HomeMy WebLinkAbout1995-01-17; City Council; 12984; APPROVAL OF AGREEMENT BETWEEN CITY OF CARLSBAD AND PENNY VELAZQUEZ TO PROVIDE G.U.I.D.E. PROGRAM COUNSELLING SERVICES.rl
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CITYOF CARLSBAD - AGENDeILL ,
AB i? 'a!sE;Y TITLE: APPROVAL OF AGREEMENT BETWEEN CITY OF DEF
MTG. l-/3-q5 CARLSBAD AND PENNY VELAZQUEZ TO PROV\DE c~p'
POL G.U.I.D.E. PROGRAM COUNSELLING SERVICES CIT DEPT.
RECOMMENDED ACTION:
Adopt Resolution No. q 5- 13 approving an agreement between the City of Carlsbc
and Penny Velazquez to provide GUIDE (Greater Understanding through lnterventioi
Diversion and Education) Program counselling services. The contract may be
extended by the City Manager for three additional one-year periods or part thereof, based upon the City's needs.
ITEM EXPLANATION:
On October 18, 1994, the Carlsbad City Council approved Agenda Bill 12,9( authorizing Police Department Enhancements for the FY 94/95. This
Agenda Bill establishes an agreement with the GUIDE Program consultant,
Penny Velazquez, who has been providing the service for the past five years
The GUIDE program has been providing counselling services to high schoc and junior high school with one counselor. The new agreement would all0 for additional counselling hours through subcontractors. The expanded
targeting of at risk students in the elementary schools.
FISCAL IMPACT:
Agenda Bill 12,907 approved $15,800 from the Asset Forfeiture Account fc
expansion of the GUIDE counselling service. The total authorized budget f
Fr' 94/95 is $37,800. No additional fiscal impact will result from this agreement.
The estimate budget for FY 95/96 will be $50,000.
EXHIBITS :
1. Resolution No. 9 5 @ I3 .
program will allow for additional hours at the junior high school and specif
2, GUIDE Program Agreement,
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RESOLUTION NO. 95-13
A RESOLUTION OF THE CITY COUNCIL OF THE CI'IY OF CARLSBAD, CALIFORNIA, ADOPTING AN AGREEMENT BETWEEN THE
CITY AND PENNY VELAZQUEZ TO PROVIDE
GUIDE COUNSELLING SERVICES.
WHEREAS, the City of Carlsbad has been contracting GUIDE
counselling services for students attending schools in Carlsbad for
five years; and
WHEREAS, Penny Velazquez has been satisfactorily providing
those services for five years; and
WHEREAS, the City of Carlsbad desires to provide expanded
GUIDE counselling services to students attending schools in
Carlsbad; and
WHEREAS, Penny Velazquez is capable and prepared to provid
those expanded GUIDE counselling services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of th
City of Carlsbad, California, as follows:
1. To enter into an agreement with Penny Velazquez to provid
GUIDE counselling services for students attending schools in
Carlsbad for a period of one year 11) year beginning February 6,
1995. The contract may be extended by the City Manager for three
additional one-year periods or parts thereof, based upon the
City's needs.
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PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 17TH day of JANl
1995, by the following vote to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, Citg Clerk
(SEAL)
RESOLUTION NO. 95-13
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GUIDE PROGRAM
AGREEMENT
THIS AGREEMENT, made and entorod inta as of the 3 d%ay of 7 RAU A
, 1925 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafte
referred to as "City", and Penny Velazquet, hereinafter referred to as "Consultant".
RECITALS
City requires the services of a Family Counselor consultant to provide the
necessary counseling services; and Consultant possesses the necessary skills an
quaiifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual coven%
contained herein, City and Consultant agree as follows:
1. co NSULTANT'S 0 BLIGATIONS
A. Implement and administer the GUIDE Program for the Carlsbad
Police Department . The services provided are designed to intervene anc
divert "at risk" youth from the juvenile justice system.
B. Consult with school administrators in determining program participants,
scheduling and designing intervention strategies.
C. Counsel and educate students in groups and individually.
D. Provide crisis counseling for students.
E. Develop and teach parenting classes.
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F. Provide counseling and crisis intervention for parents.
G. Make presentations to groups about GUIDE.
H. Participate in community action groups.
1. Provide city with two reports each year. The reporting periods shall be
from January first through June thirty and July first through December
thirty-first. The report shall document each service offered and the
number of participants.
J. Keep the Division Coordinator apprised of the current activities of the GUI
Program.
