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PUBLIC SERVICE AGREEMENT BETWEEN
THE CITY OF EL SEGUNDO AND THE SOUTH BAY CHILDREN'S HEALTH
CENTER ASSOCIATON /THE SOUTH BAY YOUTH PROJECT
THIS AGREEMENT FOR COUNSELING SERVICES ( "Agreement ") is entered between
the City of El Segundo, a general law city and municipal corporation (EL SEGUNDO),
and the South Bay Children's Health Center Association, a non - profit corporation,
(SBCHC), acting as the sponsoring agency for THE SOUTH BAY YOUTH PROJECT
(SBYP), with reference to the following:
EL SEGUNDO participants in a program known as the SBCHC, a non - profit agency
SBCHC;
SBCHC makes licensed therapists available to counsel a diverse range of problems,
including, without limitation, family or school problems, substance abuse, physical or
sexual abuse, parental neglect, or inadequate supervision. Referrals are received from
schools, law enforcement agencies, parents and youth.
SBCHC 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
SBCHC will utilize EL SEGUNDO funds to contract for counseling services for El
Segundo residents for a period of ten months beginning September 1, 2008 through
June 30, 2009. 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 caseload.
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 EL SEGUNDO for all referrals and direct counseling services are to be
included in ten (10) separate payments of 2,749.80 over the ten (10) month period.
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SBCHC will cause therapists licensed pursuant to California law including, without
limitation, marriage and family therapists (Bus. & Prof. Code § 1980), educational
psychologists (Ed. Code § 49423), or clinical psychologists (Health & Safety Code §
1316.5) (collectively, "Counselors "), to assess persons seeking counseling services to
determine their therapy needs, if any. Counselors may provide services that include,
without limitation, individual, family or group counseling; crisis intervention; substance
abuse evaluation; education and treatment; parent education; assessment for inpatient
treatment.
The counselor is under the direct supervision of SBCHC. 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.
2. TIME OF PERFORMANCE
A. Said services contracted with SBCHC under this Agreement shall be provided
for ten months per year, for a ten month period commencing September 1,
2008 and ending June 30, 2009.
B. EL SEGUNDO has the option to extend the term of this Agreement for up to
two additional terms of one -year each. Each option may be exercised upon
EL SEGUNDO providing written notice to SBCHC not less than 15 days prior
to the expiration of the underlying term.
3. PRIVACY RIGHTS
The services provide by SBCHC under this Agreement are protected by California law
including, without limitation, the psychotherapist - patient privilege (Evidence Code §
1014). In addition, this Agreement anticipates that SBCHC will provide services to
minors whose records are protected from disclosure by various provisions of California
law (including, without limitation, Welfare & Institutions Code § 824). Accordingly,
SBCHC agrees that it will use its best efforts to secure all patient records and prevent
their disclosure to the extent provided by applicable law.
4. PUBLIC RECORDS ACT
The Parties acknowledge that they are public entities subject to the Public Records Act
(Gov't. Code §§ 6250 - 6276.48) and that this Agreement, and documents ancillary to this
Agreement, must generally be disclosed upon request. However, the Parties agree that
patient records drafted pursuant to the terms of the Agreement are specifically excluded
from disclosure under Government Code §§ 6254(c), 6254(k), and 6276.36.
Accordingly, the Parties agree that such records will not be released except as
otherwise provided by law.
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5. COMPENSATION AND METHOD OF PAYMENT
EL SEGUNDO shall reimburse SBCHC (10) times per year in an amount not to exceed
$2,749.80 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 EL SEGUNDO to SBCHC in installments pursuant to the following: After services
have been rendered by SBCHC, a detailed invoice (exhibit A) on form provided by EL
SEGUNDO shall be submitted to EL SEGUNDO. EL SEGUNDO will then process
payment to SBCHC based upon said invoice. Payment will be made to SBCHC in the
amount of the invoice as approved by EL SEGUNDO.
6. CONFLICT OF INTEREST
No person performing services for the EL SEGUNDO in connection with this Agreement
shall have a financial or other personal interest other than his or her employment or
retention by the EL SEGUNDO in any contract or subcontract in connection with this
Agreement. No officer or employee of such person retained by the EL SEGUNDO 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.
