HomeMy WebLinkAboutCSP - Community Service Program, Inc. - 2010-11-01P�
Council/Agency Meeting Held:_&
Deferred/Continued to:
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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.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
3. TERM; TIME, OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are
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
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insurance policies are applicable. The policy limits do not act as limitation upon the amount
of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars (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
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Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice; however, ten (10) days' prior
written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
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.
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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.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
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.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in fact, held by the 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.
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29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
CONSULTANT,
Community 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
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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
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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--..---
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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.
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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
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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
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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
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EXCLUSIONS AND CONDITIONS OI° SUCH POLICIES, Lwrr_S SHOWN MAY HAVP BEEN REDUCED BY PAID CLAIMS.
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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 )