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2. CITY OBLIGATIONS
The City shall provide use of a work area and telephone in the Juvenile
Diversion off ice of the Carlsbad Police Department.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (1 0) days after receipt of
notification to proceed by the City. This contract is an as needed counseling servic
4. FEES TO BE PAID TO CONSULTANIT
As full compensation for the consultants’s counselling services the City shall pa
twenty four dollars ($24.00) per hour. The total shall not exceed fifty thousand doll
($50,000.00) per year. No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph 7, “Changes in
Work.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date
thereof. The contract may be extended by the City Manager for three (3) additiona
one (1) year periods or parts thereof, based upon a review of satisfactory performa
and the City’s needs.
6. PAYMENT OF FEES
The Consultant shall submit invoices for work performed in the previous half
month period on the fifteenth and last day of each month. City shall pay the Consu
within thirty (30) days after submission of written bill for payment.
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7. CHANGES IN WORK
Jf, jn the course of the contract, changes seem merited by the Consultant or the C
and informal consultations with the other party indicate that a change in the conditi
of the contract is warranted, the Consultant or the Gjty may request a change in
contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Consultant to
inform them of the proposed changes along with a statement of estimated changes
charges or time schedule. A supplemental agreement shall be prepared by the Cit
and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.1 72. Such supplemental agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
8. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any compa
or person, other than a bona fide employee working for the Consultant, to solicit or
secure this agreement, and that Consultant has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or
resulting from, the award or making of this agreement. For breach or violation of thi:
warranty, the City shall have the right to annul this agreement without liability. or, in
discretion, to deduct from the agreement price or consideration, or otherwise recove
the full amount of such fee, commission, percentage, brokerage fees, gift, or conting
fee.
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10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION 0 F CO NTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the work
provided for in this contract, the City may terminate this contract for nonperformancc
notifying the Consultant by certified mail of the termination of the Consultant. The
Consultant, thereupon, has five (5) working days to deliver final written bill for payrr
to the City Manager, the Manager shall determine for final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreeme
the following procedure shall be used to resolve any question of fact or interpretatic
not otherwise settled by agreement between parties. Such questions, if they beco
identified as a part of a dispute among persons operating under the provisions of tt
contract, shall be reduced to writing by the principal of the Consultant or the City’s
Police Chief. A copy of such documented dispuZe shall be forwarded to both partie
involved along with recommended methods of resolution which would be of benefii
both parties. The City’s Police Chief or consultant receiving the letter shall reply to
letter along with a recommended method of resolution within ten (10) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining tl
dispute shall be forwarded to the City Council for their resolution through the Office
the City Manager. The City Council may then opt to consider the directed solution
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the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seekins
remedies available to them at law.
13. SUS PENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) day:
written notice to the other party. In the event of termination, the Consultant shall be
paid for work performed to the termination date; however, the total shall not exceed q
lump sum fee payable under paragraph 4.
14. STATUS 0 F THE CO NSULTANT
The Consultant shall perform the services provided for herein in Consultant's OH
way as an independent contractor and in pursuit of Consultant's independent callin!
and not as an employee of the City. Consultant shall be under control of the City on
als to the result to be accomplished, but shall consult with the City as provided for in
request for proposal.
The Consultant is an independent contractor sf the City. The payment made to tt
Consultant pursuant to the contract shall be the full and complete compensation to
which the Consultant is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Consultant. The City shall not be required to pay any
workers' compensation insurance on behalf of the Consultant. The Consultant agrt
to indemnify the City for any tax, retirement contribution, social security, overtime
payment, or workers' compensation payment which the City may be required to ma
on behalf of the Consultant or any employee of the Consultant for work done under
this agreement.
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The Consultant shall be aware of the requirements of the Immigration Reform ar
Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this agreement.
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City
Consultant shall have the right to make one (1) copy of the plans for hisher record:
16. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of
'work pursuant to this contract shall be vested in City'and hereby agrees to relinqui!
all claims to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities
penalties, fines, or any damage to goods, properties, or effects of any person
\whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of Consultant or Consultant's age
employees, or representatives. Consultant agrees to defend, indemnify, and save
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and harmless the City and its officers and employees against any of the foregoing
claims, liabilities, penalties or fines, including liabilities or claims by reason of alle!
defects in any plans and specifications, and any cost, expense or attorney's fees v\
are incurred by the City on account of any of the foregoing.
