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HomeMy WebLinkAboutLA ROSA, JOSEPH R. JR. 1AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-6520 if you have any questimns. ----------------------------------------------------- The a�eern&k,with A- Q003 - / Of was C&ple I"inn +014 and final payment has been made. _a' `r-�� tS Department: f Signature:` Date: ` If <, rYy cs ZZ City of Santa Ana RevjsSd 4 I fr'-97 Clerk of the Council c� Wcr INSURANCE ON FILE WORT, W AF PROCEED UNTIL INSURANCE EXPIRES 1�- it —p3 CLERK OF COUNCIL CONSULTANT AGREEMENT A-2003-192 DATES g—IS—n3 THIS AGREEMENT, made and entered into this / 0 day of s �, 2003 by PQ and between Joseph R. La Rosa, Jr. (hereinafter "Consultant"), and the City of Santa Ana, a P OV_ charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). FIN RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of recognizing and identifying narcotics related assets subject to forfeiture pursuant to state and federal asset forfeiture laws. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its 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 consulting firm 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: 1. SCOPE OF SERVICES Consultant, in his capacity as an Asset Forfeiture Specialist, shall: A. Assist Major Narcotics Unit, Street Narcotics Unit and Patrol Officers to recognize and identify narcotics related assets subject to asset forfeiture, pursuant to state and federal forfeiture laws; B. Review, evaluate and upgrade the Department's case management system to identify and track all asset forfeiture cases filed; C. Review all narcotic related incident reports to identify assets subject to forfeiture; D. Conduct follow-up investigations as required to further identify additional assets subject to forfeiture; E. Contact suspects in custody, identify and contact all persons who are required to be served with notices of seizures and intended forfeiture, as required by state and federal asset forfeiture guidelines; F. File required asset forfeiture applications (cases) with the County District Attorney of seizure jurisdiction or the required equitable sharing requests for the designated Federal agency; G. Review and recommend as needed, procedures and policies to conform with State and Federal guidelines; H. Compile and complete monthly, yearly and/or fiscal year statistics of asset seizures, pending forfeiture actions, and funds forfeited to the Department from State and Federal seizures. I. Be available for contact on a 24-hour basis regarding asset seizures and recommendations. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $40.00 per hour. The total sum to be expended under this Agreement, shall not exceed Twenty-eight thousand, eight hundred dollars, $28,800.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of detailed invoice for services performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on September 10, 2003 and terminate on September 9, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for two successive one-year periods, upon a writing executed by the Chief of Police and the City Attorney, for City, and by Consultant. 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, 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. 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 telefacsimile (714) 647-6956 With courtesy copies to: and, Chief of Police City of Santa Ana 60 Civic Center Plaza, M-97 P.O. Box 1981 Santa Ana, California 91702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Joseph R. La Rosa, Jr. 9199 Poinsettia Avenue Fountain Valley, California 92708 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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. 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 are 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 either party for any reason 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 Chief of Police 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with 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 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney I By: 0 V" -G' Laura Sheedy Assistant City Attorney CITMMA�� DAVID N.REAM' City Manager CONSULTANT JOSEPH R. LA ROSA, JR. Tax ID# as4-7d-- -0"+I EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative SRN-00-2004 09;38 SRNTR RNA POLICE DEPT 714 245 5094 P.01 Spwta Program aer Iese ok. 1_6514 Nommod Additional bmmro&: aa; Ir. Joseph SANTA ANA (SYARTA) 9" PoidNti Ave 20 civic Center Plan PO Boa 199H eattaiu Valley, CA 92708 Sans Am CA 97101 A-�003-19.