HomeMy WebLinkAbout2007/09/25 Item 6
CITY COUNCIL
AGENDA STATEMENT
:$'Yf:. em OF
n:<:~ (HULA VISTA
09/25/2007
Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ACCEPTING $42,660 FROM
THE GOVERNOR'S OFFICE OF EMERGENCY
SERVICES AND APPROPRIATING FUNDS THEREFOR,
WAIVING THE CONSULTANT SELECTION PROCESS
AND APPROVING THE CONTRACTUAL AGREEMENT
WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE
CASES. n _
CHIEF OF POLI~/,1
CITY MANAGER
/;
,
ITEM TITLE:
4/5THS VOTE: YES X NO
BACKGROUND
The primary goal of the Domestic Violence Response Team (DVRT) Grant is to fund staff
to provide immediate response crisis intervention services following a domestic violence
incident, and to provide advocacy and accompaniment services to domestic violence
victims throughout the criminal justice and civil legal process. The DVRT must also
collaborate with and coordinate efforts with multidisciplinary teams/organizations serving
clients in common to ensure a continuum of care.
DVRT refers to a team that includes a domestic violence advocate and a law enforcement
representative. It may also include a domestic violence deputy district or city attorney, a
probation officer, and a hospital representative or health care provider. The DVRT is
designed to immediately respond to the secured scene of a domestic violence incident in
person or by telephone when requested by law enforcement and provide crisis intervention
services. If law enforcement does not request immediate response, the DVRT advocate
must follow-up with the domestic violence victim within 48 hours of notification of the
incident from law enforcement to provide intervention services.
The Police Department and South Bay Community Services have been working in
partnership for the past ten years providing domestic violence services to the community.
Adoption of this resolution will accept a grant amendment from the Governor's Office of
Emergency Services to extend the Domestic Violence Response Team funding from June
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09/25/2007, Item~
Page 2 of3
30, 2007 to December 31, 2007 and approve a contractual agreement with South Bay
Community Services to provide services for domestic violence cases.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will not
result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3)
of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That Council adopt the resolution accepting $42,660 from the Governor's Office of
Emergency Services for the Domestic Violence Response Team Grant, amending the
Police Grant Fund budget by appropriating $40,628 to the 'supplies and services' category
for subcontracted costs and $2,032 to the 'other expenses' category for indirect costs, and
approving the contractual agreement with South Bay Community Services to provide
services for domestic violence cases.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Chula Vista Police Department (CVPD) has received a grant amendment for the
Domestic Violence Response Team Grant. The Governor's Office of Emergency Services
(OES) has extended the grant from June 30, 2007 to December 31,2007.
Since 1985, CVPD and South Bay Community Services (SBCS) have partnered 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 services, the DVRT program was expanded in
October 2003 with the addition of two full-time SBCS Advocates working on site at
CVPD. The OES grant has funded advocacy services since FY 2003/2004, and the grant
extension will continue to do so until December 31, 2007. Continuing services of the two
additional Advocates beyond December 31, 2007, is contingent upon additional grant
funding to support the program.
Because of the established working relationship with SBCS, CVPD is seeking to waive the
consultant selection process and approve the contractual agreement with SBCS to provide
services 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 service provider.
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09/25/2007, Item~
Page 3 00
The Domestic Violence Response Team consists of detectives from the Family Protection
Unit of the Police Department and Advocates from South Bay Community Services. The
Advocates work closely with the Detectives, provide more intensified follow-up services
after the violent incident, and help prevent the need for further intervention by law
enforcement. SBCS' Advocates are mandated to provide 24-hour immediate mobile crisis
intervention in response to 911 calls to the CVPD on all family violence cases involving
children. Immediate response is construed to mean 20 minutes and current average
response time is 19-22 minutes. SBCS emergency staff meets CVPD officers at the scene
of domestic violence 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 staffmg will allow both CVPD and the SBCS Advocate to have
increased access to victims after the incident. The following business day, the Advocate
will follow-up with victims (alone or with a CVPD Detective), set up home visits with
those not sheltered and provide case management and additional services to those placed in
shelter. These visits will be coordinated with a Detective, depending on the severity of the
abuse and if the perpetrator is still at large. Other SBCS Advocate services include safety
planning, support groups and counseling, Temporary Restraining Order information and
assistance, and transportation to a domestic violence shelter.
