HomeMy WebLinkAbout2013/12/10 Item 09 �:.. . -
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' CHUTA ViSTA
12/]0/20li Item�_
ITE�1 TITLE: RESOLUTION OF THE CITI' COL7\'CIL OF THE CITY OF
CHULA VISTA «'AIVI\�G THE -FORI�4AL COA4PETITIVE
BID PROCEDURE A\iD APPROVI�'G THE CONTRACTUAL
AGREEA4ENT �VITH SOUTH BAI' CO?�4�4U�'ITZ'
SERV"ICES FOR D0�4ESTIC V10LENCE-RESPONSE AND
ADVOCACY SERVI�E�
SUB�'IITTED Bl': CHIEF OF POLICE ��l
REVIE�VED B1': CIT1' A4ANAGER
4hTHS VOTE: 1'ES � NO .�\'
SU1111AR1'
Thz Police Department and South Ba}� Community Services have been �vorking in
pannership for the past sisteen }ears providine domestic violence response and ad��ocacy
sen�ices to the communitv. Adoption of this resolution ��ill ���ai��e the formal competitive
bid procedure and approve a contracmal agreement �vith South Ba}� Communit�� Services
to pro��ide services for domestic ��iolence cases.
E\'VIRON�ZENTAL REVIE�V
This proposed acti�ity has been revie�ti�ed for compliance �vith the Califomia
Environmental Quality Act (CEQA) and it has been determined that the acti�in� is not a
"Projecr' as defined under Section 1�378 of the State CEQA Guidelines because it ���ill
not result in a ph}�sical chanee in the environmenr, therefore; pursuant to Section
1�060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus; no
en�ironmental revie�i is necessan�.
RECONI�ZE\'DATIO\'
Council adopt the resolution.
BOARDS/C014A�IISSION RECO�'I�•IENDATION
Ivot Applicable.
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13/]0/2013, Item�
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DISCUSSION
Since 198�, the Chula Vista Police Department (CVPD) and Soutl� Bay Community
Services (SBCS) have parn�ered to address issues with juveniles. And since 1997, CVPD
has been working in a partnership with SBCS to provide direct services to domestic
violence victims and protect the children from abuse. The partnership between CVPD
and SBCS resulted in the formation of a 24-hour/7-day per week Domestic Violence
Response Team (DVRT). In order to provide more consistent and intensified follow-up
semices, the DVRT program was expanded in October 2003 «�ith the addition of t���o
full-time SBCS Advocates ���orking on site at CVPD. A federal grant administered by the
California Emergency Management Agency (CaIEMA) has funded advocacy services
since fiscal year 2003/2004, and grant funding far the DVRT program ended on
December 31, 201 l.
Because of the established ���orking relationship �vith SBCS, CVPD is seeking to wai��e
the fonnal competitive bid procedure and approve the contractual ag"reement ���ith SBCS
to provide sen�ices for domestic violence cases. SBCS has tailored their programs to
meet the needs of the City and their experience, qualifications and community presence
make them a unique sen�ice provider. SBCS is the only Chula Vista-based organization
that provides DVRT ser��ices to the community and therefore staff believes that they are a
"single/sole source" service provider that qualifies for an exemption from the formal
competitive bid procedure as authorized by Chula Vista Municipal Code §
2.56.070(B)(4).
The Domestic Violence Response Team consists of detectives from the Family Protection
Unit oFthe Police Department and Advocates from South Bay Communit}� Services. The
Advocates ��ork closely ���ith the Detectives; provide more intensified follow-up services
afrer the violent incident, and help prevent the need for further intervention b,y law
enforcement. SBCS' Advocates are mandated to provide 24-hour immediate mobile
crisis inter��ention in response to 911 calls to the CVPD on all famil}� violence cases
involving children. Immediate response is construed to mean 20 minutes and current
average response time is 19-22 minutes. SBCS emergency staff ineets CVPD officers at
the scene of domestic ��iolence crimes to assess for child abuse as well as offer services to
victims. Additionally, CVPD has dedicated personnel from the Family Protection Unit to
arrive in such cases. This dedicated staffing �vill allow both CVPD and the SBCS
Advocate to have increased access to victims afrer the incident. The follo���ing business
day, the Advocate will follow-up with victims (alone or ���ith a CVPD Detective), set up
home visits ���ith those not sheltered and provide case management and additional
services to those placed in shelter. These visits will be coordinated �vith a Detective;
depending on the severin� of the abuse and if the perpetrator is still at large. Other SBCS
Advocate sen�ices include safety planning, support groups and counseling, Temporary
Restraining Order information and assistance, and transportation to a domestic violence
shelter.
Calendar Year 2012 DVRT Accomplishments
- Investigated 28� cases of suspected domestic violence
- A4ade contact and offer ad��ocacy to 100% of victims with cases assigned to the
unit
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- Provided advocac�. includina crisis inten�ention, resowce and referral assistance.
emereencv assistance, and/or restrainine order assistance to 31� victims
- Provided 4 trainine sessions to officers.�hiehlightine the DVRT process as �vell as
other aeencti-wide services available to the communin=
DECISION 114AKER CONFLICT
Staff has re��ie���ed the decision contemplated bti� this action and has determined that it is
not site specific and consequently the �00-foot rule found in Califomia Code of
Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not
independentl}� awaze, nor has staff been informed by anv City Councilmember; of any
other fact that mati� constitute a basis for a decision mal:er conflict of interest in this
matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Escellence, Economic
Vitalin�. Healthv Communit��. Strone and Secure Neishborhoods and a Connected
Community. The contractual agreement ���ith South Ba}� Communit}� Ser��ices supports
the eoal of Svong and Secure \teiehborhoods by pro��idin� specialized ��ictim assistance
to help reduce domestic ��iolence recidivism.
CURRENT I'EAR FISCAL I17PACT
Adoption of this resolution ���ill �vaive the formal competitive bid procedure and appro��e
a contractual agreement with South Bay Community Sen�ices to pro�ide sereices for
domestic ��iolence cases. The annual cost of domestic ��iolence response and ad��ocacy
sen�ices is �110;000. Since this amount is alread�• included in the Police Department's
adopted budget, there is no fiscal impact to the General Fund.
