HomeMy WebLinkAboutCC RES 92-1522
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RESOLUTION NO. 92-152
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING AN
AGREEMENT FOR COURT LIAISON CLERK WITH
THE CALIFORNIA HIGHWAY PATROL, SANTA ANA
OFFICE
The City Council of the City of Tustin does hereby
resolve as follows:
WHEREAS, the Tustin Police Department and the
California Highway Patrol, Santa Ana Office, have found it
desirable to enter into an Agreement under which the Tustin
Court Liaison Clerk will deliver misdemeanor complaint
packages and subpoenas to and from the Central Orange County
Municipal Court and the Harbor Orange Count's' Municipal Court
for the California Highway Patrol; and
WHEREAS, it appears to be in the best interests of the
City to enter into such an Agreement because of the
contribution by the California Highway Patrol to the cost of
providing a Court Liaison Clerk.
NOW, THEREFORE, BE IT RESOLVED that the attached
"Agreement For Court Liaison Clerk" is hereby approved;
BE IT FURTHER RESOLVED that the Mayor and the City
Clerk are hereby authorized and directed to execute an
Agreement in substantially the form attached to this
Resolution as Exhibit "A" when received from the California
Highway Patrol for execution.
PASSED AND ADOPTED at a regular meeting of the City
Council c.~ the City of Tustin, held on the 21st day of
December, 1992.
, 19~ x
Mayor
ATTEST:
STANDARD AGREEMEN'.
APPROVED BY THE
A'I-FORNEY GENERAL
92- _ ....~__. j. .....
CONT:~AF,'T()'q'. :~'Di :IA~ I[) N,JL'Ri :i
';'l!IS AGREEMENT, ma(lc and entered mm fl.s . 1..~t .. day of .AU~DSt ....... 19 92
;:1 thc Slate of Califomm, by and between State of California, through its duly clcclcd or appo:mcd, qualifmd and at'lin~
- '-E O: OF; CER ACTING FOR STATE AGENCv
Administ:ative Services Officer Californi~_~L~gbway Pa~qol , hereafter called thc S:alc, and
.... ~3~ O~..T~T_!~ ........... (7.14)..~0.-~j2~. __ . hcrcancr called thc Conuac,,r.
WI'I'NESSETH: ~nal file Con.actor for and in consideration of thc covenants, conditions, agreements, and stipulalions o~' thc Stale hcminaftc: expressed,
coc~ hcrc~y agree to f~ish to thc State sc~'iccs an(~ ~lalcrials a,. , wliows: (.%'ct Jbrth service to bc rc,acrcd hv (,'otllrcJc'lor, (JmOurit lc, bc [h~ld Coti;raL'l~,r,
:. "u for pcorormatx'c or complctior:, ar~l a:tach l,lan.v and .' :,cc¢c.',,. ;, m.~. if at ) .)
1. Contractor agrees to provide the services of a Court Liaison
Clerk for the filing of California Highway Patrol misdemeanor cases
at Central Orange County Municipal Court District Attorney's Office,
and Harbor Orange County Municipal Court District Attorney's Office.
These services are to be provided for the Santa Ana Area California
Highway Patrol, 2031 East Santa Clara Avenue, Santa Ana, CA 92711.
2. Contractor agrees to provide service in accordance with the
attached Specifications marked EXHIBIT A, FORM 17A NONDISCRIMINATION
CLAUSE, STATE CONTRACT REQUIREMENTS and DISPUTE RESOLUTION PROVISION,
all of which are made by reference a part hereof.
3. Service coordinator for this contract shall be Lieutenant
D. Mc Kenna, California Highway Patrol Santa Aha Area, telephone
(714) 547-8311.
CONTINUED ON _.__..]._ ...... SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
Thc :~rovis~ons on d~c reverse side hereof con. utt.'tc ;, part of tJus agreement.
;N \ViTNESS Wi'tEP, EOF. this agmenn'nx has bccn executed by thc parties hereto. UpC,~ thc date first :d~o'.':' w~'itten.
