HomeMy WebLinkAboutCommunity Service Program, Inc. (CSP) - 2008-05-05Council/Agency Meeting Held:
Deferred/Continued to:
*ppro ed ❑ Conditionally Approved ❑ Denied Cit lerk'r/Signaye
Council Meeting Date: 5/5/2008 Department ID Number: PD-08-004
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR
PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE C�dCTInX�i C- •P)
SUBJECT: Approve Office of Criminal Justice Planning ant Violence Against
Women Program for 2008 and Approve Contract for Community Service
Program, Inc.
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Police Department applied for a grant through the State of
California Office of Criminal Justice Planning for funding for our Violence Against Women
Domestic Violence program. In April 2008, the Police Department was notified of its award of
$100,126. City Council approval is necessary to fully execute the agreement between the
State and the City. The grant is funded from January 1, 2008 to December 31, 2008.
Funding Source: A 24.485% City match of $24,516 is required which has been included in
the Police Department's budget, under the General Fund, Account Number 10070203. The
balance of $75,610 will be offset by new revenue. A new grant fund will be established upon
approval by the City Council. No additional appropriation of funds is necessary.
Recommended Action: Motion to:
1. Accept the grant between the State of California, Office of Criminal Justice Planning and
the City of Huntington Beach;
2. Approve the appropriation of $100,126, of which $75,610 is to be fully reimbursed by the
grant from the Office of Criminal Justice Planning. The remaining $24,516 will be funded
from appropriations in the Police Department's budget;
E-s
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: PD-08-004
3. Authorize the expenditure of funds of $100,126 plus interest to pay for the professional
services contract between the City of Huntington Beach and Community Service Program,
Inc. for Victim/Witness Advocate, and some operating costs related to the Domestic
Violence Program for the first year of the contract;
4. Approve and Authorize the Mayor and City Clerk to execute the professional services
contract between the City of Huntington Beach and Community Service Program, Inc. for
Victim/Witness Advocate'.
Alternative Action(s):
Do not approve the grant and reject the grant funding from the Office of Criminal Justice
Planning and direct staff accordingly.
Analysis:
The Police Department applied to the Office of Criminal Justice Planning (OCJP) for a grant
to pay for a Domestic Violence Program. The grant funding is for $75,610, with a $24,516
24.485% match. The majority of the grant will pay for the services of a Victim's Assistance
Counselor. The Victim's Assistance Counselor is contracted through the Community Service
Program, Inc. A new professional services contract agreement is attached in this RCA.
This program has been in effect since 1998. Since the inception of the Domestic Violence
Program, the Counselor has been continuously funded through a series of grants. The goal
of the program is to help heal the family and stop the cycle of violence. Without this grant,
the Police Department would not be able to offer the services of the Victim's Assistance
Counselor to victims of domestic violence. The counselor coordinates the program with a
Police Department investigator to form a cohesive team to assist the victim.
The acceptance of this grant will pay for counseling services through December 2008. The
cash match of $24,516 is located within the existing Police Department budget. The new
professional services contract is for a three year term. The Police Department will include
funding for this contract in the department's budget in subsequent fiscal year budgets. If
OCJP approves the future years funding, the contract will continue. Should the Domestic
Violence Program not receive funding in the next two fiscal years, the contract will be
terminated.
Strategic Plan Goal: This grant supports the City Services Strategic Plan Goal. That is to
provide public services with the highest professional standards to meet community
expectations and needs, assuring that the city is sufficiently staffed and equipped overall.
-2- 4/24/2008 3:59 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: PD-08-004
Environmental Status: N/A
Attachment(s):
Fiscal Impact Statement
2. IProfessional Services Contract Between The City of Huntington Beach
and Community Service Program, Inc. for Victim/Witness Advocate
-3- 4/23/2008 8:19 AM
ATTACHMENT #1 ---Jl
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
FINANCE DEPARTMENT
TO: PAUL EMERY, INTERIM CITY ADMINISTRATOR
FROM: DAN T. VILLELLA, CPA, FINANCE DIRECTOR
SUBJECT: FIS 2007-08-21 Approve the Office of Criminal Justice Planning Grant
Violence Against Women Program for Calendar Year 2008 and Approve the
Professional Contract for Community Service Program, Inc. for Victim Witness
Advocate to be Funded by this Grant
DATE: APRIL 15, 2008
As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve
the Office of Criminal Justice Planning Grant Violence Against Women Program for Calendar
Year 2008 and Approve the Professional Contract for Community Service Program, Inc. for
Victim Witness Advocate to be Funded by this Grant."
