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HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAMS, CSP - 2005-01-06H CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE 2007 OCT 31 AV, 10 46 �� jj 4 'S �iLdj III' i4 i i d J V `1 To JOAN FLYNN, City Clerk Name of Contractor Community Services Programs, Inc Amendment #3 Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Victim -Witness Advocate Services Amount of Contract $100,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed El Dept ❑ to Risk Management Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ W/% Date % /�C� M-7 Name/ ension City Attorneys Office G AttyMisc/Contract Forms/City Clerk Transmittal M AMENDMENT NO 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMMUNITY SERVICE PROGRAMS, INC FOR VICTIM -WITNESS ADVOCATE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as 'CITY", and COMMUNITY SERVICE PROGRAMS, INC, a non profit California corporation, hereinafter referred to as "CONSULTANT " WHEREAS CITY and CONSULTANT are parties to that certain agreement entitled "Professional Services Contract Between the City of Huntington Beach and Community Services Program, Inc for Victim -Witness Advocate which agreement shall hereinafter be referred to as the Original Agreement, and On December 28 2005 and March 8, 2007 the Original Agreement was amended to extend the term and increase the compensation thereof, and CITY and CONSULTANT wish to again amend the Original Agreement to provide additional compensation to CONSULTANT NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows 1 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 the Original Agreement, an additional sum not to exceed Fifteen Thousand Dollars ($15,000 00) This additional sum shall be added to the original amount as previously amended to $85 000 00, for a new total contract amount of One Hundred Thousand Dollars ($100 000 00) 1 07 1157/12642 2 EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of up to and including December 31 2007 3 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement, as previously amended shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officer ons,�t .12007 COMMUNITY SERVICE PROGRAMS, INC a California non-profit Corporation CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By Ic In r 13 print name Police Chief ITS (circle one) Chairrnan/Pres' iae-ff/AAAce President DZED By La4 A,' 7 57 11rr r N print name _ 1�T SL I C '2 ate) Q.'C"8*ar,CCr of �1� Pffic,e4Asst Secretary ea'stir 2 07 1157/12642 APPROVED AS TO FORM 7,e City Attorney�X/ REVIEWED AND APPROVED � s. s QYty Administrator '.. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID P DATE(MM/DD/YyYY) COMMU-6 1 10/04/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Chapman & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0522024 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR P 0 Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91117-0455 Phone 626-405-8031 Fax 626-405-0585 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Riverport Insurance Company _ T INSURER B Everest National Community Service Programs,Inc INSURER 1821 E Dyer Road Ste 200 INSURER D Santa Ana CA 92705- INSURER E OVERAGES 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 INSR-ADD L — — —1 POLICY EFFECTIVE�POLIOYEXPIRATi-ON— LIMITS LTR IINSRD TYPE OF INSURANCE I POLICY NUMBER DATE MM/DD/YY DATE MMIDD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A I X I COMMERCIAL GENERAL LIABILITY RIC0008559 j 10/01/07 DA-MAGE?O-RENTED-- — — ( 10/01/08 PREMISES (Eaoccurence) $ 100000 L � CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5000 ' X IS_exua_l Abuse RIC0008559 I 10/01/07 I 10/01/08 I PERSONAL& ADV INJURY I $ 1000000 X1PROFESSIONAL CONTRACTUAL LIABIL�TY10/O1/07 10/01/08 GENERAL AGGREGATE r$ 3000000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG i $ 1000000 r POLICY F I JEo LOC Emp Ben 1000000 LIABILITY I I COMBINED SINGLE LIMIT is 1000000 A �AUTOMOBILE X ANY AUTO RIC0008559 10/O1/07 10/01/08 (Ea accident) ALL OWNED AUTOS -�;BODILY INJURY $ i P V D � Q %' R� (Per person) i SCHEDULED AUTOS 1; I r X HIRED AUTOS BODILY INJURY $ A `H, C`ity X NON OWNED AUTOS IENNI�h MCC L ivi E? `J ®j'11e (Per accident) /q 71, _ _ PROPERTY DAMAGE $ /iJ ,(Peraccldett) GARAGE LIABILITY I I I AUTO ONLY EA ACCIDENT i $ IANY AUTO IOTHERTHAN EAACC $_ AUTO ONLY AGG $ I EXCESS/UMBRELLA LIABILITY jX REL0008560 10/01/07 10/O1/08 EACH OCCURRENCE _ AGGREGATE $ 1000000 $ 1000000 A J OCCUR CLAIMS MADE �$ DEDUCTIBLE $ _ I RETENTION $ $ WORKERS COMPENSATION AND TORYL4MIT S I ER I EMPLOYERS LIABILITY I $ I 6600000007071 07 /01 /07 07 /01 /08 E L EACH ACCIDENT $1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE i OFFICER/MEMBER EXCLUDED9 L DISEASE EA EMPLOYEE $ 1000000 Nes describe under ECIALPROVISIONS below rE E L DISEASE POLICY LIMIT I $ lOOOOOO OTHER I A Employee