HomeMy WebLinkAbout04 COURT LIAISON CHP 02-05-96JANUARY 22, 1996
NO. 4
2-5-96
Inter_Com
.¢ -'
OATE'
TO: WILLIAM HUSTON, CITY I~N.~GER
FROM: ':' POLICE DEPARTMENT
SUBJECT:
COURT LIAISON AGREEMENT - CALIFORNIA HIGHWAY PATROL (CHP)
Recommendation'
That Council authorize the Chief of Police to execute attached Agreement for the
Tustin Police Department to contractually perform Court Liaison duties for the
California Highway Patrol.
Background'
The Tustin Police Department has performed Court Liaison duties for the California
Highway Patrol since 1989. The contract for these duties has recently-expired. The
Highway Patrol is requesting a one-year extension of this contract. They reimburse
the City approximately one half of the Court Liaison salary for performance of these
duties.
The A~lreement has been reviewed and approved by the City Attorney. The Police
Department recommends approval the contract.
FW:et
Attachment
hutton. 196
S fATE OF CALIFORNIA
STANDARD AGREEMENT. ArrORNEY~P""OVED BY THEGENE.AL J OON~AOT NUMBER
sm.~v.s~ . ~ 95-C9439
~ IAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION ~UMF,
Tills AGREEMENT, made and entered into tiffs 1~__ _ day of A~USt .... , 1995._ ,
in thc State of California by and bmWeen State of California, through its duly elected or appointed, qualified ~d acting bl9 ~ '
T~TLE O~ OmC~ AC~UG ~O~ STa~ [ AGenCY
A~in. Services Officer [ California Hichwav Patrol hereafter called ~e State, ~d
CONTRACTOR'S NAME ~ * '
City of ~].~tJn (7] 4) 5dd-5424 , hereafter called ~c Con.actor.
~~SETH: ~a[ ~c Con.actor for ~d ~ co~idcrafion of ~c covcn~ts, conditions, aErccmcms, and sdpu]afio~ of ~c State hc~ahcr expressed,
docs hereby agree to f~sh to ~c State so.ices ~d mamda]s ~ follows: (Set~orzh se~Jc~ ~o be r~reg by Co~r~ctor, ~o~ ~o be p~g Coatraczor,
z~ ~or p~r~or~e or co~pl~fioa, ~ ~ztach p~ ~ specJ~c~fioax, ~ ~.)
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
the Harbor Orange County Municipal Court District Attorney's Office.
These services are to be provided for the California Highway Patrol
Santa A~a Area Office, 2031 East Santa Clara Avenue, Santa Aha CA
92701. '
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 Lt. L. Davis,
California Highway Patrol Santa Ama Area, telephone (714) 547-8311.
CONTINUED ON
SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
AGENCY
STATE OF CALIFORNIA
Dept. of California Highway Patrol
BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING
TITLE
Admin.
Services Officer
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE)
DOCUMENT
99
- $ 14; 157 ~00 - qq/q~ (OPTIONAL USE)
PR~OR AMOUNT ENCUMBERED-F~)R - v
THIS CONTRACT
TOTAL AMOUNT ENCUMBERED TO
DATE
$
CONTRACTOR
CONTRACTOR (Il other than an individual, state whether a corporation, partnership, etc.)
City of Tustin
BY (AUTHORIZED SIGNATURE)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
300 Centennial Way
Tustin, CA 92680
iFUNDTITLE MVA Acct..I DepartmentofGeneralServices
State Trans. Use Only
~'] CONTRACTOR r'~ STATE AGENCY ~] DEPT. OF GEN. SER. ~ CONTROLLER
_ _
I hereby 'certify upon my own personal knowledge that budgeted funds i T.B.A NO. B.R. NO.
are available lor the period and purpose of the expenditure stated above.
SIGNATUR~ OF ACCOUNTING OFFICER ....
>
ITEM ! CHAPTER [ STATUTE [ ;ISCALYEAR
2720-001-044 I 303 i1995 i 9'5/96
OBJECT OF EXPENDITURE (CODE AND TITLE) .......
