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HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAMS, INC - 2005-01-06To: Cif Clerk 1. Name of ontractor� Community Berke Program, Inc. 2Purpose of Contract, For Ei teapiv Atu:`it "V rvices or .Watar Quah4, f eovi ?rA 3. Amount of Contract: $79,6 6-00 s�is ... Wkaaato —d toi ih—e 0R-1 ... GN�€,+4L drEnuran��+ fr3 REsf� Management Initiating Dept -_____ City Treasurer - City € me 's Office g:tAtiymiaclforFns1 -sty der€ t,r�tr �t Brnr iftal-mac 0 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into this 6 -� day of 200 ], by and between the City of Huntington Beach, a municipal 0 corporation of the State of California, hereinafter referred to as "CITY, and —56 V i GC l'DI! e i- :roc, a c/ hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to 1011to1 je- A wprw / ; 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: I. 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 tk�j'R� � % l� who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agrcelformslprofserv10115101 1 t 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 jj)V�T ,l unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than „ �rc*ger ��i , 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 —yog 1ty.S+K_. httn if%+_ Dollars ($ ��J . (P_ P•00)- 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional ageelforms/profsm 10/ 15101 2 0 0 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. G. 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 agrec/forms/profserv10/1510 L 3 i 0 shall be reimbursed by CONSULTANT for all costs and attorneys 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 agrm/forms/profsery 10/ 15101 4 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 small 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/profservI W 1510l 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. a8ree/forms/profserv10115/01 6 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 hereit>_above) 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: rn1 of *n 6mo Q 2000 Main Street Huntington Beach, CA 92648 agrcelforms/profscrv10/15/01 7 TO CONSULTANT: 0 0 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. I£ 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. agreelforms/profscry 10/15/01 8 0 0 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 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. agrce/formslprofserv10/15101 9 24. ATTORNEY' S FEES Except as expressly set forth in Section 8 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 parry. 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 agrcelforms/profsery 10/ 15101 10 0 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, r��t°GaT iP C�ft°L.5��t1 print name ITS: (circle one) Chairman/President/Vice President EX�cuTiVE DI,�C�D,� AND By: STia t' Gt/ CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of l� T (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: 9 1 1b City Attorney REVIEWED AND APPROVED: pent name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer 49/4�LAV ®�.FIAV'4AK4r 4��*/31/0M� City Administrator (only far contracts over $50, 000.0f)) agme/forms/profservl0/ 15101 11 0 r� vNi rY Sa KV1 . "KO 9 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 quorum) -stated their approval. Signature: Date: ff Cadieux President, Board of Directors Commur*9,Service Programs, Inc. Date: '�'- X/ r'Griffin etary, Board of Directors mmunity Service Programs, Inc. DATE (MMIDD1Y YYj ' Ar ORD CERTIFICA OF LIABILITY INSURA E co° ° 6 10 01 a4 t0OUCER 1W THIS CERTIFICATE NIIIW8UED AS A MATTER OF INFORMATION Chapman a Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0522024 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O . Box 545 5 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91117-0455 Phone:626-405-8031 Fax:626-405-0585 INSURED community Service Programs,Inc 1821 E. Dyer Road Ste. 200 Santa Ana CA 92705 C10I11/=10,1 *1 INSURERS AFFORDING COVERAGE � NAIC 0 INSURER A Riwrport Snays4aea comp"y INSURER 9: Alea North America Ins Co INSURER C: INSURER D: I 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 INSRD TYPE OF INSURANCE POLICY NUMBER DATE 3AMIDDIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X Sexual Abuse RIC0005312 RIC0005312 CONTRACTUAL LIABILIITY10/01/04 10/01/04 10/01/04 10/01/05 10/01/05 10/01/05 EACH OCCURRENCE 51000000 PREMISES(Eexwrenoel $ 100000 MED EXP (Any one Person} $ 5 0 0 0 PERSONAL& AOV tHJURY $1000000 X PROFESSIONAL GENERAL AGGREGATE $ 3000000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PROJECT - F7 LOC PRODUCTS -COMPIOPAGG $ 1000000 Emp Ben. 1000000 A AUTOMOBILE LLABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS RIC0005312 APPjj#jjjGr',D S T�ORiv� iJ- l` 10/01/04 I 10/0l/05 SINGLE LIMIT (Es a=. dentED ) (Es accident} $ 1000000 