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Home My WebLink AboutLA ROSA, JOSEPH R. JR. 2C24aC V �J AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with (/ jo%i SiZ No. aDl7 o7a was completed on _ O {� and final payment has been made. Department: { \ Signature: Revised 8-7-03 Date: _ _ - - — -13 City of Santa Ana Clerk of the Council A-2004-228 INSURANCE ON FILL WORK MAY PROCEED UNTIL INSURANCE E�PIRES CLERK OF COUNCIL CONSULTANT AGREEMENT DATE: I1`Fi Cq C �D THIS AGREEMENT made and entered into this / ��day of_6',, , 2004 by and between Joseph R. La Rosa, Jr. (hereinafter "Consultant"), and the City of Santa Ana, a ",SCAL charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). 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: 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, 2004 and terminate on September 30, 2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended 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. 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 telefacsimile (714) 647-6956 With courtesy copies to: 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 By:� Laura Nheedy Assistant City Attorney CITY OF SANTA ANA 7 DAVID N. REAM City Manager CONSULTANT JOSEPH R. LA ROSA, JR. Tax ID# 54.4-r4- a.µt 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 10/0/2004 10:30 AM FROM: Municipality Ins.5v Municipality Insurance Services, Inc. PAGE: 002 OF 005 Municipality Sparta Quote# W-12675 nsnrawe Serykes mosmassam Larose, Jr. Joseph J1999 Poinsettia Ave Fountain Valley, CA 92708 Date 10/8/2004 Ne are able to offer the following teems which ere valid for 90 days :everage SPARTA INSURANCE PROGRAM: Commercial General Liability - hazard 2 Contract Value: $28,800 Coverage Period: Anneal Insurance Carrier Essex Insurance Company Master Policy: 3CM4080 Master Policy Effective Dste:11/15/2003 to expiration limits $2,000,000 General Aggregate / $1,000,000 Each occurrence / $1,000,000 Products/Complated operations / $1,000,000 Personal & Advertising Isjury/$50,000 Fie Damage / Medical Payments Excluded )edaetibles $500 BI & PD Per Claimant Including Loss Adjustment Expense $950.00 Premium (Fully Earned) $29.69 Taxes (SLA Taxes & Fees) $50.00 Certificate Fee (Fully Earned) TRIA $1,029.69 Total Amount •ems g 1. No Cancellations Allowed Premium, taxes and fees are fully earned at inception. ;owd(ams 2. Operations and Rating Based: The City desires to retain a consulteut having special skill and knowledge in the field of recognizing and identifying narcotic related assess subject to forfeiture pursuant to state and federal asset forfeiture laws. 3. Department: Sella Am Police Department 4. Additional Insured(s): Not Applicable 5. No Professional Liability Coverage provided The Terrorise Risk Insuance AM of 2002, requires us to offer you a quote for terrorism coverage. This Quotation is separate and not included in your coverage premium. This coverage must be accepted or rejected by you and the attached form returned to us prior to binding. dditfonal SANTA ANA (SPARTA) aseed 20 Civic Center Plaza PO Box isured: Santa Arm Ca 92701 erasion Asbestos, Assault &. Battery, Employer Related Practices, Subsidence, Independent Contactors, Pollution, Cross Suit, Lead or Silica Dust, Mold or Bio-cgenic Growth or