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Home My WebLink AboutNATIONAL JSUTICE CONSULTANTS, INC. - 2011IJVSURANCE NOT REQUIRED WORK MAY PROCEED N-2011-152 CLERK OF COUNCIL DATE. JAN 1 0 2412 EXPERT WITNESS SERVICES AGREEMENT Q CA 0 L(A\\Y- This AGREEMENT made and entered into this _ st day of0 o +-er, 2011 by and between 1??yational Justice Consultants, Inc. (hereinafter "Expert"), and the City of Santa Ana, a charter city duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Expert to assist the City by providing expert testimony and consulting services in Police litigation matters, and B. Expert represents that it has special experience and knowledge in the fields of law enforcement policy, procedure, training and practices, and desire to undertake said employment. 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 . EMPLOYMENT OF EXPERT. City hereby agrees to and does employ Expert, to assist its City Attorney in investigation and testimonJ services related to gation involving law enforcement matters, when an d as requested by the City Attorney to do so. Expert accepts said employment and agrees to perform, in timely and efficient manner all such services as may be requested by the City. Expert shall confine its acceptance of work requested by City in writing by e-mail or letter. COMPENSATION a. City agrees to pay, and Expert agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $25,000 during the term of this Agreement. b. Payment by City shall be made within ninety (90) days following receipt of proper invoice evidencing work 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. CONTROL OF LEGAL MATTERS. Expert agrees that each and every matter or proceeding in which they undertake to assist the City, as aforesaid, shall be and remain under, and subject to the control and direction of said City at all stages, and that they shall at all times keep the City Attttorney informed of all matters pertaining thereto. City will keep Expert informed of all significant developments in matters relating to any representation undertaken by Expert. Expert further agrees, if and when its employment hereunder is terminated by City, as hereinafter specified, it shall return to the City Attorney any and all files then in its possession concerning each and every matter or proceeding in which they assisted the City pursuant to this Agreement. 4. EXPERT INDEPENDENT CONTRACTORS. It is mutually agreed by and between the parties that, in the performance of its covenants hereunder, Expert is and shall be an independent contractor, and not an officer or employee of City. 5 . INDEMNIFICATION Expert agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Expert' negligent or wrongful performance or conduct of this Agreement. 6. CONFIDENTIALITY If Expert receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Expert 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 Expert disclosed in a publicly available source; (c) is in rightful possession of the Expert without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Expert without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Expert covenants that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. 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 Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, California 92702 Fax 714-647-6956 With courtesy copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 Fax 714-647-6515 To Expert: National Justice Consultants, Inc. Clarence R. Chapman, President 1507 7`?' Street, Suite 350 Santa Monica, California 90401 Fax 3 10-454-4028 2 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, 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. 1 1. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Expert, 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 Expert. 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 Expert or 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 are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Expert, Expert 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 of this Agreement performed by City personnel or by other Expert retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Expert shall be entitled to receive and the City shall pay Expert compensation for all services performed by Expert prior to receipt of such notice of termination. As a condition. of such payment, Expert shall deliver to the City all files and records generated under this Agreement as of such date. Expert may terminate this agreement, subject to its obligation to provide reasonable notice to arrange alternative representation. 14. DISCRIMINATION Expert 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.. Expert affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations- 15. 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. l6. MISCELLANEOUS PROVISIONS 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council Approved as to Form: c oseph Straka Interim City Attorney CITY OF SANTA (ANA(/? Paul M. Walters Interim City Manager NATIONAL JUSTICE CONSULTANTS, INC. Clarence R. Chapman President 4 EXHIBIT A Glctrence R, Clcrxprrrczn Curriculum ?tnr Page 5 c?,?5 G'Icxrenc-e Robc?r?t Clrczpmrxt? police Pracl?ces Eacp?rt c?: Law Erlfcrc???rent rlrla:7crgerrrerzt ?c?nsultczrat F E E S C H F_ U U L E c,?sE• c??r?+?rttife Tron? ?•?E r ?r?T? an-?x .?z,soo_ oU This oract only fee includes preliminary client intrrv•ieu-s including a.?sessments rrfrase merits; cursory examination of casi: m:itcrials, faces ?hc?+ne calls and carrespx>nde?ncs c?ver tkte course of tlta case. C9SE' T-y`OftK .833P.?0 per /inur `This hourly Fee applies to aU directez( activities associated tiwith oneaing, and. c??ntinued case review, research and preparation Included in this category are administrative and operating expenses., organizational audits. prtuluerion of repasts, witness interviews. site surveys, client meetings, prcxduetion o4"e:?hibits f visual aids. travel iime.and xelecc?nferencinl; expenses. A9A1Y.9 DEMENT S'L?'.nII.NARS sPc PRE•S?NTi1 TIGNS ?3.Q0/l_DO per rlrxp This lee pertains to all ctaanaetnent classes, const?lt?tt.ions and public speaking r?ngagetnents that extend cover 2 hours. -Travel, lodging and presentafiion equipment expenses are nc?tinclud?ed in this fee and 4vill be billed separately. COL'RTAPPEAR4h'C.i?S' $?,(JfJfl.00 (!xalfdrxy} dr .?4,0110.(JD (fu!! days) 'Phis fee applies to all court appearances and court related heariaags regardless of whether testimony is given_ All court appear€tnces lasting less than Fe?ur hours wall be billed at chc. 'f? day° rate_ Any time that ezicompa7cses any portion ui'botlt the morning and at?ernaon sessions u;ill be lailled at the full day rate. DEPO?1T1tJ''Y?fPPE`.:1R11.NCES .?33t1.(Jtl per haxir All depcasitions l:?ting less than. f_ day in duration are suhjc:ctta a faunhour rnininzum.. R.EQIIIREla TR9 F'E'L J.,-? T [-'G?.STj All travel related expenses, ineiudinf; transportatit?.?n, lodgings and nasals will be bills-d ai cast. Travel time and nt3n-activit}° ltaurs away° from the greater ins Angeles area will be hilted at ?SO.pQ per hour. Auteamotiva expenses iocluduig rental, fuel and parking?will be billed at cost_ CASE BILLING A S7ATEA7Et?37 OF,4CCOi.ai'*iT will be submlrted pu^.riodicaliy ret7eCting the a+ctiviaie5 acrd charges associated. with the account_ Payment is due upoct receipt alpbilling statecnent_