STATE OF CALIFORNIA
Cairo .- .
.... : .~..o.~_.n ~ a__ P. i c hr_ay_P_ a ~!_c~ .............
.--'- A~?-iO.q:Z."O .c. ~NArU~;',
~i ', 'LD'NAM£ Or P6 ;t$ON SIGNI%:G ................
,~=,inistratJve Services Officer
','.'$J";: ENG..,'L'i;EA£D Bv 7-. g [ i DROC':4A"'"'CATEGO=]v ,COD:.. AND T~]L[,
~ PF .o9 r)m ..9.9 ...
$1/,!57.03 ... ?'-'./.~.~_...o--,a% .cs[:
- . ........ C'~/r~"% ~,-j.- ,~ ....
'4 ,ha AMOU;,' EI";3U~.'BF;iF3 ;O"'l J:
$
1
5,
'- S CO';T~AC, T :J ...... -
93/94' ¢~5,4~4 =
CONTRACTOR
Ci of Tustin
.... //'-;, ..............
/-~...J.~. , ~- . .z4_. · ._ ./gq.,-/U /.q._cr .3__ /~f~ y.o_~_ .....
300 Centennia! Way, Tustin~ CA 92680
;LIND"~ITLE ~';'%,,; ,,/tCC~_o ]. DepartrnentofGeneralSerwces
State Trans. I Use Only
94/95.: ~1.~2.8.7... =
:-.-'.~l-~.~-,-c-~'< ..' ~--.~cL~%i'~L~-~o ..... ' 272C,-001-044 587 ] 992 .9~/92!
S ' 2675/418/10100 i.,
I hc,.'cby cc ':::y upon my own oersona; knowie~oe the: budge:od f~ds -.~i.A NO ~ ~ No
are avaflab, o lot I've Dc, nod and purpose of tho expenditure staled ,3Dovo.
3NA-~R~ O: ACCOuNTiNG C:F:Ci i~ DATE
C0%-qACTOq ! S-AT[. AG.'_N?" Or"T Or G..'% F,.-q. C:)'4T'~CLL[ '~
City of Tustin, 92-C6431
Page 2
August 1, 1992
4. The term of this contract shall be August 1, 1992 through
July 31, 1995.
5. This contract may be amended by written mutual consent of the
parties hereto.
6. This contract may be cancelled by either party upon thirty (30)
days prior written notice to the other party.
7. State agrees to pay Contractor monthly in arrears upon receipt of
an invoice One Thousand Two Hundred Eighty-seven Dollars ($1,287.00),
including all applicable taxes and expenses. Total contract amount
shall not exceed Forty-six Thousand Three Hundred Thirty-two Dollars
($46,332.00) .
8. Payment shall be made from funds appropriated to the Department
of California Highway Patrol and subject to the fiscal procedures of
the State of California.
9. Contractor agrees to submit all invoice(s) in triplicate to the
service coordinator for approval clearly indicating this contract
number (92-C6431). Invoices not on pre-printed bill heads shall be
signed by the Contractor furnishing the service. Payment will be
made within fifty (50) calendar days from the postmarked date of a
properly submitted invoice.
10. This contract is valid and enforceable only if sufficient funds
are made available by the Budget Act of the appropriate fiscal year
for the purposes of this program. In addition, this contract is
subject to any additional restrictions, limitations or conditions
enacted by the Legislature which may affect the provisions, terms or
funding of this contract in any manner.
EXHIBIT A
COURT LIAISON CLERK
CITY OF TUSTIN
92-C'[,431
A. DUTIES AND RESPONSIBILITIES OF COURT LIAISON CI,ERK,
2 o
( CI,ERK, }{EREINAFTER).
Pick up misdemeanor complaint packages at the California Highway
Patrol (CHP) Santa Ana Office by 0630 hours daily, Monday through
Friday, excluding holidays:
a o
Deliver daily to the Central Orange County Municipal Court
(COCMC) District Attorney's Office.
bo
Deliver Tuesdays and Thursdays to the Harbor Orange County
Municipal Court (HOCMC) District Attorney's Office.