ONGOING FISCAL I14PACT
The initial period of the aereement ends 6G0/2014; which is subject to up to four one-
year extensions (throughy6/30/2018). Continuing domestic �iolence and ad��ocac}•
sen�ices from South Bay Communitti� Sen�ices beyond 6/30/2014 is contineent upon
mutual aereement of both parties.
ATTACHAZENTS
Aereement �vith South Ba}� Communih� Sen ices for pomestic Violence Response and
Ad��ocacv Services
Prepared bv� Jonathan Alegre. Principa!A�anagement Anal��st, Police Departmeni
9-3
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL COMPETITIVE B1D
PROCEDURE AND APPROVING THE CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES
FOR DOMESTIC VIOLENCE RESPONSE AND ADVOCACY
SERVICES
WHEREAS, since 1997, the City has �vorked with South Bay Community Services to
provide Domestic Violence Response and Advocacy services; and
WHEREAS, South Bay Community Services has partnered with the Chula Vista Police
Department since 198� and tailored their programs to meet the needs of the City; and their
experience, qualifications and communit}�presence make them a unique-service provider; and
WHEREAS, South Bay Community Services is the only Chula Vista-based organization
that provides Domestic Violence Response and Advocacy services to the community and
therefore they are a "single/sole source" service provider pursuant to Chula Vista Municipal
Code § 2.56.070(B)(4); and
WHEREAS, the Police Department requests that the City Council waive the formal
competitive bid procedure and approve the contractual agreement with South Bay Community
Semices to provide Domestic Violence Response and Advocacy services.
NOW, THEREFORE, BE IT RESOLVED, with the above findings incorporated herein;
by the City Council of the City of Chula Vista, that the formal competitive bid procedure is
hereby �vaived pursuant to Chula Vista Municipal Code § 2.56.070(B)(4) with regard to
Domestic Violence Response and Advocacy services provided by South Bay Community
Semices.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
approves the Agreement between the City of Chula Vista and South Bay Community Services to
provide Domestic Violence Response and Advocacy Services, in the form presented to the City
Council, as ma}� have been modified by the Council prior to its approval, a copy of which is on
file in the Office of the Cit}� Clerk; and authorizes the City Manager to execute the said
Agreement.
Presented by: Approved as to fonn by:
��%�- -
David Bejarano Glen R. Googins
Police Chief City Attomey
1:Wttomev\FINAL RESOS AND ORDTI�ANCES�013U? 10 13\RESO-POLICH-DVIL"I'2013-12J O.docs
I I/ZS/2013 9�U AD1 �
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THE ATTACHED AGREEn�I�'T HAS BEEI�' REVIE���ED
A\TD APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND V✓ILL BE
FORMALLY SIGNED UPOI�T APPROVAL BY
THE CITY COUI�TCIL
J
�.:��
Glen R. oeins
City Attomey
Dated: �z — 2 — l �
AGREEMENT
BET`VEEN
THE CITY OF CI�ULA VISTA A\TD
SOUTH BAY COMM(JNITY SERVICES
TO PROVIDE DOMESTIC VIOLENCE RESPOI�iSE AND
ADVOCACY SERVICES
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Agreement between
City of Chula Vista
and
South Bay Community Services,
To Pro��ide Domestic Violence Response and Advocacy Sen�ices
This agreement (Agreement), effective July 1, 2013, is between the City-related entity whose
name and business form is indicated on Exhibit A; Paragraph 2, (City); and the entity whose
❑ame, business form, place of business and telephone numbers are indicated on E�hibit A,
Paragraphs 4 through 6; (Consultant), and is made with reference to the following facts:
RECITALS
��rHEREAS, since 1997, the City has �vorked with South Ba�� Community Services
(hereinafter referred to as `'ConsultanP' to provide Domestic Violence Response and Advocacy
Services: and
«�HEREAS, Consultant has pamiered �vith the Chula Vista Police Department since
198� and tailored their programs to meet the needs of the City; and their experience,
qualifications and community presence make them a unique service provider; and
«�HEREAS, Consultant ���arrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
NOVI'; THEREFORE, for valuable consideration the Consultant hereby agrees to:
1) Provide ser��ices to families identified by the project, N�hich may include crisis
intervention, assessment, case management, individual group and family
counseling, confidential shelter or transition housing and remporary restraining
order assistance.
2) Provide follow-up services for victims in need of shelter and/or other critical
necessities according to protocol.
3) Pro��ide cooperation and information to ensure timely evaluation and
measurement of the components of the project.
4) Provide the Citp���ith documentation verifying its responses for the number of
victims served and the amount of hours warked by its employees under the
supplemental funding pro��ided by the City.
NOW, THEREFORE; for the services Consultant supplies to city residents; the Cih- hereby
agreesto:
1) Pro��ide annual funding in the amount of$1 10,000.
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Twn Partr.9grremrn!Re�weers the Ci(}�ofChula Vism and SouIG B�p�Commurulr Serrires tn proriAe Domestic 1-5olence Rrsponse nnA
Arlrorncy Serwres
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2) Prompth�notif�=the Proeram Employee of victims in need of ser��ices.
3) Participate injoint meetines between City Police staffand Consultant staffto
ensure effectiveness and utilization of resources.
The City and Consultant aaree to continue support of additional fundine opportunities to e�pand
this aereement in order to pro��ide the best sen�ice possible to families in need of professional
assistance.
All of the Recitals abo��e are incorporated into this A¢reement b��this referznce.
ARTICLE I. CONSULT.ANT'S OBLIGATIO\S
A. General
l. General Duties. Consultant shall perform all of the services described on Eshibit A,
Paragraph 7 (General Duties).
2. Scope of �V'ork and Schedule. In performing and deliverine the General Duties,
Consultant shall also perform the services, and deli��er to Cit�� the `'Deli�-erables"
described in E�hibit A; Paragraph 8, entitled "Scope of 1�'ork and Schedule;' accordine
to; and «�ithin the time frames set forth in Eshibit A. Paraeraph 8; time beine of the
essence of this a�reement The General Duties and the �+�ork and Deli�•erables required in
the Scope of�Vork and Schedule shall be referred to as the "Defined Ser��ices." Failure to
complete the Defined Sen�ices b�•the times indicated does not, e�cept at the option of the
Cin�. terminate this Aereement.
a. Reducno�u in Scope of Ii'ork. Cit�� ma�� independendy; or upon request from
Consultant, from time to time, reduce the Defined Sen�ices to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiatine a corresponding reduction in
the compensation associated with the reduction.
b. .4dditional Services. In addition to performine the Defined Services, City may
require Consultant to perform additional consultine ser��ices related to the Defined
Services (Additional Sen�ices), and upon doine so in writine; if they are �vithin the
scope of services offered by Consultant; Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Eshibit A,
Paraeraph l0(C); unless a separate fixed fee is otherwise aereed upon. AIl
compensation for Additional Sen�ices shall be paid monthl} as billed.
