HomeMy WebLinkAboutDROZ, MARILYNINSURANCE NOT REQUIRED
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O ' Povce Cl-) GREEMENT FOR COMPOSITE SKETCH FORENSIC ART SERVICES
U THIS AGREEMENT is made and entered into this 10"' day of October, 2019 by and between
Mari lyn Droz, ("Consultant") and the City of Santa Ana, a charter city and municipal corporation
organized under the Constitution and the State of California ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
composite sketch forensic art services.
B. In June 2019, the City requested a proposal from the Consultant to perform the services of
a Police Composite Forensic Artist.
C. Consultant represents that she is able and willing to provide such services to the City.
D. The City has reviewed the Contractor's proposal, found it to be satisfactory in response to
the services needed by the City, and determined the Contractor has the experience and
qualifications to provide the type and level of service required by the City.
E. In undertaking the performance of this Agreement, Consultant represents that she is
knowledgeable in it field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consultant in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows: the City and Contractor
agree that the Contract be amended as follows:
1. SCOPE OF SERVICES
Consultant shall perform her services as a, composite forensic artist in accordance with the
scheduling provided in Section 2 below.
2. COMPENSATION
a. The City's obligation to make payments under this Agreement shall be limited to
the current not to exceed amount. At the time of execution of this Agreement, the total not
to exceed amount for this Agreement is $10,000.00, If the City appropriates additional
finds for this Agreement, the City's payment obligations shall be expanded to the extent
of such appropriation(s), subject to the terms and conditions of the Agreement, and an
amendment implementing that change shall be executed by the parties.
b. Consultant will be paid in accordance with the following fee schedule:
1. Normal Business Hours - During the hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday (hereinafter referred to as normal working hours), a flat fee of Three Hundred Fifty
Dollars ($350.00) will be paid for each composite drawing with one (1) witness, for up to
three (3) hours per drawing. [In the event more than three (3) hours are requiredfor said
witness(s), including wait time, and with the approval of the case investigator or a
supervisor, an additional amount will be paid, over and above the contract amount, at the
rate of Seventy -Five Dollars ($75.00) per hour]
2.Outside Normal Business Hours - Payment for composite drawings made at the request
of the case investigator which take place on weekends or after normal business hours will
be paid in accordance with the payment schedule for normal working hours except that the
initial flat fee will be three Hundred and seventy -Five Dollars ($375.00) for each separate
composite drawing. [In the event more than three (3) hours are required for said
witness(s), including wait time, and with the approval of the case investigator or a
supervisor, an additional amount will be paid, over and above the contract amount, at the
rate of Seventy -Five Dollars (S75.00) per hour]
3. Emergencies - Payment for composite drawings made at the request of the case
investigator or a supervisor, which are emergencies with less than 24-hour notice will be
paid at the same rate in accordance with the payment schedule for outside normal working
hours. [In the event more than three (3) hours are required for said witness(s), including
wait time, and with the approval of the case investigator or a supervisor, an additional
amount will be paid, over and above the contract amount, at the rate of Seventy -Five
Dollars (S75.00) per hour]
4. Court Appearances - Payment for any court appearances related to said composite
drawing will be paid at the rate of one hundred and fifteen Dollars ($115.00) per hour to
the extent when such appearance(s) are not going to be compensated from other sources
such as the Orange County District Attorney's Office. Additionally, all pre -court
appearance interviews with attorneys, investigators, either prosecution or defense, that are
related to a composite drawing, will be at the rate of Seventy -Five Dollars ($75.00) per
hour to the extent that said interviews are not going to be compensated from other sources.
5. Travel Time - Consultant will not be paid for travel time for services required within a
twelve -mile (12) radius of the Contractor's business location, noted in Section 9 below, and
for services to and from the Santa Ana Police Department.
However, in the event a composite drawing requires extraordinary travel time, such as
outside Orange County or this state, and if approved in writing by the City, the travel time
to and from the requested location for the composite drawing (door to door) will be paid at
the rate of Seventy -Five Dollars ($75.00) per hour plus reimbursement of all travel
expenses (hotels and meals) in accordance with City policy.
6. No Shows - Payment for cases where a witness fails to keep an appointment (referred
to as a "no show"), will be at the flat rate of Ninety -Five Dollars ($95.00).
7. Other Related Tasks- Payment for related tasks not set forth above will be at the rate
of Ninety -Five Dollars ($95.00) per hour.
8. Facial Reconstruction of Deceased Persons - Facial reconstruction drawings of
deceased persons, whether decomposed or from a skull, require extraordinary time to
complete, This type of drawing also requires that Contractor review dental charts, visit the
Coroner's Office if applicable, and review reports prepared by an anthropologist. These
types of drawings can take week(s) to complete.
a) Two-D (2-D) drawing in pencil: $600.00
b) Clay reconstruction: $1200.00
C. Consultant shall not provide any services, goods or equipment, and the City shall
not pay for any services, goods or equipment provided, in excess of the not to exceed
amount for this Agreement.
d. City acknowledges and agrees to pay for services provided by Consultant prior to
the execution of this Agreement. The invoices to be paid by the City are listed as follows:
i. Invoice Date: 11-17-18 Case #DR 2018-27530 Invoice Amount: $300.00
ii. Invoice Date: 11-26-18 Case #DR 2018-28083 Invoice Amount: $300.00
iii. Invoice Date: 01-08-19 Case #DR 2019-00365 Invoice Amount: $300.00
3. TERM
This Agreement shall commence on the date first written above and terminate on July 30.
2022 unless terminated earlier in accordance with Section 12, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
INSURANCE — Waived per recommendations from Risk Management
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability; (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages,just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
Furthermore, City agrees to fully indemnify, and hold harmless Contractor for all litigation costs,
including, but not limited to attorney's fees and related costs, arising from any acts committed by
said City, its employees, or its agents, whether intentional or negligent, that may arise as a result
of City's employment of Marilyn Droz under this Agreement and or the use of any composite
drawing by SAPD.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714- 647-6956
With courtesy copies to:
To Consultant:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, CA 92702
Fax: 714-245-8007
Marilyn Droz
1402 Applecross Lane
Huntington Beach, CA 92648
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed
to have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and.
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any terms
or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,
the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not
embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City with or without cause upon thirty (30) days
written notice of termination. In such event, Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to receipt of
such notice of termination, subject to the following conditions:
a. As a condition of such payment, the City Manager may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents to the City's
use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought
or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
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Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below
has the power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is not, in
fact, held by the signatory or is withdrawn,
b. All Exhibits referenced herein and attached hereto shall be incorporated as
i ['fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
DAISY GOMEZ
�flerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
)[ral
Tamogosian
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Chiet of Police
CITY OF SANTA ANA
KRISTINE RIDGE.'
City Manager
CONSULTANT
Marilyn Droz