HomeMy WebLinkAbout05146 - COURT LIAISON SERVICES DOCUMENT TRACKING
Page: 1
Report: One Document Detail April 21,2006
Condition: Document Numbera5146,
Document# Description Approval Date Expiration Date Closed Date
A5146 Court Liaison Services -$8320.00 08/19/2005 12/30/2005
'Y'
Company Name: Linda Tette gs t✓
Address:
Group: POLICE DEPARTMENT ✓
Service: In File
xRef: POLICE
Ins, Status: No Certificate on file.
Document Trackina Items:
Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
CM may auth -- under$25k
END OF REPORT ` * * * •
44-✓
O`er �
Linda Tette
Court Liaison Services
AGREEMENT #5146
CM signed, 8-19-05
CITY OF PALM SPRINGS
TEMPORARY SERVICES AGREEMENT
FOR COURT LIAISON SERVICES
THIS TEMPORARY SERVICES AGREEMENT FOR COURT LIAISON
SERVICES (herein "greement") is made and entered into this 1 1th day of
August, 2005, by and between the CITY OF PALM SPRINGS a
municipal corporation, (herein "City") and LINDA TETTE (herein
contractor"). (The term Contractor includes professionals performing 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 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
vvork 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 government agency of competent jurisdiction.
1 .3 License 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 terms 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. Linda Tette 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 herewith. It is
expressly understood that the experience, knowledge, capability and
reputation of the forgoing principal were a substantial inducement for
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 her 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 makes all
decisions in connection therewith ("Contract Officer").
3.3 Prohibition Aqainst Subcontractinq or Assiqnment.
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 the
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 the City and
shall remain under only such obligations as are consistent with that
role. Contractor shall not at anytime or in any manner represent that it
or any of its agents or employees are agents or employees of the City.
4.0 TERM
4.1 Term. Unless earlier terminated in accordance with
Section 5.2 below, this Agreement shall continue in full force and effect
from August 19, 2005 until December 30, 2005. The Contractor clearly
understands that this is a temporary contract. The City will be issuing a
"Request for Proposals" during the term of this contract to locate a
contractor to begin January 3, 2006.
4.2 Termination 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
Control 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.
5.0 MISCELLANEOUS
5.1 Covenant Aqainst Discrimination. Contractor
convenants 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.
5.2 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 terms of this
Agreement.
5.3 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 affects 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 he has not paid or given and
"till not pay or give any third party any money or other consideration for
G� 0
-3-
obtaining this Agreement.
5.4 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 Chief of Police and to the attention of the Contract
Officer, CITY OF PALM SPRINGS, 200 S. Civic, P.O. Box 18300,
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.
5.5 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
rnight otherwise apply.
5.6 Integration; Amendment. It is understood that there are
no oral agreements between the parties hereto affecting this Agreement
and this Agreement supercedes 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.
5.7 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 parties hereunder unless the valid provision is so
material that its invalidity deprives either party of the basic benefit of
their bargain or renders this Agreement meaningless.
5.8 Waiver. No delay or omission in the exercise of any
right or remedy by a non-defaulting 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.
5.9 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.
IN WITNESS WHEREOF, the parties have executed and entered
into this Agreement as of the date first written above.
CITY:
ATTEST: CITY OF PALM SPRINGS,
A municipal corporation
i
/Uity Clerk
David Ready City,-M'anager
APPROVED BY CCIY MANAGER
avd `b-1�9 d% 1�kb CONTRACTOR:
LINDA TE�TTE
Li - a Tette ;_ Cd-
44-930 Malia Circle
La Quinta, Calif. 92234
[END OF SIGNATURES]
-5-
c � �,�:�
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide court liaison services to City in accordance
with this Agreement and terms and conditions below:
1. 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 same.
2. Duties. Contractor's duties shall include, but are not limited to, the following:
1. Retrieve faxes for all of the agencies of the police departments 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 hidio Superior Court,located at 46200 Oasis,Indio,California,by 8:15am
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 officer appear on a case and assist in coordinating
same.
3. 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: 15am and 12:00pm on Monday through Thursday,
and occasionally during the hours of 8:15am and 5:00pm.
�r
EXHIBIT "B"
SCHEDULE OF COMPENSATION
1. Compensation. Provided Contractor is not in default under the terns of this
Agreement and has provided an invoice to City, as described in Section 2.2 herein,
Contractor shall be compensated 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 tern 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.
2. Contract Sum. The amount authorized by this Agreement shall not exceed Eight
Thousand, Three Hundred and Twenty Dollars ($8,320.00).
I
CAL&i
AG) City f Palm Springs
A * Police Department
* roRPORBi E019 200 Smith Q,v c Dime° Palm Springs,California 92262
TEL (760)323-81 t6- TDD(760)864-9527
E"O
August 11, 2005
Mrs. Linda Tette
44-930 Malia Circle
La Quinta, Calif 92234
Dear Mrs, Tette:
Attached to this letter is a temporary employment agreement for the Court Liaison
Services position.
By signing this agreement you will acknowledge that you understand this is a temporary
position that will be in effect from August 19, 2005 to December 30, 2005. You are
fiuther advised that the Procurement Director for the City will be issuing a Request for
Proposals (RFP) to the general public for proposals to fill this position beginning January
3, 2006. You can submit a proposal to continue in this position.
Please read the attached agreement thoroughly.
On behave of Chief Jeandron, the Palm Springs Police Department and the three other
participating police departments I would like to "thank you" for accepting this temporary
position.
MICHAEL McCABE
Captain
Services Division
I acknowledge that I have received a copy of this letter and I have read it. I further
aclaiowledge that I have received a copy of the Court Liaison contract including Exhibit
A acid B.
�l, 0
L-irida,Tette Dale
Post Office Box 1830 0 Palm Springs, California 92263-1830
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