3. Standard of Care. The Consultant e�pressly �i�arrants that the �i�ork to be performed
pursuant to this Agreement, �vhether Defined Services or Additional Sen�ices, shall be
performed in accordance �ti�ith the standard of care ordinaril}• esercised b�� members of
the profession curzenth� practicina under similar conditions and in similar locations.
Pa�e 2
T�ro Pam�Agreement 8aween fhe Cip�ofChula L tsm and South Bap Cammunifp Sen�itts to provide Domeslir�io(ence Rupanse and�
.4drocaq•Senicet
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a. No IVarver ofStandard ofCare. Where approval by City is required; it is understood
to be concepmal approval only and does not relieve the Consultant of responsibility
for complying ���ith all la���s, codes, industry standards, and liability for damages
caused by neglieent acts, errors, omissions, noncompliance with industry standards,
or the �i�illful misconduct of the Consultant or its subcontractors.
B. Application of Laws. Should a federal or state la��� pre-empt a local law, or regulation, the
Consultant must compl}� with the federal ar state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local la���, regulation, or ordinance. If compliance with any provision of this
Agreement violates or �i�ould require the Consultant to violate any la�a, the Consultant aerees
ro notif}� City immediately in �ariting. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed ���ith or, if necessary; amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriatc measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable la���s, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months afrer completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
ma�� arise from or in connection �vith the perfonnance of the work under this Agreement
and the results of that ���ork by the Consultant, his agents, representatives, employees or
subcontractors, and pro��ide documentation of same priar to commencement of«�ork.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
6. Auto. Insurance Services Office Form Number CA 0001 coverine Automobile
Liabiliq�, Code 1 (any auto).
c. Yf�C. ���orkers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. EdO. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
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Two Parry�Agreement Uenrees the C+m ofChula DFsm arcd Souih Bav Commumtp Services fo pro�vAe Domuve NSolenre Hesponse und
Advacnn�Senvices
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3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table belo���:
i. General Liability: S1;000,000 per occurrence for bodil�� injurv, personal injur��,
(Includine (includin� death), and propem�damaee. IfCommercial General
operations, Liabilin• insurance with a seneral aeereeate limit is used:zither
products and the seneral aeereaate limit must applv separately to this
completed ProjecUlocation or the �eneral aeereeate limit must be n��ice the
operations; as required occurrence limit.
a licable)
ii. Automobile S1,000,000 per accident for bodily injury, includine death, and
Liabilit��: property damaQe.
iii. lVorkers' Stamtor��
Compensation 51,000;000 each accident
Employers �1;000,000 disease-policy limit
Liabilitv: �1.000.000 disease-each em lo��ze
i��. Professional �1.000.000 each occurrence
Liabilitv or Errors
& Omissions
Liabilitv:
4. Deductibles and Self-Insured Retentions. An}� deductibles or self-insured retentions must
be declared to and appro��ed by the Cit��. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the Ciq�;
its officers, officials; emplo�'ees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the Cit�� euaranteeing pa}�ment of losses and related
im�estioations; claim administration, and defense expenses.
�. Other Insurance Provisions. The eeneral liabilit��; automobile liabilit�•, and ���here
appropriate, the ���orker`s compensation policies are to contain, or be endorsed to contain;
the follo�vine pro��isions:
a. .Additio��al huureds. Cit�� of Chula Vista, its officers, officials, employees, aeents,
and ��olunteers are to be named as additional insureds �ti�ith respect to all policies of
insurance. includin� those with respect to liability arisine out of automobiles o«�ned,
leased; hired or borrowed by or on behalf of the Consultant, where applicable, and;
���ith respect to liabiliq� arising out of work or operations performed by or on behalf of
the Consultant, induding providin� materials, parts or equipment furnished in
connection ���ith such ���ork or operations. The eeneral liabilitv additional insured
co��eraee must be pro�•ided in the form of an endorsement to the Consultanrs
insurance usine ISO CG 2010 (11/8>) or its equi��alent. Specificalh�. the endorsement
must not esclude Products/Completed Operations co�-eraee.
Page �
Two Pa�t��.4greemm�Between tht Ciry•ofChula l�ism and South Bap Communiry'Services lo provide Doma�ic!tolenn Response and
Advotam Senicu
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b. Primarv hzsuruiice. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, aeents,
and volunteers. Any insurance or self-insurance maintained by the City, its offcers.
officials, employees, or volunteers is wholly separate from the insurance of the
Consultant and in no way relieves the Consultant from its responsibility ro pro��ide
insurance.
c. Cancellatioia The insurance policies required by this Agreement shall not be canceled
by either party, escept after thirty days' prior ���ritten notice to the City by certified
mail, retum receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the compan��, its
agents, or representati��es" shall be deleted from all certificates.
d. .9ctrve Negligeiace. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured �i�ould be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. I�'aiver ofSirbrogation. ConsultanYs insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liabilit}� and/or
Errors & Omissions coverage are written on a claims-made form:
a. Ren�o Da�e. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the �vork required by the Agreement.
b. Atarntenance nnd Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the �vork required by the
Agreement.
a Cm7ce11ation. If coverage is canceled or non-renewed, and not replaced ��ith another
claims-made policy form with a '`Retro Date" prior to the effective date of the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years afrer completion of the �vork required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for revie���.
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Tn•o PartJ�Agreemem Benve+tt lhe Ciq�afChuln I�ism arcd SouU�Rnr Conm�unil��Srn�ice.�lo prorirlr DanresLC I4olencr Rnponse�mA
Arh�ncrtn�Services
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7. Acceotabilitv of Insurers. Insurance is to be placed ��ith licensed insurers admitted to
transact business in the State of Califomia with a current .A.�9. Best`s ratine of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of Califomia List of Elieible Surplus Lines Insurers (LESLI) ���ith a curzent A.A4.