Pick up all subpoenas at the COCMC daily; and HOCMC, Tuesdays and
Thursdays only, for CHP; and return those subpoenas to the
respective courts after service by the CHP.
The CLERK shall maintain a smooth and professional relationship
with the Court.
Submit to the CHP a report on the number of cases taken to
court. This report shall be completed daily.
B. DUTIES OF CALIFORNIA HIGHWAY PATROL, SANTA ANA OFFICE
The CHP will be responsible for the preparation of the
misdemeanor complaint packages to be filed at COCMC and HOCMC,
including transmittal sheets, and have them available for pick up
a- the CHP Santa Ana Office.
Subpoenas will be made available at the pick up location of the
CHP Santa Ana Office, and a copy will be returned to the Court by
the Contractor's Court Liaison CLERK after service or rejection
in accordance with CHP policy.
The filing of felony cases will be the responsibility of the C}{P
Santa Ana office.
Once notified by the COCMC Law Clerk that an officer is needed in
court, it will be the responsibility of the CHP to locate and
advise the officer. If unable to locate the officer, ClIP shall
apprise the COCMC Law Clerk, who will advise the Court. All
payroll bookkeeping of CHP officer's court time will remain with
CHP.
For misdemeanor cases onl~,, Officers will check in with CLERK on
subpoena date.
STATE OF CALIFORNIA
STD t'/Ail~ew 5/83)
NONDISCRIMINATION CLAUSE
(OCP - 1 )
During the performance of this contract, contractor and its subcontractors shall not
unlawfully discriminate against any employee or applicant for employment because
of race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, age (over 40) or sex. Contractors and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and subcontractors shall
comply with the provisions of the Fair Employment and Housing Act (Government
Code, Section 12900 et seq.) and the applicable regulations promulgated
thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The
applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4
of Title 2 of the California Administrative Code are incorporated into this contract by
reference and made a part hereof as if set forth in full, Contractor and its
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
2. This contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the contract.
STATE OF CALIFORNIA
CONTRACT REQUIREMENTS
STATEMENT OF COMPLIANCE
The prospective contractor's signature affixed hereon and dated shall
constitute a certification under the penalty of perjury under the
laws of the State of California that the bidder has, unless exempted,
complied with the nondiscrimination program requirements of
Government Code Section 12990 and Title 2, California Code of
Regulations, Section 8103.
NATIONAL LABOR RELATIONS BOARD
Contractor agrees that by signing the contract, does swear under
penalty of perjury that no more than one final unappealable finding
of contempt of court by a Federal court has been issued against the
contractor within the immediately preceding two-year period because
of the contractor's failure to comply with an order of a Federal
court which orders the contractor to comply with an order of the
National Labor Relations Board. (Public Contract Code Section 10296)
STATE AUDITOR GENERAL AUDIT PROVISION
The contracting parties hereto shall be subject to the examination
and audit of the State Auditor General for a period of three (3)
years after final payment under the contract in accordance with the
Government Code Section 10532. In addition, the contractor may be
subject to examination and audit by representatives of the California
Highway Patrol. The exa~Lination and audit shall bc confined to those
matters connected with the performance of the contract including, but
not limited to, the costs of administering the contract.
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGIB4AY PATROL
DISPUTE RESOLUTION PROVISION
By signing the contract, contractor agrees to abide by this
provision.
Any dispute concerning a question of fact arising under the
terms of this contract which is not disposed of within a
reasonable period of time by the Contractor and State
employees normally responsible for the administration of this
contract shall be brought to the attention of the
Administrative Services Officer (or designated
representative) of each organization for joint resolution.
