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Michael McCabe
i Court Liaison Services
AGREEMENT #A5210
CM, 1-03-06
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
j COURT LIAISON SERVICES
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THI CONTRA T SERVICES AGREEMENT (herein "Agreement") is made and entered
into this day of L pO6 , by and between the CITY OF PALM SPRINGS,
a municipal corporation (here and Michael McCabe (herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms 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, rules, and regulations of
the City and any Federal, State or local governmental 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, but not exceeding the maximum
contract amount of$26.00 per hour ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
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ANON'G ',fdb Gt11=.i:9 i'
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Michael McCabe 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 the City to enter into this Agreement. Therefore, the
foregoing principal shall be responsible during the term 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 the 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"). The City
Manager of City shall have the right to designate another Contract Officer by providing written
notice to Contractor.
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
under 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 BONDS
4.1 Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
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4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any
and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be
asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent
acts or omissions of Contractor hereunder, or arising from Contractor's negligent
performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part
of the City, its officers, agents or employees but excluding such claims or liabilities
arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal
costs and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations
or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such
damages or other claims arising out of or in connection with the negligent performance
of or failure to perform the work, operation or activities of Contractor hereunder,
Contractor agrees to pay to the City, its officers, agents or employees, any and all costs
and expenses incurred by the City, its officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys' fees.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,
this Agreement shall continue in full force until December 30, 2006.
1.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty (30) 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 termination 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.
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6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its 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 its successor, or for breach of any obligation of the terms 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
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
it 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 City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 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 rule 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 severable and shall be interpreted to carry out the intent of the
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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 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or
not the matter proceeds to judgment.
6.10 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.
ATTEST:
By: City Attorney
CITY OF PALM SPRINGS,
a municipal corporation
$ City Clerk
By : City Manage
APPROVED BY CITY MANAGER
' P,�a ae
CONTRACTOR:
Agreement over/under $25,000
By �rr� ;d Y a •�
Signature Reviewed and approved by
Procurement& Contracting
Print Name & Title Initials Date t 5 06
P.O. Number -
. .�,��.,.. r���� .____.__.__._.,._
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EXHIBITIT "A"
SCOPE OF SERVICES
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Contractor shall provide all services necessary in order to provide the information
needed by the Participating Agencies to manage the court appearances of their
respective police officers.
The 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 same.
The following tasks will be performed under the agreement:
• Retrieve faxes for Participating Agencies at locations to be designated at a
future date.
• Report to Indio Superior Court 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
• Report each such disposition to the appropriate Participating Agency at the
earliest possible time after the disposition has been made.
• Consult with and provide assistance to the District Attorney, as necessary,
regarding his or her requests that one or more officer appear on a case and
assist in coordinating same.
(Hours of Work: The Contractor shall be available to perform the services required
approximately twenty four (24) hours per week, during the hours of 8:15 a.m. to 12:00
p.m. Monday through Thursday and occasionally during the hours of 8:15 a.m. and 5:00
p.M.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
1. Compensation. Provided Contractor is not in default under the terms of this
Agreement and has provided an invoice to City, as described in Section 2.2
herein, Contractor shall be compensate at a rate of Twenty Six Dollars ($26.00)
per hours for services performed pursuant to this Agreement, provided, however,
that in no event shall Contractor's compensation for any two-week period during
the term of this Agreement exceed Eight Hundred Dollars ($800.00). This shall
constitute the total compensation to Contractor under this Agreement, and no
vacation, retirement, leave or other benefits shall accrue to Contractor, nor shall
there be any reimbursement for costs (e.g. transportation, telephone, etc.) under
this Agreement.