Best's ratine of no less than A �i. E�ception may be made for the State Compensation
Fund ���hen not specificalh� rared.
8. Verification of Coveraee. Consultant shall furnish the Cin ���ith orieinal cenificates and
amendatorv endorsements effectine coveraee required by Section I.C. of this Aereement.
The endorsements should be on insurance industry forms, pro��ided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before ���ork commences. The
City resen�es the rieht to require, at an�� time; complete; certified copies of all required
insurance policies, including endorsements evidencina the co��era�e required b�� these
specifications.
9. Subcontractors. Consultant must include all subconsultants as insureds under its policies
or fumish separate certificates and endorsements for each subconsultant. All coveraee for
subconsultants is subject to all of the requirements included in these specifications.
]0. \ot a Limitation of Other Oblieations. Insurance provisions under this Article shall not
be construed to limit the Consultant's oblieations under this Aereement, includine
Indemnity. �
D. Securitv for Performance
1. Performance Bond. In the event that E�hibit A, at Paraeraph 18; indicates the need for
Consultant to pro��ide a Performance Bond (indicated by a check mark in the
parenthetical space immediately precedin2 the subparagraph entided "Performance
Bond"); then Consultant shall provide to the City a performance bond; in the amount
indicated at Eshibit A; Paragraph 18, in the form prescribed by the City and by such
sure[ies �t�hich are authorized to transact such business in thz Sta[e of Califomia, listed as
approved by the United States Department of Treasury Circular �70;
http://��������.fins.treas.eov/c�70, and ���hose undern�ritins limitation is suff-icient to issue
bonds in the amount required b�� the Aereement, and ���hich also satisfy the requirements
stated in Section 99�.660 of the Code of Ci��il Procedure, except as provided othenvise
b}� laws or reeulations. All bonds siened by an agent must be accompanied by a certified
copy of such agent's authority to act. Sureh� companies must be duly licensed or
authorized in the jurisdiction in �vhich the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manaeer or Ciq�.
2. Letter of Credit In the e�-ent that Exhibit A, at Paragraph 18, indicates the need for
Consultant ro provide a Letter of Credit (indicated b�� a check mark in the parenthetical
space immediateh� precedine the subparaeraph entitled "Letter of Credir'); then
Consultant shall provide to the Cit�� an irre��ocable letter of credit callable by the Cit�� at
its unfettered discretion by submittin2 to the bank a letter, si2ned by the City Manager_
Pa�e 6
Te�o Pam'Ae�etmenl Bm.�een the Citp ofChu/a 1�sm and Sourh Bav Communiry Sen�ices ro provide Domalie 14olenn Respanse and�
Ad�rocary•Stnirts
9-11
stating that the Consultant is in breach of lhe terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney �ahich amount is indicated in the space adjacen[ to the term.
"Letter of Credit;" in Exhibit A, Paragraph ]8.
3. Other Securih�. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated b}� a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall pro��ide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
Ciri�Attornev.
E. Business License. Consultant agrees to obtai�� a business license from the City and to
otherwise compl}�with Title 5 of the Chula Vista Municipal Code.
ART[CLE IL CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of revie���ing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Eshibit A; Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days afrer authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
1. Followine Receipt of Billina. Upon receipt of a properly prepared bilLfrom Consultant,
submitted to the City as indicated in E�hibit A, Paragraph 17, but in no event more
frequendy than monthly; on the day of the period indicated in Exhibit A, Para�raph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" ❑ext to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shal] compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paraeraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or ��ouchers describing in detail the nature of the charees to
the Project in order to permit the Ciq� to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paraeraph 17(C) to be charged upon making such payment.
Paee 7
TM�o Parm Agreement Between the Cip�ofChula Disla unQ Soulh Hm•Cammm�iry•Services ro prov+Ae/lomeslrc Volenre Response anA
Arh�ocaq�Sen�ices
9-12
3. Exclusions. In determining the amount of the compensation City will exclude anv cost:
1) incurred prior to the effective date of this Aereement or 2) arisine out of or related to
the erzors, omissions. neelieence or acts of willful misconduct of the Consultant. its
agents; emplo��ees, or subcontractors.
a. Errors ond Omissrons. In the event that the Cit�• Administrator detertnines that
the Consultant`s ne¢ligence; errors, or omissions in the performance of �vork
under this Aereement has resulted in e�pense to Cirv greater than would have
resulted if there ���ere no such neslieence, errors, omissions. Consultant shall
reimburse City for am• additional expenses incurzed by the City. \'othins in this
paragraph is intended to limit Cin�'s riohts under other pro��isions�of this
Aoreement.
�{. Pa�ment Not Final Approval. The Consultant understands and aerees that pa}�ment to the
Consultant for any Project cost does not consti[ute a Cit}• final decision about whether
tha[ cost is allowable and elieible for pa}�ment under the Project and does not constitute a
wai��er of am� ��iolation of Consultant of the terms of the Aereement. The Consultant
ackno�vledees that Citv will not make a final determination about the elieibilirv of am�
cost until the final payment has been made on the Project or the results of an audit of the
Project reques[ed b�� the Cin� has been completed; whiche��er occurs latest. If City
determines that the Consultant is not entided to receive an�� portion of the compensation
due or paid, Cit�•�vill notifi•the Consultant in ���ritine; statine its reasons. The Consultant
agrees that Project closeout ���ill not alter the Consultant's responsibiliry ro return any
funds due Cit>� as a result of later refunds; corrections, or other similar vansactions; nor
���ill Project closeout alter the riaht of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other revie���.
a. Co�utdrant's Obligatron to Pm�. Upon notification to the Consultant that specific
amounts are owed to City, ���hether for excess payments or disallowed costs, the
Consultant agrees to remit to City prompth� the amounts owed, includine applicable
interest.
ARTICLE III. ETHICS
A. Finaucial Interests of Consultant
1. Consultant is Desienated as an FPPC Filer. If Consultant is designated on Exhibit A.
Paragraph 14; as an "FPPC filer,` Consultant is deemed to be a "Consultanr' for the
purposes of the Political Reform Act conflict of interest and disclosure pro��isions, and
shall report economic interests ro the City Clerk on the required Statement of Economic
Interests in such reporting cateeories as are specified in Paraeraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attome}•.
