HomeMy WebLinkAbout04720 - PHILIP STRAUCH POLICE COURT LIAISON DOCUMENT TRACKING
Page: 1
Report: One Document Detail April 21, 2006
Condition: Document Number a4720, -
Document# Description Approval Date Expiration Date Closed Date
A4720 Police Dept Court Liaison Svcs 06/18/2003 06/01/2004
Company Name: Philip C. Strauch
Address: 3380 Avenida San Gabriel, Palm Springs, CA 92262
Service: In File
xRef: POLICE DEPARTMENT
Ins. Status: A policy has Expired.
Document Trackina Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
06-18-03 M07321 $26 pr hr$20,800 1 yr term not provided
by dept
06-27-03 to CA for rigs
07-09-03 to CM for sigs
07-15-03 distribution to Police Dept/Commander McCabe
* * * * * * END OF REPORT * * * * * *
P
�] 4f
1 � r
/ y � V\Y
Philip Strauch
Court Liaison
AGREEMENT #4720
M07321, 6-18-03
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 15t day of July, 2003, by and between
the CITY OF PALM SPRINGS a municipal corporation, (herein "City") and
PHILIP C. STRAUCH (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 lawfor
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. 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
S"uW101°IAL rtU,r p /
E' K�CiR-NIT
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 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
-2-
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 anytime, 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 bythe 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 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
-3-
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 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 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.
-4-
6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgement 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.
-5-
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
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David le hire
City Attorney
CONTRACTOR:
PHILIP C. STRAUCH
Philip�C. Strauch
Address: 100 S Sunrise Way#113
Palm Springs, CA 92262
-6-
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 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
8:15 AM 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 app r on a case and
assist in coordinating same.
3. Hours of Work. Contractor shall generally be available to erform the services
required by this Agreement approximately twenty-four (24) ours per week, during
the hours of 8:15 AM and 12:00 PM on Monday through Th rsday, and occasionally
during the hours of 8:15 AM and 5:00 PM.
D�
L�,
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 hour for services performed pursuant to this Agreement,
provided, however, that in no event shall Contractors 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).
FAMILY COMBINATION AUTO POLICY
lUawanesa NEW DECLARATION EFFECTIVE MAY 1 ,03
Insurance
(HEREIN CALLED THE COMPANY)
UNITED STATES HOME OFFICE
SAN DIEGO, CALIFORNIA
ObOty ptklbb
FA 6441142 MAY� 1 ,03 MAY 1,04 12:01 A.M STANDARD TIME AT THE ADDRESS OF
760-323-7502
THE NAMED INSURED AS STATED HEREIN
Off: AgI1RESS
PHILIP C STRAUCH WAWANESA GENERAL INSURANCE CO
0380 AVENIDA SAN GABRIEL 9050 FRIARS RD. , SUITE 101
PALM SPRINGS, CA 92262 SAN DIEGO CA 92108-5865
TELEPHONE 1-800-640-2920
DESCRIPTION OF OWNED VEHICLE(S)
VEH YR MAKE-DESCRIPTION VEHICLE I.D. NO. COMPUTER IDENTIFICATION
1 92 INFIN,M30 CV JNXHFl6C7NTO114O7 69AC17NI200036MUPSOOOY8868767
INSURANCE IS PROVIDED ONLY WHERE A PREMIUM IS SHOWN FOR THE COVERAGE.
COVERAGE AND LIMITS OF LIABILITY PREMIUMS
A BODILY INJURY LIABILITY VEHICLE 1
50,000 EACH PERSON/100,000 EACH OCCURRENCE 125.00
B PROPERTY DAMAGE LIABILITY
50,000 EACH OCCURRENCE 97.00
C MEDICAL PAYMENTS
5,000 EACH PERSON 28.00
D COMPREHENSIVE (EXCL. COLLISION)
500 DEDUCTIBLE 102.00
E COLLISION
500 DEDUCTIBLE 234.00
F TOWING AND LABOR COSTS
50 EACH DISABLEMENT 6.00
Fl RENTAL REIMBURSEMENT
25 DAY750 MAX EACH CO
G UNINSUR/ED/UNDERINSUREDVERED MOTORISTLOSS PROTECTION I6.00
30,OD0 EACH PERSON/60,000 EACH OCCURRENCE 26.00
I UNINSURED MOTORIST-COLLISION DEDUCT WAIVER 14.00
TOTALS BY VEHICLE 648.00
TOTAL POLICY PREMIUM: $648.00
PREMIUM DISCOUNTS AVAILABLE: MULTI-CAR; GOOD DRIVER;
THEFT RECOVERY SYSTEM; MATURE DRIVER COURSE;
DRIVER TRAINING DISCOUNT; PERSISTENCY DISCOUNT
PREMIUM DISCOUNTS APPLIED: GOOD DRIVER; PERSISTENCY DISCOUNT
CONTINUED ON NEXT PAGE
--S T A T E M E N T 0 F A C C 0 U IN T-- FA G441142 03 EASY PAYMENT PLAN
PHILIP C STRAUCH
TOTAL PREMIUM $648.00
SERVICE CHARGE $12.00
NIL DUE UPON RECEIPT
AMOUNT RECEIVED $276.80
ACCOUNT BALANCE OF $383.20
NIL DUE UPON RECEIPT
PAYMENTS TO BE BILLED
$191 .60 DUE AUG 1 ,03
$191 .60 DUE NOV 1 ,03
FA 6441142 03 *0 - 00
FA 6441142 03
(DEC - 050003 )DB (DEC - 050603 )DB 050103
Rev.8/2000 Keep this portion for your records Return this portion with your payment