If the City Council approves this action (total appropriation $100,126), there will be no effect on
the General Fund Balance or the new grant fund balance. The matching'requirement is already
budgeted, and the new appropriation from the Grant Fund is offset by new revenue not
anticipated in the budget adoption process..
Dan T. Villella
Finance Director
DTV/rs
ATTACHMENT #2 ----Jl
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Service Program, Inc.
FOR
Victim/Witness Advocate
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and Community Service Program; ainc. non-profit Calif. --Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide a full-time advocate
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
Q
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which
is attached hereto and incorporated into this Agreement by this reference. These services
shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Margot Carlson
who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
to commence on January Ist 1 2008 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than three years from the Commencement Date.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to
in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit
"B," which is attached hereto and incorporated by reference into this Agreement, a fee,
two hundred forty four
including all costs and expenses, not to exceed thousand thirteen Dollars
($ 244,013.00
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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such work only after receiving written authorization from CITY. Additional compensation
for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to
CITY upon expiration or termination of this Agreement or upon PROJECT completion,
whichever shall occur first./These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, losses, expenses, judgments, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONSULTANT's (or
CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct
all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention, "deductible" or any other similar form of limitation
on the required coverage except with the express written consent of CITY. A claims -made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of
the scope of work (including subsequent policies purchased as renewals
or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection
with this Agreement..
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice; however, ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the( option of CITY, become its property
and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not
be assigned, delegated or subcontracted by CONSULTANT to any other person or entity
without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the
insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below. CITY and CONSULTANT may designate different addresses to
which subsequent notices, certificates or other communications will be sent by notifying the
other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return
receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Mindy James
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Margot Carlson
Community Service Program, Inc.
1821 E. Dyer Road, Suite 200
Santa Ana, Ca 92705
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret; define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the nonprevailing party.
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04/08/2008 01:35 9499750250 CSP VICTIM ASSISTANE
Apr 07 2008.8:05RM HACKNEY E1.,5CTRIC INC S4S 2G4 4011�
PAGE 02/02
p, 1
25. URYJY,�L
Terms and conditions of this Agrcesnent, which by their sense and. context
survive the expiration or termination of this Agreement; shall so survive.
This Agreemwt shall ba governed and construed in accordance with the laws
of the State of Calt1'omia.
27. SJQNAM=S
Each undersigned represents and warrants that its signet= hereinbelow has
the power, authority and right to bind their respective parties to each of the teens of this
Agreement, and shall indemnify CITY fully (or any injuries or damages to CITY in the event
that such authority or power is not, in fact, held by the sigrtatory orb withdrawn.
CONSMTANrs iniflauq4W=
29. ENTTIR21Y
The parties acknowledge and agree that they ,are entering into this Agreement
freely and voluntarily following extensive amft length rt.egatlation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement, The parties also
acknowledge and agree that no represcntations, inducements, promises, agreements or
warranties, oral or otherwise„ have been made by brat party or anyone acting on that party's
b tali, which are .not embodied in this Agreement, and that that patty has not executed this
Agreement irk reliance on any repmsentation, inducement, promise, agreement, warranty, fact
or cimurrmstamce not expressly set forth in this Agreement. This Agreement, and tine attached
exhibits, contain the entire agreement haween the parties respecting the subject matter of this
Agreement, and supetsede all prior understandings and agreements whether oral ar in wkiting
brAwo >a the harries respecting the subject matter hereof.
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29.. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council.
provided herein. ` -/A0 0j)
CONSULTANT,
Community Service Program, Inc.
