HomeMy WebLinkAbout2008 CON Institute for Public Strategies - Amendment Consulting Services Grant ApplicationAMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
THE INSTITUTE FOR PUBLIC STRATEGIES
THIS is an AMENDMENT to the AGREEMENT entered into December 1, 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and THE
INSTITUTE FOR PUBLIC STRATEGIES (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY employed THE INSTITUTE FOR PUBLIC STRATEGIES to
provide services regarding implementation of and assistance with a grant agreement with the
Department of Alcohol Beverage Control, pursuant to a scope of services.
WHEREAS, the CITY desires to extend the AGREEMENT for an additional month, from
June 1 until June 30, 2009.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage
the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein and attached in the
Scope of Work in Exhibit "A".
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR if City agrees
thereafter to, from time to time reduce or increase the Scope of Services to be performed by
the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR
agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction
or increase in the compensation associated with said change in services, not to exceed a factor
of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Officer Antonio Ybarra hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for the
progress and execution of this Agreement for the CONTRACTOR. Kim Herbstritt thereby is
designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"A" of $10,000.00 (the Base amount) without prior written authorization from the the Chief of
Police. Monthly invoices will be processed for payment and remitted within thirty (30) days from
receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined
by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written
notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a
report which supports their position and file the same with the other party. The City shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONTRACTOR.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Specifications, press releases and other documents prepared by the CONTRACTOR
for this Project, whether paper or electronic, shall become the property of the CITY for use with
respect to this Project, and shall be turned over to the CITY upon completion of the Project, or
any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any
copyright in, and the right to reproduce, all written material, drawings, plans, specifications or
other work prepared under this agreement, except upon the CITY's prior authorization
regarding reproduction, which authorization shall not be unreasonably withheld. The
CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to
further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
2
Institute for Public Strategies Agreement
Amendment
1
Any modification or reuse by the CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONTRACTOR nor the
CONTRACTOR'S employees or its agents are employee of the CITY and are not entitled to any
of the rights, benefits, or privileges of the CITY's employees, including but not limited to
retirement, medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from
employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its subCONTRACTOR(s) shall require the subcontractor to adhere to the
applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to
represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent
CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subCONTRACTORs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
3
Institute for Public Strategies Agreement
Amendment
12. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONTRACTOR's professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTORshall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees
to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
4
Institute for Public Strategies Agreement
Amendment
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement, except for willful or grossly negligent acts by the
CITY.
16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with
all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase
and maintain throughout the term of this agreement, the following insurance policies:
❑ A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONTRACTOR'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
5
Institute for Public Strategies Agreement
Amendment
.I
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including expert and attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to seftle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") or comparable arbitration or
mediation service before resorting to arbitration. The costs of mediation shall be borne equally
by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any
award rendered shall be final and conclusive upon the parties, and a judgment thereon may be
entered in any court having jurisdiction over the subject matter of the controversy. The
expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that
each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees,
except that the arbitrator may assess such expenses or any part thereof against a specified
party as part of the arbitration award.
6
Institute for Public Strategies Agreement
Amendment
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY at any time. The period of the contract term is December 1, 2008 to June
30, 2009. Termination without cause shall be effective only upon 60-day's written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement. The contract and the amendment expires naturally by June
30, 2009.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
press releases, notices, specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective
date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
To CONTRACTOR:
Adolfo Gonzales,
Police Chief
National City Police Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
James Baker
Institute for Public Strategies
590 Third Avenue, Suite 204
Chula Vista, Ca 91910
7
Institute for Public Strategies Agreement
Amendment
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself
and shall not use its official position to influence in any way any matter coming before the CITY
in which the CONTRACTOR has a financial interest as defined in Government Code Section
87103. The CONTRACTOR represents that it has no knowledge of any financial interests that
would require it to disqualify itself from any matter on which it might perform services for the
CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain
from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
8
Institute for Public Strategies Agreement
Amendment
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
INSTITUTE FOR PUBLIC STRATEGIES
71"14) lj , /9 K �
Name (Print)
Signati(rb
CITY OF NAT CITY
By:
AP
STQF
J di L. Doucette,
S for Assistant City Attorney
Title
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
By: Ir S 31)4,4.4(Name)
City Manager of National City
9
Institute for Public Strategies Agreement
Amendment
Js
Institute for
Public Strategies
SCOPE OF SERVICES
Between Institute for Public Strategies (IPS) and
The National City Police Department (NCPD)
For Subcontracted work under NCPD's GAP Grant funding
The Institute for Public Strategies (IPS) will function as a consultant and collaborator with the National
City Police Department (NCPD) by executing the below delineated "deliverable" services December 1,
2008 — June 30, 2009 period.
DELIVERABLES: the Institute for Public Strategies is responsible for:
COMMUNICATIONS / PLANNING:
• Ongoing planning, communications and meetings with NCPD to facilitate advancement of
project activities.
