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HomeMy WebLinkAboutProject AWARE Inc; 2014-07-17;AGREEMENT FOR AT-RISK JUVENILE BEHAVIOR COUNSELING PROJECT AWARE, INC. THIS AGREEMENT is made and entered into as of the day of , 20if£, by and between the CITY OF CARLSBAD, a municipal corporation, rCity"), 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 peiform, 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 two thousand dollars ($2,000.00) per session with a maximum of four sessions per year. The total fees shall not exceed eight thousand dollars ($8,000.00) 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 control 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 eariy termination of this Agreement. General Counsel Approved Version 1/30/13 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 othen/vise 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 execufion of this Agreement. 7. CONFLICT OF INTEREST Contractor, at City's request, may be required to file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe 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 filing 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 fime schedule. General Counsel Approved Version 1/30/13 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 condifions of this Agreement. CONTRACTOR CITY OF CARLSBAD a municipal corporation of the State of California f (sign here) V Reginald Washington, Director City Monagor or Mayor ef Director Gary Morrison (print name/title) ATTEST: By: (sign here) ^RBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-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.^eBEWEQ, City Attorney ^^^^^ssistant City Attorney General Counsel Approved Version 1/30/13 CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT 76^Vim } [ulllll^ before me, X / ' '/Date -/» - / « 1 Here Insert Name and Title of Ihe Officer State of California County On personally appeared yj I f \ Here Insert Name a / Name(^ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mv/hand and officiialseal Place Notary Seal Above Signature. OPTIONAL - of Notarv Public ' Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached ppcument Title or Type of Document: Document Date: 'lljlH ' _^ Number of Pages: ^ mu Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian qf^Consefvator RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Other: Mi 3 M1 Signer Is Representing: Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatswortti, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder-. Call Toil-Free 1 -800-876-6827 EXHIBIT "A" SCOPE OF SERVICES 1. The City shall provide a Conference room for each session. 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 future. 3. Project AWARE, Inc. will provide the program to all juveniles enrolled in the City of Carlsbad Police Department's Juvenile Justice Program. 4. The Contractor will provide the Carisbad Police Department with four eight week sessions in Fiscal Year 2014-15: a. Session 1: July 8, 15, 22, 29 and August 5, 12, 19, 26 b. Session 2: October?, 14, 21, 28 and November4, 11, 18, 25 c. Session 3: January 6, 13, 20, 27 and February 3, 10, 17, 24 d. Session 4: April 7, 14, 21, 28 and May 5, 12, 19, 26 5. Each Session will consist of eight course workshops. The course workshops should 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. a. Workshop 1: Introduction to Project AWARE, Inc. b. Workshop 2 and 3: Emotional Literacy Skills c. Workshop 4: Anger Management d. Workshop 5: Problem Solving Skills e. Workshop 6 and 7: Healthy Relationships f. Workshop 8: Program Wrap-up and Graduation 6. Project AWARE, Inc. will keep the Coordinator of the City of Carisbad Police Department Juvenile Justice Program and the Family Services Supervisor appraised of current activities of Project AWARE, Inc. 7. Project AWARE, Inc. will submit an invoice at the conclusion of each session for payment by the City.