X BODILY INJURY (Per perS ) $ x BODILY INJURY (Per ecaderil) $ X PROPERI'YDAMAGE I (Per accident) $ GARAGE LIABILITY I ANYAUTO JENNIF IkA,GR, TH, City Afto Tiiey ���',O AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA Lwapu Y x OCCUR i7 ct.AIMSMADE DEDUCTIBLE I RETENTION $ RELD005313 10/01/04 10/01/05 EACH OCCURRENCE $ 1000000 i AGGREGATE 131000000 S $ $ S WORKERS COMPENSATION AND €MPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICEMMEMBER EXCLUDED? It yes, describe under SPECIAL PROVMIONS bei" WC1002724-01 07/01/04 07/01/05 X I TORY LIMITS ER E.L. EACHACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEEI S 10 0 00 p 0 E.L. DISEASE - POLICY LIMIT I $ 1 a 00 0 0 0 A OTHER Employee Dishonest RIC0005312 10/01/04 10/01/05 limit 450,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I 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. REF: Juvenile Diversion CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Police Department 2000 Main Street Huntington Beach CA 92648 HONTINl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MMMMXXM MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 1 , ACORD 25 (2001108) ACORD CORPORATION 198t Riverport Insurance Company POLICY NUMBER: RIC0005312 CL-261 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 1185 ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Huntington Beach Police Department 2000 Main. Street Huntington Beach, CA 92648 It's agents, officers and employees are named as additional insured re: ,juvenile Diversion WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Named Insured: Community Service Programs, Inc. . 1821 E. Dyer Road, #200 Santa Ana, CA 92705 Dated: 10/01/04 • 0 Su ity PROFESSIONAL SERVICE CONTRACTS Huni PURCHASING CERTIFICATION 1. Requested by: Shana Bawa R E C E I V E❑ 2. Date: December 22, 2004 JAN 0 4 2005 3. Name of consultant: Community Service Program, Inc 4. Description of work to be performed: Juvenile Diversion 5. Amount of the contract: $79,656.00 [1 7 Q Are sufficient funds available to fund this contract?' ® Yes, City of Huntington Usach City Attorizay's office ❑ No Company number and object code where funds are budgeted: 10070203.69300 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. 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-Juvenile Diversion 04-05.dot 12/22/2004 10:32 AM v Informal Proposals 9 CSP —Juvenile Diversion Short Stop 714-484-1925 Only provides activity based programs to offender Orange County Health Department Online view of services No similar program No other programs found. • i 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 C inical sychologist, 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. imp/contracts group/exA/l 1/16/04 0 EXHIBIT "A" 5. Services of the counselor will be offered at the Police Department's main station on Main Street. 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. 10. Counselors may refer families to outside resources as part of the treatment plan. 11. 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. 12. Termination of cases will be reviewed and supervised by clinical and administrative supervision. 13. 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. 14. 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. 15. The diversion specialist will monitor each case and check all related paperwork. 16. The contractor will provide worker's compensation insurance for youth working in the community service program. jmp/contracts group/exA/11/16/04 i EXHIBIT "A" 0 17. 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. 18. 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. The contractor will forward a check to the victim in order to protect the youth's confidentiality as required by law. 19. 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. 20. 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 druglalcoholltobacco use. If follow- up sessions are necessary, the counselor will provide further referrals. 21. 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. 22. The contractor will provide a 24 hours a day, 7 days a week professionally staffed helpline to help manage crisis situations. 23. The contractor will provide quarterly reports to the Police Department reflecting referral data, client demographics and community outreach jmp/contracts group/cxA/I ! / I6/04 EXHIBIT "A" 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 receiving an invoice from the contractor. 2. Review statistical reports submitted by the contractor. 3. Provide referrals for the program, documenting the reason for the referral and components that should be included. 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/11/16/04 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. jmpltontracts group/exB-1/11/16/04 1 EXHIBIT B Alternative #1