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HomeMy WebLinkAboutLiebert, Cassidy and Whitmore; 2008-05-14;AGREEMENT FOR EDUCATIONAL / TRAINING SERVICES LIEBERT, CASSIDY AND WHITMORE AGREEMENT is made and entered into as of the /y~ day of 20 ofr. by and between the CITY OF CARLSBAD, a municipal corporatidn//("City"), and Liebert, Cassidy and Whitmore a professional law corporation ("Contractor). RECITALS City requires the professional services of a law firm that is experienced in providing training about the "Peace Officers Bill of Rights" Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of 90 days from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be twenty-five hundred dollars dollars ($2,500.00 No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Contractor. Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. Insurance. Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, City Attorney Approved Version #11.28.06 employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General and Automobile liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 8. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. Termination. City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version #11.28.06 14. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF/CARLSBAD, corporation o '"w (e-mail address) led legal -a rtA 'By:p '*^ LORRAJJHE M. WO City Clerk (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ROMANS R. BALJ<<rity Attorney Deputy City Attorney City Attorney Approved Version #11.28.06 EXHIBIT "A" SCOPE OF SERVICES Present personnel training program based on the attached outline. City Attorney Approved Version #11.28.06 TABLE OF CONTENTS 7.06 SECTION 1 Introduction 1 SECTION 2 When Should an Administrative Investigation be Commenced? 1 What if the Complainant Refuses to Sign a Department Mandated Complaint Form or Otherwise Cooperate in the Investigation? 2 Additional Circumstances Where the Administrative Investigation Should be Conducted 3 Example: 4 Can an Agency Administratively Investigate Misconduct When the Precipitating Event is Notice from Another Law Enforcement Agency that It has Arrested Said Employee? 4 Am I or My Agency Subject to Liability for Either Providing Arrest Information to a Third Party Employing Agency or Utilizing Such Information in the Conduct of my Own Agency's Investigation? 6 SECTION 3 How Much Evidence Must I Have Before I Commence an Administrative Investigation? 6 SECTION 4 Who Shall Be Assigned to Conduct the Administrative Investigation? 7 Status in the Chain of Command 7 Consistency 8 Personality 8 Method of Selecting the Investigator 8 SECTION 5 How Do You Conduct the Administrative Investigation? 9 When Do You Advise the Employee That He/She is the Subject of the Investigation? 9 In What Format Should the Investigation be Conducted? 9 Are Non-Subject (Witness) Employees Entitled to Representation During the Course of Their Interview?. 10 SECTION 6 Interrogation of the Subject Employee 11 Section 3303 of the Government Code—The Public Safety Officers Procedural Bill of Rights Act- To Whom Does It Apply? 11 Time of Interrogation 12 Who May Be Present During the Interrogation? ; 12 Can Non-Police Officers Participate in the Interrogation? 12 Nature of the Investigation 13 Length of Interrogation 13 Offensive Language/Threats 13 Statements Made Under Duress, Coercion, or threat of Punitive Action 14 Tape Recording and Pre-Interrogation Discovery of the Tape and Other Documents 14 Practice Pointer: 15 When Should You Provide a Miranda Warning? 16 Right to a Representative 16 Practice Pointer: 17 Issue For Discussion: 17 Conducting a Law Enforcement Disciplinary Investigation ©2006 Liebert Cassidy Whitmore What is the Normal Course of Duty? 17 Reassignment of the Officer During the Course of the investigation 18 Time Limitations on Completion of Investigation 18 Government Code § 3304 19 Analysis of Subsection (d) 19 Exceptions 19 Analysis of Subsections (E), (F) (G) and (H) 21 Entry of Adverse Comments into Personnel File 23 Personnel File Inspection 23 Issue for Discussion 24 What About the use of a Lie Detector Test? 24 Internet Identification of Officers 25 Impact 25 Can We Investigate His/Her Wealth (Or Lack Thereof)? 25 Searches of Locker and Storage Space 26 Practice Pointer 26 Destruction of Evidence 27 Jurisdiction/Remedies 28 SECTION 7 What Happens When the Investigation Regards Criminal as well as Administrative Misconduct? 28 SECTION 8 Post-Interrogation Procedures 29 The Report 29 Pre-Discipline Notice of Intended Disciplinary Action 30 Time Restraints on Completion of the Investigation and the Notice of Discipline 30 APPENDIX A California Government Code §§3300-3311 32 APPENDIX B California Insurance Code § 1871 - 1871.8 50 APPENDIX C LCW Special Bulletin - September 2002 67 APPENDIX D Interrogation Admonition 74 APPENDIX E Sample Memo of Notice of Intended Disciplinary Action 76 APPENDIX F An Off-Duty Ride With the Vagos? I Think Not. An Initial Review of Labor Code § 96 (AB1689) 79 ENDNOTES 84 Conducting a Law Enforcement Disciplinary Investigation ©2006 Liebert Cassidy Whitmore