18. ASSIGNMENT OF CO NTRACT
The Consultant shall not assign this contract or any part thereof or any monies I
thereunder without the prior written consent of the City.
19. su BCONTRACTING
If the Consultant shall subcontract any of the work to be performed under this
contract by the Consultant, Consultant shall be Fully responsible to the City for the i
and omissions of Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the acts and omissioi
of persons directly employed by consultant. Nothing contained in this contract sha
create any contractual relationship between any subcontractor of Consultant and t\
City. The Consultant shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Consultant's work ktrrlje~~
specifically noted to the contrary in the subcontract in question approved in writing
the City.
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20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, (
approving of this agreement, shall become directly or indirectly interested personail
in this contract or in any part thereof. No officer or employee of the City who is
authorized in such capacity and on behalf of the City to exercise any executive,
supervisory, or similar functions in connection with the performance of this contract
shall become directly or indirectly interested personally in this contract or any part
thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modi0
any of the terms or obligations herein contained nor entitle the Consultant to any
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 16, "Hold Harmless Agreement," all term
conditions, and provisions hereof shall insure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, ar
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written ab01
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24. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance,
automobile liability insurance, and a combined policy of worker's compensation anc
employers liability insurance from an insurance company authorized to do business
the State of California which meets the requirements of City Council Resolution No.
91-403 in an insurable amount of not less than one million dollars ($1,000,000) eac
unless a lower amount is approved by the City Attorney or the City Manager. This
insurance shall be in force during the life of this agreement and shall not be cancelc
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The Consultar
shall furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this 30th day of JANUARY ,1925
CONSULTANT:
(name of konsultant)
CITY OF CARLSBAD, a municipal
{( Jc, --. { 1 Q
(sign
\3 By: $$~~~~-~~~~~~~~
here)
AlTEST:
iklk \cry , \i Q I.LUcp"
(print name'here)
3iLk!'k\\\e- b\ ~vk.&' L2 (title and cc\ a u\c vr
'\'iJxk.J X\(i &L[<v& q& -
organization of signatory) ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.
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(President or vice-president and secretary or assistant secretary musi qn for
corporafions. If ~nly OM affieer sians, the carpar&an must attach a resdutian cert'
by the secretary or assistant secretary under corporate seal empowering that office
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
-&?Wig City Attorney
BY LR.& 0qWyCity Attorney
3-2-9c.
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CALIFORNIA ALL-PURPOs 4 ACKNOWLEDGMENT 0 .
NdnE TITdOF OFFfCER - E G JANE DOdOTARY PUBLIC
NAME(S) OF SIGNER(S
personally appeared ?e r7e 1 6 p e
to be the person(s) whose name(s) i
subscribed to the within instrument ar
knowledged to me that he/she/they exe
the same in his/her/their autho
capacity(ies), and that by hidher
signature(s) on the instrument the persc
or the entity upon behalf of whict
person(s) acted, executed the instrui
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and coulc
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUI
GU DE Pr~lqriwh r,-c CORPORATE OFFICER
TITLE OR N@OF DOCU&NT TITLE@)
E I eu en
NUMBER OF PAGES
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABC
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave P 0 Box 7184 Canoga Par
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AMERICAN PROFESSIONAL AGENCY, INC.
t
Program Administrator
( 1 National Union Fire Insurance Company of Pittsburgh, E
(x) American Rome Assurance Company c/o American Professional Agency, Inc.
95 Broadway Amityville, NY 11701
Name Penelope Velazquez
Date 1/23/95
Account #CA-VELP5500J
To Whom It May Concern:
policy from $200,000/600,000 to $ 1/3.
I wish to increase my Limits of Liability on my MFT
III HEREBY WARRANT THAT I AM NOT AWARE OF ANY ACT, ERR( OR OMISSION, WHICH MIGHT REASONABLY BE EXPECTED TO GIVE RII
TO A CLAIM UNDER THIS POLICY AS RESPECTS TO THE LIMITS IN'
EXCESS OF THE $ 200,000/600,000 I NOW CARRY ON MY
PROFESSIONAL LIABILITY POLICY #VET \I v- l,l!,\q - \,'>
d
"I UNDERSTAND THAT THIS LETTER WILL BE ATTACHED TO ANI
BECOME PART OF SAID POLICY." (q< \,\i \ p,ff \[ - signa tuf<>f-
- q -q r>
Date 4. .
GEN-103 (1/86) Rev. 10/91
95 BroaC..-zy Amityville. NY 11701 (516) 691-61100