10-0907_BOYS & GIRLS CLUB OF CAPO VALLEY_D16_Agenda Report9/712010
AGENDA REPORT D16
TO: Joe Tait, City Manage
FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of CaIGRIP Agreements, between the City of San Juan
Capistrano and Pepperdine University, Boys & Girls Clubs of Capistrano
Valley and Big Brothers Big Sisters of Orange County
RECOMMENDATION:
By motion, approve the Agreements between the City of San Juan Capistrano and
Pepperdine University, Boys & Girls Clubs of Capistrano Valley, and the Big Brothers
Big Sisters of Orange County
SITUATION:
The California Emergency Management Agency (CalEMA), in partnership with the
Governor's Office of Gang and Youth Violence Policy (OBYVP), marded the City
$382,389 in grant funds for a gang prevention program within the City of San Juan
Capistrano.
Summary and Recommendation:
To provide services under the CaIGRIP grant funding, Pepperdine University will
provide counseling series at four (4) schools, one day a week; the Boys & Girls Clubs of
Capistrano Valley will provide a before school program for students attending Marco
Forster Middle School; and the Big Brothers Big Sisters of Orange County will provide a
mentoring program (Attachments 1, 2, 3).
Background:
The City of San Juan Capistrano, in collaboration with Orange County Sheriffs
Department, Orange County District Attorney's Office, Capistrano Unified School
District, and the Boys & Girls Clubs of Capistrano Valley formed a San Juan Capistrano
GRIP Program in the spring of 2008. The goal of GRIP is to work together to prevent
children from joining criminal street gangs. This goal is accomplished through creating
community awareness, initiating law enforcement programs, and promoting education.
Creating community awareness is accomplished through teaching children about the
consequences of their choices, parent meetings, identifying warning signs of gang
involvement, teaching educators about identifying gang activity, and children at risk of
joining gangs. Law enforcement programs include: curfew sweeps, truancy sweeps,
Agenda Report
Page 2 September 7, 2010
Strike Team meetings, and intervention programs such as PRYDE (Pepperdine
Resource, Youth Diversion and Education). Promoting education as gang intervention is
done through encouraging school attendance, presentations from law enforcement and
incentive programs.
..........................................................................................................................................................................................................................................................
COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS:
This item will be presented to the Parks, Recreation and Equestrian Commission at their
meeting on September 20, 2010, as an informational item,
FINANCIAL CONSIDERATIONS:
The attached agreements will be funded through grant monies in the amount of:
Big Brothers Big Sisters of Orange County
Boys & Girls Clubs of Capistrano Valley
Pepperdine University
The remaining funds will be used for other components of the grant.
NOTIFICATION:
Big Brothers Big Sisters of Orange County
Keith Rhodes, CEO
Boys & Girls Clubs of Capistrano Valley
James Littlejohn, Executive Director
Pepperdine University
Robert J. Hohenstein, Ph.D.
Pepperdine Univeristy
Alexandra Roosa
$ 39,838
$'100,612
$127,000
Agenda Report
Page 3 September 7, 2010
RECOMMENDATION:
By motion, approve the Agreements between the City of San Juan Capistrano and
Pepperdine University, Boys & Girls Clubs of Capistrano Valley, and the Big Brothers.
Big Sisters of Orange County
Respectfully submitted,
A, 0'�' ��L
Karen Crocker
Community Services Director
Attachments: 1. Proposed License Agreement for the Big Brothers Big Sisters of
Grange County
2. Proposed License Agreement Boys & Girls Clubs of Capistrano Valley
3. Proposed License Agreement Popperdine University
4. Location Map
AGREEMENT FOR IMPLEMENTING CALIFORNIA
GANG REDUCTION, INTERVENTION ANIS
PREVENTION (CALGRIP) GRANT REQUIREMENTS
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND BIG BROTHERS BIG SISTERS OF ORANGE
COUNTY_(BBBS)
THIS AGREEMENT is made on the 7t' day of September 2010, by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Big Brothers Big Sisters
of Orange County, hereinafter called "Contractor."
WHEREAS, the City Wishes to engage Contractor to provide mentoring services for
youth in San Juan Capistrano as part of the CALGRIP Grant Program,
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section'. Scope of Wore.