JAN i i, 2006 11 : 20AM WLINGARTEN & HOUGH N0, 853_P, 1
ACORD. CERTIFICATE OF LIABILITY INSURANCE BATE(MM DD Y )
ol/�l/2006
1 PRODUCER (760) 325-2526 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
r Weingarten 6 Hough ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
<J 8 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 1866 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm 5 ri=fa CA 92263- INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A;FireAVl3n'9 Fund Insurance 21873
Mccabe / McCabe, Michael A / Sharon INSURER BI
206 3 Sierra Madre msvRERc,
j INSURER DI
Palm Desert CA 92260- INSURERS:
COVERAGES
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\NTH 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
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
L R I $RD TYFEDFIN$URANCE POLICY NUMBER DATE(MODD/(Y) DATE(MM/ODPYY) LIMITS
UENRRALLIABILITY / / / / EACH OCCURRENCE $
COMMERCIALGENERAL LIABILITY DAMAGE TO RENTEDPREMISE Ea naurcence 3
CLAIMSMADE El OCCUR / / / / MED EXP An, one pemen) S
I PERSONAL&ADV INJURY S
GENERAL AGGREGATE 3
GENT.AGGREGATE LIMIT APP LIES PER: PRODUCTS-COMP/OP AGG S
POLICY F7 JET LOC
AUTOMOBILE LIABILITY VZA12517123 01/10/2006 01/10/2007 COMBINED SINGLE LIMIT
ANYAUTO (Eo ecciEenl) $
ALL OWNED AUTOS / / / / BODILY INJURY
X 50HEOULEDAUTD3 (Perpersen) S 250,000
HIREDAUTOS / / / / BODILY INJURY
NONOV ED AUTOS (Peraccigen!) 3 50D,000
PROPPRTYDAAfABE
(Pereccicen) 3 100,000
GARHOE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO / / / / OTHERTHAN EAACC $
7
AUTO ONLY; AGG $
EXCESS/UMBRELL4 LIABILITY / / / / EA H OCCURRENCE $
OCCUR a CLAIMS MADE AGGREGATE S
5
OBDUCTIBLE / / / / S
RETENTION S ii IS
WORKERS COMPENSATION AND / / / / nI�LIMTITS ER
EMPLOYERS'LIAEIUTY
ANY PROPRIETDP/PARTNENEX50UTIVE E L.EACH ACCIOEN7
OFFICERMIEMBER EXCLUDED? / / / / EL.DISEASE-EA EMPLOYEES
ir ye,,dcscnbe under
SPECIAL PROVISIONS WIow E.L.UISEASE-POLICY LIMN Is
OTHER VNBRELLA aZR3194233 12/03/2005 12/03/2006 SECOND LIABILITY 2,000,000
2J.YER
DESCRIPTION OF OPERATIONSfLOCATION8NE91CLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
2004 TOYOTA RAV #5449
1969 FORD ESCORT # 6284
2006 TOYOTA FI1GEEJ+ DER # 4071
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DE CRIB POLICIES BE CANCELLED BEFORE THE
AT1W: MARILYNN SOSWELL EXPIRATION DATE THEREOF, THE IS
AN INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO CERTIFlCA t, THE LEFT,BUT
CITY OF PALM SPRINGS I LIMPOSE NOA BLI DN PON THE
SURER ORR32p0 CSV1C T PRESENT V 0PILBOR P EGENTATVE
PALM SPRINGS CA 92262-
771
ACORD 25(20U1/08) OACORD CORPORATION 1985
96_-INS02510100)05 ELECTRONIC LASER FORMS,INC, (800)$27•O5G5 Pepe 1 or 2
JAN. 10. 2006 11 05AM WEINGARTEN & HOUGH NO. 811 F 1
Personal Automobile Policy Declarations
Policy Number Effective Date Colnp 11
VIA 12$1 71 2$ l3 01-10-05 FIREMAN'S FUND INSURANCE COMPANY
Named Insured Your Aoent Is
I MR MICHAEL A MCCAEE WEINGATEN & HOUGH, INC.
MS SHARON L MCCAAE P.O. BOX 1066
i 306 S SIERRA MADRE PALM SPRINGS CA D2282
PALM DESERT CA 92260 04 201 056 01
! Policy Period -
i Your Policy begins on O1-10-06 at 12:01 AM standard time and expires on 01-10-07 at
12:01 AM standard time.
