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HomeMy WebLinkAboutA4330 - PHILIP STRAUCH POLICE COURT LIAISON Philip C. Strauch • • Court Liaison Services AGREEMENT #4330 M06782, 1-17-01 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 17th day of January, 2001, 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 mariner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, riles, 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. 2.2 Method of Payment. Provided that Contractor is not in default under the terns 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 therewith. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal were a substantial inducement for City to enter into this Agreement. Therefore, the 8e2i014094-0001 147671.01 aol/02/01 • i 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 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 Assigmnent. 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 assigmnent 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 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 tern of this Agreement including any extension thereof, the following policies of insurance: (a) Automotive 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$100,000.00 per person and $300,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $300,000.00 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 canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, 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. e82i014oa4-0001 147671.01,01/02f01 -2- 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 Rating 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 an alleged act or omission occurring in the performance of Contractor's services pursuant to 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, 2002. 5.2 Termination Prior to Expiration of Tern. 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 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. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for himself, his heirs, executors, assigns and all persons claiming tinder 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 terns 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 892/014084-0001 147671.01 a01/02/01 -3- 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 Police Chief 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 constriction 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 unenforecability shall not affect any of the remaining portions of this Agreement which are hereby declared as sever able and shall be interpreted to cant' out the intent of the 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 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. 882/014084-0001 14767LO1 Aovo2ioi -4- 0 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 ATTEST: City Mana aQ,,t___J° City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP leshire GaE" P l � City City Attorney CONTRACTOR: PHILIP C. STRAUCH 44 t Phillip C. Strauch Address: 255 North El Cielo Road Suite 140, #113 Palm Springs, CA 92262 [END OF SIGNATURES] ss2imaoea-aoot 147671 02 a01/29/01 —5— EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide court liaison services to City in accordance with this Agreement and the terns 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 the salve. 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 46-200 Oasis, Indio, California, 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. 3. Submit a written report of each such disposition to the relevant Participating Agency at the earliest possible time after the disposition has been made, but in no event later than five (5) working days following the disposition of each matter. 