The Contractor agrees to provide a high quality, comprehensive, mentoring program
for youth in San Juan Capistrano as described in Exhibit "An
Section 2. Equipment and Su lies.
Contractor will supply all equipment and supplies needed to conduct the mentoring
,program, to include training materials.
Section 3. Accidentlincident Re arts.
Contractor shall report to the City any accident or incident requiring emergency
response during program activities. Official reports must be completed and submitted .to
the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the
following Monday for occurrences on Friday night through Sunday.
Section 4. Evaluation Re oris.
Contractor shall provide the City, through the GRIP committee, reports, which are
due as part of the CALGRIP reporting requirement.
Page 1
Section S. Inspection of Records.
City may review and Inspect Contractor's accounting records related to the Program.
provided pursuant to this Agreement. Without prejudice to any other provisions of this
Agreement, Contractor shall, where applicable, maintain the confidential nature of
information provided to it concerning participants in accordance with the requirements of
federal and stag law. However, Contractor shall submit to City or it representatives, all
records requested, including audit, examinations, monitoring and verifications of reports
submitted by Contractor, costs incurred and services rendered hereunder.
Section 6. Designated Representatives.
City and Contractor shall each designate one (1) person to be responsible for the
terms and conditions of this Agreement. The Contractor or his/her designee will attend
GRIP, community, Commission, or City Council meetings as requested by the City.
Section 7. Independent Contractor.
Contractor and its officials, agents and employees shall act and be independent
contractors and not agents or employees of City, and shall obtain no rights to any benefits
which accrue to City's employees.
Section 8. Compliance with Law: lE-Teri .
.1 Compliance with Law
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
6.2. E -verify.
If Contractor is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Contractor shall verify employment authorization
within three days of hiring a neve employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at byQ,//www.uscis.qov, or
access the registration page at htt s://vmm vds-di�s,comfem to erre istration. Contractor
shall certify its registration with EWVerify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
Page 2
Section 9. Employee and Volunteer Training/Background Checks/Physical.
All employees of Contractor will be required to undergo a background check through
re%erences, past employment history, and fingerprinting for compliance with Penal Code
Section 11106.3. Employees and volunteers of Contractor will comply with Orange County
Health Department requirements regarding health testing and immunizations.
Contractor is to provide ongoing training and a minimum of quarterly training
sessions regarding recreational programs and youth development. All employees are
required to have First Aid and CPR training.
Section 10. Payment Schedule.
Contractor shall maintain sufficient accounting records, timecards, and other
documentation as deemed necessary in order to adequately document costs for the
provisions of services under this Agreement. Contractor shall invoice City on a monthly
basis for services rendered, not to exceed $39,888 per the GRIP grant funds. Upon
Contractor's invoice, City shall pay the amount due to Contractor $2,216 per month
between September 2010 — March 2012.
Section 11. Retention of Funds.
City may withhold payment to Contractor to compensate City for any loss, cast,
liability or damage suffered by City due to default of Contractor in the performance of
services required.
Section 12. Term of A, reement.
This agreement shall be in effect for a period of eighteen (18) months, beginning
September 7, 2010 through March 31, 2012. City reserves the right to terminate all
services of Contractor at any time upon sixty (60) days written notice, or immediately upon
breach of the Agreement.
Section 13. Insurance and Indemnification.
Contractor shall submit to the City:
A certificate of general liability insurance naming the City as additional
insured in the amount of $1,000,000 per occurrence;
A liability endorsement form with reference to the above -listed liability
insurance;
Page 3
Comprehensive automobile liability coverage for owned, hired and
non -owned vehicles in the amount of $1,000,000 package coverage
including bodily injury, property damage and uninsured motorist.
Contractor shall indemnify, defend, and hold harmless the City and its officers and
employees against all liabilities or claims of liability car foss (including reasonable attorney's
.............................................................. ........................
fees, relater costs and expenses) because of death, personal injury or property damage
arising or resulting from the fault or negligence of Contractor in its operations under this
Agreement.
