HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAM, INC., (CSP) - 2007-09-17/21
Council/Agency Meeting Held:
Deferred/Continued to:
)LApp ov ❑ Conditionally Approved ❑ Denied
ity erk' Signat r
Council Meeting Date: 9/17/2007
Department ID Number: PD-07-009
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITYjCOUNCIL MEMBERS
SUBMITTED BY: PENELO K-'C—UL ETH-GRAFT, D A, CITY ADMINISTRATOR
PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE CLA_17�
SUBJECT: Approve contracts with Community Services Program, Inc. for the
Management of Juvenile Diversion Program and for the Gang
Prevention and Intervention Program
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City approve three-year contracts with Community Services
Program, Inc. for the management of Juvenile Diversion Program and the Gang Prevention
and Intervention Program? Approval of the attached contracts will renew these agreements
and allow payment to CSP for all future services.
Funding Source: Sufficient funds are available in the Police Department's 2007-2008
budget, under the General Fund, Account Numbers 10070203 and 10070106. No additional
appropriation of funds is necessary.
Recommended Action: Motion to:
1. Approve and authorize the Mayor and City Clerk to execute three-year contracts with
Community Services Program, Inc. for the management of Juvenile Diversion Program and
for the Gang Prevention and Intervention Program.
Alternative Action(s):
Do not approve three-year contracts with Community Services Program, Inc. for the
management of Juvenile Diversion Program and for the Gang Prevention and Intervention
Program and direct staff accordingly.
E-S
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: PD-07-009
Analysis:
Since 1992 the police department has contracted with Community Services Program, Inc. to
provide Juvenile Diversion and Gang Prevention and Intervention Services. The Juvenile
Diversion component focuses on counseling of incorrigible youths. These youths may also
have serious family, emotional, school or negative peer influence issues. CSP counselors
receive their referrals via the police department. The Gang Prevention and Intervention
component focuses on gang prevention and intervention services for at -risk youth and their
families. This component also provides after school recreational activities and tutoring
services. The combined efforts of these services have had a very positive effect on the youth
of our community to stay on track and away from the penal system.
Strategic Plan Goal: These contracts support 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.
Environmental Status: N/A
Attachment(s):
1. Management of Juvenile Diversion Program Contract Agreement with
Community Services Program, Inc.
2 Gang Prevention and Intervention Program Contract Agreement with
Community Services Program, Inc.
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Service Program, Inc.
FOR
Management of Juvenile Diversion Program
Table of Contents
Scopeof Services.....................................................................................................I
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
IndependentContractor............................................................................................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
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Service Program, Inc.
FOR
Management of Juvenile Diversion Program
THIS AGREEMENT ("Agreement") is made and entered into this 1st day of
October 20 07, 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, Inc. a non-profit California Corp.
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
Management of Juvenile Diversion Program ;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:
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.
agree/forms/profsery 10/ 15101 -A I
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 as soon as practicable after the execution of this Agreement by CITY (the
three years from
"Commencement Date"). This Agreement shall expire on commencement date unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than three years , from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. 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.
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," a fee, including all costs and expenses, not to exceed
Two Hundred Sixty Nine Thousand Dollars ($ 269,038
Thirty Eight Dollars
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 such work only after receiving written authorization from CITY. Additional
agree/forms/profserv10/15/01 2
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 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
agree/forms/profsery 10/15101-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any 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.
agree/forms/profserv10/15101-A 4
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. shall 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.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profsery 10/ 15/01-A 5
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.
agree/forms/profsery 10/15/01 -A 6
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
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.
agree/forms/profsery 10/15/01 -A 7
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
agree/forms/profsery 10/15101-A 8
which is hereby affected shall be 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,
agree/forms/profsery 10/ 15101-A 9
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 non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, 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 representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/15/01 -A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their authorized officers the day, month and year first above written.
CONSULTANT/CONTRACT R
Covnw,�n; y 4rv�� Pra� Lhc.
IIn
print name
ITS: (circle one) Chairman/President/Vice President
CSP 5rMAI,.e D r* �r
AND
By:
print name
ITS: (circle one) Secreta �Financialsst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
APPRO ED AS TO FORM:
City Attorney al; ( 0
INITIATED AND APPROVED:
001
ector / Chief
REEVVIEWEpD AND APPROVED:
CilLV Administrator YY n
X
i
08/30/2007 22:30 9492511659 CSP,INC.
PAGE 05/05
COMMUNITY SERVICE PROGRAMS
1821 East Dyer Road, Suite 200 • Santa Arta, California 92705
Phonc (949) 250.0488 - Fax (949) 251-1659
E-mail: gtncralinfo@cspinc.org
CSP Board of Directors
Resolution
The CSP Board of Directors resolves that Margot R. Carlson, CSP Execudve
Director, is authorized by signature alone to sign program contracts and
renewal packages.
I hereby certify that the foregoing is a true copy of the resolution
adopted by the Board of Directors of Community Service Programs, DW-
in a meeting thereof held on June 28, 2006 by the following:
Vote
Ayes:
No:
Signature:V Date: �►
David Halley
President, Board. of DUtors
Community Service Programs, Inc.
Signature: Date'
L 'srit . e mst�reng
Secretary, SCrVd of Directors
Community We Programs, Inc.
a rron-profir ageruy serving Orange County since 1972
youth shchcr - family counseling - child abuse prevention • parent educatiott - dispute resolution
gang prevention - victim/witncas assistance • drug, 21CO 1, tobacco abuse prevention
Website: www.eepinc.org
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The City of Huntington Beach desires to provide short-term diversion and early
intervention services to youth ages 18 and under who are exhibiting pre -delinquent,
emotional, behavioral or school -related problem behaviors. This program will also
provide services to youth that are victims of abuse and sexual assault. Families are
also included to help prevent future law enforcement or justice system involvement.
Referrals will be received from the Police Department, local schools and the community.
A comprehensive approach is desired, which should include individual, family and group
counseling, anger management groups, drug, alcohol and tobacco education groups,
victim restitution, community service hours, legal awareness workshops, crisis
intervention and resource and referral linkage. These service efforts should provide
early intervention for at -risk families and youths.
The individual, family and group counseling component should identify reasons for
problem behavior, giving positive tools to help solve problems and promote coping
skills. The anger management program should teach youths to constructively manage
anger issues in an acceptable manner. The drug/alcohol/tobacco education should give
youths information about the negative effects of chemical abuse. The restitution
program should include volunteer hours and monetary reimbursement to the victims of
crime to teach the youths the consequences of their actions. The legal awareness
workshop should educate the youths on juvenile laws and the juvenile justice system.
Crisis intervention will be provided on a case basis.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
1) Program Director, who is a licensed family therapist, will provide program oversight,
clinical and administrative supervision for program staff, training, active case
management and crisis intervention support.
2) Counselor will process all referrals and provide the requested service and any
others that are deemed necessary.
3) In service training will be conducted for patrol officers, gang unit officers, narcotics
officers and any other units the Police Departments deems necessary one to two
times per year.
4) The counselor will work during evening hours at least one time per week, making
him or herself available until 9:00 p.m. to accommodate the needs of working
parents.
5) Services of the counselor will be offered at the Police Department's main station on
Main Street.
jmp/contracts group/exA/8/22/07
EXHIBIT "A"
6) Upon referral the counselor will contact the family by phone as soon as possible to
schedule an assessment interview. The assessment will determine the needs of
the youth and the family, the appropriate intervention and resource.
7) When an intake assessment is complete, the counselor reviews the relevant issues,
problems and needs with the family and youth. Future appointments are scheduled
on a case -by -case basis.