At the request of either party, the State shall provide a
forum for discussion of the disputed item(s), at which time
the Administrative Services Officer, or his/her
representative, shall be available to assist in the
resolution by providing advice to both parties as to the
State of California, California Highway Patrol, policies and
procedures. If agreement cannot be reached through the
application of high level management attention, either party
~aay assert its other rights and remedies within this contract
or within a court of competent jurisdiction.
The rights and remedies of the State provided above shall not
be exclusive and are in addition to any other rights and
remedies provided by law or under the contract.
The mailing address for disputes shall be:
Department of California Highway Patrol
Business Services Section
Contract Management Unit
P. O. Box 942898
Sacramento, CA 94295-0001
STATE OF CALIFORNIA
STATEMENT OF COMPLIANCE
STD. 19 (Rev. 3-87)
COMPANY NAME
The company named above (hereinafter referred to as "prospective contractor") hereby certifies, unless
specifically exempted, compliance' with Government Code Section 12990 and California Administrative Code
Title 2, Division 4, Chapter 5 in matters relating to the devclol')ment, ilnplemcnlation and maintenance of a
nondiscrimination program. Prospective contractor agrt.cs not to ,nlawfully discritninatc against any employee
or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap,
medical condition (cancer related), marital status, sex or age (over forty).
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized to legally bind the prospective contractor to
the above described certification. I am fully aware that this certification, executed on the date and in thc count),
belov,', is made under penalty of perjury under the laws of thc State of California.
NAME OF OFFICIAL
DATE EXECUTED
PROS...~C~E CO~T.A-CT~ S~A~U.E
PROSPECTIVE CONTRACTOR TITLE
EXECUTED IN THE COUNTY OF
PROSPECTIVE CONTRACTOR FEDERAL EMPLOYER I.D. NUMBER
87 43877
DEPARTMENT OF CALIFOr. N1A HIG,~WAY PATROL
SMALL BUSINESS DATA SHEET
Reference No:
Please complete the questlons below and return this for~ with your contract. This
infor~;~at[on will be used for statistical purposes or, ly.
Are you registered with the State of Cal~fo,.-n~:~a Office of Sm:ill Minority
Business?
Yes No
If yes, please indicate vendor identification
number
2. Indicate whether bus,ness is owned by male, female, or Disabled Yetevan.
Male
Female
(Must be at least
51% o~ned)
Disabled
Veteran (Must be at
least 51% owned)
3. Check the one which best describes your ethnic background.
Black
Asian
Hispanic
Filipino
American lndians
Caucasian/~,~ite or Other
***********************************************************************************
The undersigned declares under penalty of perjury that the info~,--nation set forth is
true and correct.
Name and Title (Type or Print)
Firm
Signature Date
Street Address
Telephone Number
City State Zip
076-93 (11-91)
0355b
DRUG-FREE WORKPLACE CE
$-~ 2' (N'."~' '.~-90,
:ICATION
NAME
Thc contractor or grant recipient named above hereby ccrti£ics compliance with Government Code
Section 8355 in matters relating to providing il drug-free workplace. The above n:rncd contractor or
grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, di:;tribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), lo
infom~ employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that ever), employee ,,,,,ho works on the
proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by thc tcm'~s of tile company's statement as a condition of employment Oil
the contract or grant.
CERTIFICATION
I, tile official named below, hereby swear that I am dul)' authorized legally to bind the contractor or
grant recipient to the above described certification. I am full), aware that this certification, executed on
the date and in the county below, is made under penahy of perjury under the laws of thc State of
California.
;"~ T E E XEC,fimiED
;,~'~':'R~CiOR or GRANT REC;PIENT SIGNATUR;'
i.D. N;.JMBLR
S'A"~ O' CA.'r,D
VENDOR DATA RECORD
(Required in lieu of IRS W-9 when do...d business with the State of California)
S;'t 2(~ ~TEM~ 3-92,
OEPAmME~T~r~,CE California HSghway Patrol
Con,qr.a.__c.t._FJ~nagemen.t lin i t
PLEASE STREE: ADD~IE S~' .................