Z. \'o Particioation in Decision. ReQardless of�rhether Consultant is designated as an FPPC
Filer; Consultant shall not make, or participate in makin� or in an}� ���ay attempt to use
Consultant's position to influence a go��emmental decision in which Consultant I:no���s or
Paee 8
Two Panv.4g�eemenl Betwem rhe Ciq�ofChula I�sm and South Bap Communin�Serrmeslo proride Domatic Yia(mtt Respaue and
Ad�rocacp SenTCes
9-13
has reason to kno��� Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of�vhether Consultant is desi�nated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promuleated by the Fair Political Practices Commission; and has
determined that Consultant does not, to the best of Consultant's kno�i�ledee, have an
economic interest which �vould conflict �i�ith Consultant's duties under this Agreement.
4. Promise Not to Acquire Conflictine Interests. Regardless of ���hether Consultant is
designated as an FPPC Filer; Consultant further �varrants and represents that Consultant
H�ill not acquire, obtain, or assume an economic interest during the term of diis
Agreement ��hich would constitute a co��ilict of interest as prohibited by the Fair Political
Practices Act.
5. Dut�� to Advise of Conflictine Interests. Regardless of whether Consultant is designated
as an FPPC Filer; Consultant further warrants and represen[s that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. �ecific ��'arranties A�ains[ Economic Interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor ConsultanYs immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any interest; directly or
indirectly, �i�hatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the ezterior boundaries of any
property �vhich may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in E�hibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
re�i�ard or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
hveh�e months thereafter.
a Consultant Associates shall not acquire any such Prohibited Interest within the Term
of [his Agreement, or for h��eh�e monlhs afrer the expiration of this Agreement;
except���ith the written permission of City.
d. Consul[ant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in co��flict with Consultant's responsibilities under
this Agreement, except ���ith the written permission of City.
Page 9
Two Parry•.9greemen(Between the Qp•ofChu(a 15sm and Sourh BnJ�Commuttiry�Services la proride Domestic I ialenn Respanse and
.4dvocacp Sen��ces
9-14
IV. LIQUIDATED DAMAGES
A. Application of Section. The pro��isions of this section apply if a Liquidated Damaees Rate
is pro�•ided in Exhibit A; Paragraph 13.
1. Estimatine Damaees. It is acl:rio���ledeed by both parties that time is of the essence in the
completion of this Aoreement. It is difficult to estimate the amount of damaees resultine
from delap in performance. The parties have used theirjudament to arri��e at a reasonable
amount to compensate for delay.
2. Amount of Penaltv. Failure to complete the Defined Ser��ices �vithin the allotted time
period specified in this Aereement shall result in the follo���ine penalty: For each
consecutive calendar day in escess of the time specified for the completion of the
respective �vork assignment or Deli��erable; the Consultant shall pay to the City, or have
H�ithheld from monies due, the sum of Liquidated Damaoes Rate pro��ided in Exhibit A,
Paragraph 13 (Liquidated Damaees Rate).
3. Request for Estension of Time. If the performance of any act required of Consultant is
directly prevented or dela��ed b�• reason of strikes, lockouts, labor disputes, unusual
go��ernmental delays, acts of God; fire, floods, epidemics; freieht embareoes, or other
causes be��ond the reasonable control of the Consultant, as determined bv the Cirv.
Consultant shall be e�cused from performine that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a dela�•. the Consultant shall notifj the Cit�'s Contract Administrator; or desienee, in
writine of that fact �ti�ithin ten calendar days after the be�inning of any such claimed
delay. Extensions of time ���ill not be granted for delays to minor portions of��•ork unless
it can be shoan that such dela��s did or ���ill delay the progress of the ���ork.
ARTICLE V. II�TDEn�'IFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. Escept for liabilit�� for Desien Professional Ser��ices covered
under Article Y.; Section A.2.; Consultant shall defend; indemnify, protect and hold
harmless the Cin�; its elected and appointed officers, aeents and employees, from and
against any and all claims; demands, causes of action, costs, expenses, liabilitv; loss,
damaee or injury; in la�a or equit��; to propert}� or persons. includine ���roneful death; in
any manner arising out of or incident to any alleeed acts, omissions, ne�lieence, or
�aillful misconduct of Consultant, its officials, officers, employees, agents, and
convactors, arisine out of or in connection ���ith the performance of the Defined Services
or this Agreement This indzmnin� pro��ision does not include any claims, dama�es,
liability; costs and expenses (includine without limitations, attorne��s fees) arising from
the sole negli�ence; active neslieence or �villful misconduct of the City; its officers, �
emplo��ees. Also co��ered is liabilin� arising from; connected with, caused by or claimed
to be caused by the acti��e or passi��e neelieent acts or omissions of the Cin�, its aeents;
PaQe 10
Tn�o Pa�p•Agreemenl8mvetn the Ciq�of Chula l9sm and Soulh Bap Communit}�Sen�ires ro p�m�ide Domatir�7olmct Ruyanse und
Advotary S<nicu
9-15
officers; or employees which ma�� be in combination ���ith the active or passive neeligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
2. Desien Professional Ser��ices. If Consultant provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Consultant shall defend, indemnify and hold the Cit}�, its officials, officers, employees,
volunteers; and aeents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in la�v or equity, to property or
persons, including ���rongful death, in any manner arising out of, pertaining to, or relating
to the neelieence; recklessness; or ���illful misconduct of Consultant, its officials; officers,
employees, agents, consultants, and contractors arising out of or in connection �i�ith the
performance of Consultant's services. ConsultanYs duty to defend, indemnify, and hold
harmless shall not include anv claims or liabilities arising from the sole negligence, active
negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the ConsultanYs obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost; expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment,
a���ard or decree that may be rendered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all related legal espenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
emplo��ees, agents, and/or volunteers.
�. Declarations. Consultant's obligations under Article V shnll not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultan['s obligations under Article V shall survive the termination of this
Agreement.