! Re:9son for Issuance
ON 01-10-2006 YOUR POLICY CONTINUES TO 01-10-2007. VEHICLES COVERED FOR THIS
BILLING PERIOD: 04-TOYO, 89-FORD, 06-TOYO,
i Your Covered Vehicle(s)
Veh. Year )Description Identification Number Class
! 1 04 TOYOTA RAV4 J'TrW20VX40025449 K63320-4
Garrage Location Loss Payee
PALM DESERT
CA 92260
Veh. Year Description Identification Number Class
2 $9 FORD ESCORT LX 1FAQP9191KW346284 A71120-1i
Garage Location boss Payee
PALM DESERT
CA 92260
Coverages Premiums Per Vehicle
04 TOYO 89 FORD
A BODILY INJURY LIABILITY 250,000 EACH PERSON $ 283 $ 655
500,000 EACH ACCIDENT
A PROPERTY DAMAGE LIABILITY 100,000 EACH ACCIDENT $ 91 $ 206
B MEDICAL PAYMENTS 25, 000 EACH PERSON $ 38 $ 95
C UNINSURED MOTORISTS $ 250, 000 EACH PERSON $ 91 $ 239
BODILY INJURY $ 500, 000 EACH ACCIDENT
U/M COLLISION DEDUCTIBLE WAIVER $ 24
D DAMAGE TO YOUR AUTO (ACV MEANS ACTUAL CASH VALVE)
COLLISION LOSS ACV MINUS $1000 DEDUCTIBLE $ 249 $ 128
OTHER THAN COLLISION LOSS ACV MINUS $1000 DEDUCTIBLE $ 91 $ 54
TOWING AND LABOR COSTS $ 18 $ 22
OPTIONAL LIMITS TRANSPORTATION EXPENSES $ 46 $ 57
LIMIT $ 50 PER DAY $1500 MAXIMUM
CALIFORNIA. AUTO FRAUD AND CONSUMER SERVICES SURCHARGE $ 1.80 $ 1.80
Coverage is providedwhere a Total Premium Per Vehicle $ 932-80 $ 1,457.6 D
premium and limit of liability TOTAL ENDORSEMENT PREMIUM $ 54.00
is shown for the coverage. TOTAL POLICY PREMIUM $ 3,411.40
Page 1 OF 4
Producer Copy
3010811-0
INSURANCE APPROVAL FORM
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PROJECT NAME; Police Department Court Liaison Services
CONTRACTOR NAME: Michael McCabe
PROJECT NUMBER: N/A
TYPE OF INSURANCE: Auto Insurance
NAME OF INSURANCE: Fireman's Fund
RATING: A
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EXPLANATION FOR VARIATION:
This agreement was written utilizing the City's standard short-form Contract Services Agreement.
The agreement calls forthe contractor/consultantto provide Business Automobile Insurance in the
amount of$1,000,000 for owned, non-owned, leased and hired cars.
The contractor is an individual and carries a personal automobile policy in bodily injury per person/
bodily injury per accident/property damage per accident limits of$250,000/$500,000/$100,000 with a
$2,000,000 umbrella for scheduled (owned) vehicles, of which there are three. The insurer has
been notified that Mr. McCabe will be using a scheduled vehicle for business purposes. (See
attached memo from Greg Hough of Weingarten & Hough.)
It is not foreseen that the Contractor will use any vehicle other than those scheduled for performing
the services required under the contract services agreement. The $2,000,000 umbrella policy
provides more than double the overall amount required in the agreement.
The coverage proffered by the Contractor is deemed sufficient to reasonably cover the City.
It is recommended that the City Manager approve the insurance coverage proffered by the
Contractor, Mike McCabe. (Fireman's Fund Insurance policies VZA12517123 & NZB3194233).
Bruce JXh
rocrrremenk,,& Contracting Manager
APPROVED:
DAVID,/H.°READY
City // lager
INSURANCE APPROVAL FORM
PROJECT NAME; Police Department Court Liaison Services
CONTRACTOR NAME: Michael McCabe
PROJECT NUMBER : N/A
TYPE OF INSURANCE Auto Insurance
NAME OF INSURANCE Fireman's Fund
RATING A
EXPLANATION FOR WAIVER:
This agreement was written utilizing the City's standard short-form Contract Services Agreement.
The agreement calls for the contractor/consultant to provide Business Automobile Insurance in the
amount of$1,000,000,
The contractor is an individual and carries a personal automobile policy in the amount of
$2,000,000.
This policy is deemed sufficient to reasonably cover the City.
is deemed to have sufficient coverage to reasonably protect the City.
DAVID H. READY
City Manager
CONTRACT ABSTRACT
Contract
Company Name: Michael McCabe
I
Company Contact: Michael McCabe
Summary of Services: Court Liaison Services
Contract Price: Not to exceed $19,200
Funding Source:
Contract Tenn: One year
Contract Administration
Lead Department: Police
Contract Administrator: Ron Starrs
Contract Approvals
Council/Community Redevelopment Agency Approval Date:
Minute Order/Resolution Number: 0
Agreement No: k�aw
Contract Compliance
Exhibits: Attached
Signatures: Complete k
Insurance:
Bonds: N/A {p
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Contract prepared by: Procurement
By: ML Boswell
Submittedon: 1/3/06