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HomeMy WebLinkAbout7/21/2004 - STAFF REPORTS (28) 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 1 st day of July, 2004, by and between the CITY OF PALM SPRINGS a municipal corporation, (herein "City') and DIAN HEGRANES (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 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 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. Dian Hegranes 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 I 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"). 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 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 any time or in any manner represent that it or any of its agents or employees are agents or employees of the 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 term of this Agreement including any extension thereof, the following policies of insurance: (a) Automobile 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 per person and $300,000 per occurrence and property damage liability limits of$100,000 per occurrence and $300,000 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 cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, 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. 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 Ratings 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 circumstances. 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 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 full 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, 2004. 5.2 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. 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 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 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 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 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. 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 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. 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 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. 6.8 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. 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. 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 City Manager ATTEST: City Clerk CONTRACTOR: Agreement user/under$25,000 DIAN HEGRANES Reviewed and approved by Dian Hegranes Procuremmeenntt& Contracting Initials hate. "-7, Y-y- Address: 3660 Avenida San Gabriel P.O. Numbe • Palm Springs, CA 92262 [END OF SIGNATURES) EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide court liaison services to City in accordance with this Agreement and 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 same. B. Duties. Contractor's duties shall include, but are not 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 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. 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 8:15am and 12:OOpm on Monday through Thursday, and occasionally during the hours of 8:15am and 5:OOpm. 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 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 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. 2. Contract Sum. The annual amount authorized by this Agreement shall not exceed Twenty Thousand Eight Hundred Dollars ($20,800.00).