ARTICL� VI. TERMINATION OF AGRE�MENT
A. Terminatiou for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the rieht
to terminate this Agreement by giving written notice to Consultant of such termination and
specif��ine the effective date thereof at least five (5) days before the effective date of such
Paoe 11
Two Pa�q•Agreemen!Between the Citp ofChula Vsm and Svulh Bm•Cnmmumb�Semices to p�or�de Damesiic Violenre Rrsponse«nQ
ArA�ocncy Senvices
9-16
termination. In that event, al] finished or unfinished documents, data, studies, surveys;
drawines; maps; reports and other materials prepared by Consultant shall; at the option of the
Cin�; become the property of the Cit}�; and Consultant shall be entided to receive just and
equitable compensation; in an amount not to exceed that pa��able under this Agreement and
less an�• damaees caused Cit� b�' Consultant's breach, for an�� work satisfactoril}� completed
on such documents and o[her materials up to the effecti��e date of Notice of Termination.
B. Termination of Agreement for Concenience of Cit��. Cin� ma�� terminate this Aereement
at any time and for any reason; by ei��ina specific ���ritten notice to Consultant of such
termination and specifyine the effecti��e date thereof. at least thirt�� (30) da��s before the
effective date of such termination. In that e��ent, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the Citv; become Cit�•'s sole and
exclusive propem�. If the Aareement is terminated by City as pro��ided in this paraeraph,
Consultant shall be entitled to recei��e just and equitable compensation. in an amount not to
esceed that payable under this Aereement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
espressh• �+�ai��es an�� and all claims for damaees or compensation arisina under this
�greement escept as set forth in this section.
ARTICLE VII. RECORD RETEN7"[ON AND ACCESS
A. Record Retention. Durine the course of the Project and for three (3) years follo���ina
completion, the Consultant aerees to maintain, intact and readily accessible, all data,
documents, reports; records, contracts, and supportina materials relating to the Project as Citv
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit;
and require its subcontractors to permit Cit}� or its authorized representati��es; upon request,
to inspect all Project work, materials, pa}�olls, and other data, and to .audit the books,
records; and accounts of the Contractor and its subcontractors pertainine to the Project.
C. Project Closeout. The Consultant aerees that Project closeout does not alter the reportine
and record retention requirements of this A�reement.
ARTICLE \'III. PROJECT COA4PLETION, AUDIT; .A\'D CLOSEOUT
A. Project Completion. R'ithin nineq� (90) calendar days follo�vine Project completion or
termination b}� Cit��, Consultant aerees to submit a final certification of Project expenses and
audit reports; as applicable.
B. Audit of Consultants. Consultant aerees to perform financial and compliance audits thz
City may require. The Consultant also aerees to obtain anv other audits required by City.
Consultant aarees that Project doseout �vill not alter Consultant's audit responsibilities. Audit
costs are allo�vable Project costs.
Paee 12
7n�o Pa,q•Agreement Bttx�em Ihe Cip�ofChula�ism and Somh Ba}•Communit��Serviav Io provide Doma(ic l�o(ence Rerponte wd
.4dvotary•Senicet
9-17
C. Project Closeout. Project closeout occurs ���hen CitY notifies the Consultant that City has
closed the Project, and either forN-ards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed b�� the Agreemen[ or any unmet
requirements set forth in a ���ritten notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign an�� interest in this Aereement, and shall not transfer any interest in the same (whether
by assisnment or notation), �vithout prior written consent of City.
1. Limited Consent City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
'`Permitted Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. All reports; studies,
information, data, s[atis[ics, forms, designs, plans, procedures, svstems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in ��hole or in part under this
Agreement shall be subject to private use, copyrigh[s or patent rights by Consultant in the
United States or in an�- other country ���ithout the express written consent of City. City shall
have unrestricted authority[o publish, disclose (ekcept as may be limited by the provisions of
the Public Records Act), distribute, and other�vise use, copyright or patent, in whole or in
part, any such reports; studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. Ciry is interested only in the results obtained and Consultant shal]
perform as an independent contractor ���ith sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents;
emplo��ees or representatives are, for all purposes under this Aereement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to ���hich City employees are entitled including but not limited to,
overtime, retirement benefits, ���orker's compensation benefits, injury leave or other leave
benefits. Therefore, City �vill not withhold state or federal income tax, social security tax or
any other payroll ta�, and Consultant shall be solely responsible for the payment of same and
shall hold the City hannless���ith regard to them.
1. Actions on Behalf of Cin�. Escept as Ciq� n�ay specify in ���riting, Consultant shall have
no authority, e�press or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, eYpress or implied, to bind
Cit}�or its members, agents, or employees, to any obligation ���hatsoever, unless expressly
provided in this Agreement.
PaQe li
Tn�o Parry•Agreemenl Betwem rhe Ciq�o/'Chu/u 4islu and Soulh Bar Cammum(p Serv�res m prmvde DomesLe t iolenee Rzsportse und
.4dvocnn•Sen�ices
9-18
2. \'o Obliaations to Third Parties. In connec[ion ���ith the Project; Consultant asrees and
shall require that its aQents, emplo��ees, subcontractors aeree that City shall not be
responsible for any obligations or liabilities to any third part}�, includine its aeents.
employees; subcontractors, or other person or entit�� that is not a pam• ro this Aereement.
\'ornithstandin� that Cit�• ma� have concurred in or appro�•ed am• solicitation,
subaereement, or third part}� contract at any tier; Cit}� shall have no obligation or liabilit��
to am�person or entity not a party to this Agreement.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
broueht arisine out of this Aereement, against City unless a claim has first been presented in
�~ritine and filed �vith City and acted upon by City in accordance with the procedures set
forth in Chaprer 13� of the Chula Vista A•tunicipal Code. as same ma}• from time to time be
amended; the provisions of which are incorporated by this reference as if full�- set forth
herein, and such policies and procedures used b}� City in the implementation of same. Upon
request b�� Ciro; Consultant shall meet and confer in eood faith �vith City for the purpose of
resolvina an}�dispute over the terms of[his Agreement.
E. Administration of Contract. Each pam� desienates the indi��iduals (Contrac[
Administrators) indicated on Exhibit A; Paraeraph 12, as that pam's contract administrator
�cho is authori2ed by the party to represent it in [he routine administration of this Aereement.
F. Term. This Agreement shall terminate ���hen the parties ha��e complied �vith all e�ecuton�
pro��isions hereof.
G. Attorne}�'s Fees. Should a dispure arising out of [his Asreement result in litieation, it is
aareed that the prevailine pany shall be entitled to a judgment aaainst the other for an
amount equal to reasonable attome��s' fees and couR costs incurred. The "prevailine pam�'
shall be deemed to be the part����ho is a�varded substantially the relief souoht.