8) Realistic and appropriate treatment goals are established. Goals are developed by
with the family and counselor. Intervention effectiveness will be measured against
the targeted goal that is to be achieved.
9) Counselors may refer families to outside resources as part of the treatment plan.
10) Counselors may terminate a case depending on the accomplishments of specified
goals. Termination procedures should be documented and meet any long term
need of the youth and family.
11) Termination of cases will be reviewed and supervised by clinical and administrative
supervision.
12) A diversion specialist will coordinate the community service program. An intake
assessment will be completed on the youth. Relevant information will be gathered
and considered for placement at an appropriate site for community service hours.
13) The diversion specialist will develop community service sites, which are non-profit
organizations. The diversion specialist will train on -site staff, make on -site
inspections to address issues and answer questions, and help develop the hours
and type of work performed by the youth. The diversion specialist will ensure that
the site work provides a good learning experience for the youth.
14) The diversion specialist will monitor each case and check all related paperwork.
15) The contractor will provide worker's compensation insurance for youth working in
the community service program.
16) A diversion specialist will coordinate the restitution program. An intake
assessment will be completed on the youth. The diversion specialist will contact
the victim and to document and verify the validity of a claim. For claims over $500,
three estimates will be required. Once a claim is completed a payment schedule is
will be set.
17) A diversion specialist will handle all payment from the youth. When payment is
made, the youth will be given a receipt. The contractor will submit the payments
from the client to their accounting divisions to be deposited in a restitution account.
jmp/contracts group/exA/8/22/07
EXHIBIT "A"
The contractor will forward a check to the victim in order to protect the youth's
confidentiality as required by law.
18) A diversion specialist will also coordinate and conduct the legal education
workshop. An intake specialist will conduct assessment. The information on the
location, date, time, and agenda of the class will be relayed to the youth and their
family. Workshops are a single three-hour session. Each workshop can be
designed to meet the needs of the participants. The curriculum includes; group
discussion regarding the youth's offense and the family response, impact of crime
on victims, legal awareness education regarding juvenile laws, sealing of records,
structure of the juvenile justice system, educational videos, police jail tours, slides
of juvenile hall, exercises on choices and decision making and consequences of
delinquent acts. The parents will also receive specific information regarding
effective parenting skill, adolescent development and communications guidelines.
19) The counselor will provide an assessment to youth that appear to be in need of
drug/alcohol/tobacco education. The counselor coordinates 6-10 youths in three,
two-hour sessions to increase the awareness of the reasons for and the
consequences of drug/alcohol/tobacco use. If follow-up sessions are necessary,
the counselor will provide further referrals.
20) The counselor will assess the need for an anger management program. The
counselor will lead a group of 6-10 youths in three, two-hour sessions for
aggression related problems. The group will help the youths increase awareness of
the triggers of their anger and the consequences of negative expressions of their
anger. Effective communication skill, problem solving techniques and conflict
resolution skills will be developed. The counselor will determine if follow up
programs are necessary and will provide further referrals.
21) The contractor will provide a 24 hours a day, 7 days a week professionally staffed
help line to help manage crisis situations.
22) The contractor will provide quarterly reports to the Police Department reflecting
referral data, client demographics and community outreach programs and any other
statistics related to the program. Additionally the program staff will meet with the
supervising Police Department unit's staff member every 6 weeks to discuss the
program activities and ongoing identification of community needs.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay contractor on a quarterly basis after an invoice is received from the
contractor.
2. Review statistical reports submitted by the program director.
jmp/contracts group/exA/8/22/07
EXHIBIT "A"
3. Modify performance measures, as the community needs change.
4. Negotiate rates and provided services with the contractor.
5. Provide overall review of the program.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is
understandable that some services will continue beyond the contract period if the
services are on going. These on -going services will not have any costs that will
be assessed beyond the contract period.
jmp/contracts group/exA/8/22/07
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with the following fee schedule:
10/1/07 — 9/30/08
Year 1
10/1/08 — 9/30/09
Year 2
10/1/09 — 9/30/10
Year 3
$87,042
$89,653
$92,343
Total fees shall not exceed Two Hundred Sixty Nine Thousand Thirty Eight Dollars ($269,038).
CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the
maximum limit per year. CONSULTANT shall not continue with any work effort over the amount
of the maximum limit per year unless first authorized in writing by City authorized representative(s).
3. 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.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) 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.
jmp/contracts group/exB-1/8/22/07 1
EXHIBIT B
Alternative #1
5. 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.
jmp/contracts group/exB-1/8/22/07 2
EXHIBIT B
Alternative #1
OP ID $ DATE (MMIDDIYYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE COMaav_6 09 D5 07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
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 Fax1626-405-D585 INSURERS AFFORDING COVERAGE NAIC#
Community Service Programs,inc
1821 E. Dyer Road Ste. 200
Santa Ana CA 92705
rn%1C0 Aaec
INSURER A: Riverport Eaeurmce compeer
INSURERS: Everest National
INSURER C:
INSURER D:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, 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,
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MWDDIYY EFFECTIVE
POLICY MNVDDIYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 10 0 D 0 00
PREMISES (Ea o�avre ce)
$ 100000
A
X
X COMMERCIAL GENERAL LIABILITY
RIC0007559
10/01/06
10/01/07
MED EXP (Any one person)
$5 0 0 0
CLAIMS MADE ® OCCUR
PERSONAL BADVINJURY
$1000000
X Sexual. Abuse
RIC0007559
10/01/06
10/01/07
X
PROFESSIONAL
GENERAL AGGREGATE
s 3000000
CONTRACTUAL LIABILI
Y10/01/06
20/01/07
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMPIOP AGO
S 1000000
Emp Ben.
1000000
POLICY 7 JEcI LAC
A
AUTOMOBILE
LIABILITY
ANY AUTO
RIC0007559
10/41/06
10/Ol/07
COMBINED SINGLE LIMIT
(Ea accident)
$1000000
X
BODILY INJURY
(Per Person)
$
ALL OWNED AUTOS
SCHEOULEDAUTOS
X
X
BODILY INJURY
(Per accident)
S
HIRED AUTOS
NON-OWNEDAUTO5
APP VED A TO
RM
/� / I �\
%//✓L L
PROPERTY DAMAGE
(Per accident)
S
GARAGE LIABILITY
ALTO ONLY- EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGO
S
ANY AUTO
$
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
$1000000
A
X OCCUR CLAIMSMADE
REL0007560
10/01/06
1D/01/07
AGGREGATE
$1000000
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
X TORY LIMITS ER
E.L. EACH ACCIDENT
$1000000
B
EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
6600000007071
D7/01/07
07/01/08
E.L. DISEASE - EA EMPLOYEE
S 10 0 0 0 0 0
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE •POLICY LIMITS
1 OO O O O 0
OTHER
A
Employee Dishonest
RIC0007559
10/01/06
10/01/07
Limit 4a0,000
A
Property
RIC0007559
10/01/06
10/01/07
Contents 249,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Diversion Program. City of Huntington Beach, It's agents,
officers and employees are named additional insured. Workers Compensation
coverage excluded, evidence only. 10 day notice of cancellation for non
payment of premium.
GCK I H-IGAI C "VLLJCK
�,�nvc�u+nvn
HumiNp
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Huntington Beach
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Police Department
Diversion Program
2000 Main St.
IMPOSE NO OBLIGATION DR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
1 AUTdt WEDREPR A
Huntington Beach CA 92648
25/2001/081
ca❑
198E
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.
ACORD 25 (2001/00)
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 intra or cores liability clauses are
included.