2675/418/10100
City of Tustin, 95-C9439
August 1, 1995
Page 2
4. The term of this contract shall be August 1, 1995 through
June 30, 1996.
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 Fourteen Thousand One Hundred Fifty-seven Dollars
($14,157.00) .
@. 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.
Contractor agrees to submit all invoice(s) in triplicate to the
service coordinator for approval clearly indicating this contract number
(95-C9439). 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.
11. Under no circumstances Shall the Court Liaison Clerk (ContraCtor)
be constrUed to be an employee of the California Highway Patrol (State),
nor shall the State be construed for any purpose to be an employer of
the Contractor.
12. Contractor shall utilize its best efforts at all times in
performing its obligations under this agreement. However, Contractor
shall incur no liability of any nature in the event circumstances beyond
the reasonable control of .Contractor, its officers or agents, prevent
the performance required herein.
EXHIBIT A - SPECIFICATIONS
COURT LIAISON CLERK
CITY OF TUSTIN
95-C9439
Ao
m o
DUTIES AND RESPONSIBILITIES OF COURT LIAISON CLERK,
,(CLERK, HEREINAFTER)
.
o
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
b °
Deliver'daily to the Central Orange County Municipal
Court (COCMC) District Attorney's Office.
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.
..
·
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 at 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
CHP Santa Ana office.
Once notified by the COCMC Law Clerk that an officer is
needed in court, it will be the responsibility of the CH? to
locate and advise the officer. If unable to locate the
officer, CHP shall apprise the COCMC Law Clerk, who will
advise the Court. Ail payroll bookkeeping of CHP officer's
court time will remain with CHP.
For misdemeanor cases only, Officers will check in with C!_J:~..k~P'
en subpeena date..
cilIATE OF C, ALIFO~NIA
NONDISCRIMINATION CLAUSE (c, CP-1)
STD 17A (REV. 3-95)
.
During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate,
harass or allow harassment, against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer),
age, marital status, denial of family and medical care leave and denial of pregnancy disability leave.
Contractors and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and hai'assment. Contractor 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 Code of Regulations, Title
2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Goverhment Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations 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.
This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
STATE OF CALIFORNIA
CONTPuACT P~EQUIREMENTS
NONDISCRIMINATION .COMPLIANCE STATEMENT
The prospective contractor's signature affixed hereon and dated
shall constit.ute a certification under the penalty of perjury
under the laws of the State of California that the bidder has,
unless exempted, complied wiE'h the nondiscriminaEion 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 ~ith an
order of a Federal court which orders the contractor to compl},
with an order of the NaEional Labor Relations Board.' (Public
Contract Code Section 10296)
STATE AUDITOR GENERAL AUDIT PROVISION
The contracting parties hereto shall be subject ~o Ehe
examination and audit of Ehe State Auditor for a period of Ehr-ee
(3) years after final payment under the contrac~ in accordance
with the Government Code Section 8546.7 In addition, [he
contractor ma}, be subject to examinauion and audit
representatives of the California Highway parasol The
examination and audiu shall be confined
connected wi~h '~he performance o£ khe conu~-a.ck ir~cl~;~,..~,,
limited to, ~he costs of_- adm~ni.st;ertna t;he
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA 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 Lo the a~tention of the
Administrative Services Officer (or designated ~-ep~'esentaLive)
of each organization for joint resolution At Lt~e ~'equest of
either party, the State shall provide a forum fo~-d~scussion
of the disputed item(s), at which time the Adminls~-ative
Services Officer, or his/her representative, shall be
available to assist in the resolution by providing advice to
bott~ parties as to the State of California, Califo~-nia Highway
Patrol, policies and procedures. If agreement cannot be
reached thrQugh the application of high level management
attention, either party may assert its other rights and
remedies within this contract or within a court o[" competent
jurisdiction.
The rights and .-remedies of the State provided above shall not
be exclusive and are in addition to any other ~-igh~s and
remedies provided by law or under the con~-ac~
The mailing address for disputes shall be-
.Department of California Highway PaL~:o]
Business Services Section
Contract Managemen~ Uni~
P. O. Box 942898 ·
Sacramento CA o4 ->go
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