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HomeMy WebLinkAbout08 CHP CT LIAISON SVCS 08-19-96NO. 8 8-19-96 lnter-Com DATE' AUGUST 14, 1996 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: POLICE DEPARTMENT SUBJECT: AGREEMENT WITH CALIFORNIA HIGHWAY PATROL/COURT LIAISON SERVICES Summary Recommendation City Council approve the attached contract authorizing the City of Tustin to continue to perform the court liaison duties for the Santa Aha office of the CliP. Fiscal Impact Salary reimbursement of $17,388 for fiscal year 1996-97. Background On May 15, 1989, the City Council approved Resolution No. 89-64, which authorized the City of Tustin to enter into an agreement with the Santa Ana office of the CliP. The agreement allowed court liaison duties to be performed by the Tustin Police Department for the CHP. It is time to renew this agreement. The agreement provides payment of $17,388 for fiscal year 1996-97, which is approximately one-half of our court liaison officer's salary. Sharing our court liaison officer with the CliP for this usage will not adversely affect this Department's operation. The contract has been reviewed by our City Attorney and approved as to form. WDF:FW:kh S~AT~ OF CAL[FORhlA . STANDARD AGREEMENT- ..ROVED BY THE , ATI'ORNEY GENERAL CONTRACT NUMBER STD. 2 (REV.5-91) AM. NO. 96-¢1376 TAXPAYER~ FEDERAl. EMPLOYER IDENTIFICATION NUMBE;: THIS 'AGREEMENT, made and entered into this 1st day of July ' . 19 96 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE I AGENCY Admin.. Services Officer CONTRACTOR'S NAME California Highway Patrol . hereafter called the State, and City of Tustin (714) 573-3255 , hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and speci./'u:ations, if any.) 1. Contractor agrees to provide the services of a Court Liaison Clerk for the filing of Califomia 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 Califomia Highway Patrol Santa ARa Area Office, 2031 East Santa Clara Avenue, Santa Ana, CA 92701. 2. Contractor agrees to provide service ia 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. K. Rosenberg, California Highway Patrol Santa Ana A~.ea, telephone (714) 547-8311. 4. The term of this contract shall be July 1, 1996 through June 30, 1999. 5. This contract may be amended by written mutual consent of the parties hereto. CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. Thc provisions on thc reverse side hereof Constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date FL'St above written. AGENCY STATE OF CALIFORNIA Dept. of California Highway Patrol (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING Admin. AMOUNT ENCUMBERED BY THIS DOCUMENT $ 17,388 96/97 Services Officer PROGRAM/CATEGORY (CODE AND TITLE) 99 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THISCONTRACT Gl7,388 97/98; $ ITEM TOTAL AMOUNT ENCUMBERED TO ,. 2720-001-044 DATE OBJECT OF EXPENDITURE (CODE AND TITLE) $ 2675/418/10100 I hereby certify upon my own personal know/edge that budgeted funds ' I T.B.A. NO. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER $17 t 388 'l CHAPTER [62 CONTRACTOR CONTRACTOR (Il o~h~ tha~ ~ ir~livi~lua( state m4tether a co--~on, City of Tustin BY (AUTHORIZED SIGNATURE) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS en ennla ay . Tustin, CA FUND TITLE State Trans 98/99 I STATUTE / FISCAL YEAR 1996 96/97 IB.R. NO. DATE 92680 Department of General Services Use Only F1 CONTRACTOR F--1 S~ATE AGE.CY F1 DEPT. OF GE". GER. Fl CO"TROLLER F1 City of Tustin, 96-C 1376 July 1, 1996 Page 2 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 Four Hundred Forty-nine Dollars ($1,449.00) per month, including all applicable taxes and expenses. Total contract amount shall not exceed Fifty-two Thousand One Hundred Sixty-four Dollars ($52,164.00). 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 (96-C1376). 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 96-C1376 me DUTIES AND RESPONSIBILITIES OF COURT LIAISON CLERK (CLERK. HEREINAFTER) le , . , Pick up misdemeanor complaint packages at the California Highway Patrol (CHP) Santa Ana Office by 0630 hours daily, Monday through Friday, excluding holidays: a. Deliver daily to the Central Orange County Municipal Court (COCMC) District Attorney's Office. b, DeliYer 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. g. DUTIES OF CALIFORNIA HIGHWAY PATROL. SANTA ANA OFFICE 1. 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 Aha Office. o o . Subpoenas will be made available at the pick uplocation 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 CHP to. locate and advise the officer. If unableto locate the officer, CHP shall apprise the COCMC Law Clerk, who will advise the Court. All payroll bookkeeping of CHP officer's court time will remain with CHP. 5. For misdemeanor cases only, Officers will check in with CLERK on subpoena date. STATE OF CALIFORNIA CONTRACT REQUIREMENTS NONDISCRIMINATION COMPLIANCE STATEMENT 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) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 (42 U.S.C. 12101 ET SEQ.) Contractor by signing this contract assures the State that it complies with the Americans with Disability Act (ADA) of 1'990 (42 U.S:C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. STATE AUDITOR AUDIT PROVISION The contracting parties hereto shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final paYment under the contract in accordance with the ' GOvernment Code Section 8546.7. In addition, the contractor may be subject to examination and audit by representatives of the California Highway Patrol. The examination and audit shall be 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 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 ~hall 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 may 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 . Sacramemo, CA 94298z0001 Contractor and State agree to continue to carry out all other responsibilities under this contract not affected by the dispute. $:'A'F~ O~'"r'~ A~J ~NIA NONDISCRIMINATION CLAUSE( STD. 17A (REV. 3-g5) ~ ?-1) 1. 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 harassment. 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 Government 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 f°rth 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. "