HomeMy WebLinkAboutCC AG PKT 2007-06-25 #X
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AGENDA REPORT
DATE:
June 25, 2007
TO:
Honorable Mayor and Members of the City Council
THRU:
David Carmany, City Manager
FROM:
J eft' Kirkpatrick, Chief of Police
SUBJECT:
Approval of Professional Services Contract for Interim Jail
Coordinator
SUMMARY OF REQUEST:
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City Council to approve a professional services agreement with Anthony Rond to perform
the services of Interim Jail Coordinator until such time the City hires a new Jail
Supervisor, contracts with a new jail vendor for jail services or the position ofInterim Jail
Coordinator is no longer needed.
DISCUSSION:
The City is currently researching options for jail services. The City recently terminated its
jail services contract with Correctional Services, Inc.lComell Companies, Inc. The City
desires to retain the services of Anthony Rond, who recently served as the Jail Manager for
the Seal Beach Jail while employed by Correctional Services, Inc. Mr. Rond has
experience in the operation of the Seal Beach Jail and is well suited to serve as the City's
Interim Jail Coordinator.
Municipal Code Section 3.20.025 (C) "Purchases Exempt from Bidding Requirements"
exempts professional services from the City's nonnal bidding requirements. Per the
attached agreement, Mr. Rond will be comperisated at an hourly rate of$19,OO and will be
reimbursed for actual and necessary expenses incurred in the performance of his official
duties for the City. He will be working with the Chief of Police or his designee, to train
Seal Beach employees in jail operations and assist in researching jail service options for
the City.
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Agenda Item X
June 25, 2007
City Council Agenda Report-Professional Services Agreement for Interim Administrative
Services Director
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FINANCIAL IMPACT:
The City agrees to pay Mr. Rond at an hourly rate of$19.00 plus actual and necessary
expense reimbursements. Funding is available in Adopted FY 2006/07 City Budget,
Contract Professional Services Account 001-023-44000 to cover these expenses.
RECOMMENDATION:
Staff recommends that City Council approve the attached Resolution _ authorizing the
City Manager to execute the Professional Services Agreement with Anthony Rond.
Submitted by:
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NOTED AND APPROVED:
Davi~ty Manager
Attachment:
Professional Services Agreement
Resolution Authorizing Approval
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CITY OF SEAL BEACH
INTERIM JAIL COORDINATOR
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 22nd day of June 2007 by the City of Seal Beach, a
California chartered city ("City") and Anthony Rond, an individual and sole proprietor ("Consultant'').
RECITALS
A. Consultant desires to perform certain professional services required by the City on the terms and
conditions set forth in this Agreement. Consultant represents that it is experienced in providing
professional services to public clients, and is familiar with the scope of work,
B, City desires to engage Consultant to render professional services as set forth in this Agreement.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. General Scope of Services.
Consultant promises and agrees to furnish to the City all labor, services and incidental and
customary work necessary to fully and adequately supply the professional services ("Services'') more
particularly described in Exhibit-A attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Term.
The term of this Agreement shall be from June 25, 2007 until City appoints a Jail Supervisor and
that person assumes the duties of Jail Supervisor, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines. The term may be extended by mutual consent of both parties,
3. Indeoendent Contractor.
Consultant shall perform the Services. Consultant will determine the means, methods and details
of performing the Services subject to the requirements of this Agreement. City retains Consultant on an
independent contractor basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement, provided such work does not conflict or
interfere with Consultant's obligations under this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this Agreement
and as required by law. Consultant shall be responsible for all reports and obligations respecting such
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Interim Jail Coordinator Agreement
City of Seal Beach and Anthony Rand
June 25. 2007
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
4. Citv's ReDresentative.
The City hereby designates Jeffrey C, Kirkpatrick, City's Chief of Police, or his designee, to act as
its representative ("City's Representative"), City's Representative shall have the power to act on behalf
of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from
any person other than the City's Representative or his or her designee.