Section 14, Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written -notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92075
Attn: Community Services Director
To Contractor: Big Brothers Big Sisters of Orange County
14131 Yorba
Tustin, CA 92780
[SIGNATURE PAGE TO FOLLOW]
IN 'WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
2
Dr, Londres Uso, Mayor
BIG BROTHERS BIG SISTERS OF ORANGE
COUNTY
A*-
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
......... .........
am gas
Page 5
Keith Rhodes
CEO
EXHIBIT "A"
Project Review and Scope of Work
Big Brothers Big Sisters of Grange County will provide one (1) Project Site Coordinator and
one (1) Enrollment Support Case Manager for a mentoring program for children as part of
the GRIP Collaborative,
0 Contractor to facilitate matches, training, on-going support and supervision
Contractor to provide intake process of mentors and children
0 Contractor to recruit, screen and train adult volunteer mentors
Contractor to provide office supplies for staff, volunteer background checks, training
materials and session activity. supplies
Page 6
AGREEMENT.
FOR AFTERSCI• OOL RECREATION PROGRAMS
BETWEEN CITY OF SAN JUAN CAPISTRANO AND
BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
THIS AGREEMENT is made on the 7t' day of September 2010, by andbetweenthe
CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of
Capistrano Valley, hereinafter called "Cohtractor."
WHEREAS, the City wishes to engage Contractor to provide before school care for
children in 0t"', 7th and 8t' grades who attend Marco Forster Middle School in San Juan
Capistrano,
NOW, THEREFORE, City and Contractor mutually agree as follows;
Section 1. Scope of Mork.
The Contractor agrees to provide a high quality, comprehensive, before school care
program for students attending Marco Forster Middle School in San Juan Capistrano as
described in Exhibit "A."
Section 2. Equipment and SuI31311lies.
Contractor will supply all. equipment and supplies needed to conduct the before
school care program.
Section 3. Accident/incident Reports.
Contractor shall report to the City any accident or incident requiring emergency
response during program activities.- Official reports must be completed and submitted to
the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the
following Monday for occurrences on Friday night through Sunday.
ATTACHMENT 2
Page 1
ports.
Section 4, vai�€�ca, „,,,,,.,,..Rg
Contractor shall provide the City, through the GRIP committee, reports, which are
due as part of the CALGRIP reporting requirement.
Section 5, lnsaection cif Iecrsrds.
City may review and inspect Contractor's accounting records related to the Program
provided pursuant to this Agreement. Without prejudice to any other provisions of this
Agreement, Contractor small, where applicable, maintain the confidential nature of
information provided to it concerning participants in accordance with the requirements of
federal and state law. However, Contractor shall submit to City or it representatives, all
records requested, including audit, examinations, monitoring and verifications of reports
submitted by Contractor, costs incurred and services rendered hereunder.
Section 6. Designated. Representatives.
City and ,Contractor shall each designate one (1) person to be responsible for the
terms and conditions of this Agreement. The Contractor or his/her designee will attend
GRIP, community, Commission, or City Council meetings as requested by the City.
aection 7. Inde endent Contractor.
Contractor and its officials, agents and employees shall act and be independent
contractors and not agents or employees of City, and shall obtain no rights to any benefits
which accrue to City's employees,
Section B. Compliance with Law: -Verlf .
8.1. Compliance with Law
Contractor shall comply.with all applicable laws, ordinances, codes and regulations
of federal, state and local government. .
8.2. E -Verify.
If Contractor is not already enrolled in the U.S. department of Homeland Security's
-Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Contractor shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http.,/1www.usc:Is.go , or
access the registration page at tios://www.vis--dhs.com/employerregistration. Contractor
shall certify Its registration with E -Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
Page 2
Section 9. Employee and Volunteer Trainin/Back round Checks/Ph sical.
All employees of Contractor will be required to undergo a background check through
references, past employment history, and fingerprinting for compliance with Penal Code
Section 11105.3. Employees and volunteers of Contractorwill comply with Orange County
Health Department requirements regarding health testing and immunizations.
. ......... ......... ........ .. ......... ......
Contractor is to provide ongoing training and a minimum of quarterly training
sessions regarding recreational programs and youth development. All employees are
required to have First Aid and CPR training.
Section 10. Pgyment Schedule.