POLICY NUMBER: RIC0007559
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Addldonal Insured Persons Or O anlzatlon s
CITY OF HUNTINGTON BEACH, IT'S AGENTS, OFFICERS & EMPLOYEES
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
RE: Diversion Program
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section Il — Who Is An Insured is amended to
include as an additional Insured the person(s) or
organization(s) shown in the Schedule, -but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising Injury' caused,
in whole or In {part, -by your acts or omissions or the
acts or omissions of those acting on your behalf:
A. In the performance of your ongoing operations; or
.B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 0 180 Properfies, Inc., 2004 Page 1 of 1 0
08/20/+2007 22:28 9492511659 CSP,INC. PAGE 02/03
AMILM
AMENDMENT NUMBER 1
TO `AGREEMENT FOR CONTRACT SERVICES"
THIS AMENDMENT NUMBER 1 TO AGREEMENT FOR CONTRACT SERVICES (the "First
Amendment") is made and entered into as of July 13, 2007 by and between the City of Irvine, a
municipal corporation ("City") and Community Services Program, Inc., a California non-profit
corporation ("Contractor"), for the purpose of amending the written "Agreement for Contract
Services" entered into between City and Contractor as of January 17, 2007 City of Irvine contract
number 5469 (the "Agreement").
1. The expiration date of the Agreement is changed from June 30, 2007 to June 30, 2008.
2_ "PART V, BUDGET" is modified by adding EXHIBIT I, attached hereto.
3. Except as set forth in this First Amendment, all terms, conditions and provisions of the
Agreement are unchanged and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Agreement to be executed by their respective duly authorized agents as of the date first set forth
above.
CITY OF IRVINE
By: -6
Its: Director of Pu is Safe
e__
By.
Its: City Manager (if > $100K)
Attest
CITY CLERk OF THE. CITY
OF IRVINE
APPRO AS TO FORM:
RUTAN U 1, LLP
W
COMMUNITY SERVICES PROGRAM, INC.
r
:r
Its: P w . dF FIIJAVJC,
Page i 4oq A
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into as of January 17, -2007, by and between the CITY OF IRVINE, a municipal
corporation ("City"), and COMMUNITY SERVICES PROGRAM, INC., a California non-profit
corporation ("Contractor"). (The term Contractor includes professionals performing in a
consulting capacity.)
PART I
FUNDAMENTAL TERMS
A. Location of Project: The City of Irvine location(s) as set forth in PART IV, Scope of
Services, included herein.
B. Description of Services/Goods to be Provided: Juvenile Diversion S ices in
accordance with PART IV, Scope of Services, included herein.
C. Term: Unless termin
year periods.,.
D. Party Representatives:
earlier as set forth in this Agreement, the services shall
D.1. The City designates the following person/officer to act on City's behalf: David L.
Maggard, Jr., Chief of Police
D.2. The Contractor designates the following person to act on Contractor's behalf:
Hether Benjamin, Program Director, Diversion Services
E. Notices: Contractor shall deliver all notices and other writings required to be
delivered under this Agreement to City at the address set forth in Part II ("General
Provisions"). The City shall deliver all notices and other writings required to be delivered to
Contractor at the address set forth following Contractor's signature below.
F. Attachments: This Agreement incorporates by reference the following Attachments
to this Agreement:
F.1.
Part I:
F.2.
Part II:
F.3.
Part III:
FA.
Part IV:
F.5.
Part V:
Fundamental Terms
General Provisions
Special Provisions
Scope of Services
Budget
City of Irvine rev 03/16/06
1
5-1,69
G. Integration: This Agreement represents the entire understanding of City and
Contractor as to those matters contained herein. No prior oral or written understanding shall
be of any force or effect with regard to those matters covered by this Agreement. This
Agreement supersedes and cancels any and all previous negotiations, arrangements,
agreements, and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first set forth above.
CITY OF IRVINE
By:
Its:
By:
Its:
Attest
Director of Pubic Safety
City Manager- Sr At Jo4CC
By: �T�-
CITY CLERK OF THE CITY
OF IRVINE
APPROVED AS TO FORM:
COMMUNITY SERVICES PROGRAM, INC.
Its: `�.��.! ��.c.Zr✓
�« 3o•p�
By
Its:13
Contractor Information
Address for Notices and Payments:
Community Services Programs
1821 East Dyer Road, Suite 200
Santa Ana, CA 92705
Attn: Hether Benjamin,
Program Director, Diversion Services
Telephone Number: 949.250-0488
FAX Number: 949.251-1659
Page 2
PART II
GENERAL PROVISIONS
SECTION ONE: SERVICES OF CONTRACTOR
1.1 Scone of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide the goods and/or services shown on Part IV hereto
("Scope of Services"), which may be referred to herein as the "services" or the "work." If this
Agreement is for the provision of goods, supplies, equipment or personal property, the terms
"services" and "work" shall include the provision (and, if designated in the Scope of Services, the
installation) of such goods, supplies, equipment or personal property.
1.2 Changes and Additions to Scope of Services. City shall have the right at any
time during the performance of the services, without invalidating this Agreement, to order extra
work beyond that specified in the Scope of Services or make changes by altering, adding to, or
deducting from said work. No such work shall be undertaken unless a written order is first given
by City to Contractor, incorporating therein any adjustment in (i) the Budget, and/or (ii) the time to
perform this Agreement, which adjustments are subject to the written approval of the Contractor.
It is expressly understood by Contractor that the provisions of this Section 1.2 shall not apply to
services specifically set forth in the Scope of Services or reasonably contemplated therein.
Contractor hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Contractor
anticipates and that Contractor shall not be entitled to additional compensation therefor.
1.3 Standard of Performance. Contractor agrees that all services shall be performed
in a competent, professional, and satisfactory manner in accordance with the standards
prevalent in the industry, and that all goods, materials, equipment or personal properly included
within the services herein shall be of good quality, fit for the purpose intended.
1.4 Performance to Satisfaction of City. Contractor agrees to perform all work to
the satisfaction of City within the time specified. if City reasonably determines that the work is
not satisfactory, City shall have the right to take appropriate action, including but not limited to:
(i) meeting with Contractor to review the quality of the work and resolve matters of concern; (ii)
requiring Contractor to repeat unsatisfactory work at no additional charge until it is satisfactory;
(iii) suspending the delivery of work to Contractor for an indefinite time; (iv) withholding payment;
and (v) terminating this Agreement as hereinafter set forth.
1.5 Instructions from City. In the performance of this Agreement, Contractor shall
report to and receive instructions from the City's Representative designated in Paragraph D.1 of
Part I ("Fundamental Terms") of this Agreement. Tasks or services other than those specifically
described in the Scope of Services shall not be performed without the prior written approval of
the City's Representative.
Page 3
1.6 Familiarity with Work. By executing this Agreement, Contractor warrants that
Contractor (i) has thoroughly investigated and considered the scope of services to be performed,
(ii) has carefully considered how the services should be performed, and (iii) fully understands the
facilities, difficulties, and restrictions attending performance of the services under the Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any conditions, including
any latent or unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform the City of such fact and shall not proceed
except at Contractor's risk until written instructions are received from the City's Representative.
1.7 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither the Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by
operation of law, whether for the benefit of creditors or otherwise, without the prior written
approval of City. In the event of any unapproved transfer, including any bankruptcy proceeding,
City may void the Agreement at City's option in its sole and absolute discretion. No approved
transfer shall release any surety of Contractor of any liability hereunder without the express
consent of City.
