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HomeMy WebLinkAboutCSP - Community Service Program, Inc. - 2010-11-01P� Council/Agency Meeting Held:_& Deferred/Continued to: �A��L Approved Con iti nall Approved ❑ Denied C' CI s Sig tune Council Meeting Date: November 1, 2010 Department ID Number: PD-10-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve two Professional Services Contracts with Community Service Programs Inc. (CSP) in the amounts of $285,423 for the management of the Juvenile Diversion Program and $170,386 for the Gang Prevention and Intervention Program, each with a three- vear expiration Statement of Issue: Council is requested to approve three-year contracts with Community Services Program, Inc. for the management of Juvenile Diversion Program and the Gang Prevention and Intervention Program. Approval of the attached contracts will renew these agreements and allow payment to CSP for all future services. Financial Impact: Sufficient appropriations are available in the fiscal year 2010-11 adopted budget. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Community Services Program Inc. for Management of Juvenile Diversion Program;" and, B) "Professional Services Contract Between the City of Huntington Beach and Community Services Program, Inc. for Gang Prevention and Intervention Program." Alternative Action(s): Do not approve three-year contracts with Community Services Program, Inc. for the management of Juvenile Diversion Program and for the Gang Prevention and Intervention Program and direct staff accordingly. HB -95- Item 5. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/01/2010 DEPARTMENT ID NUMBER: PD-10-012 Analysis: Since 1992, the police department has contracted with Community Services Program, Inc. (CSP) to provide Juvenile Diversion and Gang Prevention and Intervention Services. The Juvenile Diversion component focuses on counseling of incorrigible youths. These youths may also have serious family, emotional, school, or negative peer influence issues. CSP counselors receive their referrals via the police department. The Gang Prevention and Intervention component focuses on gang prevention and intervention services for at -risk youth and their families. This component also provides after school recreational activities and tutoring services. The combined efforts of these services have had a very positive effect on the youth of our community to stay on track and out of the penal system. Environmental Status: NA Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. (Contract with Community Services Program, Inc. for Gang Prevention and Intervention Program 2 I Contract with Community Services Program, Inc. for Management of Juvenile Diversion Program Item 5. - 2 HB -96- ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Community Services Program, Inc. FOR Management of Juvenile Diversion Program 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 Services Program, Inc. a Mon -profit California Corp. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Management of Juvenile Diversion Program ;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3,03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perforin 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 Margot Carlson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. aaicc, 'Lit hictIII ofc—lol.il11u1_\oi l of I I I? O% 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME, OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October I st 20 10 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, tiniess extended or sooner- terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three pears from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in Writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement; a fee, Two hundred eighty five thousand including all costs and expenses, not to exceed four hundred twenty three Dollars ($ 285,423 i. EXTRA WORK In the e\ ent CITY requires additional services not included in Exhibit "A" or changes in the scope of` services described in Exhibit "A," CONSULTANT xvill undertake 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, traps, 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 selectirnn of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any a,,icc,gym 111cu1)],flC,,1mdl %'Cti nlav f i of 1 1 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 (51,000,000.00) 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 (SI0,000.00) 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 terminate this Agreement. Such termination shall not effect aLicc4 of 1 1 I3'07 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. 1 1. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor hcl-ein and not as an employee of CITY. 1 2,"U CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents; exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENT CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. ��i�c �ur1lirt piol,n.il •\r< ni.n�nr 0 O1 1 1 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work perfonned 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 liereinabove) 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 Sheet Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Margot Carlson Community Services Program, Inc. 1821 E. Dyer Road, Suite 200 Santa Ana., Ca 92705 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. :vcc 111avol 7 ol� 1 1 13 n7 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 8 of l 1 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. ATTORNEYS 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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees li-om the nonprevallilit' party. ❑�zicc, ,tit fnct,plolr„knurl>%C' lwv"i 9 Oi 1 1 12/0l 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 signatory or is withdrawn. CONSULTANT's initials _ a /,o 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 betwccn the parties respectin(-, the subject matter hereof. I'.n7 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 Services:.Program, Inc. COMPANY NAME CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califo is Mayor By: v�o print name lty Clel"IC j% 1L1 1t ITS: (circle are) Chairman/Prest(icntivice President AND Print name ITS: (circle one) Seeret�u_v/Chief Financial Oflicer/Asst. Secretary - 1 reasurer INITIATED AND APPROVED: Police Director Chief REVPK.- Cit APPROVED: istrator APPROVED AS TO FORM: �i City Attorney pi„�c»i,1n;ilI of I 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 family therapist, will provide program oversight, clinical and administrative supervision for program staff, training, active case management and crisis intervention support. 2) Counselor will process all referrals and provide the requested service and any others that are deemed necessary. 3) In service training will be conducted for patrol officers, gang unit officers, narcotics officers and any other units the Police Departments deems necessary one to two times per year. 4) The counselor will work during evening hours at least one time per week, making him or herself available until ,9:00 p.m. to accommodate the needs of working parents. 5) Services of the counselor will be offered at the Police Department's main station on Main Street. jmp/contracts group/exA/7/13/10 EXHIBIT "A" 6) Upon referral the counselor will contact the family by phone as soon as possible to schedule an assessment interview. The assessment will determine the needs of the youth and the family, the appropriate intervention and resource. 7) When an intake assessment is complete, the counselor reviews the relevant issues, problems and needs with the family and youth. Future appointments are scheduled on a case -by -case basis. 8) Realistic and appropriate treatment goals are established. Goals are developed by with the family and counselor. Intervention effectiveness will be measured against the targeted goal that is to be achieved. 9) Counselors may refer families to outside resources as part of the treatment plan. 10) Counselors may terminate a case depending on the accomplishments of specified goals. Termination procedures should be documented and meet any long term need of the youth and family. 11) Termination of cases will be reviewed and supervised by clinical and administrative supervision. 12) A diversion specialist will coordinate the community service program. An intake assessment will be completed on the youth. Relevant information will be gathered and considered for placement at an appropriate site for community service hours. 13) The diversion specialist will develop community service sites, which are non-profit organizations. The diversion specialist will train on -site staff, make on -site inspections to address issues and answer questions, and help develop the hours and type of work performed by the youth. The diversion specialist will ensure that the site work provides a good learning experience for the youth. 14) The diversion specialist will monitor each case and check all related paperwork. 15) The contractor will provide worker's compensation insurance for youth working in the community service program. 