Contractor shall maintain sufficient accounting records, timecards, and other
documentation as deemed necessary in order to adequately document costs for the
provisions of services under this Agreement. Contractor shall invoice City on a monthly
basis for services rendered, not to exceed $100,612 per the GRIP grant funds. Upon
Contractor's invoice, City shall pay the amount due to Contractor $5,589 per month
between September 2010 — Larch 2012,
Sections 11. Retention of Funds,
City may withhold payment to Contractor to compensate City for any loss, cost,
liability or damage suffered by City due to default of Contractor in the performance of
services required.
Section 12'12, Term of Agreement.
This agreement shall be in effect for a period of.eighteen (18) months, beginning
September 7, 2010 through March 31, 2012, City reserves the right to terminate all
services of. Contractor at anytime upon sixty (60) days written notice, or immediately upon
breach of the Agreement.
Section 13. Insurance and Indemnification.
Contractor shall submit to the City:
A certificate of general liability insurance naming the City as additional
insured in the amount of $1,400,000 per occurrence;
A liability endorsement form with reference to the above -listed liability
insurance;
Proof of workers' compensation insurance for all employees in the amount
required by State Law;
Page: 3
Comprehensive automobile liability coverage for owned, hired and
non -owned vehicles in the amount of $1,000,000 package coverage
including bodily injury, property damage and uninsured motorist.
Contractor shall indemnify, defend, and hold harmless the City and its officers and
employees against all liabilities or claims of liability or lass (including reasonable attorney's
fees, related costs and expenses) because of death, personal injury or property damage
arising or resulting from the fault or negligence of Contractor in its operations under this
Agreement.
Section 14, Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Community Services Director
To Contractor: James Littlejohn, Executive Director
Boys & Girls Clubs of Capistrano Valley
1 Via Positiva
San Juan Capistrano, CA 92675
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
.. ... . .. .. . . ... . . ........ .... .. . ....... . ... ... .. .. .. .. I ............ ..... ....... . ....... ....
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
PIE
Page 5
By
Dr. Londres Uso, Mayor
BOYS & GIRLS CLUBS OF CAPISTRANO
VALLEY
By
James Littlejohn, Executive Director
EXHIBIT "A"
Project Overview and Scope of Work
Boys & Girls Clubs of Capistrano Valley will provide one (1) program coordinator and three
(3) program aides to provide the GRIP Care Program which is a before school program.
.. ......... .......... ...............
The program will be offered for a ten (10) month program during school session
0 Contractor to provide facility and program supplies
The program is for children in grades sixth, seventh and eighth who attend Marco
Forster Middle Schoch
Program to operate from 7:00 a.m,-8,30 a.m., Monday through Friday, with
extended hours until 0:30 a.m. on Tuesdays
* Provide before school activities under adult supervision
® Promote socialization and interpersonal skills, self-esteem and self confidence
i Provide homework assistance to participants
Page 6
THIS COOPERATIVE AGREEMENT is' made, entered into, and shall become
effective this 7th day of September 7, 2010, by and between the City of Sart Juan
Capistrano (hereinafter referred to as the "City") and Qepperdine University (hereinafter
referred to as the "University"), a California nonprofit public benefit corporation,
The University does not engage in government contract work, Consequently, it is the
parties' intent that this agreement is a cooperative agreement for the benefit of the public
and that entering into this .agreement does not trigger any compliance or reporting
obligation on the pail of the University. This agreement shall not in anyway jeopardize the
mission of the University, nor does it in any way enlarge the University's obligations under
federal or state law or regulation.
WHEREAS, City has established a need for certain services in connection with gang
prevention/intervention, counseling and education (including the development of
community outreach and education) which will provide a benefit to the public;
WHEREAS, University has proposed to provide such services in connection with
gang' prevention/intervention, counseling and education (including the development of
community outreach and education) for City, and has persons specifically trained and
experienced and competent to perform such services as required and as needed .on a
limited basis;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
stated herein, and of the funning for services in connection with gang reduction
prevention/intervention program (GRIP), hereinafter described, the parties hereto do
mutually agree as follows:.
Section 1. Sco2e of Work.
