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PD Investigative Services AmendmentAMENDMENT TO AGREEMENT FOR INVESTIGATIVE SERVICES WHEREAS, ROBERT K. GOLDMAN has retired from his contractual service as a fraud investigator with the City of San Rafael Police Department effective June 30, 1997; and WHEREAS, ROBERT K. GOLDMAN may be required, in the future, to complete three open cases and to testify in cases which he has investigated and prepared for prosecution; and WHEREAS, the City of San Rafael Police Department desires to retain the services of ROBERT K. GOLDMAN for the limited purposes of testifying. NOW THEREFORE, the parties modify their Agreement of January 10, 1997, a copy of which is attached, as follows: 1. Section 1. is modified to read as follows: Obligations. a) Contractor agrees to complete his current caseload of three open cases as efficiently as possible and within a period not to exceed eighty (80) hours. b) Upon presentation of a subpoena, Contractor shall prepare for and attend judicial proceedings regarding these cases he has been working, in the manner described in section 1.(e) of the Agreement. 2. Section 4. is modified to read as follows: 4. Compensation. For the services provided to City by Contractor under the terms of this Agreement, City shall pay Contractor $32.00 per hour. As an Independent Contractor, Contractor understands and agrees that he is not and shall not be entitled to any employee benefits, and is not and shall not be entitled to any leave compensation under Labor Code §4850. d�aGlkdP�l 3. Section 6. is modified to read as follows: 6. Term of Agreement. This Agreement shall become effective on July 1, 1997 and shall terminate on the completion of the three open cases and closing of those files, or on December 31, 1999, whichever occurs earlier, unless terminated pursuant to Section 7. of the Agreement. All other terms and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD City Manaer ATTEST: �/b. Janne M. Leon�'CiClerk APPROVED AS TO City Attorney 2 OBERri" GOLDMAN Independent Contractor AGREEMENT FOR INVESTIGATIVE SERVICES FOR FRAUD AND FRAUD RELATED CRIMES This Agreement is made and entered into this /D day of , 1997, by and between the City of San Rafael Police Department (hereafter ",6ITY"), and Robert K. Goldman (hereinafter, "CONTRACTOR"). RECITALS WHEREAS, CITY needs additional trained personnel to investigate, prepare, and pursue fraud and fraud -related crimes perpetrated in the City of San Rafael or upon its citizens, and WHEREAS, CONTRACTOR possesses specialized training and experience in the filed of criminal investigation of fraud and fraud -related crimes, and WHEREAS, CITY has found that CONTRACTOR is qualified to perform investigations into fraud and fraud -related crimes; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. OBLIGATIONS OF CONTRACTOR. CONTRACTOR shall perform the following obligations and duties: (a) Shall be a non -sworn, civilian investigator experienced in the detection and investigation of fraud and fraud -related crimes; (b) Perform all fraud and fraud -related criminal investigations (including but not limited to embezzlement, counterfeiting, forgery, non -sufficient funds checks, account -closed checks, theft by trick or device) as assigned and directed by the Special Operations Bureau of CITY; (c) Prepare thorough written reports of all criminal investigations, including supplementals, performed under this Agreement; (d) Coordinate arrest situations with supervisors and police officers of CITY; (e) Coordinate and cooperate with Marin County District Attorney's office in the preparation and prosecution of criminal cases arising from CONTRACTOR's investigations performed under this Agreement, including but not limited to responding to all subpoenas and providing testimony in court. CONTRACTOR shall not be required to carry, and shall not carry, a weapon, and shall not be required to make any arrest nor to intervene or participate in any physical confrontation situations. - 1 - 2. OBLIGATIONS OF CITY. CITY shall perform the following duties and obligations: (a) Provide CONTRACTOR with a work space and materials to perform the services outlined in section one (1) of this Agreement; (b) Compensate CONTRACTOR pursuant to the provisions of Section 4. of this Agreement. 3. INDEPENDENT CONTRACTOR. The parties intend that each party, in performing its obligations as provided herein, shall act as an independent contractor to the other party, and shall have full control over the means and methods of its performance of said obligations. CONTRACTOR, its officers, agents, employees, and subcontractors, are not agents or employees of CITY, but are Independent Contractors. 4. COMPENSATION. For the services provided to CITY by CONTRACTOR under the terms of this Agreement, CITY shall pay CONTRACTOR $24.31 per hour for a minimum forty (40) hours of work per week. CITY shall pay CONTRACTOR time and one-half for any time worked in excess of forty (40) hours per week. CONTRACTOR shall be paid at the hourly rate of Step E for a police officer ($23.81) plus fifty cents ($.50) per hour for a prorated share of the benefit package received by members of the San Rafael Police Association. CONTRACTOR shall be paid monthly upon submission of invoices itemizing hours worked. CONTRACTOR shall be compensated only for the hours actually worked. CONTRACTOR, as an Independent Contractor, shall not be entitled to any employee benefits, and shall not be entitled to leave compensation under Labor Code section 4850. 5. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 5. TERM OF AGREEMENT. ®rl-11iOe ,2 U This Agreement shall become effective on January.a-3'1997 and shall terminate on June 30, 1997, unless terminated earlier pursuant to Section 7. 7. TERMINATION. This Agreement may be terminated by either party for breach of any of the terms and conditions of this Agreement, or by mutual consent, upon thirty (30) days written notice to the other party and that party's failure to take significant remedial action to correct the breach or desire to terminate the Agreement. 8. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed or national origin, in connection with or related to the performance of its duties, obligations and activities under this Agreement. 9. COMPLIANCE WITH LAWS. REGULATIONS AND ORDERS. CONTRACTOR shall comply with all applicable laws, ordinances, codes and regulations of federal, state, and local governments, in the performance of its duties, obligations and activities under this Agreement. In addition, CONTRACTOR shall comply with rules, regulations, and general orders of CITY, and any amendments or additions thereto that may, from time to time, be adopted during the term of this Agreement or any extension thereto. 10. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or sent by United States mail, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit in the United States mail. Notice shall be given as follows: CITY: San Rafael Police Department c/o Captain, Special Operations Bureau City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 944915-1560 CONTRACTOR: Robert K. Goldman 196 Corte Balboa Greenbrae, CA 94904 (415) 461-1428 -3- 12. MODIFICATION. This Agreement shall not be modified except in writing executed by the parties hereto. 13. ENTIRE AGREEMENT. This Agreement, including any exhibits attached hereto, represents the entire Agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Rod Gou d RbBER K. OLDMAN City Manager Independent Contractor APPRO ,ED A.cT,O FORM: 15ARYT (RAGGHIAII City Attorney M:/ADMIN/CONTRACT/97/97 1.DOC -4-