16) A diversion specialist will coordinate the restitution program. An intake assessment will be completed on the youth. The diversion specialist will contact the victim and to document and verify the validity of a claim. For claims over $500, three estimates will be required. Once a claim is completed a payment schedule is will be set. 17) A diversion specialist will handle all payment from the youth. When payment is made, the youth will be given a receipt. The contractor will submit the payments from the client to their accounting divisions to be deposited in a restitution account. jmp/contracts group/exA/7/13/10 EXHIBIT "A" The contractor will forward a check to the victim in order to protect the youth's confidentiality as required by law. 18) A diversion specialist will also coordinate and conduct the legal education workshop. An intake specialist will conduct assessment. The information on the location, date, time, and agenda of the class will be relayed to the youth and their family. Workshops are a single three-hour session. Each workshop can be designed to meet the needs of the participants. The curriculum includes; group discussion regarding the youth's offense and the family response, impact of crime on victims, legal awareness education regarding juvenile laws, sealing of records, structure of the juvenile justice system, educational videos, police jail tours, slides of juvenile hall, exercises on choices and decision making and consequences of delinquent acts. The parents will also receive specific information regarding effective parenting skill, adolescent development and communications guidelines. 19) The counselor will provide an assessment to youth that appear to be in need of drug/alcohol/tobacco education. The counselor coordinates 6-10 youths in three, two-hour sessions to increase the awareness of the reasons for and the consequences of drug/alcohol/tobacco use. If follow-up sessions are necessary, the counselor will provide further referrals. 20) The counselor will assess the need for an anger management program. The counselor will lead a group of 6-10 youths in three, two-hour sessions for aggression related problems. The group will help the youths increase awareness of the triggers of their anger and the consequences of negative expressions of their anger. Effective communication skill, problem solving techniques and conflict resolution skills will be developed. The counselor will determine if follow up programs are necessary and will provide further referrals. 21) The contractor will provide a 24 hours a day, 7 days a week professionally staffed help line to help manage crisis situations. 22) The contractor will provide quarterly reports to the Police Department reflecting referral data, client demographics and community outreach programs and any other statistics related to the program. Additionally the program staff will meet with the supervising Police Department unit's staff member every 6 weeks to discuss the program activities and ongoing identification of community needs. C. CITY°S DUTIES AND RESPONSIBILITIES: 1. Pay contractor on a quarterly basis after an invoice is received from the contractor. 2. Review statistical reports submitted by the program director. jmp/contracts group/exA/7/13/10 EXHIBIT "A" 3. Modify performance measures, as the community needs change. 4. Negotiate rates and provided services with the contractor. 5. Provide overall review of the program. D. WORK PROGRAM/PROJECT SCHEDULE: These services will be conducted within the annual contract period. It is understandable that some services will continue beyond the contract period if the services are on going. These on -going services will not have any costs that will be assessed beyond the contract period. jmp/contracts group/exA/7/13/10 EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth herein in accordance with the following fee schedule: 10/1/010 — 9/30/11 Year 1 10/1/11 — 9/30/12 Year 2 10/1/12 — 9/30/13 Year 3 $92,343 $95,113 $97,967 Total fees shall not exceed Two Hundred Eighty Five Thousand Four Hundred Twenty Three Dollars ($285,423). CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit per year. CONSULTANT shall not continue with any work effort over theamount of the maximum limit per year unless first authorized in writing by City authorized representative(s). 