Dishonest RIC0008559 10/01/071 10/01/081 Limit 450,000 A Property RIC0008559 I 10/01/07i 10/01/08 Contents 249,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re Victim Assistance Program City of Huntington Beach, it s Agents, Officers & Employees are named additional insured with respect to the operations of the named insured Workers compensation coverage excluded, evidence only 10 day notice of cancellation for non payment of premium rFRTIFIrATE HOLDER CANCELLATION City of Huntington Beach Police Department 2000 Main Street Huntington Beach CA 92648 HUNTIN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES 25 988 r Professional Service Contracts Purchasing Certification Amendment # 3 Date 10/9/07 1 Department Police 2 Requested By Mindy James 3 Name of Consultant Community Services Programs, Inc for Victim Witness Advocate Services 4 Amount of Original/Prior Contract $85 000 5 Additional Compensation Requested $100 000 6 Reason for Contract Amendment To extend contract period from 9/30107 to 12/31/07 and increase dollar amount for additional period extended per the grant 7 Are sufficient funds available to fund this contract? Yes ❑ No ❑ 8 Company number and object code where funds are budgeted 90770101 69300 Department Head Signature Central Services Division ��ATIMGT� cl��ttN9 GA��o Police Expenditure Report Fiscal Year 2007/2008 with level 5 detail 2007/2008 Procurement Balances (1) Fiscal year completed 2 5% Through October 9 2007 4 33 PM A B C D E=D/B F=B C D 2006/2007 2007/2008 Actual Revised (2) Percent Object Description Bud et Encumbered Expended Expended Available OR OP OD OJ OC OW 190770101 Domestic Violence 07/08 51100 Salaries Permanent 11 864 11 864 50000 PERSONAL SERVICES 11 864 0 0 % 11 864 69300 Professional Services 35 592 35 592 35 592 60000 OPERATING EXPENSES 35 592 35 592 0 0 % 35 592 90770101 Domestic Violence 07/08 47 456 35 592 0 0 % 11 864 35 592 Procurement document types OR Requisition OP Purchase Order OD Demand OJ Cash Contract OC Open Purchase Order OW Professional Services Contract (1) Procurement balances are available for the current fiscal year only through report run date and time Paqe 1 of 1 (2) This report does not contain transactions that may not have yet posted to JDE such as credit card expenditures etc 10/9/2007 4 33 03PM t CONTRACTS SUBMITTA Y 1' V E CITY CLERK'S OFFJ&gAR 13 PM 3:3I CITY O ., IiUNTINGTON BEACH To: JOAN FLYNN, City Clerk Name of Contractor: Community Service Programs, Inc. Amendment #2 Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Victim -Witness Advocate Services Amount of Contract: $85.000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. to Risk Management ❑ ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: �/ /07 Name/ExtensioA City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal L/ Gz.- AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMMUNITY SERVICE PROGRAMS, INC. FOR VICTIM -WITNESS ADVOCATE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY', and COMMUNITY SERVICE PROGRAMS, INC., a non-profit California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement entitled "Professional Services Contract Between the City of Huntington Beach and Community Services Program, Inc. for Victim -Witness Advocate" which agreement shall hereinafter be referred to as the "Original Agreement;" and On December 28, 2005 the Original Agreement was amended to extend the term and increase the compensation thereof, and CITY and CONSULTANT wish to again amend the Original Agreement, as amended, to provide additional compensation to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. 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 the Original Agreement, an additional sum not to exceed Twenty One Thousand Three Hundred Eighty Four Dollars ($21,384.00). This additional sum shall be added to the original amount, as previously amended to $63,652, for a new total contract amount of Eighty Five Thousand Dollars ($85,000.00). 07-845/7513 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officer on COMMUNITY SERVICE PROGRAMS, INC., a California non-profit Corporation I1 .®i mcmaz ^ c.