RETURN 1~. 0. Box 942898
TO:
CITY. STATE ZiP CODE
Sacramento, CA 94298-0001
PURPOSE: InternaL,on coqtained inthis form
will be used by State agenc...s to prepare Infor-
mahon Returns (Form 1099) and for withholding
on payments to nonresident vendors
(See Privacy Statement on reverse.:
%-"O;'{'S iJUSINFSS NAME
ADDRESS
sfi¥'~-~b z,P co~E
OWN[ RS FULL NAML (Las; F~rs' MI)
ARE Ye:. q.a,J.¢.C'~ TO FEDLRA.. BACKUP
Wi1 HI. IL,
..... (,S~, ,nsruc~,ons I~ IRS go~ W.9,
STRUCTIONS:
(1). Check box ~nd~catlng type of business enhty and provide taxpayer ~dentihcahon number.
(2). Check box mdicating resident or nonresident. (See reverse for additionalinformahon).
(31. Check one or more VENDOR ACTIVITY boxes specifying vendor activity type.
VENDOR ACTIVITY
VENDOR TYPE / RESIDENCY STATUS A B
:--' CORPORATION ~ MEDIC, A~ S[RVICESIIncIuo,ng ~an,s ry.
~ If nlat i-ape/al Employer Ic~nhhc~lho~ Numl)et) ~1 pockatr~, I~Sv'chother~t oplomatrL ~ SERVICES {NON MEDICAL)
: ~ EQUIPMENT /SUPPLIES
-- I (Exen~af h'om Slate
~ Resident - Qualihed to do business in CA / ~ RENT
' ; Permanent place o! busmess in CA
--~ OTHER
?--' Non Resident (See Reverse) (sp~
[,~ INDIVIDUAL/SOLE PROPRIETOR
· i'Enlet ,.~oc~al Security Account IVurnbet only, NOT F'~IN)
· ~ Residen'. Non Resident (See Reverse)
PARTNERSHIP
(Enla" Feoeta! EmMoyer Idenr,hr, lmo~
:.---J' Resident ~ Non Resident (See Reverse)
ESTATE OR TRUST
(Enle~ F-eOetal £'mD~oyer Iowntd~caDor. Number)
NON EMPLOYEE COMPENSATION (Including
MEDICAL SERVlCES#nclud~r~. denl~slq/.
13O~alt)', ~ychott~eral~y, o~tom~tty,
~fo~'act~c. e~.)
INTER[ST fExempt Iron Slate ~th~g:
R[N~
ROYALTIES
PRIZES AND AWARDS
OTli[R (5~)
EQUIPMENT/~UPPLIES from State
--'~. Res~oent (Estate) - Decedent was a CA resident at
l .i tne t,me ol death
,r---I Residen~ CTmst) - At least one trustee is a CA
res;3ent
.__: Non Res~den; (See Reverse)
I hereby certify un,er penalty of perjury that the Information provided on this document is true and correct.
__ If my residency status should change, I w..ill pr____~om_~!ly inform you.
A,;'H,');~;Z;'D V~.N~OR REPRESENTA 'iVE'S NAME ('lyre ot Pnnt,, TITLE
SIGN v? ....... DATE ~ '
~ TELEPHONE NUMBER
CO', T ~-'tAC T,'t.E A SE NUMBER
: ~_j, NONEMPLOYEE [~ MEDICAL
COMPENSATION SERVICES
A?ORTABLE IN,~OM[ CODE PEA STATE AOM;NISTRA:[I'V["MANUA;. SECTION 842'2 19
RENT E~ OTHER
. bATE INiTiALED
iINI'BALS ,
NONRESOENT WITHHOLDING
~1 STANDARD RATE
.I---1 WAIVED
~ REDUCED RATE ~
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
RESOLUTION NO. 92-152
Mary E. Wynn, City Clerk and ex-officio Clerk of the city Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 21st day of December, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pontious, Potts, Puckett, Saltarelli, Thomas
None
None
None
Mary E. Wyn~, City Clerk