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. jmp/contmas group/exB-1/8/5/10 1 EXHIBIT B Alternative #1 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/exB-1/8/5/10 L EXHIBIT B Alternative #1 cpMHury�®� o ®y COMMUNITY SERVICE PROGRAMS 1821 East Dyer Road, Suite 200 • Santa Ana, CA 92705 Phone: (949) 250-0488 • Fax: (949) 251-1659 Email: generalinfo@cspinc.org 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. by way of email vote on August 13, 2010 by the following: Vote Ayes: 12. No: p Signature: Date: RyanZecker President, Boar of Directors Community Service Programs, Inc. Signature: a Date: 5-17 901 v Barbara Steensland Secretary, Board of Directors Community Service Programs, Inc. a non-profit agency serving Orange County since 1972 youth shelter • family counseling • child abuse prevention • parent education • dispute resolution gang prevention • victim/witness assistance • drug, alcohol, tobacco abuse prevention Wcbsite: www.cspinc.org 0ATEIMMIDDAYYYI CERTIFICATE OF LIABILITY INSURANCE _1 10107110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ROES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY 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 ho endorsed. If SUBROGATION IS WAIVED, subject to tho 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 endomement(s). PRODUCER 626-405-8031--..--- Chapman 626405-0583 Ucense f10522024 E•t1A1� ` — - ,_3 ADoxe s: Pasadena, CA91,117-0455 I'kbnurf ID COMMU-6 ............ ....... .. ... _,. INSURERfSj AFFDROINti COVERAGE NAICV LNSURM- Community Service Programs,lnc INsurrRA : Riverport Insurance Company _ 36684 1821 E. Dyer Road Ste. 200 Nsunrx n : Everest National 10120 Santa Ana, CA 92706 _.._--_ ______—......_...._- INStIRSR G R. INSIIRi:IY D INSURER F : ^ f•f1%1r_PAf_Pq r-PPTICIr`ATP NIr ItNR1=R _ r?F�/iCSYSTf N{1hAT3rR• - THIS IS TO CCR'fITY 1'IfA"I' THL POLICIES OF INSURANGF LIS I ED BELOW II IAVE fi£EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY W&RIOD mmc.,ATFD. 11JOW1101ST,ANDING ANY HECIMPEMENT, TERM 09 CONDITION OF ANY CONTRACT OR OTHER coca I'NT WI"fH RESPECT TO WHICH THIS CERTIFICATF. MAY SE ISSUED OR AIAY PERTAIN, THE INSURANCE AF-FORUI=U BY fllL= POLICIES DESC91KI) HEREIN IS SUi3SECT TO ALL "FFIE 1'ERMS, EXCLUSIONS ANO CONDITIONS OFF SUCH POLICIES. LIh4'IS SHOWN MAY HAVE SEFN r2[ IIl1CL D pY PAID CLAIMS. INSR TYPE Or LNSURANCF ,Al)t�L SUE ( .If:Y NUF.1nrR I MGl7QNYW� tllA.LRcbffy' { LlfG l'(S GENERALtIA811.I1Y ! FACHOCCURRENCS? 'I,O0p,0O0 A X CAMAG'E TO RE14TFD — '1 A�ERAL � XLI'c1ILay € OCCUR Rav 1 X Sexual Abuse RIC0011342 1D10111D 10101"1 P1DRSONALf 11 uV NwRY _.i j( PROFESSIONAL CONTRACTUAL I_MILITY 1DlD111D 1p/p1111 cENefutAc;REGATE a 3,000,0 �_� __._....,... GCM'L AGtiB E:•GAIE LIL41'f .i1=PLIGS PER,, a 9,D00,p0~ i;F+I?OI7UGTE-COMfAOF'AGt:, �E{np Ben. $ 1,p00,000 AUTOfAOULE UA014ITY L`-3WINEO 8I143LI" LIMIT S 1 000,0 A X ? ANY AL:10 CIC{0011342 1D101110 10JDif11 7 COMP T $500 COLL � 5500 000LY INJ -BOCILY IN.111RY (Per per=an}- 3 ALL (SVJNffi Alrr05 L3ODILY INJURY {i'ur acldoni} 5 t SCHEDULEDAUroS _ AS 0�Iwo AF;hFAN(GE�T ...._........-....-_.._._.-..__ X X -OWNDAUTOS ,D EpAC\ H yI _ _0UFAnFEI__n 1Iae •r-;i -• ""''(P"eCreHo Ca7GATCtY)ML'U(N E _.. _.. .-... 1,00000. A EXCESS LIMO ; C.IIJA(3 hgpUc - -- — �.. _ :_ 21-001134- AGc,RL:GA(t S 1,000,000 Ocbil(:TI13LE 5 " RETENTION. _.s WORKERS COW*PNSATION •-- T11- I I�OTI I-j STA� ANTI E"PLOYCAV IJAF31LI TY ANYPROPRIcTOR1PAATNERfr-J?ECUTM - YIN OFFIOERIMEMBEFt EYOLUDE177 NIA A 6600000007101 pi1p11'I D il%101111 E.L. EACH ACCID[N r 5 1,000,000 (Faandulory to HH) x.l '. {E.L. DISEASE -E:A EMt't,Ovi 3 1,00p,0D0 N es, deoui6s 3rlxler n SCRtPTtnN Or OPERATKIFLS h.!U I .—_---__._...__._.._-._-_.-.._.. ! i F,.L DISEASE - POLICY LIMIT _•-� _-._- .-__._ .._.._.__._. S 1 000,p0D A mployee Dishonest _ REC0011342 10lD1110 a 10/01/11 E& For33ory 650,000 A 1 r0l7orty {RIC0011342 _ 1 tp101110 j 10101111 !Contents 249,0 DFSCRII"n0 l OF OPERATIONS 1 LOCATIONS IVEHICLES (Allaeh ACORD 161, A31dilSonaf R<:marks SehnJula ,r mnm ehnu� le rupdrrd} Re: -Ganda Prevention Program. City of Huntington Beach, its Agents, Officers the Employees are named additional insured with respectto operations of the named insured - CG 2026 endorsement to fellow. Workers Compensation coverage excluded, evidence only. 10 day notice of cancellation for non - a meat of remfu . City of Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 9264E ACCORD 25 (2009109) ,f. HUN ITIN3 SHOULD ANY OF THE ABOVE DESCR19ED POLICIES 13B CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DLLIUERED IN ACCORDANCF. WITH THE POLICY PROVISIONS, A Ur4ORl•LED n EP1tESEN (ATIVC O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I i ATTACHMENT x= PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Community Services Program, Inc. FOR Gang Prevention and Intervention Program THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Community Services Program, Inc. Non—profit California Corp. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide a gang prevention and intervention program ;and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Margot Carlson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agr�c ;u� fnct:piolci �on��l ,�c. mav�u I of I 1 11M7, 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 1st 2010 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, One hundred seventy thousand including all costs and expenses, not to exceed three hundred eighty six Dollars ($ 170,386 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 a,2rcc ail lnct,prolC,„Iomal svcs mnvol 2 oI l 1 I3-'07 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. S. 