� WatfkateM SSA03.0014 overate SPARTAWS1JSANCHPROGRAb1:Comm mdOmmol1r,W4-Hazard2 Contract Vdu4: S2g.W0.00 CoveaBe Period 9.11 MM to WVIMM , bawreope CsftW Hearer Iomonro Cmq my MatorPolioy mmol bf morPoliey Sf WA* Dvm1In SIM to ezpkmm isih $2.W0,000 Caemd Agga®te / S1,000,000 Each oenmenm 1 $1,000,000 PmducWCaophsed opontiooa I 3I.000.000 Paaoml & Mnrb stglajte M0,0W Pate Dump / Mod" Peymenrs &dulled/ adaratlbla M M & YD Per C19"unmr lnekA%IAn Adju%numt &gMme 5950.W Ptsmittm(FultyFAUWd) 329.69 Tom tTthllyBM24 moo CaufimooFm(FuHYba<eed) $1,0290 Taal Amt eras At 1. No Caowllodom Allowed. 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Thin Quotation is seParm end toot mduded me year montage pmeime This w wge +awn be eo opted or relamd by yw .ore dr ettehed fa®rvwmdru m prior to bu" Per Pt Sue hfi6SWicy. It gopy is CA92705a by � 1e9t� to, MAY kmnc- `so viom. I=. 1920 Em 17th plot Front / Pmsidaat Ifrmioipality imreana SorvieK 113e. Ai i%OVEO AS TO FORM u a cllavdy Deputy Ehy Act rltey, 1920 Fde 17th 9r Suits 136 Sooaa Arm CA 92705 (800) 4W-0553 (714) 550-5040 foot (714) 550 5044 Licmad# 0004940 TOTAL P.01 W2LISELEN 1 UNY INSUKANLL X* INSURED'S COPY ** 1st.com 1-800-211-SAVE F RENEWAL DECLARATION 0 FER UTOMOBILE PL OICY OECL.ARAT110M PAGE EFFECTIVE 12/1S/ 03 WHENATTACHEOiDTHEPFRSONALAUTOPOLICY•THESEDECIADATIONSCOMPLETETHEPOULYANDREPRESENTIN THE EVENT PAYMENT IS NOT RECEIVED THE CURRENT STATUS OF YOUR COVERAGES AND LIMITS OF I AOILITY ACCORDING TO OUR RECORDS BY THE DUE DATE NOTED BELOW IN THE 11 3111=Ij STATEMENT OF ACCOUNT, YOUR POLICY LInM. 51ANUAHU HML BECOMES NULL AND VOID. AP 3493189 rrroM 12/15/03 In 06/15/04 NANED INSURED AND ADDRESS LOSS PAYEE AND ADDRESS (SEE REVERSE SIDE) EVIDENCE OF INSURANCE ** PD JOE R LA ROSA JR 60TCIVICSANTA CENTERNPLAZA MARIE E LA ROSA SANTA ANA CA 91702 9199 POINSETTIA AVE FOUNTAIN VALLEY CA 92708 CAR YEAH MAKE MDU L 10 NUMBER CUSS COMMENTS SEE OVER) 1999 1989 ACCORD LX TOYOTA P/U 016174 002342 01011221218 03610221418 0370522A318 GeDO DRIVER DISCOUNT GO10 DRIVER DISCOUNT C000 DRIVER DISCOUNT ' COVERAGE IS PROVIDED WHERE A PREMIUM AND A LIMIT OF CAR I CAR x •CAR 3 CM A LIAOIUTY ARE SHOWN FOR THE COVERAO n. DODILY PODnv •1RcmD[ssn An rrn vnnnL rnann rrl s j�00 nn Fnr,H PEnsCN s • 300 nnT>cH.SeemelD D. PROPE RTY MAUDE S 00 WCACHACCtOENT C. MEDICAL PAYMENTS S .000 EACH PERSON D UNINSURED MOTORIST S 00 .EDD EACH PERSON S 300.DD3 EACH ACCIDENT DAMAGE TOYOUR CAR CART CAR, CARD CA114 ACRNt G4I E. fAMR 1HEN5NE 3 5Q0 DED S rj 00 RED S 500 DED S DED a LL£ S ly;S,L':!@.E ECOlL13pN S 500 OLD S 500 DeD s 500 DED S LED DI. UNINSURED MOTORIST .Pn D_E_D WA VE DDWAIVE DE1,000D WAIVE J ADVITURM. ECUIPMENT S 1 I D D 0 TOTAL S 1,000 TOTAL S TOLLS TOTAL 11RSi 51fIRK NSRMNIIGMYIIIY III%D ADV CpAPREIIEIYNE OR 00u. (,l S INCL 0 S 0 INCL S INCL 0 S INCL. ADDITIONAL COVEMGE IS OPTpNAL S 0 ADD. 5 0 ADD'L S 0 APRL S ADD L G. TIATNG A UDOR $ $50 EACII DISADLE—a Automatically Inc ud d It. RENTAL REIMBURSEMENT MULTI -CAR DISCOUNT TOTAL CAR 1. 1. 3. TCE-70 01/99 11/20/03 PRESIDENT nATE Late r.,H.— �.U.. ....acN. La'H,Coa.A.l:.AM... 9.00 FOR CUSTOMER CARE CALL 1-800-443-3100 OR VISIT OUR WEB SITE AT 21st.COM ** Known Drivers of your Vehicles - STATEMENT OF ACCOUNT FOR POLICY 3493189 - TOTAL PREMIUM ...............1 $1321.00 ** JOE LAROSA ** MARIE LAROSA ** CHRISTINE LAROSA CHOOSE THE PAYMENT PLAN YOU PREFER: PAY IN FULL $1321.00 DUE 12/15/03 *2-PAY PLAN $ 665.00 DUE 12/15/03 $ 664.00 DUE 02/15/04 *4-PAY PLAN $ 335.00 DUE 12/15/03 8 334.00 DUE 01/15/04 $ 334.00 DUE OZ/15/04 $ 334.00 DUE 03/15/04 Ie * INCLUDES $4 PER PAYMENT SERVICE CHARGE 4 � Visit 21st.con to make policy changes, pay your Premium, and more! Regisfer today! 21st Century Insurance Company 6301 Owonsmouth Avenue Woodland Hills. California 91367 ^ J( '