1.8 Compensation. Contractor shall be compensated in accordance with the terms of
Part V hereto ("Budget"). Included in the Budget are all ordinary and overhead expenses
incurred by Contractor and its agents and employees, including meetings with City
representatives, and incidental costs incurred in performing under this Agreement.
SECTION TWO: INSURANCE AND INDEMNIFICATION
2.1 Insurance. Without limiting Contractor's indemnification obligations, Contractor
shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance
coverage as provided below, against all claims for injuries against persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
Contractor, its agents, representatives, employees, and/or subcontractors. In the event that
Contractor subcontracts any portion of the work in compliance with Section 1.7 of this
Agreement, the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the contractor is required to
maintain pursuant to this Section 2.1.
2.1.1 Insurance Coverage Required. The policies and amounts of insurance
required hereunder shall be as follows:
(a) General Liability (including premises and operations,
contractual liability, personal injury, independent contractors
liability): One Million Dollars ($1,000,000.00) single limit, per
occurrence. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate
shall apply separately to this project, or the general aggregate limit
Page 4
shall be three times the occurrence limit.
(b) Automobile Liability (including owned, non -owned,
leased, and hired autos): One Million Dollars ($1,000,000.00),
single limit, per occurrence for bodily injury and property damage.
(c) Workers Compensation and Employer's Liability:
Workers Compensation Insurance (if Contractor is required to have)
in an amount required by the laws of the State of California and
Employer's Liability Insurance in the amount of One Million Dollars
($1,000,000.00) per occurrence for injuries incurred in providing
services under this Agreement.
(d) Professional Liability (covering errors and omissions):
One Million Dollars ($1,000,000.00) per claims made.
(e) Other Insurance: Such other policies of insurance as
may be required in Part III hereto ("Special Provisions").
2.1.2 General Requirements. Contractor's insurance:
(a) Shall be issued by an insurance company which is an
admitted carrier in the State of California and maintains a Secure
Best's Ratings of "A" or higher; unless otherwise approved by City;
(b) General Liability, Automobile Liability and Employer's
Liability shall name the City, and its officers, officials, employees,
agents, representatives and volunteers (collectively hereinafter
"City and City Personnel") as additional insureds and contain no
special limitations on the scope of protection afforded to City and
City Personnel. All insurance provided hereunder shall include
the appropriate endorsements.
(c) Shall be primary ' insurance and any insurance or self-
insurance maintained by City or City Personnel shall be in excess of
Contractor's insurance and shall not contribute with it;
(d) Shall be "occurrence" rather than "claims made"
insurance, excluding Professional Liability;
(e) Shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of
the insurer's liability;
(f) Shall be endorsed to state that the insurer shall waive all
rights of subrogation against City and City Personnel, excluding
Professional Liability;
Page 5
(g) Shall be written by good and solvent insurer(s) admitted
to do business in the State of California and approved in writing by
City; and
(h) Shall be endorsed to state that coverage shall not be
suspended, voided, cancelled, reduced in coverage or in limits, non -
renewed, or materially changed for any reason, without thirty (30)
days prior written notice thereof given by the insurer to City by U.S.
mail, or by personal delivery, except for nonpayment of premiums, in
which case ten (10) days prior notice shall be provided.
2.1.3 Deductibles. Any deductibles or self -insured retention's must be declared
to and approved by City prior to the execution of this Agreement by City.
2.1.4 Evidence of Coverage. Contractor shall furnish City with certificates of
insurance demonstrating the coverage required by this Agreement which
shall be received and approved by City not less than five (5) working days
before work commences.
2.1.5 Workers Compensation Insurance. If Contractor is required to provide
Workers' Compensation Insurance, Contractor shall file with City the following signed
certification:
"I am aware of, and will comply with, Divisions 4 and 5 of the
California Labor Code by securing, paying for, and maintaining in
full force and effect for the duration of the contract, complete
Workers' Compensation Insurance, and shall furnish a Certificate of
Insurance to City before execution of the Agreement."
In the event Contractor has no employees requiring Contractor to provide Workers'
Compensation Insurance, Contractor shall so certify to City in writing prior to City's
execution of this Agreement. City and City Personnel shall not be responsible for any
claims in law or equity occasioned by failure of the Contractor to comply with this section
or with the provisions of law relating to Workers' Compensation.
2.2 Indemnification. Contractor shall indemnify, defend, and hold City and City
Personnel harmless from and against any and all actions, suits, claims, demands, judgments,
attorneys fees, costs, damages to persons or property, losses, penalties, obligations, expenses
or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or
entity arising out of the willful or negligent acts, errors or omissions of Contractor, its employees,
agents, representatives or subcontractors in the performance of any tasks or services for or on
behalf of City, whether or not there is concurrent active or passive negligence on the part of City
and/or City Personnel, but excluding such claims or liabilities arising from the sole active
negligence or willful misconduct of City or City Personnel. In connection therewith:
2.2.1 Contractor shall defend any action or actions filed in connection with any
such claims or liabilities, and shall pay all costs and expenses, including attorneys fees
incurred in connection therewith.
Page 6
compensation. Neither Contractor nor any of Contractor's employees shall be included in the
competitive service, have any property right to any position, or any of the rights an employee
may have in the event of termination of this Agreement.
3.5 Use of Patented Materials. Contractor shall assume all costs arising from the
use of patented or copyrighted materials, including but not limited to equipment, devices,
processes, and software programs, used or incorporated in the services or work performed by
Contractor under this Agreement. Contractor shall indemnify, defend, and save the City
harmless from any and all suits, actions or proceedings of every nature for or on account of the
use of any patented or copyrighted materials.
3.6 Proprietary Information. All proprietary information developed specifically for
City by Contractor in connection with, or resulting from, this Agreement, including but not limited
to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or
software programs, but not including Contractor's underlying materials, software, or know-how,
shall be the sole and exclusive property of City, and are confidential and shall not be made
available to any person or entity without the prior written approval of City. Contractor agrees that
the compensation to be paid pursuant to this Agreement includes adequate and sufficient
compensation for any proprietary information developed in connection with or resulting from the
performance of Contractor's services under this Agreement. Contractor further understands and
agrees that full disclosure of all proprietary information developed in connection with, or resulting
from, the performance of services by Contractor under this Agreement shall be made to City, and
that Contractor shall do all things necessary and proper to perfect and maintain ownership of
such proprietary information by City.
3.7 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether arising out of this Agreement or otherwise) any amounts
the payment of which may be in dispute hereunder or which are necessary to compensate City
for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may
be liable to third parties, by reason of Contractor's negligent acts, errors, or omissions, or willful
misconduct, in performing or failing to perform Contractor's obligations under this Agreement.
City in its sole and absolute discretion, may withhold from any payment due Contractor, without
liability.for interest, arr amounY'sufficienf to cover such claim or any resulting lien. The failure of
City to exercise such right to deduct or withhold shall not act as a waiver of Contractor's
obligation to pay City any sums Contractor owes City.
3.8 Termination By City. City reserves the right to terminate this Agreement at any
time, with or without cause, upon written notice to Contractor. Upon receipt of any notice of
termination from City, Contractor shall immediately cease all services hereunder except such as
may be specifically approved in writing by City. Contractor shall be entitled to compensation for
all services rendered prior to receipt of City's notice of termination and for any services
authorized in writing by City thereafter. If termination is due to the failure of Contractor to fulfill its
obligations under this Agreement, City may take over the work and prosecute the same to
completion by contract or otherwise, and Contractor shall be liable to the extent that the total
cost for completion of the services required hereunder, including costs incurred by City in
retaining a replacement contractor and similar expenses, exceeds the Budget.