H. Statement of Costs. In the even[ that Consultant prepares a report or document, or
panicipates in the preparation of a report or document in performing the Defined Sen�ices,
Consultant shall include. or cause the inclusion of; in the report or document. a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relatin� to the
preparation of the report or document.
l. Consultant is Real Estate Broker and/or Salesman. Ifthe box on Eshibit A; Para�raph 1�
is marked; the Consul[ant and/or its principals is/are licensed H�ith the State of Califomia or
some other state as a real estate broker or salesperson. Othern�ise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
J. \otices. All notices; demands or requests provided for or permitted to be ei��en pursuant to
this Aareement must be in writin�. .4ll notices; demands and requests to be sent to an}� part��
shall be deemed to ha��e been properlq given or sen�ed if personally ser��ed or deposited in
the United States mail, addressed to such party. postaee prepaid; reeistered or cenified: with
retum receipt requested; at the addresses identified in this A�reement as the places of
business for each of the desienated parties.
Paee 14
Tw�o Part�•Agrrement Bero�een rhe Ciry�o�Chula 1 rsm and Somh Bay Communiq�Serrices m proride Domestic 14olente Response and
Adrorap•Serviees
9-19
K. Integration. This Aereement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding bet���een the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, ���aived or discharged e�cept by an instrument in writing esecuted by the
party aQainst which enforcement of such amendment, �vaiver or discharge is sought.
L. Capacity of Parties. Each sienatory and party to this Agreement warrants and represenu to
the other party that it has le�al authority and capaciry and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been tahen so as
to enable it to enter into this Agreement.
M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the la�vs of the State of Califomia. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County;
State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Nezt page is signature page.)
Paee 15
Twa Parp�.9greemen!Between(he Cil�•ofChulo[Qsm and Soulh BnJ�Comn�unip�Services m praviAe Domevic V�olence Response nnd
AAvarncr Sen�ices
9-20
Signature Page
to
,�greement bericeen
Cih� of Chula Vista and
South Ba�� Communitc Sen�ices
To Pro�•ide Domestic Violence Response and Ad��ocac}� Ser��ices
I\' ��%IT'NESS �\'HEREOF, City and Consultant ha�-e e�ecuted this Aareement,
indicatine that the�• have read and understood same, and indicate their full and complete consent
to its terms:
Citv of Chula Vista
B v:
Chen•I Cos. �4avor
Attest:
Donna Norris. Cit�� Clerk
Approved as to form:
Chance Hawkins; Deputy City Attornev
South Ba��Communit�� Sen�ices
B��:
Kathrvn Lembo. Executive Director
Eshibit List to A2reement: E�hibit A
Eshibit B — Response Times Summary, Secondary Victims Sen-ed
Summar�� and Victim Service Summar�•
Pa�e 16
Txo Pam dg�eemeN Bm.�een the Cii��ofChula f�sm and Soulh Bar Cononuniry�Servicu�o p�oride Domalit Piolmae Respanse and
Advo[acy'SenTCv
9-21
Exhibit A
to
Agreement between
Cih' of Chula Vista
and
South Bay Community Services
1. Effective Date: The Agreement shall take effect upon full eaecution of the Agreement, as of
the effecti��e date stated on page 1 of the Agreeme��t.
2. Cit}'-Related Entity:
(X) City of Chula Vista; a municipal chartered corporation of the State of California
O The Chula Vista Public Financing Authority, a
O The Chula V ista Industrial Development Authority, a
( ) Other: , a [insert business form�
(City)
3. Place of Business for Ciri�:
City of Chula V ista
Police Department
315 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: South Bay Communiry Services
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(,\') Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
430 F Street
Chula Vista. CA 91910
Phone: (619) 420-3620
Fax: (619) 420-8722
PaQe 17
Two Parq�Agreemem Between(he Qtp ojChu/a I'ista rtnd Soulh 8ar Commur�il��Servires to prmdde Uomesric l�Salence Rrsponse and
.4d�nrntt�Sen�iC¢e
9-22
7. General Duties: SBCS ���ill provide a domestic violence support proeram for victims in need.
8. Scope of R'ork and Schedule:
A. Detailed Scope of�1'ork:
SBCS Shall:
1. Provide Communitv Assessment �\rorkers for the Domestic Violence
Response Team 24-hours a da}�, seren da�•s a�ti�eek; to respond to calls from
Chula Vista Police Department officers.
2. Pro��ide services to families identified b}�the project, ���hich ma�� include
crisis intervention, assessment, case management, individual eroup and
famih�counseline, confidential shelter or transition housine and temporan�
restrainins order assistance.
3. Pro��ide cooperation and information for e��aluation and measurement of
components of the project.
4. Provide the Ciq-�vith documentation verif}�ine its responses for the number
of victims sen�ed and shall provide the City�vith a summary of these
statistics when the supplemental fundin� ends as pro��ided for in Eshibit B
attached hereto (forms summarizins statistics on Response Times Summary;
Secondary Victims Sen�ed Summan� and Victim Service Summarv).
5. Provide the City with documentation e��er�- si� (6 months) durine this
contract that ���ill detail the follo���ins: 1) how the fundine was used ro
support the Domestic Violence Response Team; 2) �ti�hat SBCS`s costs are
for each of the assiened employees in terms of their hourlv rate (�+�aees and
benefits, etc.).
B. Date for Commencement of Consultant Services:
(X)Same as Effecti��e Date of Agreement
( ) Other:
C. Dates or Time Limi[s for Deli�-er�-of Deliverables:
Deli��erable \'o. ]:
Deliverable \'o. 2:
Deliverable ?�`o. 3:
Pa�e 1 S
T��o Parrc Agreement Bm.em the Cirp ofChu(a 1 rsm and Soulh 8a��Communin�Sen•ites ro pracide Domalic 15olener Resyonse and
Advocary S[nicu
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D. Date for completion of all Consultant ser��ices: 6/30/2014, subject to up to four one-�-ear
e�tensions (throueh 6/30/20]8) b}�mutual agreement of both parties.
9. Materials Required to be Supplied by City to Consultant:
Consultant shall provide all of their own office supplies, forms, internet connection, and
other materials deemed necessary to complete the scope of work as defined in this agreement.