The scope of work to be performed by University shall consist of those tasks as set
forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 22. Term.
This Agreement shall commence on September 7, 2010, and shall terminate, and
all services required hereunder shall be completed, no later than August 31, 2012.
ATTACHMENT 3
Section 3. Corn ensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed: One
Hundred Twenty Seven Thousand Dollars ($127,000) as set forth in Exhibit "B," attached
and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, University shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
University shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that University shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assi r men .
The experience, knowledge, capability and reputation of University, its principals and
employees were a substantial inducement for City to eater into this Agreement. University
shall not contract with any other entity to perforin the services required without written
approval of the City. This Agreement may not be assigned, voluntarily or by operation of
law, without the prior written approval of the City, If University is permitted to subcontract
any part of this Agreement by City, University shall be responsible to City for the acts and
omissions of its subcontractor as it is for persons directly employed. Nothing contained in
this Agreement shall create any contractual relationships between any subcontractor and
City. All persons engaged in the work will be considered employees of University. City will
deal directly with and will make all payments to University.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
...........required prior to University undertaking_any.extra work.. I.n._the..event of a...cha.nge.in. the ......... ..............
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional University fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, University warrants that: (1) it has Investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should University discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section S. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law
University shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government_
9.1 Verification of Employability.
Offers of employment at Pepperdine University are contingent upon the ability to
demonstrate the legal right to employment in the United States on or before the first.day
of employment. The Center for Human Resources Office collects and maintains this
documentation. Failure to submit appropriate documentation before the employee
begins to work will subject the new hire to termination of employment.
Section 10. Conflicts of Interest,
University covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with University.
Section 11. Ownership of Documents.
. All reports, information, data and exhibits prepared or assembled by University in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and University agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City except that the University
shall have a license in perpetuity to use information contained in such documents for
educational purposes. The City acknowledges such documents are instruments of
University's professional services. No client privileged information will be released without
the client's written consent.
Section 12. Indemnity.
To the fullest extent permitted by law, University agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including
attorneys' fees, for injury or death of any person, or damages of any nature, including.
interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of University, University's
agents, officers, employees, subcontractors, or independent contractors hired by University
in the performance of the Agreement. The only exception to University's responsibility to
protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or
wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or
employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by University.
To the fullest extent permitted by law, City agrees to protect, defend and hold
harmless the University and its governing beard, officers, directors, employees, and agents
from any and all claims, liabilities, expenses or damages of any nature, including attorney's
fees, for injury or death of any person, or damages of any nature, including interference
with use of property, arising out of, or in any way connected with the negligence,
recklessness and/or intentional wrongful conduct of City, City's boards, officers, agents and
employees in the performance of this Agreement. The only exception to the City's
responsibility to protect, defend and hold harmless the University is due to the negligence,
recklessness and/or intentional wrongful conduct of the University, or any of its governing
board, officers, directors, employees and agents.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a. limitation upon the
amount of indemnification to be provided by City.
4
Section 13. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, University, at its own cost: and expense, shall carry, maintain forthe duration of
the agreement,. and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. University shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the University has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's wide Rating of A- Class
VII or better.
13.1 Comprehensive General Liability.
Throughout the term of this Agreement, University shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limn is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
13.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, University shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
13.3 Worker's Compensation,
If University intends to employ employees to perforin services under this
Agreement, University shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law_
13.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, University shall submit the
insurance certificates, including the deductible or self -retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of University, including the insured's general supervision of
University; products and completed operations of University; premises owned, occupied or
used by University; or automobiles owned, leased, hired, or borrowed by University. The
coverage shall contain no special limitations on the scope of protection afforded City, its
officers, employees, agents, or volunteers.
13.6 Errors and Omissions Coverage [FOR PROFESSIONSIWORK
EXCLUDED FROM GENERAL LIABILITY]
...... ......... ...........Throughout the term of this Agreement, University shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Collars ($9,000,000), Prior to beginning any work under this Agreement, University
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
13.6 Notice of Cancellation/Termination of Insurance.
The above policylpolicies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days` written notice is given to City, except that
ten (90) days` notice shall be given if there is a cancellation due to failure to pay a
premium.
