HomeMy WebLinkAboutCommunity Service Program, Inc. - 2011-03-21Council/Agency Meeting Held:_ 4f 1,1611
Deferred/Continued to:
Appr ed ❑Conditionally Approved ❑Denied
' y Ojoks Sig tune
Council Meeting Date: March 21, 2011
Department ID Number: PD 11-004
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve Office of Criminal Justice Planning Grant Violence Against
Women Program for 2011 and Approve Contract for Community
Service Program, Inc.
Statement of Issue: The Police Department applied for a grant through the State of
California Office of Criminal Justice Planning for funding for our Violence Against Women
Domestic Violence program. In March, the Police Department was notified of its award of
$240,280. City Council approval is necessary to fully execute the agreement between the
State and the City. The grant is funded from January 1, 2011, to December 31, 2011.
Financial Impact: A 25% City match of $60,070 is required and has been included in the
Police Department's budget, under the General Fund, account number 10070203. The
balance of $180,210 will be offset by new revenue. A new grant fund will be established
upon approval by the City Council. No additional appropriation of funds is necessary.
Recommended Action: Motion to:
A) Accept the grant between the State of California, Office of Criminal Justice Planning and
the City of Huntington Beach; and,
B) Approve the appropriation of $240,280, of which $180,210 is to be fully reimbursed by the
grant from the Office of Criminal Justice Planning. The remaining $60,070 will be funded
from appropriations in the Police Department's budget; and,
C) Authorize the expenditure of funds of $240,280 plus interest to pay for the professional
services contract between the City of Huntington Beach and. Community Service Program; .
Inc. for Victim/Witness Advocate, and some operating costs related"to theDomestic Violence
Program for the first year of the contract; and,
D) Approve and authorize the Mayor and City Clerk to execute the "Professional Services
Contract Between the City of Huntington Beach and Community Service Program, Inc. for
Victim/Witness Advocate."
Alternative Action(s):
Do not approve the grant and reject the grant funding from the Office of Criminal Justice
Planning and direct staff accordingly.
HB -29- Item 3. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: PD 11-004
Analysis: The Police Department applied to the Office of Criminal Justice Planning
(OCJP) for a grant to pay for a Domestic Violence Program. The grant funding is for
$240,280 with a $60,070 match. The majority of the grant will pay for the services of a
Victim's Assistance Counselor. The Victim's Assistance Counselor is contracted through the
Community Service Program, Inc. A new professional services contract agreement is
attached to this RCA.
This program has been in effect since 1998. Since the inception of the Domestic Violence
Program, the Counselor has been continuously funded through a series of grants. The goal
of the program is to help heal the family and stop the cycle of violence. Without this grant,
the Police Department would not be able to offer the services of the Victim's Assistance
Counselor to victims of domestic violence. The counselor coordinates the program with a
Police Department investigator to form a cohesive team to assist the victim.
The acceptance of this grant will pay for counseling services through December 2011. The
cash match of $60,070 is located within the existing Police Department budget. The new
professional services contract is for a three year term. The Police Department will include
funding for this contract in the department's budget in subsequent fiscal year budgets. If Cal-
EMA approves the future years funding, the contract will continue. Should the Domestic
Violence Program not receive funding in the next two fiscal years, the contract will be
terminated.
Environmental Status: NA
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
Professional Services Contract Between The City of Huntington Beach and Community
Service Program, Inc. for Victim/Witness Advocate
2. 1 Confirmation of Grant Award
Item 3. - 2 H - 0-
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
community Service Program, Inc.
FOR
Victim/Witness Advocate
Table of Contents
Scopeof Services.....................................................................................................I
CitvStaff Assistance................................................................................................2
Tenn; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents
...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees...........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................
I I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Community Service Program, Inc.
FOR
Victim/Witness Adovate
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and Community Service Program, Iny— non-profit Calif. Corp.
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide a full-time advocate ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perforin 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.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
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to commence on /- Al , 20 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A"
shall be completed no later than three years from the Commencement Date.