Further; consultant ���ill take necessar}� steps to ensure that any large scale document duplication
needs (an}�thing other than routine copies) shall be done offsite and not on the Police Department
copy machines.
10. Compensation:
A. (X)Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fi�ed Fee Amount: �1 10,000 per year, payable as follows:
Quarterl}� installments of$27,�00 per quarter.
Milestone or Event or Deli��erable Amount or Percent of Fised Fee
O 1. Interim Monthly Ad��ances. The City shall make interim monthly ad��ances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if fhe Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
foRh in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall ha��e represented in H�riting that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly ad��ances shall not convert this agreement to
a time and materials basis of pa}�ment.
B. ( ) Phased Fi�ed Fee Arrangement.
Paee 19
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For the performance of each phase or portion of the Defined Sen�ices bv Consultant as are
separateh� identified belo���, Cit}• shall pay the fixed fee associated ��ith each phase of Services,
in the amounts and at the times or milestones or Deli��erables set fonh. Consultant shall not
commence Services under any Phase; and shall not be entitled to the compensation for a Phase,
unless Citv shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. S
2. $
3. S
O L Interim Monthl}� .Ad��ances. The City shall make inte�im monthl}• ad��ances
against the compensation due for each phase on a percentage of completion basis for
each eiven phase such that, at the end of each phase only the compensation for that
phase has been paid. .Any payments made hereunder shall be considered as interest
free loans that must be returned to the Citv if the Phase is not satisfactorih•
completed. If the Phase is satisfactoril}� completed. the Cin• shall recei�•e credit
aeainst the compensation due for that phase. The retention amount or percenta�e set
forth in Paraeraph 18 is ro be applied to each interim pa}�nent such that; at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percenta�e of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator desienated herein b�•the City; or
such other person as the City �4anager shall desienate� but onl�� upon such proof
demanded by the City that has been pro��ided, but in no e�•ent shall such interim
advance pa��nent be made unless the Consultant shall have represented in �ti�ritins that
said percentaee of completion of the phase has been performed by the Consultant.
The practice of makine interim monthly advances shall not com�ert this a�reement to
a time and materials basis of pa��nent.
C. ( ) Hourl��Rate Arrangement
For performance of the Defined Services bv Consultant as herein required, City shall pati,
Consultant for the producti��e hours of time spent b}� Consultant in the performance of said
Services. at the rates or amounts set forth in the Rate Schedule herein belo�v according to the
followina terms and conditions:
(1) O Not-to-Exceed Limitation on Time and Materials Arrangement
Noavithstandine the e�penditure b�� Consultant of time and materials in escess of said
A4aximum Compensation amount, Consultant agrees that Consultant ���ill perform all of
the Defined Services herein required of Consultant for $
includin� all Materials, and other"reimbursables ` (Ma�imum Compensation).
Paee 20
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(2) O Limitation �i�ithout Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (Authorization Limit), Consultant shall not be entitled to
any additional compensation without further authorization issued in writine and appro��ed
bv the City. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's o�vn cost and expense. See Ezhibit B for wage rates.
O Hourly rates may increase bv 6% for services rendered after [month], 20_, if delav
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket espenses incurred by Consultant in the performance of ser��ices
herein required, City shall pa�� Consultant at the rates or amounts set forth below:
(.l')None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ $
( ) Copies, not to esceed $ $
( ) Travel, not to exceed $ $
( ) Printing, not to esceed $ $
( ) Postage, not to exceed $ $
( ) Delivery, not [o exceed $ $
( ) Outside Services: $
O Other Actual Identifiable Direct Costs: $
, not to exceed $ $
, not to exceed $ $
12. Contract Administrators:
City: Edward Chew, Administrative Services Manager, City ofChula Vista
Consultant Kathryn Lembo, E�ecutive Director, South Bay Community Services
13. Liquidated Damages Rate:
( ) $ per day.
( ) Other.
Paee 21
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14. Statement of Economic Interests; Consultant Reponine Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(S)\'ot .Applicable. Not an FPPC Filer.
( ) FPPC Filer
O Cateeor}�\'o. 1. Investments; sources of income and business interests.
O Cateeory I�'o. 2. Interests in real propert��.
O Cateeon• No. 3. Investments, business positions, interests in real property, and
sources of income subject to the reeulatory, permit or licensine authorin� of the
department administerine this Agreement.
O Categor}�A'o. 4. Investments and business positions in business entities and sources of
income that en�age in land development, construction or the acquisition or sale of
real property.
O Categon• \'o. �. Investments and business positions in business entities and sources
of income that, ���ithin the past t���o years. have contracted �i�ith the City of Chula
Yista or [he Cin�`s Redevelopment Aeenc�� to pro��ide services. supplies, materials,
machinerv or equipment.
O Cateoor��No. 6. Investments and business positions in business entities and sources of
income that, �vithin the past two vears; have contracted with the department
administering this Aereement to pro��ide sen�ices; supplies, materials; machinery or
equipment.
O List Consultant Associates interests in real propem• �vithin 2 radial miles of Project
Propert}�. ifan��:
15. O Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None ���ithout espress ���ritten authorization from Cin�.
Paee 22
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Ad�rocary Services
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17. Bill Processing:
A. Consultant's Billing to be submitted far the follo�i�ing period of time:
( ) Monthh�
(X) Quarterh�
( ) Other:
B. Da}�of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 1�th Day of each Month
(X)End of the Month
( ) Other:
C. Cit��'s Account Number: 14350-6301
18. Securit�� for Performance
( ) Performance Bond, �
( ) Letter of Credi[, $
( ) Other Security:
Type:
Amount: $
O Retention. If this space is cheched, then notwithstanding other provisions to the contrary
requirin� the pa}�ment orcompensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
AmounY until the City determines that the Retention Release Event, listed belo���, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
Retention Release Event:
O Completion of All Consultant Services
( ) Other:
O Other: The Retention Amount may be released on a monthly basis provided [hat
Consultant has performed said monthly services to the sole satisraction of the Assistant City
Manager/Director of Development Services or his designee.
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Two Parry Agrrement Befween�he G(v ojCHuln l'ism nnASou�h Bm�Cnmmuniry�Services(n proriAe Domeslic Violence Response anA
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