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 a��icc airfncVpiol of I I I? 0 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 pernitted. 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 forth,\itlh terminate this Aureemcnt. Such termination shall not effect 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 cannier 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. 1 1. 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. a<<icc,wfncUpuilcci�mal.�c;niavol J of'] 1 12,07 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 p 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. ��ic�:! �urincUpiolc:,i��nal I%C� 11MV01 6 of 1 1 I !07 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 I 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 ommuni y ervices Program, Inc. ui e Santa Ana, G�9� 785 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. 7 of i l 1 �/07 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 anv 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 1�" I cc, .o I I I,ct-p o I„],,li„L,MZ,\-01 (S of 1 -.ri 1 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 owii attorney's fees; such that the prevailing party shall not be entitled to recover its attorney's fees from the noriprevailing party. u"rcc; ,uljllcupnilc:.iolwl_,vc, m;i_voi 9 of l 1 13'Q 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 signatory or is withdrawn. CONSULTANT's initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann'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, inducemcnt, 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. 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. LT ty Nervices Program, Inc. MP ANYNAMF Prad By: �G print name ITS: (code one) Chairmal President/V cc President AND B� print name ITS: (circle one) Secretary/Chief Financial Officer/Ass(. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californ� MayoF City Clerk .itltil 10 INITIATED AND APPROVED: l Police Director Chief REVIE"D/1AND APPROVED: Administrator APPROVED AS TO FORM: City Attorney F1 IC'C ,tjIIIIci P]t10 ,dI I,,dd01 1 1 0l- 1 1 I? UI EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) In an effort to promote a proactive preventative approach in addressing at -risk youth's involvement in gangs and violence, the City of Huntington Beach is proposing a partnership with a gang prevention program. The focus of the program is to provide alternatives to violence and gang involvement for youth and families in at -risk environments. The program will equip young people with the tools to resist gangs, positive behavioral responses to threatening interactions, conflict resolution techniques and life skills that will help youth develop their potential. This will also contribute to strengthening the family unit, which is the foundation of the community. Strong families and community mobilization are the keys to securing a safe and nurturing environment in which to live. Parents and families have the least to fear even from violence prone teens. Thus, given the appropriate tools, concerned parents can regain control of their family and exert a positive influence against potential gang involvement and violence. The core of the program should be direct service to high -risk youth ages 10-18. Services are built around recognition that youth engage in acting -out behavior due to a breakdown in the effectiveness of traditional family/school/community structure where they would normally fulfill needs for. love, self-esteem, personal meaning stability and socialization. The program will provide a gang prevention specialist, with a B.A. degree in Psychology, Sociology or Criminal Justice. The specialist must have a minimum of 1-2 years gang - related counseling experience working with at -risk youths and their families. The staff member will be bilingual (English/Spanish) and culturally competent. The number of hours the specialist will dedicate to the City of Huntington Beach's program will correspond with the budgeted funds for the program and contractor's costs to provide the program. The focus of the program is to enable the community to minimize or avoid the problems related to gang activity by proactively addressing issues associated with at -risk youths. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Program Specialist will submit weekly statistics of services as related in this section to their Program Director 2. Program Director will submit a monthly compilation of related services to the Police Department 3. Provide at -risk _youth with group counseling workshops covering issues related to decision making, drug and alcohol abuse, self-esteem, communication skills, goal setting and conflict resolution. Ensure that each client attends (8) group counseling sessions. Performance Measure: 40 clients per year at minimum 4. Provide individual and family counseling for at -risk and gang affiliated youth. Outreach specialist is to assess and develop a case plan, which will be reviewed by the Program Director. Create a chart to indicate weekly progress towards the case plan. Performance Measure: Serve 15 local youth Provide referrals to drug/alcohol treatment programs, medical facilities, long-term psychological counseling, and job training programs as needed. Performance Measure: Serve 10 local youths 6. Conduct four community educational presentations per year for two hours each once each quarter. Educational presentations can be, but are not limited to drugs and gang prevention, communications skills, setting limits and anger management. Performance Measure: Four per year, serving 20 residents per meeting 7. Plan and implement enrichment activities that teach and model appropriate behaviors. Activities will be identified by working with participants and assessing their areas of interest. Activities can be conducted on -site or off -site. Performance Measure: Eight (8) enrichment activities yearly. A minimum of 120 youth will participate 8. Work with youth in the community to identify community projects, such as park clean-up, school or community improvement projects. The community projects will be planned and implemented by the youths and the program youth specialist. Performance Measure: Two (2) community projects per year, with 16 youths involved per project 9. Community Mobilization efforts will especially target parents of high -risk youth in the community. Recognizing that parents are the primary prevention agents of their children, CSP will nurture what is best about the family and encourage strong parent -youth connection and communication. Performance Measure: A series of three (3) Parent/Youth Support Activities will be available (6 hours each) and serve a minimum of 36 participants 10. Juveniles who have first-time police contact will be referred to CSP's I -Count Program as a way to address incidences of vandalism and graffiti. This intervention will address youth competency development and community protection needs. Youngsters will be assigned supervised hours (a minimum of 24 hours), attend a 4-hour curriculum based workshop and write an apology letter making amends to their community for their actions. Parents will complete a class designed to teach proven methods to regain control in their own household and to deter their youngsters from committing illegal acts Performance Measure: Serve a minimum of 40 youth C. CITY'S DUTIES AND RESPONSIBILITIES: Pay contractor on a quarterly basis after an invoice is received from the contractor. 2. Review statistical reports submitted by the program director. Modify performance measures, as the community' needs change. 4. Negotiate rates and provide services with the contractor. Provide referrals of at -risk youth who have contact with police due to vandalism and graffiti violations 6. 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. EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth herein in accordance with the following fee schedule: 10/1/010 — 9/30/11 Year 1 10/1/11 — 9/30/12 Year 2 10/1/12 — 9/30/13 Year 3 $55,125 $56,779 $58,482 Total fees shall not exceed One Hundred Seventy Thousand Three Hundred Eighty Six Dollars ($170,386). CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit per year. CONSULTANT shall not continue with any work effort over the amount of the maximum limit per year unless first authorized in writing by City authorized representative(s). 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. imp/contracts group/exB-1/8/5/10 1 EXHIBIT B Alternative 41 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/exB-1/8/5/10 2 EXHIBIT B Alternative #1 C��[M�hIiY S¢RVICt Yee'µ p COMMUNITY SERVICE PROGRAMS 1821 East Dyer Road, Suite 200 • Santa Ana, CA 92705 Phone: (949) 250-0488 • Fax: (949) 251-1659 Email: generalinfo@cspinc.org CSP Boatrd. 