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HomeMy WebLinkAboutCC RES 89-064 RESOLUTION NO. 89-64 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 resolve as follows: of the City of Tustin does hereby 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 with deliver misdemeanor complaint packages and subpoenas to and from the Central Orange County Municipal Court and the Harbor Orange County 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 t~e 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 of Tustin, held on the 15th day of May, 1989. Mayor ATTEST- Clerk (C21 47B) 04/21/89 EXHIBIT "A" AGREEMENT FOR COURT LIAISON CLERK This Agreement is made by and between the City of Tustin, hereinafter referred to as "Contractor", and the California Highway Patrol (CHP) Santa Ana Office, hereinafter referred to as "Agency". The parties intend by this Agreement to provide for the services of a Court Liaison Clerk for the filing of CHP misdemeanor cases at Central Orange County Municipal Court District Attorney's Office (COCMCDA), and Harbor Orange County Municipal Court District Attorney's Office (HOCMCDA). Deviations from this Agreement will be discussed and agreed upon by both parties. DUTIES AND RESPONSIBILITIES OF COURT LIAISON CLERK The Contractor will provide the following services: · Deliver daily to the COCMCDA all the misdemeanor complaint packages for the CHP Santa Ana Office received by 0630 hours daily (Monday through Friday, excluding holidays). Deliver Tuesdays and Thursdays to the HOCMCDA, all misdemeanor complaint packages for the CHP Santa Ana Office received by 0630 hours. · Pick up all subpoenas at the COCMC and HOCMC (Tuesdays and Thursdays only) for CHP and return those subpoenas to the respective courts after service by the CliP. · 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 Agency will provide the following: · The CHP will be responsible for the preparation o~ 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 pice 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 CliP policy. · The ~iling of felony cases will be the responsibility of the CliP Santa Ana offiCe. · Once notified by the COCMCDA Law Clerk that an o~ficer is needed in court, it will be the responsibility of the CHP to locate and advise the officer. If unable to locate the officer, CHP shall apprise the COCMCDA Law Clerk, who will advise the Court. Ail payroll bookkeeping of CHP officers' court time will remain wi th the CHP. BILLING AND PAYMENT PROCEDURE , , , The Contractor shall provide the Agency with a bill. Payment will be made to the Contractor as soon as possible. TERM OF AGREEMENT The term of this Agreement shall be one (1) year from the date signed by Contractor and Agency and may be extended for additional one-year periods upon agreement by both parties. , This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. SCHEDULE OF FEES The Agency fee for court liaison services for the duration of this Agreement will be $12,336 per year, or $1,028 per month. Contractor Agency City of Tustin 300 Centennial Way Tustin, CA 926 80 California Highway Patrol Santa Ana Office 2031 East Santa Clara Santa Ana, CA 92701 WHEREFORE, the parties hereto have entered into this Agreement as of the day of ...... , 1989. CITY OF TUSTIN By Mayor ATTEST: By City Clerk CALIFORNIA HIGHWAY PATROL By Commander (C2147A) 04/21/89 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 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 of the City of Tustin is five; that the above and foregoing Resolution No. 89-64 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the !5th day of May, 1989, by the following vote- AYES · COUNCILPERSONS' Kennedy, Edgar, Kelly, Prescott NOES · COUNCILPERSONS · None ABSTAINED · COUNCI LPERSONS · None ~~BSENT · COUNCI LPERSONS · Hoesterey CITY C~RK