COMPANY NAME
t
By:
print name
ITS: (circle one) Chairm residen ice President
This Agreement shall expire when terminated as
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
CaliniaIrl _ A
Mayor - "
City Clerk ''boo
AND INITIATED AND APPROVED:
� By: C31�rJ
L. A/ Police Directo Chie
print name
ITS: (circle one) Secreta Chief Financial Officer/ sst./�J
Secretary - Treasurer REVIEWgf A APPROVED:
APPROVED AS TO FORM:
y 9 Do
City Attorney 6.i1'��A
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12107
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The purpose of this contract is to continue the efforts of law enforcement
agencies to enhance or create specialized units to focus special effort on the
handling of violent crimes against adult women, including sexual assault,
domestic violence, and stalking. The specialized unit will accomplish this
purpose through thorough investigation, immediate victim advocacy, and training
for , law enforcement officers. Thorough investigation leads to successful
prosecution of cases, immediate victim advocacy provides victims with the
support and resources to help disrupt the cycle of violence, and training assists
departments in providing a consistent, effective, and compassionate response to
female victims of violent crime. Projects receiving continuation funding will be
required to collect and report demographic information on victims served. The
project contracts with a local victim service agency (rape crisis or domestic
violence agency) for one full-time advocate (or full-time equivalent). The
advocate must meet the requirements of a domestic. violence or sexual assault
counselors as defined by the Evidence Code (Section 1035-1036.2 for sexual
assault counselors and Section 1037-1037.7 for domestic violence counselors).
The Huntington Beach Advocate must have 14 years experience in assisting
victims of domestic violence, sexual assault, and stalking crimes. The
agreement shall cover a three-year period beginning October 1, 2007 through
September 30, 2010, unless terminated earlier for cause or availability funding.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
Project Scope:
This project will provide comprehensive services for victims/witnesses of crime.
The goals include providing services that will alleviate the trauma and
devastating impact of crime on the lives of victims and their family members.
Additionally, it is necessary to provide information to victims/witnesses of crime
regarding the processes of the criminal justice system in order to encourage
cooperation in the investigation and prosecution of the case.
1. Victim/Witness Services. The provision of mandatory and optional services
for all victims/witnesses of crime is outlined in the California Penal Code
13835.5. The contracted provider shall provide both mandatory and optional
services.
a. Mandatory Services as outlined in the Penal Code shall include but is
not limited to:
i. Crisis intervention — provide timely and comprehensive
responsive to the individual needs of crime victims.
ii. Emergency assistance — directly or indirectly providing food,
housing, clothing and cash, if necessary.
jmp/contracts group/exA/3/4/08
EXHIBIT "A"
iii. Resource and referral counseling — direct victims to agencies
within the community.
iv. Follow-up counseling — provide counseling to victims with
problems resulting from crime.
v. Filing of compensation claims — assist victims in filing claims for
compensation through the Victim Compensation and
Government Claims Boards.
vi. Property returns assistance — upon request of the victim, assist
in obtaining the return of a victim's property held as evidence by
law enforcement agencies.
vii. Orientation — provide orientation to the criminal justice system.
viii. Court accompaniment — provide accompaniment and support
the victim in the courtroom.
ix. Presentations (criminal justice agencies) — provide
presentations to and training of criminal justice system
agencies.
x. Presentations (public) — provide presentations to public
agencies and community groups.
A Case status - monitor appropriate court cases to keep victims
and witnesses apprised of the progress and disposition of their
case.
xii. Notification — upon request of the victim, provide notification to
friends, relatives and employers of the occurrence of the crime.
xiii. Employer notification — upon request of the victim or witness,
inform the employer that the employee was a victim or witness
to a crime.
xiv. Restitution assistance — upon request of the victim, assist in the
process of obtaining restitution for the victim.
b. Optional Services — as outlined in the Penal Code shall include but is
not limited to.
i. Employer intervention — assist the victim in resolving
employment issues that arise as the result of the crime.
ii. Creditor intervention — assist the victim in resolving creditor
issues that arise as the result of the crime.
