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CONTRACT 2827 Service Agreement CLOSED2627 PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT This Agreement, made and entered into this 19'h day of September, 2000, by and between the City of El Segundo, a municipal corporation (CITY), and the City of Redondo Beach, a chartered municipal corporation, (REDONDO BEACH) acting as the sponsoring agency for THE SOUTH BAY YOUTH PROJECT. WHEREAS, CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT possesses the knowledge, expertise, and experience to provide the program services necessary for the successful operation of the counseling program and is desirous of furnishing these services; NOW, THEREFORE, in consideration of the foregoing recitals each of the parties herein set forth, the parties hereto do mutually agree as follows: SERVICES THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT will utilize CITY funds to contract for counseling services for El Segundo residents for a period of ten months beginning September 19, 2000 through June 30, 2001. The following services will be provided in accordance with the conditions herein set forth: A. Conduct initial assessments of high -risk youth and their families and recommend appropriate counseling services; and/or B. Refer high -risk youth and their families to professional, bona -fide therapists for further consultation, if necessary and where appropriate. C. Maintain individual counseling case load. D. Network with El Segundo Teen Center, El Segundo Unified School District, El Segundo Police Department and other local entities. The above services must be provided to the City of El Segundo residents. All client information, name, address, age, phone and recommendations will remain on file. Invoicing to the City for all referrals and direct counseling services are to be included in three (3) separate payments of $9,166 the ten (10) month period. The counselor is under the direct supervision of THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT. Confirmation of services available; schedule and assignments are developed by the Recreation Superintendent. Hours of operation are Monday through Friday, four (4) hours per day. Community networking, school site visits, Teen Center visits are to be conducted on an as needed basis, throughout the stated ten (10) month frame. Contract Number GOV South Bay Youth Project 9/11/00 SBYP Agreement 2000-2001 2627_ II TIME OF PERFORMANCE Said services contracted with THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT under this Agreement shall be provided for ten months per year, for a one year period commencing September 19, 2000 and ending June 30, 2001. III COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT three (3) times per year in an amount not to exceed $9,166 per payment, which shall constitute full and complete satisfaction of the obligations under this Agreement, totaling at $27,498 annually. Payments shall be made by CITY OF EL SEGUNDO to THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT in installments pursuant to the following: After services have been rendered by THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT, a detailed invoice (exhibit A) on form provided by CITY shall be submitted to CITY. CITY will -then process payment to THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT based upon said invoice. Payment will be made to THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT in the amount of the invoice as approved by CITY. IV CONFLICT OF INTEREST No person performing services for the City in connection with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City in any contract or subcontract in connection with this Agreement. No officer or employee of such person retained by the City shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement. V PROGRAM ;EVALUATION AND REVIEW THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT shall make performance, financial, and all other records pertaining to this Agreement available to CITY personnel, and allow said CITY personnel to inspect and monitor its facilities and program operations. THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY all data necessary for complete program evaluation. THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY quarterly reports. VI TERMINATION AND TERMINATION COSTS This Agreement may be terminated at any time by either party upon giving thirty (30) days notice in writing to the other party. CITY may immediately terminate this Agreement upon the termination, suspension, or substantial reduction in funding for this Agreement or if, for any reason, the timely completion of the work under this Agreement is rendered improbable, infeasible, or impossible. In such event, THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have not been previously reimbursed to the date of said termination. Contract Number South Bay Youth Project 9111100 2 SBYP Agreement 2000-2001 VII LIABILITY A. CITY shall not assume any liability for direct payment of any salaries, wages, or other compensation to any THE CITY OF REDONDO BEACHITHE SOUTH BAY YOUTH PROJECT personnel or sub -contractor performing services hereunder for CITY, or any liability other than provided for in this Agreement. B. CITY shall not be liable for compensation or indemnity to any CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT employee or subcontractor for injury or sickness arising out of his/her employment, or for any negligent actions of THE CITYOF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT or its employees. C. All persons employed in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, joint ventures, or associates of one another. Employees of THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT, and as such shall not, for any purposes, be considered employees of the CITY and, therefore, shall have no right to any CITY service, civil service, or other CITY status. No CITY employee benefits shall be available to THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT in connection with the performance of this Agreement. D. 1. THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT agrees to indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees against any and all claims, liability, judgements, costs or expenses including all reasonable costs necessary to defend a lawsuit, including attorney fees, investigators, filing fees, transcripts, court reporters and other reasonable costs necessary of investigation and defense resulting solely from the wrongful or negligent acts or omissions of THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH, its agents, subcontractors, and employees arising from work performed pursuant to Section 1 of this Agreement. 