the liaison has a case disposition before the
appearance time and the officer is contacted, saving the participating agency money by
avoiding unnecessary court overtime. 4?R
To improve efficiency in the court liaison program and save staff time that is currently
committed to the court liaison program, we are proposing a contract with Philip C. Strauch
to perform the services of the court liaison. The contract will be for an annual amount not
to exceed $20,000 (twenty thousand dollars). The Cathedral City Police Department,
Desert Hot Springs Police Department and the Indio Police Department all have agreed to
share the cost for Mr. Strauch's services equally.
For FY2000-01 the four agencies will pay $2,500 (two thousand five hundred dollars) for a
total of $10,000 (ten thousand dollars). For FY2001-02 each agency will pay $5000 (five
thousand dollars) for a total of $20,000 (twenty thousand dollars). The initial term of the
contract with Mr. Strauch will be for eighteen months, through June 30, 2002. Thereafter
we are proposing the contract be considered for renewal on an annual basis. The Palm
Springs Police Department will administer the contract, thereby billing the other agencies
for their portions, and will submit payment to Mr. Strauch on a bi-monthly basis as listed in
Exhibit B of the Contract.
By contracting with Mr. Strauch for court liaison services the Palm Springs Police
Department will be relieved of assigning an employee to the court two days a week, while
also requiring another employee to be available at the police department to accept calls
from the court liaison on case dispositions.
FISCAL IMPACT:
The cost for the court liaison services contract for the remainder of FY2000-01 will be
$10,000 (ten thousand dollars). The cost is being shared equally by Cathedral City Police
Department, Desert Hot Springs Police Department, Indio Police Department, and by the
Palm Springs Police Department. The Palm Springs share for the remainder of FY2000-
01 is $2,500 (two thousand five hundred dollars) and will be paid from savings realized
from department vacancies. The cost to Palm Springs for FY2001-02 will be $5,000 (five
thousand dollars) and will be programmed into the FY2001-02 budget. The funds will
come from the Contractual Services account, number 3010-43200.
As mentioned above, we currently must pay police officers for on-call and court time as
well as paying the Police Records Technician to be in court two days per week while
having a dedicated person in the office to respond to the court needs when the Police
Records Technician calls. It is anticipated, although difficult to project, this program will
save thousands of dollars in overtime costs.
C. L e Weigel, C of of Police
App Dyed: — ���/T ?#?vow
City Manager
Attachment:
1. Contract
2. Minute Order
REVIEWED BY DEFT:OF FINANCE
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
FOR COURT LIAISON SERVICES
THIS CONTRACT SERVICES AGREEMENT FOR COURT LIAISON SERVICES
(herein "Agreement") is made and entered into this 17th day of January, 2001, by and between
the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and PHILIP C.
STRAUCH (herein "Contractor"). (The term Contractor includes professionals perfonning in a
consulting capacity.)
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the teens and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor
warrants that all work and services set forth in the Scope of Services will be performed in a
competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, Hiles, and regulations of the
City and any Federal, State or local govemm-nental agency of competent jurisdiction.
1.3 Licenses Permits. Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference.
2.2 Method of Payment. Provided that Contractor is not in default under the
ternis of this Agreement, Contractor shall be paid upon submitting an invoice to the City, in
accordance with the City's regular accounts payable cycle, for services rendered prior to the date
of the invoice.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Philip C. Strauch is hereby designated as
being the principal and representative of Contractor authorized to act in its behalf with respect to
the work and services specified herein and make all decisions in connection therewith. It is
expressly understood that the experience, knowledge, capability and reputation of the foregoing
principal were a substantial inducement for City to enter into this Agreement. Therefore, the
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foregoing principal shall be responsible during the tern of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services
hereunder. For purposes of this Agreement, the foregoing principal may not be replaced nor may
his responsibilities be substantially reduced by Contractor without the express written approval
of City.
3.2 Contract Officer. The Police Chief is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services
specified herein and make all decisions in connection therewith ("Contract Officer").
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of City and shall remain tinder only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION, AND BOND
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire teen of this Agreement
including any extension thereof, the following policies of insurance:
(a) Automotive Insurance. A policy of comprehensive automobile
liability insurance written on a per occurrence basis in an amount not less than either (i)
bodily injury liability limits of$100,000.00 per person and $300,000.00 per occurrence
and property damage liability limits of$100,000.00 per occurrence and $300,000.00 in
the aggregate. Said policy shall include coverage for owned, non-owned, leased and hired
cars.