*'►ffAsowr print name E/f/do I ITS: (circle one) Chairman/PresidentNice President t52c&A:-iVQ. Direc-l-vr 200, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California AND AP VED AS TO FORM: <� Z_ / print name City Attorney., I circle one) Secretary hief Financial L'Z I E 7 lCC7j Office Asst. Secretary - Treasurer I REVIEWED AND APPROVED: ity Administrator 07-845/7513 2 OP ID S DATE (MM/DDIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE COMMU-6 10/18 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Chapman & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91117-0455 Phone: 626-405-8031 Fax: 626-405-0585 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Riverport Insurance Company INSURER B: Everest National INSURER C: Community Service Programs , Inc 1821 E. Dyer Road Ste. 200 Santa Ana CA 92705 INSURER D: INSURER E: COVERAGES 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. INM LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMIDDIYY RATION DATEPOLI(MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY RIC0007559 10/01/06 10/01/07 PREMISES(Eaoceurence) $ 100000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5000 X Sexual Abuse RIC0007559 10/01/06 10/01/07 PERSONAL & ADV INJURY $ 1000000 CONTRACTUAL LIABILI Y10/01/06 10/01/07 X PROFESSIONAL GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1000000 1-1 POLICY PROJECT LOC Emp Ben. 1000000 A AUTOMOBILE X LIABILITY ANY AUTO RIC0007559 10/01/06 10/01/07 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS AS O O RM X gtOVED PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY 9 Illeiy AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A X OCCUR CLAIMSMADE REL0007560 10/01/06 10/01/07 AGGREGATE $ 1000000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 6600000007061 07/01/06 07/01/07 E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $ 1000000 If yes, describe under SPECIAL PROVISIONS below E. L. DISEASE -POLICY LIMIT $ 1000000 OTHER A Employee Dishonest RIC0007559 10/01/06 10/01/07 Limit 450,000 A Property RIC0007559 10/01/06 10/01/07 Contents 249,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Victim Assistance Program. City of Huntington Beach, it's Agents, Officers & Employees are named additional insured with respect to the operations of the named insured. 10 day notice of cancellation for non payment of premium. CERTIFICATE HOLDER CANCELLATION HUNTIN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES73E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Police Department 2000 Main Street REPRESENTATIVES. Huntington Beach CA 92648 AUTMI 5W REPRE ATI ' A 25 (2001/08) CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 2 Date: 3/6/07 1. Department: Police 2. Requested By: Mindy James ` E L) MAR 0 7 2007 City of Huntington $each City Attorneys Office 3. Name of Consultant: Community Service Programs, Inc. for Victim -Witness Advocate Services 4. Amount of Original/Prior Contract: $63,652.00 5. Additional Compensation Requested: $21,348 6. Reason for Contract Amendment: Increase in rate 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Company number and object code where funds are budgeted: 90170101.69300 Department Head Signature Central Services Division R55BUDGET City of Huntington Beach 3/6/200710:26:29 Available Budget Page - 1 As of March 31, 2007 Description 90170101 Domestic Violence 06/07 00901 Domestic Violence 06/07 50000 EXPENDITURES 51000 PERSONAL SERVICES 51100 Salaries, Permanent 51000 PERSONAL SERVICES 60000 OPERATING EXPENSES 61000 Utilities 68500 Conferences and Training 69300 Professional Services 60000 OPERATING EXPENSES 80000 CAPITAL EXPENDITURES 80000 CAPITAL EXPENDITURES 88000 NON -OPERATING EXPENSES 88000 NON -OPERATING EXPENSES 50000 EXPENDITURES 00901 Domestic Violence 06/07 90170101 Domestic Violence 06/07 BA-YTD AA-YTD Funds PA-YTD Available 23,728.00 23,728.00 23,728.00 23,728.00 240.00 240.00 5,000.00 2,819.27 2,180.73 65,944.00 48,885.00 63,652.00 46,593.00- 71,184.00 51, 704.27 63, 652.00 44,172.27- 94,912.00 51,704.27 63,652.00 20,444.27- 94,912.00 51,704.27 63,652.00 20,444.27- 94,912.00 51,704.27 63,652.00 20,444.27- 4'�. P_ ce,� 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMMUNITY SERVICES PROGRAM, INC. FOR VICTIM -WITNESS ADVOCATE SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and COMMUNITY SERVICE PROGRAM, INC., a non-profit California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement entitled "Professional Services Contract Between the City of Huntington Beach and Community Services Program, Inc. for Victim -Witness Advocate" which agreement shall hereinafter be referred to as the "Original Agreement;" and Since its execution, CITY and CONSULTANT wish to amend the Original Agreement as set forth below, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period up to and including September 30, 2007. 2. Paragraph 4 is hereby amended to read as follows: 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 Sixty Three Thousand Six Hundred Fifty -Two Dollars ($63,652.00). REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. REST OF PAGE NOT USED 05agree/amend CSP-victim IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officer on 2,A6 200 COMMUNITY SERVICES PROGRAM, INC., a California non-profit Corporation By� ,ow-I4C o CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California print name Police Chief ITS: (circle one) Chairman/President/Vice President AND APTOVED AS TO FORM: By: CMAr ( (f vvrL L p ity Attorney print name I ircle one) Secret Chief Financ' 1 1 fficer/ sst. Secretary - Treasu REVIEWED AND APPROVED: cxl_� Cit Administrator 05agree/amend CSP-victim 2 Su ity Contracts Submittal to City Clerk's Office Hunt Beach* 5 To: City Clerk 1. Name of Contractor: Community Service Program, Inc. 