FY 2006/2007 DVRT Accomplishments
Investigated 1,787 cases of suspected domestic violence
Made contact and offer advocacy to 100% of victims with cases assigned to the
unit
Provided advocacy, including crisis intervention, resource and referral assistance,
emergency assistance, and/or restraining order assistance to 973 victims
Provided 8 training sessions to officers, highlighting the DVRT process as well as
other agency-wide services available to the community
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 1 8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
The grant amendment from the Governor's Office of Emergency Services in the amount of
$42,660 will completely offset the South Bay Community Services subcontracting costs of
two full-time Advocates from July 1, 2007 to December 31, 2007. Continuing services of
the two Advocates beyond December 31, 2007 is contingent upon additional grant funding
from the Office of Emergency Services to support the program. This is a one-time
appropriation. As additional grant funds are secured, the Department will bring forward
additional requests for further funding of these positions.
ATTACHMENTS
Agreement with SBCS for Domestic Violence Response and Advocacy Services
Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department
6-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $42,660 FROM THE
GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND
APPROPRIATING FUNDS THEREFOR, WAIVING THE
CONSULTANT SELECTION PROCESS AND APPROVING
THE CONTRACTUAL AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES TO PROVIDE SERVICES FOR
DOMESTIC VIOLENCE CASES.
WHEREAS, the Governor's Office of Emergency Services has approved a
grant amendment for the Domestic Violence Response Team; and
WHEREAS, the grant amendment has increased funding by $42,660 and
has extended the end date from June 30, 2007 to December 31,2007; and
WHEREAS, the Police Department is seeking to waive the consultant
selection process as South Bay Community Services has partnered with the Police
Department since 1985 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
WHEREAS, acceptance of this grant amendment will offset the cost of
subcontracting services of two South Bay Community Services Advocates for the
period of July 1,2007 to December 31, 2007; and
WHEREAS, the Domestic Violence Response Team will provide advocacy,
crisis intervention, resource and referral assistance, emergency assistance and/or
restraining order assistance to the community.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $42,660 from the Governor's Office of Emergency
Services for the Domestic Violence Response Team and amend the Police Grant
Fund budget by appropriating $42,628 to the supplies and services category for
subcontracted costs and $2,032 to the other expenses category for indirect costs.
BE IT FURTHER RESOLVED THAT the Mayor of the City of Chula Vista is
hereby authorized to execute the Agreement on behalf of the City of Chula Vista.
Ichard P. Emerson
Police Chief
Approved as to form by:
9/M~
;i nn Moore .
City Attorney
6-4
THE ATTACHED AGREEl\1ENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated:
q Ilg IUJD7
/ /
Agreement Between the City of Chula Vista
and
South Bay Community Services for
Domestic Violence Response and Advocacy Services
6-5
Agreement between
City of Chula Vista
and
South Bay Community Services
for Domestic Violence Response and Advocacy Services
This agreement ("Agreement"), dated 09/25/2007 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose
place of business and telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, since 1997, the City has worked with South Bay Community Services
to provide Domestic Violence Response and Advocacy services; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement.
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deiiverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred
to as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services 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 negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within 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 Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V' or better, or shall meet with the approval of the City:
Consultant must procure insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
under the contract and the results of that work by the consultant, his agents,
representatives, employees or subcontractors and provide documentation of same prior to
commencement of work. The insurance must be maintained for the duration of the
contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001) in the amount set forth in Exhibit A, Paragraph 9.
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance in the amount set forth in the attached Exhibit A,
Paragraph 9.
4. 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 in the amount set forth in Exhibit A, Paragraph 9.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the consultant will provide a financial guarantee satisfactory to the City
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guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned,leased, hired or borrowed by or on behalf of the consultant,
where applicable, and, with respect to liability arising out of work or operations
performed by or on behalf of the consultant's including providing materials, parts
or equipment furnished in connection with such work or operations. The general
liability additional insured coverage must be provided in the form of an
endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its
equivalent.
2. The consultant's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the
Civil Code.
5. Consultant's insurer will provide a Waiver of SUbrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If Errors & Omissions coverage are written on a claims-made form:
1. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective
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date, the Consultant must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current A.M. Best's rating of no less than A-V. If the insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible
Surplus Lines Insurers (LESLI) and be A.M. Best's rated A-V.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements or policies conform to the contract
requirements. All certificates and endorsements are to be received and approved by the
City before work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, inCluding endorsements evidencing the
coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish
separate certificates and endorsements for each sub-consultant. All coverage for sub-
consultants is subject to all of the requirements included in these specifications.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
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H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, htto:/Iwww.fms.treas.oov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's authority to act.
Surety companies must be duly licensed or authorized in the jurisdiction in which the
Project is located to issue bonds for the limits so required. Form must be satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the 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 which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
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I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
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4. Term.