TRAINING:
• Schedule and coordinate (1) LEAD (Licensee Education on Alcohol and Drugs) training session. IPS
will also provide instructor.
SUPPORT LAW ENFORCEMENT OPERATIONS:
• Youth teams will be key participants in project work to support law enforcement operations. IPS
will coordinate, facilitate and train a minimum of two youth to participate in the project.
• Law Enforcement Operations: Support up to 3 law enforcement operations ( DUI checkpoint,
Decoy, or Should Tap, etc)
Dates: Dates: Dec 2008 — June 2009 (specific dates identified by NCPD)
NEWSMAKING ACTIVITY: plan. manage and accomplish newsmaking activity coordinated with
NCPD and other project -related activities.
• Create media advisory, coordination, compilation of outputs and spokesperson training for up to
three (3) law enforcement operations.
Dates: TBD
• Conduct one (1) Community -Retailer Forum: see above "Capacity Building" - write one JNR
• Generate additional newsmaking as prompted and useful in conjunction with advocacy efforts
(as above).
Dates: TBD
590 3rd Avenue, Suite 204. Chula Vista. CA 9 I 9 I 0 • Phone: 619.479.9I 00 Fax: (i I9.4'•9.9104
ru'u'.f l/1/ic'elrU1 t;res.cr�
Exhibit A
CONTRACT REIMBURSEMENT:
For the period December 1, 2008 to June 30. 2009, NCPD's reimbursements to IPS will not exceed
$10,000 for work completed, upon receipt of required invoices with documentation of deliverables,
and/or accomplishments leading to the deliverables. No work beyond June 30, 2009 is billable.
An invoice and monthly report will be presented by the 10th of each month for the preceding month's
activities.
CONDITIONS:
As a subcontractor, the Institute for Public Strategies certifies that it adheres to all applicable federal and
county contract requirements.
This contract may be terminated by mutual written consent of both parties, or by either party, upon thirty
days notice.
The Institute for Public Strategies Date
National City Police Department Date
CERTHOLDER COPY
SD
• STATE
COMPENSATION
INSURANCE
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 06-01-2009
THE CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
SD
GROUP:
POLICY NUMBER: 1350483-2009
CERTIFICATE ID: 36
CERTIFICATE EXPIRES: 06-01-2010
06-01-2009/06-01-2010
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
c./
THORIZED REPRESENTATIPRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01-2008 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT N2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-06-01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
THE CITY OF NATIONAL CITY
EMPLOYER
INSTITUTE FOR PUBLIC STRATEGIES (A NON-PROFIT
CORP.)
590 3RD AVE STE 204
CHULA VISTA CA 91910
[FCC,CNI
(REV.2-05)
PRINTED : 06-01-2009
POLICYHOLDER COPY
SD
STATE
COMPENSATION
IN S U R A N C E
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 06-01-2009
THE CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
SD
GROUP:
POLICY NUMBER: 1350483-2009
CERTIFICATE ID: 36
CERTIFICATE EXPIRES: 06-01-2010
06-01-2009/06-01-2010
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
THORIZED REPRESENTATIV's`J PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01-2008 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-06-01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
THE CITY OF NATIONAL CITY
EMPLOYER
INSTITUTE FOR PUBLIC STRATEGIES (A NON-PROFIT
CORP.)
590 3RD AVE STE 204
CHULA VISTA CA 91910
(FCC,CNI
(REV.2-05)
PRINTED : 06-01-2009
WAIVER OF SUBROGATION NOTICE
Enclosed is your copy of a certificate of insurance on which the certificate holder
required a waiver of subrogation:
1. Please be advised that a waiver of subrogation requires that a 3% surcharge
will be applied by State Fund ONLY to the premium assessed on the payroll
of your employees earned while engaged in work for that certificate holder
who requested the waiver. (Note: if you have no employee payroll on that job,
then there is no charge.)
2. To apply the 3% surcharge, you must also agree to maintain accurately
segregated payroll records for employees engaged in work on job/s for the
certificate holder who has the waiver. The payroll records are subject to
verification by an auditor.
Example:
Payroll for job:
Sample Rate:
Regular Premium equals:
Surcharge:
$5,000.00
13.30%
$ 665.00
3.000
Additional Waiver charge: $ 19.95
Total premium equals $ 684.95 (665.00 + 19.95)
ACORD CERTIFICATE OF LIABILITY INSURANCE
Pn0oPD111 (949)709-8100 FAx (949)109-1668
Co.prefiensive Insurance Services
2I342 Avenida Empresa
Suite 2SS
RSM, CA 92688
INSTITUTL FOR PUBLIC STRATEGIES
590 3RD AVE.