iii. Crime prevention — provide information regarding crime
prevention to individuals or community groups.
iv. Temporary restraining orders — provide assistance in obtaining
temporary restraining orders for victims.
v. Transportation — arrange for transportation to court for victims
required to testify.
vi. Waiting area — arrange for the provision of a victim/witness
waiting room.
vii. Victim Impact Statements — provide victims assistance in the
preparation of victim impact statements for probation reports,
sentencing and parole hearings.
jmp/contracts group/exA/3/4/08
EXHIBIT "A"
2. Staffing Requirements. All staff must have met minimum education and
experience requirements for the position, be carefully screened for suitability.
Offers of employment will be contingent upon successfully passing fingerprint
and background checks. Supervision of staff will be the sole responsibility of
the contracted agency. The following outlines general training requirements
for the positions.
Victim Advocate. Staff assigned to provide victim/witness services by the
contracted agency must complete the Entry Level and Advanced Advocate
certification training requirements as established by the California Victim and
Witness Coordinating Council and the California Office of Emergency Services.
The contracted agency must provide specific training in domestic violence,
sexual assault, and stalking for advocates specializing in those areas of concern.
Additionally, each advocate must be given no less than 16 hours of in service
training each year. Finally, advocate is required to submit a semi-annual
progress report directly to the grant agency as part of the grant reporting
requirement.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay contractor after an invoice is received from the contractor.
2. Negotiate rates with the contractor, as necessary.
3. Provide overall review of the services.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the contract period. It is understandable
that some services will continue beyond the contract period if the services are
ongoing. These ongoing services will not have any costs that will be assessed
beyond the contract period.
jmp/contracts group/exA/3/4/08
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules. See exhibit B.1 attached
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
EXHIBIT B.1
Description of Services Provided
Rate - Year 1
Rate - Year 2
Rate - Year 3
Victim/Witness Services
$73,720
$81,092
$89,201
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Service Program, Inc.
FOR
Victim/Witness Advocate
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
.
Effective Date................................................................................I
I
ACORD CERTIFICATE OF LIABILITY INSURANCE CntOP mrrur 6P DATE n IAA /o''
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
Chapman & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. 0. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Pasadena CA 91117-0455
Phone: 626-405-8031 Fax:626-405-0585 INSURERS AFFORDING COVERAGE NAIC #
INSURED
INSURER A Riverport Insurance Company
INSURER B Everest National
Community Service Programs, Inc j INSURER C.
1821 E. Dyer Road Ste, 200 INSURERD.
Santa Ana CA 92705 -
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS"-DD'[� — -- -- --- "---"----- POlTCY EFFEC IVE CICYEXPIRATfO
LTR ONSFI TYPE OF INSURANCE POLICY NUMBER T DATE MM/DD/YY DATE MM/DD/YY LIMITS
GENERAL LIABILITY
j
EACH OCCURRENCE $1000000
A
I
X COMMERCIAL GENERAL LIABILITY
RIC0008559
10/01/07
10/01/08
'DAMAGETO-htNTEO—.—.'------------ ---
PREMISES (Eaoccurence) $100000
j
—
CLAIMS MADE j OCCUR
-------------- - - -
EXP (Any one person) S 5000
X ISexual Abuse
RIC0008559
10/01/07
I
10/01/08
�—MED
[PERSONAL I $1000000"
X]PROFESSIONAL
CONTRACTUAL LIABILITY10/01/07
10/01/08
GENERAL AGGREGATE i S 3000000
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMP/OP AGG I $ 1000000
POLICY n JEo j LOC
_
Em Ben. 1000000
AUTOMOBILE LIABILITY
BINED SINGLE LIMIT $1000000
F(CEO
A
X ANYAUTO RIC0008559
10/01/07 10/01/08accident)
--- ALL OWNED AUTOS
SCHEDULED AUTOS j QVE AST
X HIRED AUTOS
BODILY INJURY $
F RM j (Per person)
�U r+ BODILY INJURY '