The time for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to
in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions -as provided herein.
4. COMPENSATION
In consideration of the perfon-nance 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 Two hundred forty six-1housandDollars
three hundred eighty three
($ 246,383
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake
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such work only after receiving written authorization from CITY. Additional compensation
for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to
CITY upon expiration or termination of this Agreement or upon PROJECT completion,
whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers
from and against any and all claims, damages, losses, expenses, judgments, demands and
defense costs (including, without limitation, costs and fees of litigation of every nature or
liability of any kind or nature) arising out of or in connection with CONSULTANT's (or
CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
CONSULTANT, its officers, agents or employees except such loss or damage which was
caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct
all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY;
however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is
permitted. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of
the scope of work (including subsequent policies purchased as renewals
or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection
with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith tenninate this Agreement. Such termination shall not effect
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice; however, ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
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CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services to be perfonned hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may tenninate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property
and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not
be assigned, delegated or subcontracted by CONSULTANT to any other person or entity
without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the
insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below. CITY and CONSULTANT may designate different addresses to
which subsequent notices, certificates or other communications will be sent by notifying the
other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return
receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Mindy James
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Margot Carlson
Community Service Program, Inc.
E. Dyer Road, Suite 200
Santa Ima, CA 92705
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONSULTANT.
24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the nonprevailing party.
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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. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in fact, held by the signatoryoris withdrawn.
CONSULTANT's initials
28. 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 supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
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29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
Community Service Program, Inc.
print naive
ITS: (circle one) Chairma President ice President
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California ..... ;t r-%
AND INITIATED AND APPROVED:
By:
t�6
_rVgZ11A-P
Z' %gyp %ice. Directo /Chief
print name
ITS: (circle one) Secretai /Chief Financial Officer, sSt. /�
Secretary - Treasurer REVIED/A�ND APPROVED:
Administrator
APPROVED AS TO FORM:
a
.City Attorney
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EXHIBIT "All
A. STATEMENT OF WORK: (Narrative of work to be performed)
The purpose of this contract is to continue the efforts of law enforcement
agencies to enhance or create specialized units to focus special effort on the
handling of violent crimes against adult women, including sexual assault,
domestic violence, and stalking. The specialized unit will accomplish this
purpose through thorough investigation, immediate victim advocacy, and training
for law enforcement officers. Thorough investigation leads to successful
prosecution of cases, immediate victim advocacy provides victims with the
support and resources to help disrupt the cycle of violence, and training assists
departments in providing a consistent, effective, and compassionate response to
female victims of violent crime. Projects receiving continuation funding will be
required to collect and report demographic information on victims served. The
project contracts with a local victim service agency (rape crisis or domestic
violence agency) for one full-time advocate (or full-time equivalent). The
advocate must meet the requirements of a domestic violence or sexual assault
counselors as defined by the Evidence Code (Section 1035-1036.2 for sexual
assault counselors and Section 1037-1037.7 for domestic violence counselors).
The Huntington Beach Advocate must have 14 years experience in assisting
victims of domestic violence, sexual assault, and stalking crimes. The
agreement shall cover a three-year period beginning October 1, 2007 through
September 30, 2010, unless terminated earlier for cause or availability funding.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
Proiect Scope:
This project will provide comprehensive services for victims/witnesses of crime.
The goals include providing services that will alleviate the trauma and
devastating impact of crime on the lives of victims and their family members.
Additionally, it is necessary to provide information to victims/witnesses of crime
regarding the processes of the criminal justice system in order to encourage
cooperation in the investigation and prosecution of the case.
1. Victim/Witness Services. The provision of mandatory and optional services
for all victims/witnesses of crime is outlined in the California Penal Code
1Z835.5. The contracted provider shall provide both mandatory and optional
services.
a. Mandatory Services as outlined in the Penal Code shall include but is
not limited to:
i. Crisis intervention — provide timely and comprehensive
responsive to the individual needs of crime victims.
ii. Emergency assistance — directly or indirectly providing food,
housing, clothing and cash, if necessary.
