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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: May 9, 2006

Subject/Title: Resolution approving, and authorizing the City Manager to sign an agreement for professional services between the City of Brentwood and the Contra Costa County District Attorney for a Community Based Prosecutor.

Prepared by: James Martinez, Lieutenant Brentwood Police Department

Submitted by: James Martinez, Lieutenant Brentwood Police Department

RECOMMENDATION
Adopt a Resolution approving, and authorizing the City Manager to sign an agreement for
professional services between the City of Brentwood and the Contra Costa County District
Attorney for a Community Based Prosecutor.

PREVIOUS ACTION
None.

BACKGROUND
A Community Based Prosecutor works out of the Police Department to build the history on the de minimus misdemeanor cases that do not normally get charged by the District Attorney’s office due to the lack of history and neighborhood impact. The Community Based Prosecutor reviews such cases and flags them for special handling at the District Attorney’s office. The cases will be flagged in the District Attorney’s Case Management System so that they will generate their own calendar for the Community Based Prosecutor to track. Furthermore, the Community Based Prosecutor will work on an as needed basis to be available to the officers of the Brentwood Police Department as an advisor on cases not yet filed. Currently, the City of Concord is a model for this program and they have found it to be a valuable and effective resource for their community. Lastly, the Community Based Prosecutor will work to educate the judiciary on the impact of quality of life crimes in the City of Brentwood and the need to deal strongly with community troublemakers. The Community Based Prosecutor will educate the neighborhoods on the actions they can take, and the role of all parts of the criminal justice system. The Community Based Prosecutor will also educate other deputy district attorneys about the concerns of the community in the handling of the cases that are traditionally considered to be minor cases.

FISCAL IMPACT
The 2006/2007 fiscal year impact of this service agreement is $123,270. It is anticipated that the Community Based Prosecutor will devote half-time (50% FTE) of service to the City of Brentwood. This contractual service is budgeted for in this fiscal budget year and the next fiscal budget year.

Attachments:
Resolution
Agreement
Exhibit “A”

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING,
AND AUTHORIZING THE CITY MANAGER TO SIGN, AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF BRENTWOOD AND THE CONTRA
COSTA COUNTY DISTRICT ATTORNEY FOR A COMMUNITY BASED PROSECUTOR.

WHEREAS, the Community Based Prosecutor works out of the Brentwood Police Department to build the history on the de minimus misdemeanor cases that do not normally get charged by the District Attorney’s office due to the lack of history and neighborhood impact; and

WHEREAS, the Community Based Prosecutor reviews such cases and flags them for special handling at the District Attorney’s office; and

WHEREAS, the Community Based Prosecutor will work on an as needed basis to be available to the officers of the Brentwood Police Department as an advisor on cases not yet filed; and

WHEREAS, the Community Based Prosecutor will work to educate the judiciary on the impact of quality of life crimes in the City of Brentwood and the need to deal strongly with community troublemakers; and

WHEREAS, the Community Based Prosecutor will educate the neighborhoods on the actions they can take, and the role of all parts of the criminal justice system; and

WHEREAS, the Community Based Prosecutor will educate other deputy district attorneys about the concerns of the community in the handling of the cases that are traditionally considered to be minor cases and assist the Brentwood Police Department as set forth in Exhibit “A”, which a copy is attached hereto.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
approves, and authorizes the City Manager to sign an agreement for professional services
between the City of Brentwood and the Contra Costa County District Attorney for a Community
Based Prosecutor.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a meeting held on the 9th day of May 2006 by the following vote:

AGREEMENT FOR PROFESSIONAL SERVICES
(Community Based Prosecution Program)

THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is entered into on _____________, 2006 between the City of Brentwood (the "City") and the Contra Costa County District Attorney, 725 Court Street (the “District Attorney”) (collectively, the “Parties”).

RECITALS

The Parties desire to have the Contra Costa County District Attorney provide professional services to the City as part of the Community Based Prosecution Program in an effort to curb local crime, reduce calls for service for disturbances of all kinds, and reduce the occurrence of all quality of life crimes as further described herein, upon the following terms.

NOW, THEREFORE, IN CONSIDERATION of the following mutual covenants and promises, the Parties hereto agree as follows:

1. Effective Date. The effective date of this Agreement is the date first written above.

2. Services. District Attorney shall provide the basic services (the “Services”) described in detail in Exhibit A, Scope of Services and Compensation, attached hereto and made a part hereof.

3. Amendment. If authorized, District Attorney shall furnish additional services, which are in addition to the Services. If additional services are requested by City, this Agreement may be amended, modified, or changed by the Parties subject to mutual consent by written amendment, signed by authorized representatives of both Parties.

4. Authorized Representatives. Authorized representatives shall represent City and District Attorney in all matters pertaining to the Services except where approval for the City is specifically required by the City Council. All requirements of City pertaining to the Services shall be submitted through these representatives and City shall cooperate with District Attorney in all matters relating to this Agreement in such a manner as will result in the performance of such work without delay.