3.9 Right to Stop Work; Termination By Contractor. Contractor shall have the right
Page 8
2.2.2 Contractor shall promptly pay any judgment rendered against City or any
City Personnel for any such claims or liabilities.
2.2.3 In the event City and/or any City Personnel is made a party to any action or
proceeding filed or prosecuted for any such damages or other claims arising out of or in
connection with the negligent performance or a failure to perform the work or activities of
Contractor, Contractor shall pay to City any and all costs and expenses incurred by City
or City Personnel in such action or proceeding, together with reasonable attorney's fees
and expert witness fees.
SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES
3.1 Compliance with Laws. Contractor shall keep itself fully informed of all existing
and future state and federal laws and all county and city ordinances and regulations which in any
manner affect those employed by it or in any way affect the performance of services pursuant to
this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances,
and regulations and shall be responsible for the compliance of all work and services performed
by or on behalf of Contractor. When applicable, Contractor shall not pay less than the prevailing
wage, which rate is determined by the Director of Industrial Relations of the State of California.
3.2 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole
cost and expense all licenses, permits, and approvals that may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole
obligation to pay any fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for Contractor's performance of the
services required by this Agreement, and shall indemnify, defend, and hold harmless City
against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed
against City thereunder.
3.31 Covenant Against Discrimination. Contractor covenants .for itself, its heirs,
executors,assigns, and all persons claiming under or through it, that there shall be no
discrimination against any person on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry, in the performance of this Agreement. Contractor further covenants
and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C.
§12101 et seg.) as the same may be amended from time to time.
3.4 Independent Contractor. Contractor shall perform all services required herein as
an independent contractor of City and shall remain at all times as to City a wholly independent
contractor. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise, or a joint venturer, or a member of any joint enterprise
with Contractor. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. Neither Contractor nor any of
Contractor's employees shall, at any time, or in any way, be entitled to any sick leave, vacation,
retirement, or other fringe benefits from the City; and neither Contractor nor any of its employees
shall be paid by City time and one-half for working in excess of forty (40) hours in any one week.
City is under no obligation to withhold State and Federal tax deductions from Contractor's
Page 7
to stop work only if City fails to timely make a payment required under the terms of the Budget.
Contractor may terminate this Agreement only for cause, upon thirty (30) days' prior written
notice to City. Contractor shall immediately cease all services hereunder as of the date
Contractor's notice of termination is sent to City, except such services as may be specifically
approved in writing by City. Contractor shall be entitled to compensation for all services
rendered prior to the date notice of termination is sent to City and for any services authorized in
writing by City thereafter. If Contractor terminates this Agreement because of an error, omission,
or a fault of Contractor, or Contractor's willful misconduct, the terms of Section 3.8 relating to
City's right to take over and finish the work and Contractor's liability therefor shall apply.
3.10 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing.
3.11 Legal Actions. Legal actions concerning any dispute, claim, or matter arising out
of or in relation to this Agreement shall be instituted and maintained in the Municipal and
Superior Courts of the State of California in the County of Orange, or in any other appropriate
court with jurisdiction in such County, and Contractor agrees to submit to the personal
jurisdiction of such court.
3.12 Rights and Remedies are Cumulative. The rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or remedies for
the same default or any other default by the other party.
3.13 Attorneys' Fees. In any action between the parties hereto seeking enforcement
of any of the terms or provisions of this Agreement or in connection with the performance of the
work hereunder, the party prevailing in the final judgment in such action or proceeding, in
addition to any other relief which may be granted, shall be entitled to have and recover from the
other party its reasonable costs and expenses, including, , but' :not limited to, reasonable
attorneys fees, expert witness fees, and courts costs: If `either party to this Agreement is
required to initiate or defend litigation with a third party because of the violation of any term or
provision of this Agreement by the other party, then the party so litigating shall be entitled to its
reasonable attorney's fees and costs from the other party to this Agreement.
3.14 Force Maieure. The time period specified in this Agreement for performance of
services shall be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of City or Contractor, including, but not restricted to,
acts of nature or of the public enemy, unusually severe weather, fires, earthquakes, floods,
epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts
of any governmental agency, including City, if the delaying party shall within ten (10) days of the
commencement of such delay notify the other party in writing of the causes of the delay. If
Contractor is the delaying party, City shall ascertain the facts and the extent of delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
judgment of City such delay is justified. City's determination shall be final and conclusive upon
the parties to this Agreement. In no event shall Contractor be entitled to recover damages
Page 9
against City for any delay in the performance of this Agreement, however caused. Contractor's
sole remedy shall be extension of this Agreement pursuant to this Section 3.14.
3.15 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contractor, or any
successor in interest, in the event of any default or breach by City, or for any amount which may
become due to Contractor or its successor, or for breach of any obligation of the terms of this
Agreement.
3.16 Conflict of Interest. No officer, official, employee, agent, representative, or
volunteer of City shall have any financial interest, direct or indirect, in this Agreement, or
participate in any decision relating to this Agreement which affects his or her financial interest or
the financial interest of any corporation, partnership, or association in which he or she is
interested, in violation of any Federal, State, or City statute, ordinance, or regulation. The
Contractor shall not employ any such person while this Agreement is in effect.
3.17 Compliance with California Unemployment Insurance Code Section
1088.8. If Contractor is a Sole Proprietor, then prior to signing the Agreement, Contractor
shall provide to the City a completed and signed Form W-9, Request for Taxpayer
Identification Number and Certification. Contractor understands that pursuant to California
Unemployment Insurance Code Section 1088.8, the City will report the information from
Form W-9 to the State of California Unemployment Development Department, and that the
information may be used for the purposes of establishing, modifying, or enforcing child
support obligations, including collections, or reported to the Franchise Tax Board for tax
enforcement purposes.
SECTION FOUR: MISCELLANEOUS PROVISIONS
4.1 Records and Reports. Upon request by City, Contractor shall prepare and
submit to City any reports concerning Contractor's performance of the services rendered under
this Agreement. City shall have access, upon reasonable notice, to the books and records of
Contractor related to Contractor's performance of this Agreement in the event any audit is
required. All drawings, documents, and other materials prepared by Contractor in the
performance of this Agreement (i) shall be the property of City and shall be delivered at no cost,,
to City upon request of City or upon the termination of this Agreement, and (ii) are confidential
and shall not be made available to any individual or entity without prior written approval of City.
Contractor shall keep and maintain all records and reports related to this Agreement for a period
of three (3) years following termination of this Agreement, and City shall have access to such
records in the event any audit is required.
4.2 Notices. Unless otherwise provided herein, all notices required to be delivered
under this Agreement or under applicable law shall be personally delivered, or delivered by
United States mail, prepaid, certified, return receipt requested, or by reputable document
delivery service that provides a receipt showing date and time of delivery. Notices personally
delivered or delivered by a document delivery service shall be effective upon receipt. Notices
delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
Notices to the City shall be delivered to the following address, to the attention of the City
Page 10
Representative set forth in Paragraph D.1 of the Fundamental Terms of this Agreement:
To Ci City of Irvine
One Civic Center Plaza (92606) (Hand Deliveries)
P. O. Box 19575
Irvine, CA 92623-9575
Notices to Contractor shall be delivered to the address set forth below Contractor's signature on
Part I of this Agreement, to the attention of Contractor's Representative set forth in Paragraph
D.2 of the Fundamental Terms of this Agreement. Changes in the address to be used for receipt
of notices shall be effected in accordance with this Section 4.2.