CHULA VISTA, CA 91910
OATS fW'rsONY.NI
OS/26/2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
IIC; Pr NONPROFITS' INSURANCE ALLIANCE
.ss.MV H P
IN6:)RFM
n1R-P85 f
NAIC e
COVERAGES
THE POLICIES O. INSUV ')SCE 4,181 CO BELOW uAV r BEEN ISUEL' TO THE INSURED NAMED ABOVE ROVE THE POLICY PER:00 INO:CAT5D NOTWTTHSTAN0e43
AN ISEO(IIREMENt.'IERN, (:4' TONOIT KIN ()F ANY CONTRACT :)5 •TTHER ()GEL/VENT W,TH RE SPI(.T'O WHICH THIS (7E1?TIPICA.TE MA'•' Or 7SFiUit CM
MAY PERTAIN. THE INSVPANCE AFF:?RDEO BY THE P:.LICIES DESCRIBE) HEREIN 15 SU9JECT T') AL_ THE. Tc5MS E1 aLIBK:NX ANC, ;CNDTTIONS nE Sp::H
POLICIES. AGGREGA1E OASIS SHCIYN MA'i 1o"Ve. SEE'.; Ht OUCFU VHS PAID ('LAINIi
Ml11 •A110'4 r-T sprat rlre •
DoLc-T aPPATNN'
TYPE OFNEURAMtre 1DLACV NUMPIR LAMrnk _INCIeNr001T1A 1141>PYT
YTi
Is VINaRAL,AAIILITT 2009-0920S-NPO 07/01/2009 07/01/2010 LAC,.I}'.CURfi''MCE s 1,000,000
X :6YMF)1;M1 Cf:NL55 U J'IIfY PAW rcr;•rm '
:.CAIMSWie X;(s;csM AaerXP;AM ,rP ec�; t 10,000nn
A .PEPs4`I:A',,aAC'I:RIIIRY r$ 1,000.,000
. DtPERAL W.6ME4..ATE ' $ 2,000,000
PA9D r11R. COMP.i`P ar:r, s 2,000,,000
-vtMI Al±'i5L!,A'E 1I147 A( Fl:.`:S ✓E,L-
fYq�::r? X ln:
' AMTONJe Rf UASnJT,
AL. OM'+ED
A
X 1.I14k:.•Al�:'J�
X re:N.11'A.1.E..) AI 7:1.
3AeAOE 11A*R1TT
2009-09205-NPO 07/01/2009 07/01/2010
'OME1IP•C S'. 1E.141' .T
(_• n::I4M••I
PN,1nIi T u,:'Jry
Ir'r
aR?1FFTY CAMAGF
larA a•tM'NI
1,000,00
l.:, TT. OMIY. FA AC..'.IfIFNT t
1 nEF 7••+•M ES Al'.'. t
<.:7C MILT 1,x .� S
LAC*" 1 um ORILLA 1J0.011.,,
1`CCW C.i AIMS MAY
..... Of CIIC1 M11E
NETCNIWA
•MOM•L1R• COW$MBAT0p1
ANO iR4.015•9'LMYILITY Y'n
AHY PROr7t)ETCPRARTMEREACC T,v;'"'
Ot'c YER1MVMEER CXCUI0EC1
IMenstetwf In MMI
[ 1. •MMP• NM)M
SPECML P11:)VISI0I1S 5Aw
OTMIA
VAl:Il:)I..•'. i INK LAW)?
Ay 6Yn'-t•-•.......��1H
L CA: .^ A::4:I11v` T
L l (PRIASE . PA CM•,.), ESE t
F l 0•-EA,)lt POues ussif L
)EICR1'TIOM 0P OPEMATIDAI'J : LOCAT5DMF • ;IEMICIES I EX:XI/ MOM• AP OS a, INDURSe ANT I L►SCIAL P401'0.010
HE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE NAKED AS
DDITIONAL INSURED PER ATTACHED ENDORESEMENT SCG2026
EXCEPT 10 DAYS FOR NON-PAYMENT
1ERTIFICATE HOLDER CANCELLATION
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4301
SMOILLO A*Y Of VMS MOYL DSICRRSO POLICIIS $$ CAMCIU•O 1,004E 'TI ER(IMATTOM
PATE TME*EO►. TML 13/32:610 NSU•SR W55. 1N0 SAVOR TO MAR • 30 o ss MRITT1e
MCrKL TO THE CCMTTACATE MOLOE5 MANED TO THE LLPT. W T PATLSRS TO D0 SO SMALL
WOOS; MC OSSIDATION 04 LIAIUTTY OP Ably RIM: UPON TMS IMSM*1R IT1 ACCESS OR
REPRISI ITATT,•ti
AI/ TWNIKEO e*PPESE5TAT L
Paul Weenie, CIC/7EREMY
',CORD 28 (20001011 Q• 1988.2009 ACORO CORPORATION API rights reserved.
The ACORD name and logo e • regfetered merke Of ACORD
eA ArtqfplAk:,
NATI
itiCAV
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
INSTITUTE FOR PUBLIC STRATEGIES
Consulting Services
Police Dept. Forwarded Copy of
Agreement to Consultant