13.7 Terms of Compensation.
University shall not receive any compensation until all insurance provisions
have been satisfied.
13,8 Notice to Proceed.
University shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that University has complied with all
insurance requirements of this Agreement.
Section 14. Termination.
Either party may terminate this Agreement without cause by giving thirty (30) days'
advance written notice of termination to the other party.
In addition, this Agreement may be terminated by either party for cause by providing
ten (10) days` notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, thea the agreement may be terminated subsequent
to the ten (10) stay cure periost.
6
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Cantor, Senior Management Analyst, 949-234--4565
To University: Programmatic:
Pepperdine University
Graduate School of Education and Psychology
18111 Von Karman Avenue, Suite 209
Irvine, CA 92612
Attn: Robert J. Hohenstein, PH.D., 714-528-9335
Administration:
Pepperdine University
24.255 Pacific Coast Highway
Malibu, CA 90263-4819
Attn: Alexandra Roosa, 310-506-6850
Section 16. Attorneys' Dees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys` fees, casts and
necessary disbursements in addition to any ether relief to which he may be entitled.
Section 17, Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the parties shall make every effort to resolve any dispute
informally prior to initiating legal action in any court of competent jurisdiction.
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
DATE:
ATTEST:
APPROVED AS TO FORM:
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PEPPERIDINE UNIVERSITY
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By
DATE: 7-13- ;2,z>10
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DATE:
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EXHIBIT "At7
Project Overview and Scope of Work
Pepperdine University will provide one (1) Gang Intervention Specialist enrolled in,
or in possession of, a Masters Degree in Psychology and over one year experience
in the following areas:
1. Drug alcohol tobacco use prevention and intervention
2. Individual, group and family counseling
3. Intervention and treatment of at -risk youth, including knowledge of Hispanic
culture and family dynamics
4. Crisis intervention
a. Collaboration with public schools and other community agencies regarding at -
risk youth
Additional Gang Intervention Specialists may be added, as needed. The City must
be notified in writing prior to the placement of additional Community Education
Specialists.
All Gang Intervention Specialists assigned to the program will be fluent in Spanish
and English and have over one (1) year experience counseling at -risk youth and
their families whose first language is Spanish.
The Gang Intervention Specialist will provide services including, but not limited to the
following:
I. Gang prevention/intervention counseling and education
2. At -risk youth, individual, group and family counseling including, but not limited
to the following:
a. Judgment and impulse control
b. Communication and problem solving
c. Conflict management and resolution
d. Drug alcohol tobacco education
e. Socialization skills
f. Self-concept enhancement
g. Goal setting and attainment
h. Academic performance
3. Community Outreach and Education. The Gang Intervention Specialist will
collaborate with City Government, Law Enforcement, school and families in
the community to develop presentations, seminars and other activities aimed
at families and the community effecting positive change. These activities will
include enrichment activities for youth at risk for gang involvement, drug,
alcohol, tobacco use and antisocial behavior.
4. Referrals when appropriate to druglalcohol programs, medical facilities, legal
awareness programs, and other appropriate community agencies.
5. Gang Intervention Specialist will meet regularly with Gang reduction,
intervention and prevention program Director, Lt, Dan Dwyer, regarding
program objectives, management and progress.
. .. ... . .... . .... .. . .... ..... . . ... ... ... . . . . . ..... .. .. ..........
Compensation and Payment
1. By the 15th day of the month, University shall submit an invoice to the City
. . ... . . ...... ... ..... . ... ...which reflects the total hours of services provided by the University during
the previous month. University's hourly fee for its services shall be $31.75
from September 1, 2010 to August 31, 2012,
2. The City shall make payments within 14 days of receipt of University's
invoice.
3. Payments shah be made to Pepperdine University and mailed to the Attn
of:Alexandra Roosa, Pepperdine University, Research and Sponsored
Programs, 24255 Pacific Coast Highway, Malibu, CA 90263.
4. The parties understand and agree that the annual contract amount will be
Sixty Three Thousand Five Hundred Dollars ($63,500). The two year
amount will be One Hundred Twenty Seven Thousand Dollars ($127,000).
3, TME CITY OF
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