4.3 Construction and Amendment. The terms of this Agreement shall be construed
in accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply. The headings of sections and paragraphs of this Agreement are for
convenience or reference only, and shall not be construed to limit or extend the meaning of the
terms, covenants and conditions of this Agreement. This Agreement may only be amended by
the mutual consent of the parties by an instrument in writing.
4.4 Severability. Each provision of this Agreement shall be severable from the whole.
If any provision of this Agreement shall be found contrary to law, the remainder of this
Agreement shall continue in full force.
4.5 Authority. The person(s) executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such
party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
4.6 Special Provisions. Any additional or supplementary provisions or modifications
or alterations of these General Provisions shall be set forth in Part III of this Agreement ("Special
Provisions").
4.7 Precedence. In the event of any discrepancy between Part I ("Fundamental
Terms"), Part II ("General Provisions"), Part III ("Special Provisions"), Part IV ("Scope of
Services"), and/or Part V ('Budget"), Part III shall take precedence and prevail over Parts I, II, IV
and V; Part II shall take precedence and prevail over Parts I, IV and V; Part IV shall take
precedence and prevail over Parts I and V; and Part V shall take precedence over Part I.
Page 11
PART IV
SCOPE OF SERVICES
Services shall be provided at the Irvine Police Department, 1 Civic Center Plaza, Irvine and
shall include the following:
l S -""'Counseling services for Irvine youth and their families
✓Provide CSP Drug and Alcohol Education Groups
L.�F'rovide Tobacco Education Groups
provide CSP Anger Management Groups
k34,vOversee community service hours performed by Irvine Youth
,Facilitate financial restitution for victims of juvenile crime
Conduct CSP Legal Awareness Workshop for Irvine youths and their parents
�g ✓Offer referral/resource information
Provide crisis intervention services
Refer Irvine youth to Pyle's Boys Camp for summer camp experience
Attend the Irvine Prevention Coalition meetings
Co-chair the Youth Development Subcommittee
Attend the Family Unit Meetings
Participate in Alternative to Suspension meetings regularly
Attend Safe Schools meetings
Provide Truancy Reduction Intervention Program
Provide Social Skill Group for juveniles
Page 13
03/26,:2007 08:09 9492511659 CSP INC PAGE 02
PART V
BUDGET
Payment for services will be made monthly on approved invoices, with payment terms of net
30 days upon receipt of invoice. Contractor agrees to provide supporting documentation to
invoicing as requested by City. The Budget shall not exceed $112,450 for Fiscal. Year July
1, 2006 — June 30, 2007.
Pricing shall remain firm for the entire one (1) year Agreement term. Thereafter, prices may
increase no greater than 3% per year.
Page 14
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 8/22/2007
2. Department: Police
3. Requested by: Mindy James
4. Name of consultant: Community Service Program Inc. - Juvenile Diversion Program
5. 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: $269,038
7. Are sufficient funds available to fund this contract?' ® Yes ❑ 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: 10070203.69365
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.
i' 15. Attach proposed scope of work.
Exhibit A
J 16. Attach proposed payment schedule.
Exhibit B
Department Head Signature
1. If the answer to this question is "No," the contract will require approval from the City Council.
0
is
Page 1 of 4
James, Mindy
From: Hether Benjamin [hbenjamin@cspinc.org]
Sent: Thursday, August 02, 2007 8:35 AM
To: James, Mindy
Subject: Re: FW: CSP Juvenile Diversion Program
Welcome back! I saw "City of Irvine" and did not connect your name with Huntington Beach until I
saw the budget amounts. Sorry --Now I know what you need. Yes I will ask for the original of
the newly signed Irvine Contract ASAP and fax that to you. The budget amounts are correct reflecting a
3% increase each year. iR
On 8/l/07, James, Mindy <mj_ames@hbpd.org> wrote:
Would it be possible that you get a copy /signedtract from City of Irvine? I don't need the original, just
a fax is okay.
In tern of cost proposal, please submit usOR you can confirm if this is correct.
/08 $87,042
FY08/09 $89,653
FY09/10 $92,343
Thanks!
Mindy
From: Hether Benjamin [mailto: bbenAmn@cs.pincorg]
Sent: Wednesday, August 01, 2007 5:10 PM —
To: James, Mindy
Subject: Re: FW: CSP Juvenile Diversion Program
I
87.042. +
89,653. +
92,343. +
Total:
269.038. *
Mike Weiss did send an extension contract over to CSP on July 6th and we signed and delivered back
to Mike on Tues 7/11/07. It included our budget proposal for 07-08 as well. I do not have an original
yet since we signed both originals and sent back. Do you still need something from us?
On 8/1/07, James, Mindy <mJames@hbpd.org> wrote:
Heather,
8/2/2007
COMMUNITY SERVICE PROGRAMS
1821 East Dyer Road, Suite 200 • Santa Ana, California 92705
Phone (949) 250-0488 • Fax (949) 251-1659
E-mail: generalinfo@cspinc.org
May 7, 2007
Chief Kenneth Small
Huntington Beach Police Department
2000 Main Street
Huntington Beach, CA 92648
Dear Chief Small:
CSP, Inc. offers this proposal to continue providing Juvenile Diversion Services for the
youth and families of Huntington Beach funded in part by the Huntington Beach Police
Department. Enclosed is a budget for the fiscal year 2007-2008 for your review. Please
take under consideration an increase of $2535 (3%) over last year's Diversion contract
amount.
In the midst of increased annual costs of doing business, we want to thank you for your
continued support of CSP and the Diversion Program. We look forward to continuing
collaboration and partnership with the Huntington Beach Police Department in the
upcoming fiscal year.
Sincerely,
4�qlrl�_ y�,�
Hether Benjamin, LM
Program Director
Diversion Services
CSP, Inc.
(949) 250-0488 x254
hbenjaminLaxspinc.org
Cc: Mindy James
a non-profit agency serving Orange County since 1972
youth shelter • family counseling • child abuse prevention • parent education • dispute resolution
gang prevention • victim/witness assistance • drug, alcohol, tobacco abuse prevention
Website: www.cspinc.org
0
0
! � Cur✓�"
Community Service Programs, Inc.
Juvenile Diversion Program - Huntington Beach
Oct. 1, 2007 through Sept 30, 2008
BUDGET CATEGORY
BUDGET
STAFFING
DIRECT SERVICE
Counselor 1.00 FTE
Specialist 0.80 FTE
1.80 FTE
SUPPORT STAFF
Supervision 0.20 FTE
Administrative 0.17 FTE
SALARIES & BENEFITS
SALARIES
97,581
TAXES AND BENEFITS
20,974
TOTAL SALARIES & BENEFITS
$
118,555
OPERATING EXPENSES
DIRECT EXPENSES
6,514
Recruiting/Training/Insurance/Rent/Mileage/Program Supplies/
Equipment Rental/Maintenance/Computer and Presenation Equipment
INDIRECT EXPENSES
6,206
Rent/lrelephone/Electrictiy/Office Supplies/Expenses
TOTAL OPERATING EXPENSES
$
12,720
TOTAL COST OF PROGRAM
$
131,274
LESS: PROJECTED CLIENT FEE INCOME
44,232
REQUESTED CONTRIBUTION FROM CITY FOR 07-08
$
87,042
PREVIOUS CONTRIBUTIONS FROM CITY
2006-2007
$84,507
2005-2006
$82,046
2004-2005
$79,656
03/26A2007 08:09 9492511659 C5P INC PACE 01
Community Service Programs, Inc. FM
1821 East Dyer Road, Ste. 200
Santa Ana, CA 92705
949 250-0488 ext 254
949 251-1659 fax
hbeniamin@cspinc. orcl
TO: Mindy James Fax: 714-374-1584
From: Hether Benjamin Date: 03/26/07
Re: Diversion Agreement Pages: 2 (including cover page)
CC:
❑ Urgent ❑For Review ❑Please Comment ❑ Please Reply ❑ Please Recycle
Part V
This communication and any documents, files, or previous fax messages attached to it constitute an
electronic communication within the scope of the Electronic Communication Privacy Act, 18 USCA 2510.