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EXHIBIT "A"
iii. Resource and referral counseling — direct victims to agencies
within the community.
iv. Follow-up counseling — provide counseling to victims with
problems resulting from crime.
v. Filing of compensation claims — assist victims in filing claims for
compensation through the Victim Compensation and
Government Claims Boards.
vi. Property returns assistance — upon request of the victim, assist
in obtaining the return of a victim's property held as evidence by
law enforcement agencies.
vii. Orientation — provide orientation to the criminal justice system.
viii. Court accompaniment — provide accompaniment and support
the victim in the courtroom.
ix. Presentations (criminal justice agencies) — provide
presentations to and training of criminal justice system
agencies.
x. Presentations (public) — provide presentations to public
agencies and community groups.
xi. Case status - monitor appropriate court cases to keep victims
and witnesses apprised of the progress and disposition of their
case.
xii. Notification — upon request of the victim, provide notification to
friends, relatives and employers of the occurrence of the crime.
xiii. Employer notification — upon request of the victim or witness,
inform the employer that the employee was a victim or witness
to a crime.
xiv. Restitution assistance — upon request of the victim, assist in the
process of obtaining restitution for the victim.
b. Optional Services — as outlined in the Penal Code shall include but is
not limited to.
i. Employer intervention — assist the victim in resolving
employment issues that arise as the result of the crime.
ii. Creditor intervention — assist the victim in resolving creditor
issues that arise as the result of the crime.
iii. Crime prevention — provide information regarding crime
prevention to individuals or community groups.
iv. Temporary restraining orders — provide assistance in obtaining
temporary restraining orders for victims.
v. Transportation — arrange for transportation to court for victims
required to testify.
vi. Waiting area — arrange for the provision of a victim/witness
waiting room.
vii. Victim Impact Statements — provide victims assistance in the
preparation of victim impact statements for probation reports,
sentencing and parole hearings.
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EXHIBIT "All
2. Staffing Requirements. All staff must have met minimum education and
experience requirements for the position, be carefully screened for suitability.
Offers of employment will be contingent upon successfully passing fingerprint
and background checks. Supervision of staff will be the sole responsibility of
the contracted agency. The following outlines general training requirements
for the positions.
Victim Advocate. Staff assigned to provide victim/witness services by the
contracted agency must complete the Entry Level and Advanced Advocate
certification training requirements as established by the California Victim and
Witness Coordinating Council and the California Office of Emergency Services.
The contracted agency must provide specific training in domestic violence,
sexual assault, and stalking for advocates specializing in those areas of concern.
Additionally, each advocate must be given no less than 16 hours of in service
training each year. Finally, advocate is required to submit a semi-annual
progress report directly to the grant agency as part of the grant reporting
requirement.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Pay contractor after an invoice is received from the contractor.
2. Negotiate rates with the contractor, as necessary.
3. Provide overall review of the services.
D. WORK PROGRAM/PROJECT SCHEDULE:
These services will be conducted within the contract period. It is understandable
that some services will continue beyond the contract period if the services are
ongoing. These ongoing services will not have any costs that will be assessed
beyond the contract period.
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EXHIBIT "B"
Payment Schedule (Per Unit & Hour)
A. Per Unit & Hourly Rates
1. CONSULTANT'S fees for such services shall be based upon administration of work
outlined in the statement of work with the following payment schedule:
Description of Services'Provided,
Rate - Year 1
Rate - Year 2
Rate - Year 3
Victim/Witness Services
$79,435
$82,091
$84,857
B. Travel
1. Charges for time during travel are nonnally 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. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY
C. Billing
1. CONSULTANT shall submit an invoice, as services are provided per unit or hour as
outlined above.
2. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such
invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due; and
D) Indicate the specific services and the hours expended, if relevant
E) Indicate the date of services
3. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is fulfilling
the scope oC work as described in Exhibit "A," CITY shall approve the invoice, in which
event payinent shall be inade 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,
avrcc'IbnnsicxB-pci unit fcc/1022-10 EXHIBIT B
Per Unit Payment
EXHIBIT "B"
Payment Schedule (Per Unit & Hour)
CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended
until the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided herein.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for
secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For
example, time spent for faxing, mailing, arranging for messengers and calendaring are
not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing
or needs additional information on bills, that is not a chargeable event; CONSULTANT
should respond without charging CITY for the time required.
10. 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 work completed and the rate for
such work. CITY shall approve such invoices if the work performed is in accordance with
the extra work or additional services requested, and if CITY is satisfied that the work 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.
<ioccdfoims;c\13-jm unil rc,: 10,22/ r, EXHIBIT B 2
Per Unit Payment
��.TIN�iI CITY •s is 1,, Professional Service Approval For
i
PART I
,y @
Date: 10/21/2010 Project Manager Name: Jana Harden
Requested by Name if different from Project Manager: Mindy James
Department: Police
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY
ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR
CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
The purpose of this contract is to continue the efforts of law enforcement agencies to enhance
or create specialized units to focus special effort on the handling of violent crimes against adult
women, including sexual assault, domestic violence, and stalking. The specialized unit will
accomplish this purpose through thorough investigation, immediate victim advocacy, and
training for law enforcement officers. Thorough investigation leads to successful prosecution of
cases, immediate victim advocacy provides victims with the support and resources to help
disrupt the cycle of violence, and training assists departments in providing a consistent,
effective, and compassionate response to female victims of violent crime.
2) Estimated cost of the services being sought: $ 246,383
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
4) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this question is "No," the contract will require approval from the
City Council.) ❑ Yes® No
5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted:
New. Amount $
Grant. Amount $
Account. Amount $
Amount $
Amount $
6) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
0
Department HeV Signature Date
irectOr of Finance's Initials
City Administrator's Initials
APPROVED,? Zlx�IED ❑
dministrator's Signature
/ -- y -- s v
Date
ate
%-A-la
Date
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
PART 11
Date.- 10/21/2010 Project Manager: Jana Harden
Requested by Name if different from Project Manager- Mindy James
Department: Police
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& Il MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Community Service Program, Inc.
2) Contract Number: POL' OLO 058 00
(Contract numbers are obtained through Finance Administration)
3) Amount of the contract: $ 246,383
4) Is this contract less than $50,000? ❑ Yes M No
5) - Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) 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 the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ® No
8) Attach a list of consultants from whom pro po� Is were requested (including a contact
telephone number.) MC .03 . o b
y, 9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
/birector of Finance (or esignee) Signature Date
OP ID: PC
CERTIFICATE OF LIABILITY INSURANCE
❑ATE (MMIDDlYYYY)
110/07/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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).
PRODUCER 626-405-8031
NOIAEACT
PHONE (FAII
'Arc No Eth � talc N°( -
Chapman 626-405-0585
License 40522024
E-MAIL
P. O. EOX 5455
PRODUCER COMMU-6
CUSTOMER ID 4:
Pasadena, CA 91117-0455
Tim nAPriPzt
INSURER(SI AFFORDING COVERAGE NAIC p
INSURED Community Service Prograins,Inc
A: Riverport Insurance Company
136684
1821 E. Dyer Road Ste. 200
_INSURER
INSURER a: Everest National
10120
Santa Ana, CA 92705
INSURER C
INSURER D .
INSURER E:
3NSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERU OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V+IHICH 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- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
I Tl'�E OF INSURANCE
�ADDL
SUBR
POLICY EFF
POI ICY NUMBER (M M/OD/YYl'Y
POLICY EXP
MMIf7DTYYYI"
LIMITS
GENERAL LIABILITY
_
EACHOCCURRENCE
4 1,000,D00
A
X co ln:E�cIALeErJEPALUABr'iTY
X
RIC0011342 10101710
10101f11
D,�,MAGE T() RENTED
PREMISES iFae U,en�-T-
$ - - 100,000
--
MED E<P (AA me ei and
_ y - p—s -_—
r is
CLAIMS '„1A6E �� O.,CL�.
