HomeMy WebLinkAboutProject Aware Inc; 2018-07-05;'
AGREEMENT FOR AT-RISK JUVENILE BEHAVIOR COUNSELING
PROJECT AWARE, INC.
THIS AGREEMENT is made and entered into as of the K~ day of
'-.)...J. , 20 , by and between the CITY OF CARLSBAD, a municipal ___ ___.._..,___--"-----,--~
corporation, ("City"), and Project AWARE, Inc., a corporation, ("Contractor'').
RECITALS
City requires the professional services of a counselor that is experienced in at-risk Juvenile
delinquent behavior. Contractor has the necessary experience in providing these professional
services, has submitted a proposal to City and has affirmed its willingness and ability to perform
such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand dollars ($3,000.00)
per two-month session with a maximum of four sessions per year. Additionally, Contractor will
host four one-time "Awareness" classes at five hundred dollars ($500.00) per class. The total
fees shall not exceed fourteen thousand dollars ($14,000.00) per year. No other compensation
for the Services will be allowed except for items covered by subsequent amendments to this
Agreement. City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the co ntrol of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless City and its officers, officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorney's fees
arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
General Counsel Approved Version 1 /30/13
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6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved
by the Risk Manager or the Executive Manager. Contractor will obtain occurrence coverage,
excluding Professional Liability, which will be written as claims-made coverage. The insurance
will be in force during the life of this Agreement and will not be canceled without thirty (30) days
prior written notice to City by certified mail. City will be named as additional insured on General
Liability which shall provide primary coverage to City. Contractor will furnish certificates of
insurance to City with endorsements to City, prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with the
Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the fil ing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32 .025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City to terminate this Agreement.
11 . JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
General Counsel Approved Version 1 /30/13
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14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of thi s Agreement.
CONTRACTOR
BY. l \ ~ \(o~~ W(}6l\MJ\
(sign here)
Reginald Washington, Director
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD a municipal
corporation of the State of California
City Manager or Mayor or Director
NEIL GALLUCCI , CHIEF OF POLICE
ATTEST:
~"'1 f\.r n no:_ ____,, 1
BA~~NGLESON °CF---
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must b~ signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vi ce-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By: _(k-""---"---d _____._L_
Assistant City Attorney
General Counsel Approved Version 1 /30/13
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EXHIBIT "A"
SCOPE OF SERVICES
1. The City shall provide a Conference room for each session at the Safety Center.
2. Project AWARE, Inc. will implement and administer the program for the City of Carlsbad
Police Department. The services are designed to teach and encourage at-risk youth to
make better decisions for their Mure.
3. Project AWARE, Inc. will provide the program to all juveniles enrolled in the City of
·Carlsbac:j Police Department's Juvenile Justice Program.
4. The Contractor will provide the Carlsbad Police Department with four eight week
sessions in Fiscal Year 2017-18. Each session will be billed at $3000 at the conclusion
of the session. The dates of each session are as follows.
a. Project Aware Session I (June-July 2018) dates:
June 5, June 12, June 19, June 21, June 26, June 28, July 10, July 12
b. Project Aware Session II (September-October 2018) dates:
Sept. 4, Sept. 11, Sept. 18, Sept. 25, Oct. 2, Oct. 9, Oct. 16, Oct. 23
c. Project Aware Session Ill (January-February 2019) dates:
Jan. 8,Jan. 15,Jan.22,Jan.29, Feb. 5, Feb. 12, Feb. 19, Feb.26
d. Project Aware Session IV (April-May 2019) dates:
Apr. 9, Apr. 16, Apr. 23, April 30, May 7, May 14, May 21, May 28
5. Each of the above sessions will be held once a week for eight consecutive-weeks. Each
individual workshop is one hour and forty five minutes long. The m,;lXimum enrollment for
each session is twenty juveniles. There is no minimum enrollment.
6. Each session will consist of eight course workshops. The course workshops shall
include social skill development, empathy training, cognitive skills, problem solving skills,
anti-gang information, gang awareness & prevention, self-assessment, substance abuse
information and infectious disease information. The cost for each session is $3,000.
Each workshop will consist of the following:
a. Workshop 1 and 2: Introduction and Logistics ·
b. Workshop 3: Emotional Literacy and Empathy
c. Workshop 4: Emotional Literacy and Self Worth
d. W<;>rkshop 5: Emotional Literacy and Restorative Circle Work
e. Workshop 6: Emotional Literacy and Healthy Relationships
f. Workshop 7: Emotional Literacy and Healthy Relationships
g. Workshop 8: My Emotional Literacy Presentation and G~duation
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7. Contractor will provide four individual Awareness classes within Fiscal Year 2018-19 at a
cost of $500 each. Contractor shall invoice the city for each class at the conclusion of
the class.
8. 'Awareness Sessions are four individual classes focusing on educating juveniles about
the law, how the juvenile justice system functions, and the ramifications of criminal
activity. The dates of each session are as follows.
a. Awareness Session I: August 4, 2018
b. -Awareness Session II: November 10, 2018
c. Awareness Session Ill: March 2, 2019
d. Awareness Session IV: June 1, 2019
9. Each Awareness session meets for one three hour class. The maximum enrollment for
each session is twenty juveniles. There is no minimum enrollment.
' : 10. Project AWARE, Inc. will keep the Coordinator of the ~ity of Carlsbad Police Department
Juvenile Justice Program and the Family Services Supervisor appraised of current
activities of Project AWARE, Inc.
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