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HomeMy WebLinkAboutSanta Clara County - Prosecution Services Agreement \.. '. AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY FOR PROSECUTION SERVICES I. PURPOSE This is an Agreement between the County of Santa Clara (County), on behalf of the District Attorney and the City of Gilroy (City), on behalf of the Gilroy Police Department for the purpose of providing prosecution services to the Gilroy Police Department. II. SCOPE OF WORK This Agreement between the County and the City relates to prosecution services. The County shall provide to the Gilroy Police Department the services described in EXHIBIT A, SCOPE OF WORK, attached hereto and incorporated by this reference. III. PROJECT MANAGER (AKA CONTRACT ADMINISTRATOR) County designates Marc T. Buller, Assistant District Attorney, as its Project Manager for the purpose of performing the services under this Agreement. County, may at its discretion, designate a new Project Manager. City designates Captain Debra Moore, Gilroy Police Department, as its Project Manager for the purpose of managing the services performed under this Agreement. City, may at its discretion, designate a new Project Manager. IV. COMPENSATION AND BILLING A. Maximum compensation paid under this Agreement shall not exceed $50,000. Payment to be made payable to Santa Clara County, Office of the District Attorney. B. The compensation will be paid with one payment on or before November 1, 2003. Page 1 of 7 V. TERM AND TERMINATION OF AGREEMENT A. TERM This Agreement shall be effective from August 1, 2003 to and including June 30,2004 unless terminated earlier in accordance with Section V (B or C). B. TERMINATION WITHOUT CAUSE: Either Party may terminate this Agreement at any time for the convenience of the County by giving thirty (30) days written notice specifying the effective date. C. TERMINATION FOR CAUSE: Either Party may terminate this Agreement for cause upon written notice to the Office of the District Attorney. For purposes of this Agreement, cause includes, but is not limited to, any of the following: (a) material breach of this Agreement by the County; (b) violation by the County of any applicable laws, (c) assignment by the County of this Agreement without written consent of the City. Such notice shall specify the reason for termination and indicate the effective date of such termination. D. In the event of termination, the County shall deliver to the City copies of all reports and other work performed by the District Attorney under this Agreement and upon receipt thereof, the County must be paid for services performed and reimbursable expenses incurred to the date of termination. VI. NON-DISCRIMINATION IN SERVICES The County will comply with all applicable Federal, State and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include, but are not limited to, the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.)' California Labor Code sections 1101 and 1102. The County will not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of payor other forms of compensation. Nor will the County discriminate in provision of services provided under this contract because of age, race, color, national Page 2 of 7 , - origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. VII. AMENDMENTS AND ASSIGNMENT A. AMENDMENTS Amendment to the terms and conditions of this Agreement shall be effective only upon mutual agreement in writing by the parties thereto. The District Attorney, or his designee, is designated the authority on behalf for the County to execute those amendments which have no budgetary implication. B. ASSIGNMENTS County has been selected to perform services under this Agreement based upon the qualifications and experience of County personnel. County may not assign this Agreement or the rights and obligations hereunder without the specific written consent of City. Except as approved in this Agreement, County shall not enter into subcontracts for any of the work contemplated under this Agreement without first obtaining written approval from City, and any subcontracts entered into by County without such approval shall be void. VIII. REPRESENTATIVES AND NOTICES A. COUNTY REPRESENTATIVE Except as may be specified otherwise in this Agreement, the District Attorney or his designee shall represent County in all matters under this Agreement, including the giving of any notices and granting of extensions required thereunder. B. CITY REPRESENTATIVE City agrees that, unless otherwise indicated in writing, the following person has primary authority and responsibility required to carry out this Agreement: Jay Baksa, City Administrator. Page 3 of 7 C. NOTICES All notices required by this Agreement shall be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or a such other address as the party may designate in writing in accordance with this section: 1. To County: Office of the District Attorney Attn: Marc Buller 70 West Hedding Street, West Wing, 7th Floor San Jose, CA 95110 2. To City: Gregg Giusiana, Chief of Police Gilroy Police Department 7370 Rosanna Street Gilroy, CA 95020 IX. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6 , the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and City agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Parties under this Agreement. Page 4 of 7 X. INSURANCE Without limiting the indemnification of either party to this Agreement, each party shall maintain or cause to be maintained the following insurance coverage: (1) a policy of commercial general liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy of workers' compensation providing statutory coverage; (iii) such other insurance or self-insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement. Insurance afforded by the commercial general liability policy shall be endorsed to provide coverage to the other party of the Agreement as an additional insured. Each party to this Agreement shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements of this section maybe satisfied by the provisions of similar coverage through a self-insurance program. XI. MISCELLANEOUS PROVISIONS A. Conflicts of Interest In accepting this Agreement, County covenants that it presently has no interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. The County further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest. B. Governing Law This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California. C. Entire Agreement This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. D. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together constitute one and the same instrument. Page 5 of 7 E. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if no so comfortable, so as not to affect the validity or enforceability of this Agreement. F. Waiver No delay or failure to require performance of any provision of this Agreement constitutes a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and applies only to the specific instance expressly stated. IN WITNESS WHEREOF, City and County have executed this Agreement as of the date above written. C __ I I George Kennedy District Attorney COUNTY OF SANTA CLARA ATTEST: l' ~~ML(~ RhOnda Pellin City Clerk APPROVED AS TO FORM AND LEGALITY: ft:~::0~ Deputy County Counsel Date: 11/;7-/ kJ() 3 I Exhibits to this Agreement: Exhibit A Scope of Work Page 6 of 7 EXHIBIT A SCOPE OF WORK 1. County will locate, in-house, at the Gilroy Police Department, one deputy district attorney, Frank Carrubba, or any other DDA the County may designate. Mr. Carrubba will maintain daily office hours. 2. County will aid the Investigation Bureau detectives and patrol officers requesting legal assistance. 3. County will provide necessary assistance regarding serious/violent crimes and homicides. 4. County will write all search warrants for the Gilroy Police Department, as well as, the Gilroy Police Officer assigned to UNET. 5. County will assist Gilroy Police Neighborhood Resources unit with "Community oriented" events and public safety forums held within the city of Gilroy. These events include public safety fairs, Child ID programs and child safety presentations at local public and private schools. 6. County will provide direction and assistance to new officers in the form of legal training, report writing and court testimony. Mr. Carrubba will continue to be an instructor in the Gilroy Police Departments citizen Police Academy. 7. County will coordinate the Operation Spotlight Task Force, which is a multi-agency/multi-jurisdictional task force organization whose main function is to address excessive blight and indecent living conditions in low-income rental housing units with the city of Gilroy. Page 7 of 7