This agreement shall terminate on December 31, 2007 provided however (a) the
effectiveness of this Agreement for the fiscal year commencing July 1, 2007 shall be
contingent upon City's appropriation, in its sole discretion, of the necessary funds
therefore; and (b) Consultant's obligations under Section 7 hereof shall survive such
termination.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion
of this Agreement. It is difficult to estimate the amount of damages resulting from delay
in performance. The parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or have withheld from
monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14
("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
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B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated 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
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City 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.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
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Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward 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 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged
by third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection
with the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
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For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement 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 right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
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the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted ifthere were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive property.
If the Agreement is terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A. Paragraph 17 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
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properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise 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.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with 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, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
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16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
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E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. 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
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
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Signature Page
to
Agreement between City of Chula Vista and South Bay Community Services
for Domestic Violence Response and Advocacy services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2007
City of Chula Vista
by:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
South Bay Community Services
Exhibit List to Agreement
(X) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
South Bay Community Services
1. Effective Date of Agreement: 07/01/2007
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: South Bay Community Services
5. Business Form of Consultant:
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1124 Bay Blvd, Suite D
Chula Vista, California 91911
Voice Phone (619) 420-5094
Fax Phone (619) 420-8722
7. General Duties: Domestic Violence Response and Advocacy Services
8. Scope of Work and Schedule:
Detailed Scope of Work: The Operational Agreement (Exhibit B)
between South Bay Community Services and the Chula Vista Police
Department signed February 16, 2006 and Office of Emergency
Services grant #LE06046364 shall serve as scope of work for this
agreement.
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B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 07/01/2007
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1:
The Operational Agreement (Exhibit B) between South Bay Community
Services and the Chula Vista Police Department signed February 16,
2006 details time limits and deliverables for this agreement.
D. Date for completion of all Consultant services:
Upon compliance with all executory provisions herein.
9. Insurance Requirements:
1. General Liablity:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
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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 Fixed Fee Amount: $40,628, payable as follows:
Quarterlv installments of $20,314 each.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of services herein required, City shall pay Consultant at the rates or
amounts set forth below:
(X) None, the compensation includes all costs.
13. Contract Administrators:
City: Lieutenant Gary Ficacci, Investigations Division
Police Department
315 4th Avenue
Chula Vista, CA 91910 (619)585-5670
Consultant: Kathryn Lembo, Executive Director
1124 Bay Blvd, Suite D
Chula Vista, California 91911
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable
17. Permitted Subconsultants:
None.
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18. Bill Processing:
A. Consultant's billing to be submitted for the fOllowing period of time:
(X) Quarterly
B. Day of the period for submission of Consultant's billing:
(X) First of the Month
C. City's Account Number: 25203-6401
19. Security for Performance
None Required.
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~v~
:: ..-::::
-~ - ~-
...
EXHIBIT B
CITY OF
CHUtA VlSfA
POLICE DEPARTMENT
OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence tI1at tI1e Chula Vista Police Department (CVPD) and
South Bay Community Services (SBCS) intend to work together toward tI1e mutual goal of providing
maximum available assistance for crime victims residing in tI1e City of Chula Vista. Both agencies believe
that implementation of tI1e Domestic Violence Response and Advocacy application, as described
herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for
funding, by coordinating/providing the following services during the period July 1, 2006 to June 30, 2007:
The Chula Vista Police Department project will closely coordinate the following services with South Bay
Community Services tI1rough: . .
S BCS Project staff being readily available to the Chula Vista Police Department for service provision;
Regularly scheduled meetings once per month between SBCS' Family Wellness and Self
Sufficiency Department Director and CVPD's Family Protection Unit Investigator to discuss
strategies, timetables and implementation of mandated services.
. Specifically:
Chula Vista Police Department agrees to:
. Act as lead administrative and fiscal agent for the project;
. Facilitate tI1e provision of domestic violence training for CVPD officers by SBCB staff;
. Prompt notification of S BCS Community Assessment Workers by officers at the scene of
domestic violence;
. Participation in joint meetings to ensure optimal project effectiveness and utilization of
resources;
. Provision of information for evaluation and measurement of services.
South Bay Community Services agrees to:
. Provide 24 hourl7days a week services of the Community Assessment workers for the
Domestic Violence Response Team, in response to calls from CVPD officers;
. Pro*ide and coordinate a continuum of services to the families identified by the project which
may include: crisis intervention, assessment, cese management, individual group and family
counseling, confidential shelter or transition housing, and a temporary restraining order clinic;
. Provide cooperation and information for evaluation and measurement of components of the
project.
Chula Vista Police Department and South Bay
For Chula Vista Police Department
tU ~ j/J7Jr
AatJjYn ~bo, Executive Director
F-t South Bav Community Services
Richard P. Emerson, Chief of Police
Date:
2- \'-\ - C(,p
Date:
d, . liP .j b
~1i!k.
PRIDE
AT W 0 J{ K
6-26