2. CITY understands and acknowledges that THE CITY OF REDONDO BEACH is a member of the Independent Cities Risk Management Association, pursuant to a joint powers agreement, and the limits of liability under the agreement is $10,000,000. THE CITY OF REDONDO BEACH is obligated to pay the first $500,000 of any claim. THE CITY OF REDONDO BEACH agrees that every professional provider of services with whom the City Contracts on behalf of THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH shall have professional liability insurance which shall be in full force and effect during the period of the contract. 3. THE CITY OFREDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees to name CITY as additionally insured on said insurance policy or policies and will provide a certificate or certificates of insurance as proof of coverage with a written "Notification of Cancellation" period of not less than 30 days. THE CITY OF REDONDO BEACH/THESOUTH BAY YOUTH PROJECT and its employees shall comply with all applicable Federal, State, and local laws governing conflict of interest. Contract Number South Bay Youth Project 9/11/00 3 SBYP Agreement 2000-2001 2e2 7 IX DISCREMNATION No person shall on the grounds of race, sex, age, marital status, creed, color, religion, or national origin, be excluded from participation in, be refused the benefits of, or otherwise be subjected to discrimination in any programs or employment supported by this Agreement. THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT shall also comply with the Americans With Disabilities Act (ADA), Title VI of the Civil.rights Act of 1964, Age Discrimination Act of 1975 and the Rehabilitation Act of 1973. X AUDIT EXCEPTIONS THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees that in the event the program established hereunder is subjected to audit exceptions, THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT shall be responsible for complying with such exceptions and paying CITY the full amount of City's liability to resulting from such audit exceptions. I STATUS OFT SOUTH BAY ti'OUTII PRO�CT THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT is an independent contractor in all respects in the performance of this Agreement. XII SUBCONTRACT Any subcontracts entered into by THE CITY OF REDONDO BEACH/ THESOUTH BAY YOUTH PROJECT for services to be rendered toward the completion of THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT'S portion of this Agreement shall be for THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT'S benefit alone and, as such, THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT shall assume all liability for said subcontract. CITY shall assume no liability for said subcontract. THE CITY OF REDONDO BEACH/ SOUTH BAY YOUTH PROJECT agrees to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portion of this Agreement to CITY within ten (10) working days of execution of this Agreement. XHI AMENDMENT' This Agreement may be amended so long as such amendment is in writing and agreed upon by both CITY and THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT. XIV DEFAULT In the event THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT is in default under the terms of this Agreement, it is expressly agreed that CITY shall have no obligation or duty to continue compensating THE CITY OF REDONDO BEACH/THESOUTH BAY YOUTH PROJECT for any work performed after the date of default. XV REIMBURSEMENT Each party agrees that in the event of a court determination that a party is in default in the performance of this Agreement, said party will reimburse the other for all expenses (including attorney's Contract Number South Bay Youth Project 9/11/00 4 SBYP Agreement 2000-2001 fees, investigators, filing fees, transcripts, court reporters, and other reasonable costs) incurred by such party in connection with enforcement of its rights under this Agreement. XVI REQUEST FOR FINAL PAYMENT CITY reserves the right to withhold ten percent (10%) of the contract amount on a completed project until a Certification of Completion is issued by CITY or COUNTY Project Directors, or their designees. XV1I NOTICES Notices shall be given pursuant to this Agreement by personal service on the parry to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: A. CITY: City of El Segundo Recreation and Parks Department 350 Main Street El Segundo, California 90245 Attn: Judy Andoe, Recreation Superintendent. B. CITY OF REDONDO BEACH/SOUTH BAY YOUTH PROJECT: The City of Redondo Beach /The South Bay Youth Project 320 Knob Hill Redondo Beach, California 90277 Phone No. (310) 372-7724 Attn: Dan Smith, Executive Director Notices shall be deemed to have been given as of the date of personal service, or as of the date of deposit of the same in the custody of the United States Postal Service. Contract Number South Bay Youth Project 9/11/00 5 SBYP Agreement 2000-2001 2627_ XVIII APPROVAL BY CITY COUNCIL On September _, 2000 the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year hereinabove written. CITY OF EL SEGUNDO: Mayor, City of El Segundo ATT T L. ` e ity Cl City of l Segundo (SEAL) APPF VED AS TO FORM: ty At�torne City of El Segundo CITY OF REDONDO BEACH/ SOUTH BAY YOUTH PRO, CT: Mayor, City of Re ndo Beach ATTE TED: 1k° City Clerk City of Red d(o Beach (SEAL) APPROVED AS TO F RM X-P4' ly City Attorrne City of Redondo Beach Contract Number South Bay Youth Project i SBYP Agreement 2000-2001 9/11/00