HomeMy WebLinkAbout1986-09-16; City Council; Resolution 87941
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EXHIBIT #2
RESOLUTION NO. 8794
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND PENNY VALAZQUEZ
TO ADMINISTRATE/FACILITATE THE POLICE DEPARTMENT'S
JUVENILE DIVERSION PROGRAM.
WHEREAS, the Carlsbad Police Department has developed a revised
comprehensive Juvenile Diversion Program designed to target selected offenders,
provide prompt intervention to discourage delinquent behavior and divert our
youths from the criminal justice system; and
WHEREAS, an integral component of the Diversion Program requires an
administrator to recruit community volunteers, preside over weekly hearings,
produce necessary documentation, perform follow-up requirements and;
WHEREAS, Penny Velazquez has responded to the Police Department's
request for Proposal/Bids to perform the required services and;
WHEREAS, Penny Velazquez is qualified and capable of performing the
required services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council recognizes the Police Department's concern
in preventing juvenile-related crimes against the community and strongly
supports the Juvenile Diversion Program.
3. That certain agreement between the City of Carlsbad and Penny
Valazquez for administering the Police Department's Juvenile Diversion
Program, a copy of which is attached hereto, marked Exhibit f3, and incorporated
herein by reference, is approved.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held on the 16th day of September , 1986,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST :
City Clerk 1
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EXHIBIT f3
AGREEMENT FOR ADMINISTERING
JUVENILE DIVERSION PROGRAM
This agreement is made and entered into this /pday of 9
1986, by and between the City of Carlsbad, a municipal corporation, (hereinafter
referred to as "City") and Penny Velazquez, (hereinafter referred to as
"Consultant") .
RECITALS
City requires the services of Consultant to administer/facilitate the
Police Department's Juvenile Diversion Program.
Consultant possesses the necessary skills and qualifications to provide
the services required by City.
Consultant has submitted a response, dated May 29, 1986, for the provision
of services required by the City.
Now, therefore, in consideration of these recitals and the mutual
convenants contained herein, the City and Consultant agree as follows:
1. Consultant's Obligations
A. Consultant shall provide, under the direction of the Carlsbad
Police Juvenile Investigator, in a professional manner and in conformance
with the most current standards and practices of the Consultant's profession,
the services specified in the City's request for proposal, dated January 6,
1986, on file with the Carlsbad Police Department and incorporated by this
reference. Services to be provided shall include, but not be limited to:
B. Arranging for continuous selection and rotation of citizen
volunteers who will form the Juvenile Justice Panel.
C. Preside over weekly hearings between Panel and juvenile
offenders.
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D. Perform follow-up on youthful offenders as necessary and report
back to project coordinator.
E. Produce appropriate documentation as necessary.
2. Payment
As full compensation for Consultant's performance of work under this
contract, City shall pay to Consultant within thirty (30) days after submission
of a written bill for payment fees of $20 per hour for services performed,
not to exceed twelve (12) hours per week.
3. Term of Agreement
The term of this agreement shall be for one (1) year. The City Manager
is authorized to periodically extend the term of this agreement for additional
periods of one (1) year or less provided that the City Council shall have
first approved sufficient budget appropriations in the annual budget of the
Police Department to cover the cost
extension period.
to adjust the payment schedule provided, however, that the amount of compensa-
tion paid to the Consultant during an extension period shall not exceed the
amount previously appropriated by the City Council. City may terminate the
contract at any time without liability if Consultant fails to satisfactorily
perform the services under this contract.
made in writing executed by the City Manager.
of the services performed during the
In approving an extension, the City Manager is authorized
Notice of the termination shall be
4. Status of Consultant
The Consultant shall perform the services provided herein in Consultant's
own way as an independent contractor and in pursuit of Consultant's independent
calling and not as an employee of the City.
control of the City only as to the result to be accomplished, the scheduling
of the services, and the provision of a location for the performance of the
services in a place convenient to the Carlsbad Police Department.
Consultant shall be under the
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Consultant shall comply with the requirements of Section 3700 of the
California Labor Code and shall also assume the defense and indemnify and
save harmless the City and its officers and employees from all claims, loss,
damage, injury, and liability of every kind, nature and description brought
by any person employed or used by Consultant to perform any work under this
contract regardless of responsibility for negligence.
5. Indemnity and Insurance
A. Indemnity. Consultant shall assume the defense of and indemnify
and hold harmless the City and its officers and employees for all claims, loss,
damage, injury and liability of every kind, nature and description directly
or indirectly arising from or in connection with the performance of the
contract or from any failure or alleged failure of the Consultant to comply
with any applicable laws, rules, or regulations including those relating to
health and safety or resulting or arising from any advice or information
provided by Consultant to any member of the Carlsbad Police Department except
for loss or damage which was caused solely by the active negligence of the
City. The expenses of defense include all costs and expenses including
attorneys fees for litigation, arbitration or other dispute resolution method.
B. Insurance. Consultant shall carry insurance in an amount not
less than Six Hundred Thousand ($600,000) Dollars covering the liability
stated in this paragraph, naming the City as an additional insured.
6. Assignment of Contract
Consultant shall not assign this contract or any part thereof or any
monies due hereunder without the prior written consent of the City.
7. 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
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shall effect or modify any of the terms or obligations contained herein nor
shall such verbal agreement or conversation entitle the Consultant to any
additional payment whatsoever under the terms of this contract.
IN WITNESS WHEREOF, this agreement has been executed the day and year
first above written.
DATED : f \ch , 1986
CITY OF CARLSBAD
IW
APPROVED AS TO FORM:
I/ City Attorney
ATTEST :
ALETHA L. RAUTENKRANZ I J City Clerk
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