5. Standard of Care.
Consultant shall perform all Services in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling necessary to
perform the Services. Consultant represents that it has all licenses, permits, qualifications and approvals
of whatever nature that are legally required to perform the Services, and that such licenses and approvals
shall be maintained throughout the term of this Agreement.
6. Laws and Rel!ulations.
Consultant shall keep itself fully informed of and in compliance with all local, state and federal
laws, rules and regulations in any manner affecting the performance of the Services, including all
CaIlOSHA requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with the Services. If the Consultant performs any
work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the
City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and hannless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of
any failure or alleged failure to comply with such laws, rules or regulations.
7. Insurance.
A. Consultant shall, at its expense, procure and maintain for the duration of the Agreement the
following minimum insurance coverage against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the Agreement by the Consultant, its
agents, representatives, employees or subcontractors:
(1) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA
0001, code 1 (any auto) with limits no less than $300,000 per accident for bodily injury and
$50,000 for property damage.
6-25-07 AGREEMENT. PSA Inte~m Jail Coordinator
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Interim Jeil Cootdinator Agreement
City of Seal Beach end Anthony Rond
June 25, 2007
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Comoensation.
Consultant shall receive compensation, including authorized reimbursements, for all Services
rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein
by reference. The total compensation shall not exceed $15,000 without written approval of the City
Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at
the rates and manner set forth in this Agreement.
9. Pavment ofComoensation.
Consultant shall submit to City a monthly itemized statement that indicates work performed and
hours of Services per project rendered by Consultant. City shall, within 30 days of receiving such
statement, review the statement and pay all approved charges thereon.
10. Reimbursement for Exoenses.
Consultant shall not be reimbursed for any expenses unless authorized by the City.
11. Extra Work.
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At any time during the term of this Agreement, City may request that Consultant perform Extra
Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for
the proper completion of the Services, but which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
12. Termination of Al!reement.
City may, by written notice to Consultant, terminate the whole or any part of this Agreement at
any time and without cause or prior notice. Upon tennination, Consultant shall be compensated only for
those services that have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may terminate this Agreement at any time, with or without cause, upon 30
days prior written notice to City.
13. Notices.
All notices shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Anthony Rond
3718 Corinth Ave.
Los Angeles, CA 90066
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6-25-07 AGREEMENT - PSA Interim Jail Coordinator
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Interim Jail Coordinator Agreemant
City of Sea/ Beach and Anthony Rond
June 25, 2007
e CITY:
City of Seal Beach
Police Department
911 Seal Beach Boulevard
Seal Beach, CA 90740
Attn:SupportServicesManager
Duplicate copies of any notice to City shall be mailed to the Chief of Police and to the City
Manager. The City Manager's copy shall bemailedto2118thStreet.SealBeach.CA 90740.
Such notice shall be deemed made when personally delivered or, when mailed, 48 hours after
deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address,
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
14. Indemnification.
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Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and hannless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Consultant,
its officials, officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses, Consultant shall defend,
at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors, officials officers,
employees, agents or volunteers, Consultant shall pay and satisfy any judgment, award or decree that
may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials,
officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials
officers, employees, agents or volunteers.
15. General Provisions
A. If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall
be entitled to have and recover from the losing party actual attorney's fees and all other costs of such
action.
B. This Agreement contains the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may
only be modified by a writing signed by both parties.
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6-25-07 AGREEMENT - PSA Interim Jail Coordinator
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Interim Jail Coordinator Agreament
City of Seal Beach and Anthony Rond
June 25. 2007
C.
This Agreement shall be governed by the laws of the State of California.
D. Time is of the essence for each and every provision of this Agreement.
E. This Agreement shall be binding on the successors and assigns of the parties, and shall not
be assigned by Consultant without the prior written consent of City.
F. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law,
this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so
shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
Q, No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
CITY OF SEAL BEACH
ANTHONY ROND
By:
By:
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City Manager
Attest:
By:
City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
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6-25-07 AGREEMENT - PSA Int.rim Jail Coorlllnator
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Interim Jail Coordinator Agreement
City of Seal Beach and Anthony Rand
June 25, 2007
EXHIBIT" A"
SCOPE OF SERVICES
The follow professional services will be provided by the Consultant related to the functions of Jail
Coordinator for the City of Seal Beach and the Seal Beach Police Department (SBPD). The services that
Consultant will provide are as follows:
1. Assist officers with the booking of arrestees of the SBPD.
2. Train SBPD employees in the policy, procedures and applicable laws in the booking, detention
and transportation of arrestees.
3. Research and prepare the jail for the intake and custody of federal prisoners from the Board of
Prisons (BOP) and the Immigration and Customs Enforcement (ICE) agency.
4. At the direction of the Support Services Manager (SSM), liaison with the BOP and ICE staff
regarding Intergovernmental Agreements (lOA).
S. Evaluate, determine and upgrade the Jail to allowable state and federal allowable correctional
standards.
6. Research and identify similar jails within Orange County and Los Angeles County that have
federal lOA's and recornmend any changes that would provide procedures, equipment upgrades
that would increase officer safety, jail efficiency and effectively control the inmate population.
7. Evaluate the different custody arrangements that would benefit the City and the Police
Department.
8. Develop training material, policies and procedures on jail operations, personnel deployment,
custodial procedures, policies approved by the state or federal correctional authorities and other
written material that would enhance jail operations.
9. Develop guidelines for the safe booking, handling and custody of prisoners.
10. And any other job related assignments as directed by the SSM.
Consultant shall be responsible for the successful completion of these and any other tasks or projects
assigned to Consultant under this Agreement. Consultant shall determine the manner and means to be
used, with City only interested in the results to be achieved. Consultant shall coordinate its activities with
City, but shall not be required to account for its actions and activities, except as to the results to be
achieved. Except as otherwise provided in this Agreement, Consultant shall furnish all tools and
equipment and shall be responsible for incidental business expenses incurred in connection with the
services provided to the City. However, City may temporarily provide incidental facilities and clerical
support for City's convenience while Consultant is on site. Consultant shall pay all applicable self-
employment taxes. Consistent with Consultant's status as an independent contractor, Consultant shall not
use letterhead, business cards, job titles or any other indicia that may imply Consultant is an employee of
City.
6-2fo.07 AGREEMENT - PSA Interim Jail Coordinator
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Interim Jail Coordinator Agreement
City of Seal Beach and Anthony Rand
June 25, 2007
EXHIBIT "B"
Consultant shall be compensated at the rate of $19.00 per hour for all services under this Agreement.
Consultant's services shall not exceed $760 for any individual week without prior written authorization of
City's Representative.
Consultant shall submit detailed written invoices showing all services and time expended for the period
covered. Invoices shall be submitted no less frequently than monthly and shall be submitted within one
month of the close of the period covered.
6-2fo.07 AGREEMENT - PSA Interim Jail Coordinator
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RESOLlITION NUMBER
A RESOLlITION OF THE CITY COUNCn. OF THE CITY OF
SEAL BEACH APPROVING THE PROFESSIONAL SERVICES
AGREEMENT FOR INTERIM JAn. COORDINATOR
The City Council of the City of Seal Beach hen:by resolves as follows:
SECTION I. The City Council hen:by approves the Professional Services Agroement
between the City of Seal Beach and Anthony Rond for services as Interim Jail
Coordinator.
SECTION 2. The Council hereby directs the City Manager to execute the Professional
Services Agreement with Anthony Rond.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 25th day of June , 2007 by the following vote:
AYES: COUNCll.MEMBERS
NOES: COUNCll.MEMBERS
ABSENT: COUNCrr..MEMIlERS
ABSTAIN: COUNcn..MEMBERS
Mayor
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ATTEST:
CIty Clerk
STATEOFCALIFORNlA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH I
1, Unda Devine, City Clerk for the City of Seal Beach, California, do hereby cetlify that
the foregomg resolutions is the original copy of Resolution Number_ on file in the
office of the CIty Clerlc, passed, approved and adopted by the City Council of the City of
Seal Beach at a regular meeting hereof held on the 25th day of June ,2007.
City Clerk
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