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake - Huntington Central Park Victim Witness Advocate 3. Amount of Contract: $59,620.00 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer _ ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: City Attorney's Office Date: 1/7/05 g:/Attymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THIS AGREEMENT ("Agreement") is made and entered into this 141"� day of 200 by and between the City of Huntington Beach, a municipal corporation of the State of California. hereinafter referred to as "CITY, and 1 f 4 /ram -� (1C_ a r �f % ,� �C COl'p hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to 6L 4A1 -'ilk GOm2r0i-- ; 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 designatesgo who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agrce/forms/profscrv10/15/01 1 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 "Commencement Date"). This Agreement shall expire on �T p,j2/ b, aC� unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than .�?Ambar 30, ,:W 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 hupkd W. 5 Dollars (S q, 00- Od ). 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 agrcc/forms/profscry 10/ 15/01 2 9 0 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," which is attached hereto and incorporated by reference into this Agreement. 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. CITY agrcc/forms/profsery 10/ 15/01 3 shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 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) 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 agrce/forms/profsery 10/ 15/01 4 0 • provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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 parry, 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 indemnification and defense 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. agree/forms/profsery 10/ 15101 5 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 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. agrcc/forms/profscrv10/15/01 6 • 0 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. 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: Ch I Ef en l 2000 Main Street Huntington Beach, CA 92648 agree/forms/profsm 10/ 15/01 TO CONSULTANT: tl • ivim • 17. CONSENT 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. 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. agree/forms/profserv10/I5/01 8 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 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 parry 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. agrce/forms/profscm10/15/01 9 • 0 24. ATTORNEY'S FEES Except as expressly set forth in Section 3 of this Agreement, 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 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 parry'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 agrcc/forms/profscrvl0/15/01 10 • 0 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California / Director of Cjt� B-i�•— �� (Pursuant To HBMC §3.03.100) �rlArN .P. G.�.(° &yy print name ITS: (circle one) Chairman/President/Vice President APPROVED AS TO FORM: alfarrko-'- 01,M).VR AND City Atto e By: - / /�, W SDN REVIEWED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer eCity Administrator ,01A&4- O` (only for contracts over S50,000.00) agrec/forms/profsery 10/ 15/01 11 0 E Cow~-- rr aaavIca rwoc�^' a CSP Board of Directors Resolution The CSP Board of Directors resolves that Margot R. Carlson, CSP Executive 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, Inc. at the January 28, 2004 meeting. Eight Board members (a quor im)-stated their approval. 1/ Signature: Date: �/-4"�>% ff Cadieux President, Board of Directors CommurA9ervice Programs, Inc. Signat Date: Griffin retary, Board of Directors Community Service Programs, Inc. EXHIBIT "A" • A. STATEMENT OF WORK: (Narrative of work to be performed) In an effort to promote a proactive preventative approach in domestic violence, the City of Huntington Beach has utilized the Crime Against Persons Unit to investigated domestic violence cases. The City of Huntington Beach has proposed a partnership with a domestic violence counseling program. The focus of this program is to assist victims with culturally sensitive, no -traumatizing service that will reflect issues related to powerlessness, violation, guilt prejudice fear of reprisal and legal ramification. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES 1. Specialist will respond to vicitm's immediate emotional/physical need including food, clothing, lodging, transportation or financial assistance. 