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Please complete this form when the attached agreement is no longer in effect.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.
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City of Santa Ana
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Clerk of the Council
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INSURANCE ON FILE
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UNTIL INSURANCE EXPIRES
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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.
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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
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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
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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
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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,
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CA114
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3 5Q0 DED
S rj 00 RED
S 500 DED S
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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
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