All of the above policies of insurance shall be primary insurance. The insurer shall waive
all rights of subrogation and contribution it may have against the City, its officers, employees
and agents and their respective insurers. Said insurance may not be amended or canceled without
providing thirty (30) days prior written notice by registered mail to the City. In the event any of
said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit
new evidence of insurance in conformance with this Section 4.1 to the Contract Officer.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
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The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City due to unique cireurnstances.
4.2 Indemnification. City shall defend, hold harmless and indemnify
Contractor against any tort, professional liability claim, demand or other legal action, arising out
of an alleged act or omission occurring in the performance of Contractor's services pursuant to
this Agreement, except that this provision shall not apply with respect to any intentional tort or
crime committed by the Contractor or to the extent that any such alleged act or omission is a
result of Contractor's negligence.
4.3 Bond. City shall bear- the fill cost of any fidelity or other bonds required
of the Contractor under any law or Ordinance.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,
this Agreement shall continue in full force and effect until June 30, 2002.
5.2 Tennination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon fourteen (14) days' written notice to the
other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all
work or services hereunder except as may be specifically approved by the Contract Officer. In
the event of termination by the City, Contractor shall be entitled to compensation for all services
rendered prior to the effectiveness of the notice of tennination and for such additional services
specifically authorized by the Contract Officer and City shall be entitled to reimbursement for
any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for
himself, his heirs, executors, assigns and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to his successor, or for breach of any obligation of the terns of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
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financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that
he has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the Police Chief and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, 200 S. Civic, P.O. Box 1830, Palm Springs, CA 92263, and in the case of the
Contractor, to the person at the address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rile of construction which
might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as sever able and shall be interpreted to cant' out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
6.9 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other agreement to which said
party is bound.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
CITY:
CITY OF PALM SPRINGS,
a municipal corporation
Po rc Chief
ATTEST:
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
David J. Aleshire
City Attorney
CONTRACTOR:
PHILIP C. STRAUCH
Phillipl/C. Strauch
Address: 255 North El Cielo Road
Suite 140 #113
Palm Springs, CA 92262
[END OF SIGNATURES]
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8811014084-0001
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide court liaison services to City in accordance with this Agreement
and the terms and conditions below:
A. General. Contractor shall generally assist and consult with the Police Chief or his
designee(s) in matters related to court liaison services as outlined below. The Palm
Springs Police Department shall provide training to Contractor regarding the same.
B. Duties. Contractor's duties shall include, but are Hot limited to, the following:
1. Retrieve faxes for all of the agencies of the City participating in the court liaison
program (individually referred to herein as a "Participating Agency") at locations
to be designated at a future date.
2. Report to Indio Superior Court, located at 46-200 Oasis, Indio, California, by 8:15
a.m. on any day on which a Participating Agency has a matter to be determined at
said court, and listen for each such disposition, until all dispositions for that day
have been made.
3. Report each such disposition to the relevant Participating Agency at the earliest
possible time after the disposition has been made.
4. Consult with and provide assistance to the District Attorney, as necessary,
regarding his or her requests that one or more officers appear on a case and assist
in coordinating the same.
C. Hours of Work. Contractor shall generally be available to perform the services required
by this Agreement approximately twenty-four (24) hours per week, during the hours of
8:15 a.m. and 12:00 p.m. on Monday through Thursday, and occasionally during the
hours of 8:15 a.m. and 5:00 p.m.
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882/014084-0001 EXHIBIT"A"(1 pg)
147671.01 a01/02/01 TO PHILIP C.sTRAUCH AGR
EXHIBIT 'B"
SCHEDULE OF COMPENSATION
1. Compensation. Contractor shall be compensated at a rate of Sixteen Dollars
($16.00) per hour for services performed pursuant to this Agreement.
2. Contract Sum. The annual amount authorized by this Agreement shall not exceed
Twenty Thousand Dollars ($20,000.00) and the total amount authorized by this Agreement shall
not exceed Thirty Thousand Dollars ($30,000).
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8 8 2/0140 8 4-000 1 EXHIBIT"B"(I pg)
147671,01 a01/11/01 TO PHILIP C.STRAUCH AGR
MINUTE ORDER NO.
AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PHILIP
COOPER STRAUCH, AN INDIVIDUAL, TO
PROVIDE COURT LIAISON SERVICES
I HEREBY CERTIFY THAT this Minute Order, authorizing the City Manager to enter into a
contract with Philip Cooper Strauch, an individual, to provide court liaison services was
adopted by the City Council of the City of Palm Springs in a meeting thereof held on the
17th day of January, 2001.
City Clerk
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