Mildew, Punitive Damages, Animal, Breech of Contract, Y2K Electronic Data, Medical Paymerrts, War or Terrorism. The mausi rce provided under tins policy is limited to your work performed on behalf ofthe entity named as"Additional Named Ins red" above and doesn't extend itself to any other work performed by you or your ogainzatan. Coverage b limited to the description of opemtans and rating bases hated in "Temms & Conditions" itee 2. Per the Master policy, a copy is available by wnitlen request to: Municipality Insurance Services, Inc., 302 W. Cerritos Ave., Building 47, Anaheim, CA 92905 302 W. Cmcitos Ave BIdgN 7 Anaheim, CA 92805 (800) 420-0555 (714) 687-1100 fax (714) 687-1106 LicensesCA:0 04849; OR:195423 Webatte address www.2spertacom OFFICE OF THE CITY ATTORNEY Phone: (714) 647-5201 Fax: (714) 647-6515 M-29 I T13 *Confidential* This document is subject to the attorney -client priviilege. This form is for internal use only. TO:}%r/�isf0 FROM: DATE: 7m LJ - AGREEMENTS ❑ - INSURANCE CERTIFICATES ❑ - AUTO INSURANCE ❑ - MAINTENANCE CONTRACT RENEWAL ❑ - PERFORMANCE BOND/PAYMENT BOND ❑ Need contract to verify Agreement terms. ❑/ Approved as to form and returned. ❑ Please resubmit to me with additional information as requested. Please attach this form to your resubmittal. ❑ Contract requires auto liability insurance. ❑ Need proof of insurance: Workers Compensation; Errors & Omissions ❑ Both the Workers Compensation and Errors & Omission Certificates have expired. They need to be renewed. ❑ Check policy expiration dates. ❑ City requires cross -outs of following words in cancellation clause (bottom right corner) "endeavor to" and from "but failure to ....... to end. City requires 30 days notice of cancellation rather than 10 days. ] City requires n�i additional insured endorsement (attached sample). //�� Other comments: 74's - , � / 6 e_ A.rO es _ c c�,J A / 1 n f Ac_d n Nnlovt°S 21st Insurance ** INSURED'S COPY ** AUTOMOBILE IAP 3493189 NSUREO AND ADDRESS X—t:003 J / a JOE R LA ROSA JR MARIE E LA ROSA 9199 POINSETTIA AVE FOUNTAIN VALLEY CA 92708 attached to the Personal Auto Policy, these 2 I19991 ACCORD LX 3 19891TOYOTA P/U __3 JOE LAROSA 2 MARIE LAROSA HMC06654XCO16174 T4RN81P6K0002342 38 36 0 0 RENEWAL DECLARATION OFFER EFFECTIVE 06/15/04 IN THE EVENT PAYMENT IS NOT RECEIVED �BY THE RENEWAL EFFECTIVE DATE NOTED ABOVE, YOUR POLICY BECOMES NULL AND DID. LOSS PAYEE AND/OR ADDITIONAL INSURED AODRESS(SEE REVERSE) ** EVIDENCE OF;INSURANCE ** CITY OF SANTA ANA PD 60 CIVIC CENTER PLAZA SANTA ANA CA 91702 the current status of GDD GDD 081 000010 081 000005 COVERAGE IS PROVIDED WHERE A PREMIUM AND A LIMIT OF LIABILITY ARE SHOWN FOR THE COVERAGE YpE! T 1 VqN z YF11 a A. Bodily Injury ..INCLUDES $0.90 PER VEHICLE rR1UD FEE $ 100.000 Each Person $300.000 Each Accident 157 96YRFr NI'. VAiUELE53 E. COMPREHENSIVE DEDUCTIBLE F. COLLISION $ DI. UNINSURED MOTORIST- PD J. ADDITIONAL EQUIPMENT $ FIRST $1000 IS AUTOMATICALLY INCLUDED WITH COMPREHENSIVE OR $ COLLISION. ADDITIONAL COVERAGE IS OPTIONAL $ G. NG& LABOR IH. RENTAL REIMBURSEMENT Each Person DED WAIVE TOTAL $ 1,000 TOTAL INCL. $ 0 INCL. ADD'L $ 0 ADD'L ,000 TOTAL $ TOTAL 0 INCL. $ INCL. 5 5 k -- — - 05/21/04 PRESIDENT DATE MR : Drivers Not rated - STATEMENT OF ACCOUNT FOR POLICY 3493189 - NR:CHRISTINE LAROSA TOTAL PREMIUM ................ S 707.00 CHOOSE THE PAYMENT N YOU PREFER: PAY IN FULL S 707.00 06/15/04 )r2-PAY PLAN S 358.00 06/15/04 S 357.00 08/15/04 )(4-PAY PLAN $ 181.00 06/15/04 S 181.00 07/15/04 81.00 08/15/04 S 180.00 09/15/04 K INCLUDES 54 rtm rAYNENI SEKVILE CNAK6E For Customer Care call 1-800-443-3100, or visit 21st.com to make policy changes, pay your premium. and morel Register today! 21st Century Insurance Company 6301 Owensmouth Avenue Woodland Hills, California 91367 K E 'aftmHll Municipality I'r1hWtLeAd'bf YftW&ancet 5/13/2005 4:47 PM Sparta Program �r�,rrsu�n�n��sirn��a�xTnnaamar�nunx�aa�ninn�nrninu�nnnier�innrn�rem�nrnni�nnn�nenntxnxnnn�nr�naara�mw�xmunwwnnni��sm�oaan�mi Name Insured: Named Additional Insured: Larosa, Jr. Joseph 91999 Poinsettia Ave Fountain Valley, CA 92708 Certificate # SSA03-0024 A- --) c c, i — �� - SANTA ANA (SPARTA) 20 Civic Center Plaza PO Box 1988 Santa Ana CA 92701 Coverage SPARTA TNSURANGR PROGRAM. Commercial General Liability - Hazard 2 Contract Value: 528,800.00 Coverage Period: 10/8/2004 to 10/8/2005 Insurance Carrier: Essex Insurance Company Master Policy: 3CM4080 Vaster Policy Effective Date:l 1 / 1 5/2003 to expiration Limits $2,000,000 General Aggregate / $1,000,000 Each occurrence / $1,000,000 Products/Ccmplcted operations / $1,000,000 Personal & Advertising Injury/$50,000 Fire Damage / Medical Payments Excluded Deductibles $500 RT & PT) Per Claimam Tnchrding Toss Adjustment Expense $950.00 Premium (Fully Earned) $29.69 Taxes (Fully Earned) $50.00 Certificate Fee (Fully Earned) TRIP. $1,029.69 Total Amount Terms & 1, No Cancellations Allowed. Premium, taxes and fees are fully earned at inception. Conditions 2. Operations grid Rating Based. The City desires Lo retain a consultant laving special skill and knowledge in die field of recognizing and identifying narcotic related assess subject to forfeiture pursuant to state and federal asset forfeiture laws. 3. Department: Santa Ana Police Department 4. Additional Insured(s): Not Applicable 5. No Professional Liability Coverage provided. Exclusions Asbestos, Assault & Battery, Employer Related Practices, Subsidence, Independent Contractors, Pollution, Cross Suit, Lead or Silica Dust, Mold or Bio-organic Growth or Mildew, Punitive Damages, Animal, Breach of Contract, Y2K Electronic Data, Medical Payments, Wm or Terrorism. The insurance provided under this policy is limited to your work performed on behalf of the entity [tamed as "Additional Named Insured" above and doesn't extend itself to any other work performed by you or your organization. Coverage is linnited to the description of operations and rating bases listed in "Terms &, Conditions" item 2. Par the Master policy, a copy is available by written rcquast to: Municipality Insurance Services, Inc., 302 W. Cerritos Ave., Building #7, Anaheim, CA 92805 APPROVED AS TO FORM { Laura 5t!i! Sh cdy Assistant City Attorney Carol Frost i President Municipality Insurance Services, Inc nemmmmeieeenmssmmmwunmimmnnneimnaunnmeo�einnmeanxnnnmmennmm�xumnnmmninnnm�smnm:maeonnnnrmnrznwaenuoc:�mminnraennimmnnesonnnnminNnienuisimnmannui�nnn�runn� 302 W. Cerritos Ave Bldg# 7 Anaheim, CA 92805 (800) 420-0555 (714) 667-1100 fax (714) 687-1106 LicensesCA:0004849; ORA 95423 Website address www 2sparta. corn