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. by way of email vote on August 13, 2010 by the following: Vote Ayes: 11 2. Signature: Date: President, BoaM of Directors Community Service Programs, Inc. Signature: 0 4u Date: S-17 00 10 Barbara Steensland Secretary, Board of Directors Community Service Programs, Inc. a non-profit agency serving Orange County since 1972 youth shelter • family counseling • child abuse prevention • parent education • dispute resolution gang prevention • victim/witness assistance • drug, alcohol, tobacco abuse prevention Website: www.cspinc.org % CNF.� CERTIFICATE OF LIABILITY ! INSURANCE QAT10107LUVYYYy —k F""•+" iaruirio 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_ T14IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANTt If the certtfitatc holder is an ADDITIONAL INSURED, the nolicy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terns 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 endorsemant(sl. PRODUCrR 626-405-8031 Chapman 626-405-0585 Lirense 40522024 P. U, Box 5455 Pasadena, CA 91117-0455 T.11TLDepdest-.... -.... .--....__...._.. -- --- ------ INSURto Community Service Programs,lnc 1821 E. Dyer Road Ste. 200 Santa Ana, CA 92705 � u, COMII+IU-6 wsuRs_� n RivetTort insurance Company 36684 INSURCR e : Everest National 10120 INSIIttFrt r. ; INSURf:R D ; Lu�tUREk r COVERAGES CFR'rII=InATF fJ(IM(RFR- Or=vlelnr.t kil Matzo. THF,S IS TO CERTIFY THAT THE POLICIES OF INSURANCE: L TL-U BELOW HAVE REEN 1S9UrD TO THL INSURED NAMED ABOVE FOR THE POLICY PERIOD IMACATEr). NOTWITHSTANDING ANY R£OUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OHER DOCUMEN'r WITH RESPECT TO WHICH THIS CERTIFICATE MAY a'E ISSUED OR MAY PERTAIN, T'HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OI° SUCH POLICIES, Lwrr_S SHOWN MAY HAVP BEEN REDUCED BY PAID CLAIMS. iNSri AUOL SUht POLICY EFF LTR 'IYPi: OF in'5URANr;r -... ,- --rGL NlM7nER IIIAH01)r YYY) 0AMID01YYYY LIIARS _ CcNERALAAARILM rAfyICK',CURRENCF S 1,0D0,000 A _X ,cornAEncIALGENERALLIAun_ITY X RIC0019342 1010f110 90101111 riA�e�cE To raEtvr�o ----- — -- PREMI56SjCa,nccunutce5 s 900,000 CLAIMS -MADE OCCUR a r -_ 4SLt) k%P{A 5,000 s X Sexual Abuse _ ) RIC0011342 iD1D1l10 10109111 Inc Per*vn) S --- -- - -- ----- PERSONAL &ADVINJURY d 1,000,00 X PROFESSIONAL CONTRACTUAL LIABILITY '10101110 10f01111 GLNCRALAGGRFa/,M S 3,000,060 Ci£NLA(;CiRf:(;A Cc LlrAl'r APPL!FS PRR: .• PRUDUCIS-CU)APlOP AGG;S 1,0 DO,O ILOC - ElnpBen. �,f 1,U00,00 Av,rOMQe1LE LIADILITY COMBINED S14GU-. i WE I i x 9,000,000 A X ANY AUTO i RIC0011342 10/01110 1/0101/11 (t:aaccidali) --�-. 000ILYfNAJRY(PvIxtwrq i S ALL OWNED AUTOS MM -$Fi00 COLL=$600 _-..---.---._.-----.__.___---_-,------ ...________,__.__-._._ ---- SCHEDULEOAUT(M I- VED ` 0 F,' LL�� j RODfLY INJUr2Y (Per auddenl}( 5 • --- X W11FDAIrI-OS PROPERTY UAW41i i 5 (fael amdeal) X WN.OWNUE)AUT05 E NII� .,1� CG i TI- tt l�tt�lll(y - ' s _ LIAkr UY.HRh1.LA X OCCUR I I .../p���y- /v !' ..-•_.__- Ii IN.CURREPJC.E jI 1,000, A .._. .I `D GLAiLi5 lAAIIr: ioTL ........_ .___ __,.------_._-•-- t 1 ;REL0011343 90tu1110 10101111 AG(olT[:FE ? 5 1,000,000 GK._________.._._ .... ..... . ....i ...... _...., ........__._ _ I RE7ENTI N 5 i �— ..._._.. ..__...I. ----- 8 WORKURS COUPENSATION I ? WCSigTU iOTIL! AND EMPLOYERS' iJARIUTY YIN i 1.147HYJ LKW _ — , ............. ...v.. _. � B ANY VROPRIETORIPARTNERIFJ!EC''UTME CFPICERWEMSER SXCWDEDl NIA 8600000007101 0710-1/10 j OV01111 ' E,1.. EACHAGCIQ[Nr r 1,000,00 -.. ... .,,. ....-_._.. _.�._ —...__....__.,� (Mum Wofy in NH) IF_L. Qa^C-ASE-EA EMPLOYEE, S 1,000,00 Iryy'es,de mbewxixr OESCItIPTION0r0PERATIONSbvInw f v E.I_. D'SFASE• M-LiCY UTAIT t 3 1,000,0DO A Employee Dishonest RIC0o11342 101D'v10 ; 10101/11 & Forgery 650,00 A Property RICODII342 101DI/10 1Dial 111 1contents 249,000 DESCRIPTION OF OPERAIrONS I L.00AI IONS t VF.H101ES lAnaciw AOORQ to), AdiPoivnal Remvrl<n 5et,ndule, a more slsac_ is ,vquircrty Re: Diver!$ion.Program. City of Huntington Beach, It's agents, officers and employees are named additional insured- Workers Compensation coverage exluded, evidence only.10 day notice of cancellation for non payment or premium. HUNTINP City of Huntington Beach Police Department Diversion Program 2000 Main St. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 6cFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT11014ZW RYPRCSENTArIVE J P 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and loan are registered marks of ACORD City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC November 2, 2010 Margot Carlson Community Services Program, Inc. 1821 E. Dyer Road, Ste. 200 Santa Ana, CA 92705 Dear Ms. Carlson Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Community Services Program, Inca for Management of Juvenile Diversion Program and the Gang Prevention and Intervention Program. Sincerely, J n L. Flynn, ity Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anio, Japan . Waitakere, New Zealand ( Telephone: 714-536-5227 )