j X i NON -OWNED AUTOS ; JEM�iIF R MCGW
ITy A�toMey (Per accideni) i S
'
I PROPERTY DAMAGE S
j(Per
accide n)
I
GARAGE LIABILITY
AUTO ONLY -_EA ACCIDENT
$
ANY AUTO j
OTHER THAN EA ACC
-- -
$
AUTO ONLY: qGG
$
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$ 1000000
A
OCCUR CLAIMS MADE
REL0008560
10/01/07
10/01/08
_
S1000000,__-__
AGGREGATE
S
-
-_1 DEDUCTIBLE
-y
$ - --- ----
-----�-- "-----
I
r
RETENTION $
S
WORKERS COMPENSATION AND
X LTORY LIMITS I
B
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE I
6600000007071 07 /01 /07
07 /01 /08
-_LER
E.L. EACH ACCIDENT
--------------I---------------
-
$ 1000000
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEq
S 1000000
If yes, describe under
SPECIAL PROVISIONS below
j
—"---------'-"-"--------
E1 DISEASE -POLICY LIMIT I
"-"-- "-
$ 1000000
OTHER I i
I j 1
A Employee Dishonest RIC0008559 10/01/07� 10/01/08j Limit 450,000
A Property jRIC0008559 j 10/01/0710/01/08j Contents 249,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Victim Assistance Program. City of Huntington Beach, it's Agents,
Officers & Employees are named additional insured with respect to the
operations of the named insured. Workers compensation coverage excluded,
evidence only. 10 day notice of cancellation for non payment of premium.
CEHTIFIGATE HOLUEH CANGELLAI ION
City of Huntington Beach
Police Department
2000 Main Street
Huntington Beach CA 92648
25
HUNT IN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
388
,
Business Income is actual loss sustained for 12 months from the date of
loss. policy Conditions include severability of interests provision as
respects to insured persons - no iutra or oozso liability clauses are
included.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
(2001/081
PRODUCER
Chapman & Associates
License #0522024
P. O. Box 5455
Pasadena CA 91117-0455
City of Huntington Beach
Police Department
2000 Main Street
Huntington Beach CA 92648
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
oo
1. Date: 1/18/2008
2. Department: Police
3. Requested by: Mindy James
4. Name of consultant: Community Services Programs, Inc. for Victim Witness Advocate Services
S. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
Please see exhibit A
6. Amount of the contract: $244,013
7. Are sufficient funds available to fund this contract?' 'Yes 2/No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ❑ Yes ® No
9. Company number and object code where funds are budgeted: A new grant fund will set up.
10. Is this contract less than $50,000? ❑ Yes ® No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ® Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
The contract is exempt from the RFP process since it meets the interagency requirement.
15. Attach proposed scope of work.
Exhibit A
16. Attach proposed payment schedule.
Exhibit B
l
Department Head Signature
/ "' RPC- HARD AMADRIL N L
Purchasing and Central Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Police Department
SUBJECT:
Approve Office of Criminal Justice Planning Grant
Violence Against Women Program for 2008 and
Approve Contract for Community Service Program, Inc.
COUNCIL MEETING DATE:
I May 5, 2008
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
Not Applicable
❑
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
❑
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
XF LANTiOOPJ FOR NWHS ATTACHMENTS
REVIEWED
RETURNED
FOR D
Administrative Staff
Deputy City Administrator Initial
City Administrator Initial
,
City Clerk
I EXPLANATION FOR RETURN OF ITEM:
RCA Author: Mindy James
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 6, 2008
Margot Carlson
Community Service Program, Inc.
1821 E. Dyer Road, Suite 200
Santa Ana, CA 92705
Dear Ms. Carlson:
The City Council of the City of Huntington Beach at the meeting held
May 5, 2008, approved execution of the Professional Services Contract Between the
City of Huntington Beach and Community Service Program, Inc. for VictimMitness
Advocate program
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
oan L. Flynn, CIVIC
City Clerk
Enclosure: Agreement
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Sister Cities: Anjo, Japan • Waitakere, New Zealand
( Telephone: 714-536-5227