7. PROGRAM EVALUATION AND REVIEW
SBCHC shall make performance, financial, and all other records pertaining to this
Agreement available to EL SEGUNDO personnel, and allow said EL SEGUNDO
personnel to inspect and monitor its facilities and program operations. SBCHC agrees
to submit to EL SEGUNDO all data necessary for complete program evaluation.
SBCHC agrees to submit to EL SEGUNDO quarterly reports.
8. 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. EL SEGUNDO will give SBCHC ten days before
terminating 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,
SBCHC 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.
9. LIABILITY AND INSURANCE
A. EL SEGUNDO shall not assume any liability for direct payment of any
salaries, wages or other compensation to any SBCHC personnel or
subcontractor performing services hereunder for EL SEGUNDO, or any
liability other than provided for in this Agreement.
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B. EL SEGUNDO shall not be liable for compensation for indemnity to any
SBCHC employee or subcontractor for injury or sickness arising out of his/her
employment, or for any negligent actions of SBCHC 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 SBCHC, and as such
shall not, for any purposes, be considered employees of EL SEGUNO and,
therefore, shall have no right to any EL SEGUNDO service, civil service, or
other EL SEGUNDO status. No EL SEGUNDO employee benefits shall be
available to SBCHC in connection with the performance of this Agreement.
D. 1. SBCHC agrees to indemnify and save harmless EL SEGUNDO, its elected
and appointed officials, officers, agents, and employees against any and all
claims, liability, judgments, 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 SBCHC, its agents, subcontractors, and employees arising
from work performed pursuant to Section I of this Agreement. SBCHC shall
cause each counselor providing services hereunder to agree to indemnify,
defend, and hold harmless both SBCHC and EL SEGUNDO from and against
any and all claims, liability, loss, damage, expense, and costs arising out of
this Agreement, except for such loss or damage caused by SBCHC's or EL
SEGUNDO's sole negligence or willful misconduct.
2. SBCHC agrees that every professional provider of services with whom the
City contracts on behalf of SBCHC shall have professional liability insurance
which shall be in full force and effect during the period of the contract.
3. SBCHC agrees to name EL SEGUNDO 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. SBCHC will require its insurer to modify such
certificates to delete any exculpatory working stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, and to
delete the word "endeavor" with regard to any notice provisions.
10. STATUS OF THE SOUTH BAY CHILDREN'S HEALTH CENTER
SBCHC is an independent contractor in all respects in the performance of this
Agreement.
11. SUBCONTRACT
Any subcontracts entered into by SBCHC for services to be rendered toward the
completion of SBCHC'S portion of this Agreement shall be for SBCHC'S benefit alone.
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EL SEGUNDO shall assume no liability for said subcontract. SBCHC 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 EL SEGUNDO within ten (10) working
days of execution of this Agreement.
12. AMENDMENTS
This Agreement may be amended so long as such amendment is in writing and agreed
upon by both EL SEGUNDO and SBCHC.
13. DEFAULT
In the event SBCHC is in default under the terms of this Agreement, it is expressly
agreed that EL SEGUNDO shall have no obligation or duty to continue compensating
SBCHC for any work performed after the noticed date of default.
14. 'REIMBURSEMENT
Each party agrees that in the event of an arbitrator's 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 fees, investigators, transcripts, court reporters, and other
reasonable costs) incurred by such party in connection with enforcement of its rights
under this Agreement.
15. REQUEST FOR FINAL PAYMENT
EL SEGUNDO reserves the right to withhold ten percent (10 %) of the contract amount
on a completed project until a Certification of Completion is issued by EL SEGUNDO or
COUNTY Project Directors, or their designees, which certificate shall not be
unreasonably withheld.
16. NOTICES
Notices shall be given pursuant to this Agreement by personal service on the party 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
Phone: (310)524 -2880
Attn: Judy Andoe, Recreation Superintendent
B. SOUTH BAY CHILDREN'S HEALTH CENTER /SOUTH BAY YOUTH
PROJECT:
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South Bay Children's Health Center /South Bay Youth Project
410 Camino Real
Redondo Beach, California 90277
Phone: (310) 316 -1212
Attn: Christina Harris, 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of this
2nd day of September, 2008.
CITY OF EL SEGUNDO:
ATTESTED:
City Cle
City of El Segund//
APPROVED
Mark D. Het
By:
Assists t Cl AttornE
City of El Segundo
f
SOUTH BAY CHILDREN'S HEALTH
CENTER/SOUTH BAY YOUTH
PROJECT:
Health C
Bay Children's