2. The specialist will provide phone and in person support counseling services 3. The specialist will assist the victim to participate in the judicial process, including court support and accompaniment. 4. The specialist will advocate on behalf of the victim, such as filing crime victim compensation claims, intervention with employers or creditors, case information and disposition, translation services. 5. The specialist will assist in the preparation of Temporary Restraining Order, including custody orders. 6. The specialist will refer the victim to community resources appropriate to the victim's needs. 7. The contractor will provide one full-time Victim Specialist on site at the Police Department 8. The contractor will provide workers compensation insurance of not less as set forth by City contract provisions. 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/exAA 1/16/04 • EXHIBIT "A" » 3 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/l1/16/04 9 0 EXHIBIT "B" Payment Schedule (Alternative #1) 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 progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 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. 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-1/11/16/04 1 EXHIBIT B Alternative #1 OP ID S DATE (MMIDD/YYYY) AC1y G? CERTIFICATE F LIABILITY INSURANCO COMMU-6 10 01 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION iapman & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .cense #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . 0. Box 5455 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. %sadena CA 91117-0455 hone:626-405-8031 Fax:626-405-0585 INSURERS AFFORDING COVERAGE NAIC0 SURED INSURER A tiverport Insurance company INSURER 8: Alea North America Ins Co Community Service Programs, Inc INSURERC: 1821 E. Dyer Road Ste. 200 INSURER 0. Santa Aaa CA 92705 :OVERAGES 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. .TR 1 TYPE OF INSURANCE POLICY NUMBER GATE MMA) DATE MMID LIMITS A I GENERAL LLAMTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX I OCCUR X Sexual Abuse RIC0005312 RIC0005312 CONTRACTUAL LIABIL 10/01/04 10/01/04 10/01/04 10/01/05 10/01/05 10/01/05 EACH OCCURRENCE $10 0 0 0 0 0 PREMISES (Ea - 1 $10 0 0 0 0 MED EXP (Any one parson) S 5 0 0 0 PERSONAL & ADV INJURY $1000000 X PROFESSIONAL GENERAL AGGREGATE s 3000000 GEML AGGREGATE LIMIT APPLIES PER: POLICY n PRO- JECT LOCT JECT PRODUCTS - COMPIOP AGG $ 1000000 Ben. 1000000 A AUTOMOB0.ELWBIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS�\ RIC0005312 APPROVED AST 3 F McG 10/O1/04 FO%ity TH 10/Ol/OS 4 \ 1) COMBINED SINGLE LIMIT (Eaacmdern) $1000000 X (Per pp-) $ X ((PeD1�� �` s X PROPERTY DAMAGE (Per a=ders) S GARAGE LWBIUTY ANY AUTO RI! I I AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S S A EXCESSNMBRELLALWBIUTY X OCCUR cLA1M5MA0E DEDUCTIBLE RETENTION $ REL0005313 10/01/04 10/01/05 EACH OCCURRENCE $1000000 AGGREGATE $1000000 s $ $ B WORKERS COMPENSATION AND EMPLOYERSLIABILmr ANY PROPRIETORIPARTNER/EXEGUTNE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC1002724-01 07/01/04 07/01/05 WC STATU- X I TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE S 10 0 0 0 0 0 E.L. DISEASE - POLICY LIMIT I S 10 0 0 0 0 0 A OTHER Employee Dishonest RIC0005312 10/01/04 10/01/05 limit 450,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Huntington Beach, it's Agents, Employees and Officers are named as Additional Insured with respect to the operations of the named insured except for Workers' Compensation. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Police Department 2000 Main Street Huntington Beach CA 92648 HUNTINl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOA DATE THEREOF, THE ISSUING INSURER WALL lam# MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT MpReSERTATrves. AUTAWkFD REPRE ALVE 25 (2001/08) © ACORD CORPORATION 198 SU I PROFESSIONAL SERVICE CONTRACTS Hutttm �eache PURCHASING CERTIFICATION �� RECEIVED 1. Requested by: Shana Bawa JAN 0 4 2005 2. Date: December 22, 2004 Cityot CitygtHtuonnygton ea ech c 3. Name of consultant: Community Service Program, Inc. 4. Description of work to be performed: Domestic Violence Counselling Service 5. Amount of the contract: $59,620.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 75770101.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' • ® Yes, ❑ No • 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. 1 Attach proposed scope of work. 13. Attach proposed payment schedule. ' If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification CSP-Domestic Violence 04-05.dot 12/22/2004 10:30 AM •CSP —Domestic Violence Informal Proposals Orange County Victim Health Department On-line search--- therapist only (no similar program) California Licensed Therapist Individual therapy only (no similar program) F.A.C.E.S.-Orange Inappropriate services —no counseling services available • E