4. Consult with and provide assistance to the Deputy District Attorney assigned to each matter involving the Participating Agency, as necessary, regarding his or her requests that one or more officers appear on a case and assist in coordinating the 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 8:15 a.m. and 12:00 p.m. on Monday through Thursday, and occasionally during the hours of 8:15 a.m. and 5:00 p.m. 8 8 2/014 0 8 4-00 01 EXHIBIT"A"Q pg) 147671.02 u01/29/01 TO PHILIP C.STRAUCH AGR EXHIBIT "B" SCHEDULE OF COMPENSATION 1. Compensation. Provided Contractor is not default Linder 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 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.) LBider this Agreement. 2. Contract Stun. The annual amount authorized by this Agreement shall not exceed Twenty Thousand Dollars ($20,000.00) and the total amoLmt authorized by this Agreement shall not exceed Thirty Thousand Dollars ($30,000.00). 882/014084-0001 EXHIBIT"B"(I pg) 147671 02 02/01/01 TO PHILIP C STRAUCH AGR I . „NEyN-ASSESSABLEPOLIi',.Y, ": .. ' . . PAGE 1 I, ///������� FAMILY INATION AUTO POLICY ! OFFER TO RENEW • * EFFECTIVE MAY �O /w// YOUR COVERAGE EXPIRES ON MAY 9,00. TO KEEP YOUR POLICY IN FORCE, PAYMENT MUST BE RECEIVED hi 'mliance BEFORE MAY 9,00. IF PAYMENT IS RECEIVED ON OR AFTER MAY 9,00. YOUR POLICY BECOMES NULL AND VOID. REMEMBER (HEREIN CALLED THE COMPANY) THERE IS NO GRACE PERIOD AND NO FREE INSURANCE. UNITED STATES HOME OFFICE PLEASE MAKE YOUR PAYMENT NOW. SAN DIEGO, CALIFORNIA POLICY NUMBER ' POLICY PERIOD INSURED' FA 9832982 MAY 9,00 MAY 0 9,01 1 12-01A.M.STANDARD TIME AT THE ADDRESS OF THE 760-3S PHONE 2 NAMED INSURED AS STATED HEREIN NAME AND ADDRESS OF INSURED SERVICE OFFICE ADDRESS DONALD R MCCUTCHEON WAWANESA GENERAL INSURANCE CO 1598 N KAWEAH RD #2 9050 FRIARS RD„ SUITE 200 PALM SPRINGS, CA SAN DIEGO CA 92108-5865 92262 TELEPHONE (800) G40-2920 DESCRIPTION OF OWNED VEHICLE(S) VEH YR MAKE-DESCRIPTION VEHICLE I .D. NO. COMPUTER IDENTIFICATION 1 80 MBENZ,300 ED 4D 11612012024430 GSAD14NO700033MUPMOOOY8868767 2 76 CHEVR,MNTECRLD S IH57LGZ420635 GSAD06NO800028MUPMOOOY8868767 INSURANCE IS PROVIDED ONLY WHERE A PREMIUM IS SHOWN FOR THE COVERAGE. COVERAGE AND LIMITS OF LIABILITY PREMIUMS A 60' ILY INJURY LIABILITY VEHICLE 1 2 1( ),000 EACH PERSON/300,000 EACH OCCURRENCE 102.00 110.00 B PROPERTY DAMAGE LIABILITY 50,000 EACH OCCURRENCE 55.00 59.00 D COMPREHENSIVE (EXCL. COLLISION) 100 DEDUCTIBLE 20.00 300 DEDUCTIBLE 65.00 E COLLISION 100 DEDUCTIBLE 93.00 300 DEDUCTIBLE 112.00 F TOWING AND LABOR COSTS 50 EACH DISABLEMENT 6.00 6.00 G UNINSURED/UNDERINSURED MOTORIST PROTECTION 30,000 EACH PERSON/60,000 EACH OCCURRENCE 14.00 15.00 I UNINSURED MOTORIST-COLLISION DEDUCT WAIVER 10.00 5.00 TOTALS BY VEHICLE 364.00 308.00 TOTAL POLICY PREMIUM: $672.00 PREMIUM DISCOUNTS AVAILABLE: MULTI-CAR; GOOD DRIVER; THEFT RECOVERY SYSTEM; MATURE DRIVER COURSE; DRIVER TRAINING DISCOUNT; PERSISTENCY DISCOUNT PREMIUM DISCOUNTS APPLIED: MULTI-CAR; GOOD DRIVER LOSS PAYEE: VEH #1 WFS FINANCIAL SERVICES P 0 BOX 94678 CLEVELAND OH 44101 APPLICABLE FORMS FORM # VEH FORM # VEH FORM # VEH FORM # VEH FORM # VEH FORM # VEH CONTINUED ON NEXT PAGE W505 4/99 Keep this portion for your records Return this portion with your payment NON-lASSES$ABLE POLICY PAGE 2 FAMILY WINATION AUTO POLICY �du/pD�sA OFFER TO RENEW * * EFFECTIVE MAY 9,00 '�'" v pn a YOUR COVERAGE EXPIRES ON MAY 9,00. �^<LN TO KEEP YOUR POLICY IN FORCE, PAYMENT MUST BE RECEIVED `J■ /nwrance BEFORE MAY 9,00. IF PAYMENT IS RECEIVED ON OR AFTER MAY 9,00, YOUR POLICY BECOMES NULL AND VOID. REMEMBER iHEPEN CALLED THE COMPANY) THERE IS NO GRACE PERIOD AND NO FREE INSURANCE. UNITED STATES HOME OFFICE PLEASE MAKE YOUR PAYMENT NOW. SAN DIEGO, CALIFORNIA POLICYPHONE FA 9832982 MAY 970 MAY •9,01 1201 AM.STANDARD TIME AT THE ADDRESS OF THE 760-323-7502 NAMED INSURED AS STATED HEREIN NAME AND ADDRESS OF OFFICE ADDRESS DONALD R MCCUTCHEON WAWANESA GENERAL INSURANCE CO 1598 N KAWEAH RD H2 9050 FRIARS RD. , SUITE 200 PALM SPRINGS, CA SAN DIEGO CA 92108-5865 92262 TELEPHONE (800) 640-2920 DRIVER NAME(S) : MCCUTCHEON, DONALD R STRAUCH, PHILIP C 05 4/99 Keen this portion for vour renords " ' "