li
$ 5.000
1,D00,000
X Sexual Abuse
RIC0011342 10/01110
10/01111
PERSONAL,&ADVtIJJURY
CONTRACTUAL LIABILITY 10/01110
10/01/11
$ 3,000,000
X PROFESSIONAL
' GENERALAGGREGATE
—;GCtJGI
. $ _ _ 1,000,d0d
GEd'L AGGRLGATE Lll it l AFP:.I S i; F _ --_
S - ;uN?PJp AG,"'-
POLICY PE ° L2 LoC
Emp Ben.
1,000,000
AUTOMOBILE LIABILITY
A X I ANY' AU7i�
X
RICO011342
10101/10
10/01111
COMBINED SINGLE LIMIT
Ea as Ident)
S 1,000,000
- -
BODILY f1JJURYtPzr persunl_
ALLOWNED AUTOS
SCHEDU' ED AUTOS
HIREDAUTOS
1XX
MP = $500 COLL = $500
i]' 'Ip�y-� T® 77AR
i� Y D 1 RM
80o[f Y INJURY (Per amdent)
PROPERTYIDA�MAGE$
(Perac_Ident+,
$
NON-OWNEDAUTOS
IF McGTRATH, Ci
orney
-
- -- _ - -
--
UMBRELLA LIAR X
OCCUR
I
EACH OCCURRENCE
$ 1,000,000
S 1,000,000
A
EXCESS LIAR
CI. -]MS -MADE
REL0011343
10101I10
10t01111
,4GGREGATC
DEDUCTIBLE
$
RETENTION $
$
1=i
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
HNl" FROPRIETOP.iPAP,TIJERiE-ECUTIVE YIN
_
07/04110
07/01111
X VJC STATU- qTH-
TORY Llly?ITS ER
$
E L EACH ACCIDENT
,LAORW6600000007101
FFICI MEMBEP EXCLUDED^
(Mandatory in NH)
E_,L, DISEASE EMPLOYEE
----1,000,000
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS bel-d
_-EA
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Employee Dishonest
10/01110
10/01/11
& Forgery 650.00a
A
Property
�R�C0011342
RC0011342
"1010111G
10/01/11
Contents 249,000
DESCRIPTION OF OPERATIONS I LOCA I IONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more spate is required)
Re: City Council Resolution #2007-03. The City of Huntington Beach, its
Officers, elected or appointed officials, employees, agents and volunteers
are named additional insured with respect to the GenerallAutotnobile
Liability policy of the named insured - endorsements to follow. Workers
Com ensation coverage excluded evidence onI . 10 days notice of {Contd..l
CERTIFICATE HOLDER CANCELLATION
HUNTINP
City of Huntington Beach
Community Services Department
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
'THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORI2EU REPRESENTA I VE
I,
C�,, 1983-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: RIC0010505
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons Or Or anization s
THE CITY OF HUNTINGTON BEACH
ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,
EMPLOYEES, AGENTS AND VOLUNTEERS
COMMUNITY SERVICE DEPARTMENT
2000 MAIN STREET
HUNTINGTON BEACH, CA 92649
RE: CITY COUNCIL RESOLUTION #2007-03
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganizations) shown in the Schedule, but only with
respect to liability for "bodily injury', "property dam-
age" 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.
City ®f Huntington Beat
2000 Main Street • Huntington Beach, CPS 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERIC
March 22, 2011
Margot Carlson
Community Service Program Inc.
1821 E. Dyer Road, Ste. 200
Santa Ana, CA 92705
Dear Ms. Carlson:
Enclosed for your records is a copy the Professional Services Contract between the City of
Huntington Beach and Community Service Program, Inc. for the Victim/Witness Advocate
Program.
JF:pe
Enclosure
G: fo11owup: agnntltr
Sister Cities: Anjo, Japan ® Waitakere, New Zealand
(Telephone: 79 4-536-5227)