HomeMy WebLinkAbout04906 - DIAN HEGRANES POLICE COURT LIAISON Dian Hegranes
Court Liaison
AGREEMENT #4906
CITY OF PALM SPRINGS CM signed 6-29-04
CONTRACT SERVICES AGREEMENT
FOR COURT LIAISON SERVICES
THIS CONTRACT SERVICES AGREEMENT FOR COURT LIAISON SERVICES
(herein "Agreement") is made and entered into this 15t 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
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 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 (1) 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, 2005.
5.2 Termination Prior to Expiratiorl 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
herself, her 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 her 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 she 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.
ATTEST: CITY:
CITY OF PALM SPRINGS,
{�1 A municipal corporation
City Clerk City Manager
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CONTRACTOR:
DIAf r,HEGRANES
Dian Hegranes !% `
Address: 3660 Avenida San Gabriel
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 hereon 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).
COURT PRELIMS
SEPTEMBER 2003
Total Officers on Call 185
On Duty Called off before 10:00 60
Off Duty Called off before 10:00 28
Called off after 10:00 82
No Dispo by 12:00, sent to court at 12:00 15
Savings for September Called off by 10:00 $4,404.96
OCTOBER 2003
Total Officers on Call 138
On Duty Called off before 10:00 41
Off Duty Called off before 10:00 12
Called off after 10:00 84
No Dispo by 12:00, sent to court at 12:00 1
Savings for October Called off by 10:00 $1,887.84
NOVEMBER 2003
Total Officers on Call 141
On Duty Called off before 10:00 47
Off Duty Called off before 10:00 20
Called off after 10:00 72
No Dispo by 12:00, sent to court at 12:00 2
Savings for November Called off by 10:00 $3,146.40
Number of Officers that actually went to court for a prelim during this
3 month period is 36 out of a total of 464 officers on call.
®[ State Farm Mutual Automobile Insurance Company 81992-1-9 MUTL VOL
900 Old River Road DECLARATIONS PAGE
Bakersfield CA 93311
NAMED INSURED 75-5613-1 9 POLICY NUMBER 951 6978-E29-75E
HEGRANES, LINDA DIAN POLICY PERIOD MAY O8 2004 to NOV 29 2004
3360 AVENIDA SAN GABRIEL RD
PALM SPRINGS CA 92262-9733
AGENT
CHARLIE ROSE
13621 MOORPARK STREET
SHERMAN OAKS, CA 91423-3722
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. PHONE:(818)788-5222
SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE.
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2004 LEXUS LS 430 4DR JTHBN36F040152484 OAOOCV12
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H Emergency Road Service $4 29
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Your policy consists of this declarations page,the policy booklet -form 9805A, and any endorsements that apply, including
those issued to you with any subsequent renewal notice.
Replaced policy number 9516978-75D.
Your total current 6 month premium for MAY 29 2004 to NOV 29 2004 is $835.93.
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