The City authorized representative is the City Police Department’s Support Services Lieutenant, currently Lt. James Martinez. The District Attorney authorized representative is Jean Skilling, Deputy District Attorney.

5. Compensation. District Attorney shall be compensated on a time and materials basis for the Services not to exceed $123,270.00, as more particularly described in Exhibit A, Scope of Services and Compensation; and District Attorney shall be compensated for additional services rendered under Section 3, as more particularly described in a fully approved and executed Amendment to this Agreement. District Attorney may submit monthly statements for the Services and additional services rendered. It is intended that payment to District Attorney will be made by City within thirty (30) days of receipt of invoice.

6. Term. The term of this Agreement, subject to termination as set forth in Section 13, shall be from the effective date through June 30, 2007.

7. Standard of Performance. District Attorney represents to City that the Services shall be performed in an expeditious manner and with the degree of skill and care that is required by current, good, and sound procedures and practices. District Attorney further agrees that the Services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. Performance by District Attorney. District Attorney hereby designates Jean Skilling, Deputy District Attorney, Deputy District Attorney, as the person primarily responsible for the day-to-day performance of the Services (the “Community Based Prosecutor”). District Attorney shall not change the District Attorney’s representative without the prior written consent of the City. Unless otherwise expressly agreed by the City, District Attorney's representative shall remain responsible for the quality and timeliness of performance of the Services, notwithstanding any permitted or approved delegation hereunder.

9. Ownership and Maintenance of Documents. All documents furnished by District Attorney pursuant to this Agreement are instruments of the Services. They are not intended nor represented to be suitable for reuse by others on extensions of this Agreement or on any other agreement. Any reuse without specific written verification and adoption by District Attorney for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to District Attorney, including attorney’s fees arising out of such unauthorized reuse.

District Attorney’s records, documents, calculations, and all other instruments of the Service pertaining to an actual project shall be given to City at the completion of the project. District Attorney shall not be required to give City any prosecution documents, documents protected by the attorney client privilege or other applicable privilege and documents pertaining to the District Attorney’s work product. The City reserves the right to specify the file format that electronic document deliverables are presented to the City. If this Agreement is terminated pursuant to Section 13, deliverables shall be provided based on Section 13 requirements.

10. Indemnification. District Attorney agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the negligent acts or omissions of District Attorney in the performance of this Agreement and the Services.

11. Insurance. District Attorney shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. District Attorney shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. District Attorney shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a One Million Dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Professional Liability Coverage. District Attorney shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by District Attorney, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than five hundred thousand dollars ($500,000) on claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements. District Attorney covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. District Attorney shall, at all times, upon demand of the City’s authorized representative or his/her designee, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

(1) City, its officers, agents, employees, and volunteers are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of District Attorney and operations of District Attorney, premises owned, occupied, or used by District Attorney. The coverage shall contain no special limitations on the scope or protection afforded to City, its officers, officials, employees, or volunteers.

(2) District Attorney's insurance coverage shall be primary insurance with respect to City, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of District Attorney's insurance and shall not contribute with it.

(3) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, officials, employees, or volunteers.

(4) The aforementioned policies shall be issued by an insurance carrier having a rating of A.M. Best A-7 or better which is satisfactory to the Risk Manager and shall be delivered to City at the time of the execution of this Agreement or as provided below. In lieu of actual delivery of such policies, a Certificate and endorsements issued by the insurance carrier showing such policy to be in force for the period covered by the Agreement may be delivered to City. Such policies and certificates shall be in a form approved by the City Attorney. Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name City, its officers, agents, employees and volunteers, as an additional insureds and provide for thirty (30) days notice of cancellation to City. Said policies shall not be canceled earlier than, nor the amount of coverage reduced earlier than, thirty (30) days after the City receives notices from the insured of the intent of cancellation or reduction.

F. Self Insurance. District Attorney may satisfy its insurance obligations stated above by providing satisfactory evidence that it is self-insured and has sufficient financial resources to meet the insurance obligations stated herein.

12. Suspension of Work. City or District Attorney may, at any time, by ten (10) days’ written notice, suspend further performance by District Attorney of the Services. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and District Attorney shall be paid for the Services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, District Attorney shall not receive any payment for Services, or expenses, except for reasonable administration expenses, incurred by District Attorney by reason of such suspension.

13. Termination. City or District Attorney may terminate this Agreement for any reason upon ten (10) days written notice to the other party. City or District Attorney may terminate the Agreement upon five (5) days written notice if District Attorney or City breaches this Agreement. In the event of termination, District Attorney shall promptly deliver to the City any reports or other written, recorded, photographic, or visual materials and other deliverables prepared for the City prior to the effective date of such termination. District Attorney shall not be required to provide City any prosecution documents, documents covered by the attorney-client privilege or any other applicable privilege, and documents pertaining to District Attorney’s work product. After receipt of deliverables, City will pay District Attorney for the Services performed as of the effective date of the termination.