This communication may contain non-public, confidential, or legally privileged information intended for
the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information
is strictly prohibited under 18 USCA 2511 and any applicable laws.
08I2V2007 22: 28 9492511659 CSP, INC. PAGE 01103
Community Service Programs, Inc. FAX
1821 East Dyer Road, Ste. 200
Santa Ana, CA 92705
949 250-0488 ext 254
949 251-1659 fax
hbeniamin(c�csDinc.a_rq
I
TO, Mindy James Fax: 714 374-1684
From: Hether Benjamin Date: 07/21/07
Ra: Irvine Amendment Pages: 3 (including cover page)
CC:
0 Urgent OFor Review 13 Please comment ❑Please Reply ❑Please Recycle
.Juvenile Diversion Services Irvine Police Department. Amendment1 for
Year 2 2007- 200$ of year contract.
This communication and any documents, files, or pteviious fdX meSMges attached to it constitute an
electronic communication within the scope of the Electronic Communication Privacy Act, 1$ USCA 251.0.
This communication may contain non-public, confidential, or legally privileged information intended for
the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information
is strictly prohibited under 18 USCA 2511 and any applicable laws.
ATTACHMENT # 2
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Services Program, Inc.
FOR
Gang Prevention and Intervention Program
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
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Services Program, Inc.
FOR
Gang Prevention and Intervention Program
THIS AGREEMENT ("Agreement") is made and entered into this 1st day of
October
20 07, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Community Services Program, Inc.
hereinafter referred to as "CONSULTANT."
a Non-profit California Corp.
WHEREAS, CITY desires to engage the services of a consultant to
provide a gang prevention and intervention program ;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:
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.
agree/forms/profsery 10/ 15101-A I
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 as soon as practicable after the execution of this Agreement by CITY (the
three years from
"Commencement Date"). This Agreement shall expire on commencement date , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than three years
from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. 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.
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, including all costs and expenses, not to exceed
One hundred fifty seven thousand Dollars ($ 157.625
stZ WMdred twenty five doTTars
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 such work only after receiving written authorization from CITY. Additional
agree/forms/profservl0/15101-A 2
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 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
agree/forms/profserv10/15101-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any 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.
agree/Eons/profserv10/15101-A 4
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. shall 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.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profserv10/15/01-A 5
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.
agree/forms/profsery 10/15/01 -A 6
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 Services Program, Inc.
1821 E. Dyer Rd. 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.
agree/forms/profservl 0/15101 -A 7
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
agree/forms/profserv10/15/01-A 8
which is hereby affected shall be 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 terns and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profsery 10/ 15101 -A 9
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 non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, 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 representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profserv10/15/01-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their authorized officers the day, month and year first above written.
CONSULTANT/CONTRACTOR
CITY OF HUNTINGTON BEACH, a municipal
lJ�"„ rvllithe /N rc•L �✓o q r J-^( corporation of the State of California
By:
A0#(5h'—
PpimSlt-,tr*3T:VF3
print name Hackney
ITS: (circle one) Chairma President Vice President
APPROVED AS TO FORM:
By:_ #Mlv� e ity Attorney
ITS: (circle on Secretaryhief Financial Officer/Asst.
Secretary - Treasurer INITIATED AND APPROVED:
REVIEWED AND APPROVED: ��I<« Director hief
City dministrator
EXHIBIT "A"
A.
A
STATEMENT OF WORK: (Narrative of work to be performed)
In an effort to promote a proactive preventative approach in addressing at -risk
youth's concerns, the City of Huntington Beach is proposing a partnership with a
gang prevention program. The focus of the program is the strengthening of the
family unit, which in turn is the foundation of the community. Strong families and
community mobilization are the keys to securing a safe and nurturing
environment in which to live. Parents and families have the least to fear even
from violence prone teens. Thus, given the appropriate tools, concerned parents
can regain control of their family and exert a positive influence against potential
gang involvement and violence. The core of the program should be direct
service to the high -risk youth ages 10-18. Services are built around a recognition
that youth engage in acting out behavior due to a breakdown in the effectiveness
of traditional family/school/community structures where they would normally fulfill
needs for love, self-esteem, personal, meaning stability and socialization.
The program will provide a gang prevention specialist, with a B.A. degree in
Psychology, Sociology or Criminal Justice. The specialist must have a minimum
of 1-2 year's gang -related counseling experienced working with at -risk youths
and their families. The staff member will be bilingual. The number of hours the
specialist will dedicate to the City of Huntington Beach's program will correspond
with the budgeted funds for the program and contractor's cost to provide the
program. The focus of the program is to enable the community to minimize or
avoid the problems related to gang activity by proactively addressing issues
associated with at -risk youths.
CONSULTANT'S DUTIES AND RESPONSIBILITIES
1. Specialist will submit weekly statistics of services as related in this section
to their program director.
2. Program Director will submit a monthly compilation of statistics of related
services to the Police Department.
3. Group psycho -educational counseling covering issues related to decision
making, drug and alcohol abuse, self-esteem, communications skill,
conflict, resolution and performance measures. Ensure that each client
attends (8) group counseling sessions.
Performance Measure: 40 clients per year at minimum.
4. Individual and family counseling for at -risk and gan
g
jmp/contracts group/exA/7/20/07
EXHIBIT "A"
5. Referrals to drug/alcohol treatment programs, medical facilities, long-term
psychological counseling, and job/career readiness programs as needed.
Performance Measure: Serve 10 local youths
6. Conduct community educational presentations per year, once per quarter
for two hours each. Educational presentations can be, but are not limited
to drugs and gang prevention, communications skills, setting limits and
anger management.
Performance Measure: Four per year, serving 20 residents per meeting
7. Plan and implement enrichment activities for at -risk youths, providing
positive activities that teach and model appropriate social skills. Activities
will be identified by working with participants and assessing their areas of
interest. Activities can be conducted on -site or off -site.
Performance Measure: Eight (8) enrichment activities, serving 32
participants
8. Work with youths in the community to identify community projects
including, but not limited to park clean-up, school or community
improvement projects. The community projects will be planned and
implemented by the youths and the service specialist.
Performance Measure: Two (2) community projects per year, with 16
youths involved per project
9. The Director of the gang prevention services will provide community
mobilization services through special services and events aimed at
parenting classes. It will also provide community relations support during
critical incidents.
10. Provide a comprehensive model to address issues of youth vandalism and
graffiti. This model should include both, youth and their parents. Provide
activities based on restorative justice principles to make youth accountable
while addressing competency development and community protection
needs. Activities will include, but not be limited to intake of police referrals,
outreach, educational workshops and community service programs. Serve
a minimum of 40 youth.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay contractor on a quarterly basis after an invoice is received from the
contractor.
2. Review statistical reports submitted by the program director.
jmp/contracts group/exA/7/20/07
EXHIBIT "A"
3. Modify performance measures, as the community needs change.
4. Negotiate rates and provided services with the contractor.
5. Provide overall review of the program.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the annual contract period. It is
understandable that some services will continue beyond the contract period if the
services are on going. These on -going services will not have any costs that will
be assessed beyond the contract period.
jmp/contracts group/exA/7/20/07
EXHIBIT "B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with the following fee schedule:
10/1/07 — 9/30/08
Year 1
10/1/08 — 9/30/09
Year 2 *
10/1/09 — 9/30/10
Year 3 *
$50,000
$52,500
$55,125
* The hourly rates for years two and three shall increase based on the CPI Index or 5%,
whichever is lower.
Total fees shall not exceed One Hundred Fifty Seven Thousand Six Hundred Twenty Five Dollars
($157,625.00). CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of
reaching the maximum limit per year. CONSULTANT shall not continue with any work effort over
the amount of the maximum limit per year unless first authorized in writing by City authorized
representative(s).
3. 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.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) 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
5) 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
jmp/contracts group/exB-1/7/20/07 1
EXHIBIT B
Alternative #1
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.
5. 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.
jmp/contracts group/exB-U7/20/07 2
EXHIBIT B
Alternative #1
ACORD CERTIFICATE OF LIABILITY INSURANCE con�u s �a9 os o
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
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 INSURERA: aivareert sneuraxe cemnamv
Community Service Programs, Inc
1821 R. Dyer Road Ste. 200
Santa Ana. CA 92705
rnvt:aer-r=a:
INSURERS: Everest National
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. 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.
LTR
NSR
TYPE OF BJSURANCE
POLICY NUMBER
DATE D POLICY EFFECTM_
POLICY
MIIEXPIRATION
UPS
GENERAL LIABILITY
EACH OCCURRENCE
$10 0 0 0 0 0
TOWEffrED
PREMISES Eaoccmnce
S 100000
A
X
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUR
RIC0007559
10/01/06
10/01/07
MED EXP (Any one person)
S 5000
PERSONAL 9. ADV INJURY
$1000000
X Sexual Abuse
RI00007559
10/01/06
10/01/07
X
PROFESSIONAL
GENERAL AGGREGATE
$ 3000000
CONTRACTUAL LIABIL
10/01/06
10/01/07
GE14L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPIOPAGO
$1000000
Ben.
1000000
POLICY JEC�T LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
RIC0007559
10/01/06
10/01/07
COMBINED SINGLE LIMIT
(Esaccldent)
S 1000000
X
BODILY INJURY
(Per person)
S
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Pereccident)S
HIRED AUTOS
NON-0WNEDAUTOS
�=S
URM/,3t
f 51 O
X
PROPERTY DAMAGE
(Peracddent)
S
GARAGE LIABILITY
JhNNIVAK MC,UKAM,
UffPIUOMey
AUTO ONLY - EA ACCIDENT
S
OTHER THAN FAAOC
AUTO ONLY: AGG
$
ANY AUTO
$
EXCESSN6ARELLALABILITY
EACH OCCURRENCE
b 1000000
A
X OCCUR F1 CLAIMSMADE
REL0007560
10/01/06
10/01/07
AGGREGATE
s 1000000
S
9
DEDUCTIBLE -
$
RETENTION S
WORKERS COMPENSATION AND
X TORY LIMITS Eat
B
EMPLOYERFUTABILITY
ANY PROPRIETORIPARTNEWEXECUTIVE
OFFICERIMEMBEREXCLUDED?
6600DD0007071
07/01/07
07/01/08
E.L. EACH ACCIDENT
5100000D
E,L.DISEASE - EA EMPLOYE
$1000000
Kyes, describe under
SPECIAL PROVISIONS below
I
E-L. DISEASE - POLICY UMIT
$10 0 0 0 0 0
OTHER
A
Employee Dishonest
RIC0007559
10/01/06
10/01/07
Limit 450,000
A
Pro ert
RIC0007559
1 10/01/06
10/01/07
Contents 249,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
RE: Gang Prevention Program- The City of Huntington Beach, its agents,
officers, and employees are named additional insured with respect to the
operations of the named insured. Workers Compensation coverage excluded,
evidence only. see attached endorsement. *10 days notice of cancellation
for no payment of premium.
CERTIFICATE HOLDER CANCELLATION
City of Huntington Beach
City Attorney's Office
Jennifer McGrath
2000 Main St.
Huntington Beach CA 92649
Ar,nan of ronni ml
Lr=rj om SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE WSUWG 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.
0 ACOR13 CORPORATION 1
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.
ACORD 25
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 intra or cores liability clauses are
included.
POLICY NUMBER: RIGOOD7559
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL. INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons Or Organization(s)
CITY OF HUNTINGTON BEACH, IT'S AGENTS, OFFICERS & EMPLOYEES
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
2000 TWAIN STREET
HUNTINGTON-BEACH, CA 92648
RE: GANG PREVENTION PROGRAM
information required to complete this Schedule, if notshown above, will be shown In the Declarations.
Section it — Who Is An Insured is amended to
Include as an additlonal Insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or °personal and advertising injury" caused,
In whole or In part, by your acts or omissions or the
acts or omissions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CO 20 26 OT 04 0 ISO Propertles, Inc., 2004 Page 1 of 1 C7
1. Date
2. Department:
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
7/25/2007
Police
3. Requested by: Mindy James
4. Name of consultant: Community Services Program, Inc. - Gang Prevention Program
5. Attach the written statement of the specification, conditions and other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
See attachment
6. Amount of the contract: $157,625
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? ® Yes ❑ No
f 9. Company number and object code where funds are budgeted: 10070106.69300 AzY 0710 f 94'-D6 f-
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).
See attachment
/ 15. Attach proposed scope of work.
See Attachment
1 16. Attach proposed payment schedule.
See Attachment
K"k
Department Head Signature
ICHAR�D MADRIL, n er
PurchLsing/Central Services
1. If the answer to this question is "No," the contract will require approval from the City Council.
Gang Prevention and Intervention Contract
Vendor Listing
1) Community Services Program, Inc. (CSP) at 7291 Talbert Avenue, HB, CA
92648 and their phone number is (714) 842-6600
2) Orange County Bar Foundation at 313 North 3rd Street, Santa Ana, CA 92701 and
their phone number is (714) 480-1925
3) Request For Proposal (RFP) was posted on the City website.
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Police Department
SUBJECT:
Approve Contracts with Community Services Program,
Inc. for the Management of Juvenile Diversion Program
and for the Gang Prevention and Intervention Program
COUNCIL MEETING DATE:
I September 17, 2007
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
t Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION :FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDgD
Administrative Staff
Deputy City Administrator (Initial)
City Administrator (Initial)
( )
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
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
September 21, 2007
Community Service Programs
Attn: Margot Carlson
1821 E. Dyer Road, Suite 200
Santa Ana, CA 92705
Dear Ms. Carlson:
Enclosed for your records is a copy of the Professional Services Contract between the
City of Huntington Beach and Community Service Program, Inc. for the Gang
Prevention and Intervention Program.
Sincerely,
e�
Joan L. Flynn
City Clerk
JF:pe
Enclosure
G: followup:agrmtltr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone: 714-536-5227 )
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
September 21, 2007
Community Service Programs
Attn: Margot Carlson
1821 E. Dyer Road, Suite 200
Santa Ana, CA 92705
Dear Ms. Carlson:
Enclosed for your records is a copy of the Professional Services Contract between the
City of Huntington Beach and Community Service Program, Inc.. for Management of
Juvenile Diversion Program.
Sincerely,
Joan L. Flynn
City Clerk
JF:pe
Enclosure
G:f611owup:agrmt1tr
Sister Cities: Anjo, japan • Waitakere, New Zealand
(Telephone: 714-536-5227 )