14. Compliance with Civil Rights. During the performance of this contract, District Attorney agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, District Attorney shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. District Attorney will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

15. Independent Contractor. In assuming and performing the Services, District Attorney is an independent contractor and shall not be eligible for any benefits, which the City may provide its employees, except as expressly provided for in the Agreement. All persons, if any, hired by District Attorney shall be employees or subcontractors of District Attorney and shall not be construed as employees or agents of the City in any respect. District Attorney shall have responsibility for and control over the means of providing the Services.

16. Compliance with Laws. District Attorney shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses for the performance of the Services.

17. Choice of Laws. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction.

18. Non-Waiver. The waiver by either Party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

19. Enforceability. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and District Attorney shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward effecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement.

20. Integration. The Agreement contains the entire agreement and understanding between the Parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between District Attorney and City, whether oral or written.

21. Successors and Assigns. City and District Attorney respectively, bind themselves, their successors, assigns, and legal representatives. District Attorney shall not assign or transfer any interest in the Agreement without the City's prior written consent, which consent shall be in the City's sole discretion. Any attempted assignment or transfer in breach of this provision shall be void.

22. Attorney’s Fees. If either Party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing Party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorney's fees.

23. Financial Records. Records of District Attorney’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when requested.

24. Notices. All notices required hereunder shall be in writing and mailed postage prepaid by Certified or Registered mail, return receipt requested, or by personal delivery to the City and District Attorney’s address as shown below, or such other places as City or District Attorney may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To City: Michael R. Davies, Police Chief
City of Brentwood
9100 Brentwood Blvd.
Brentwood, CA 94513
Phone: (925) 634-6911

To District Attorney: Contra Costa County District Attorney
Attention: Robert Kochly
Contra Costa County
725 Court Street
Martinez, California 94553
Phone: 925-957-2200
IN WITNESS WHEREOF, the Parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

DISTRICT ATTORNEY

By:
Robert Kochly, District Attorney

CITY OF BRENTWOOD:

By:
Donna Landeros, City Manager

ATTEST:

By:
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

By:
Damien B. Brower, City Attorney

EXHIBIT “A”

SCOPE OF SERVICES AND COMPENSATION

1. The Community Based Prosecutor will work with the Brentwood Police Department to build the history on the de minimus misdemeanor cases that do not normally get charged by the District Attorney’s office due to the lack of history and neighborhood impact. These cases will be filed through normal channels but will be reviewed first by the Community Based Prosecutor and flagged for special handling. The cases will be flagged in the District Attorney’s Case Management System so that they will generate their own calendar for the Community Based Prosecutor to track. All cases will be logged in a database, noting whether filed and if filed, the ultimate disposition of the court. The Community Based Prosecutor will also work on an as needed basis to be available to the officers of the Brentwood Police Department as an advisor on cases not yet filed.

2. Upon request of the assigned liaison officer and subject to the availability of the Community Based Prosecutor, the Community Based Prosecutor may attend various Owner/Manager/Resident meetings.

3. The Community Based Prosecutor will work to educate the judiciary on the impact of quality of life crimes and the need to deal strongly with community troublemakers. The Prosecutor will educate the neighborhoods on the actions they can take, and the role of all parts of the criminal justice system. The Prosecutor will also educate other deputy district attorneys about the concerns of the community in the handling of the cases that are traditionally considered to be minor cases. The Prosecutor will educate the police officers to assist in their community policing efforts.

4. On a bi-monthly basis the Community Based Prosecutor will prepare a report detailing the new issues and actions taken/proposed. The reports will also contain a progress report on problems whose solutions are already in progress as to not lose sight of ongoing projects. Each report will contain an accounting of the number of cases reviewed for each district and the result of the review (filed, declined to file, returned to agency, and referred to another unit)

CITY’S DUTIES

The City will provide the Community Based Prosecutor a workstation and phone. The City will provide the necessary lines so that the Community Based Prosecutor can access the Police Department’s network and the DA Network and LJIS mainframe application via the County’s Virtual Private Network.

COMPENSATION

For Fiscal Year 2006/07, the Community Based Prosecutor is being fully funded by the City of Brentwood at a cost of $123,270.00. The term of the agreement commences on April 11, 2006. This agreement will expire on June 30, 2007. It is anticipated that the Community Based Prosecutor will devote half-time (50% FTE) of service to the City under this agreement.

The District Attorney is responsible for paying the Community Based Prosecutor’s salary, and benefits, and associated costs as an employee of the District Attorney. The District Attorney shall submit invoices to the City to reimburse the District Attorney as detailed on the invoice, of the Community Based Prosecutor’s time spent in performing work under the agreement. The manner of submitting invoices and the time for reimbursement payment is set forth in Section 5 of the agreement.
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov