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10-0907_BIG BROTHERS BIG SISTERS OF OC_AgreementAGREEMENT FOR IMPLEMENTING CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (CALGRIP) GRANT REQUIREMENTS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BIG BROTHERS BIG SISTERS OF ORANGE ..THIS AGREEI5111ENT is made on the 716 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 1. Scope of Work. The Contractor agrees to provide a high quality, comprehensive, mentoring program for youth in San Juan Capistrano as described in Exhibit "A". Section 2. Eguipment and Supplies. Contractor will supply all equipment and supplies needed to conduct the mentoring program, to include training materials. 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. Section 4. Evaluation Reports, Contractor shall provide the City, through the GRIP committee, reports, which are due as part of the CALGRIP reporting requirement. Section 5. 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 state law. However, Contractor shall submit to City or it representatives, all records requested, including audit, examinations, monitor.ing..a.nd._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 i. 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 B. Compliance with Law: E -Verify. 6.1 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 new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at hLtE://www.usg'!L.gov, or access the registration page at httos:/lvvwo�v.yis-dhs.�jm/e plo errg tr do . 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/Physical. 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 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, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. Section 12. Terra 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 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 or loss (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. ts..operatio.ns_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: Big Brothers Big Sisters of Orange County 14131 Yorba Tustin, CA 92780 [SIGNATURE PAGE TO FOLLOW] Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SM .JUAR-CA ISTRANO Dr. Londres Uso, Mayo BIG BROTHERS BIG SISTERS OF ORANGE COUNTY By Keith Rhodes CEO ATTEST: Am 9 - Maria Morris, bj Clerk APPROVED AS TO FORM: Omar an al, i y torney Page 5 EXHIBIT "A" Project Review and Scope of Work Big Brothers Big Sisters of Orange 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. .... ......... o Contractor to facilitate matches, training, on-going support and supervision ® Contractor to provide intake process of mentors and children o 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 Im 9/712010 R TO: Joe Tait, City Nlanageer FROM- Karen Cracker, Community Services Director SUBJECT: Consideration of CaIGRIP Agreements, Between the City of San duan Capistrano and Pepperdine university, Bays & 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 Birt Brothers Big Sisters of Orange County. SITUATION: Attached is a revised title change to the agreement between the City and the Boys & Girls Clubs of Capistrano Valley. FINANCIAL CONSIDERATIONS: a a� Respectfully submitted, f i W-�n uuu {' Karen Crocker Community Services Director Attachment; 1. Revised Boys & Girls Clubs of Capistrano Valley License Agreement ;`- 'l ► . • ,: : it a, THIS AGREEMENT is rade on the 7ht day of September 2010; by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of Capistrano Valley, .hereinafter called "Contractor." WHEREAS, the City wishes to engage Contractor to provide before school care for children in 6 th 7tn and 8t" grades who attend Marco Forster Middle School in San duan Capistrano. NOW, THEREFORE, City and Contractor mutually agree as follows. Section 1, Scoge of Work. 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 SuD Iles. 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. Section 4. Evaluation Be orts. Contractor shall provide the City, through the GRIP committee, reports, which are due as part of the CALGRIP reporting requirement. Section 5.Ins�ectior� 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 mature 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 Page 1 ATTACHMENT I 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 i. 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: E -Verity. 81. Compliance with Law Contractor shall comply with all applicable lavers, 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 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 new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at h . /�rsav® lois, civ, or access the registration page at httpE�,,//www.vis-dt�s.com/eMLoye.rreqistration. Contractor shall certify its registration with EMVerify and provide its registration number within sixteen days of the effective date of this Agreement, f=ailure to provide certification will result in withholding payment until full compliance is demonstrated. Section 9. Employee and Volunteer Train ing/Baclkground Checks/Physical. 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 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. Page 2 Section 101 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 $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 2014 — March 2012, Section 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. 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 $1,000,000 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; Comprehensive automobile liability coverage for awned, hired and non -owned vehicles in the amount of $1,004,000 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 loss (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. Page 3 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 02675 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 PACE TO FOLLOW] IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO Dr. Londres Uso, Mayer BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY By ATTEST: Mama Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Page 5 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 Gare Program which is a before school program. ! The program will be offered for a ten (10) month program during school session & Contractor to provide facility and program supplies The program is for children in gravies sixth, seventh and eighth who attend Marco Forster Middle: School Program to operate from 7:00 a.m.-8:30 a.m., Monday through Friday, with extended fours until 3:30 a.m. on Tuesdays 0 Provide before school activities cinder adult supervision # Promote socialization and interpersonal skills, self-esteem and self confidence 0 Provide homework assistance to participants 917/2010 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), awarded 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 flour (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). Backwound: The City of San Juan Capistrano, in collaboration with Orange County Sheriff's Department, Orange County District Attorney's Office, Capistrano Unified School District, and the Bays & 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 $ 39,888 $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, "- - Karen Crocker Community Services Director Attachments: 1. Proposed License Agreement for the Big Brothers Big Sisters of Orange County 2, Proposed License Agreement Boys & Girls Clubs of Capistrano Valley 3. Proposed License Agreement Pepperdine University 4. Location Map AGREEMENT FOR IMPLEMENTING CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (CALGRIP) GRANT REQUIREMENTS BETWEEN THE CITY OF SAKI JUAN CAPISTRANO AND BIG BROTHERS BIG SISTERS OF ORANGE COU TY_M.113BS} THIS AGREEMENT is made on the 7t' dayof September2010, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter caned "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 1_. Scope of Work. The Contractor agrees to provide a high duality, comprehensive, mentoring program for youth in San Juan Capistrano as described in Exhibit"A" Section 2. Equipment sand Su lies. Contractor will supply all equipment and suppiies 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 44. Evaluation Deports. Contractor shall provide the City, through the GRIP committee, reports, which are due as part of the CALGRIP reporting requirement. Page I Section 5. 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 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. Section 7. lndeDendent 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. E-Verif . 6.1 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 htt ://www.uscis.�oy, or access the registration page at hti s:llwww,vis-dhs.comi/ern le erre ist�. 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 g. ' Employee and Volunteer Training/Background Checks/Ph deal. 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 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 CPP 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 $39,388 per the GIMP 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. Detention 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. Terre of Acer went. 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 or loss (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 duan Capistrano, CA 92675 Attn: Community Services Director To Contractor: Sig Brothers Pig Sisters of Orange County 14131 Yorba Tustin, CA 92780 [SIGNATURE PAGE TO FOLLOW] «s- INIWITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written, CITY OF SAN JUAN CAPISTRANO . . . ....... . By Dr, Londres Uso, Mayor BIG BROTHERS BIG SISTERS OF ORANGE COUNTY 01 ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: INVOW MR1. 11 0 rr f�- - y X-ttorney Page 5 Keith Rhodes CEO EXHIBIT "A$1 Project Review and Scope of Work Big Brothers Big Sisters of Orange County will provide one (1) Project Site Coordinator and one () 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 0 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 AF'TERSCHOOL RECREATION PROGRAMS BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the_7th day of September 201,0, by and.. between. the CITY OF SA JUAN CAPISTRANO, hereinafter called "City," and Boys & Girds Clubs of Capistrano Valley, hereinafter called "Contractor." WHEREAS, the City wishes to engage Contractor to provide before school care for children in 6h, 7' and 8th grades who attend Marco Forster Middle School in San Juan Capistrano, NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Sco a of Work, The Contractor agrees to provide a high quality, comprehensive, before school care program for students attending Marco Forster Diddle School in San Juan Capistrano as described in Exhibit "A." Section 2. E ui.pmeet _and,S. pl2lies. 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 submifted to the City within twenty-four (2.4) fours of the occurrence, Monday through Friday, and the following Monday for occurrences on Friday night through Sunday. ATTACHMENT 2 Page 1 Section 4, l valuation B1ports. Contractor shall provide the City, through the GRIP committee, reports, which are due as part of the CALGRIP reporting requirement. Section 5. Insbecti,o.rt,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 previsions 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 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 G. 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 B. Compliance with Law: ERVerif . 8.1. Compliance with Law Contractor shall comply.with all applicable laws, ordinances, codes and regulations of federal, state and local government. 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 new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at htt ://www.uscls. ov, or access the registration page at https://wwwvis-dhs.com/emoloyerre 1 tration. 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 Training/Background Checka/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 complywith 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, Pa meat Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in carder 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 — March 2012, Section 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. 'Tema of A reernent. 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; 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 loss (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 T4 FOLLOW) IN WITNESS WHEREOF, the pales have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO . .. .. ... .. . . ...... .... .... . . .. ...... ...... . ..... ... . . .. ....... .... .. . .. .. ... ..... ATTEST; Maria Morris, City Clerk APPROVED AS TO FORM: IWA Page 5 By Dr. Londres Uso, Mayor BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY M - James Littlejohn, Executive Director EXHIBIT "A" Project Overview and Scope of Work Boys & Girls Orbs 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. ......... ... ... ........ . ..... . ..... ... .. 0 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 School Program to operate from 7:00 a.m.-8,30 a.m., Monday through Friday, with extended hours until 9:30 a.m. on Tuesdays e Provide before school activities under adult supervision ® Promote socialization and interpersonal skills, self-esteem and self confidence 6 Provide homework assistance to participants Page 6 THIS COOPERATIVE AGREEMENT is' made, entered into, and shall became effective this 71h day of September 7, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pepperdine University (hereinafter ................................................ ............... r:eferred to as the "University"), a California nonprofit public benefit corporation. RECITAL : 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 part of the University. This agreement shall not inany way 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 preventionfintervention, 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 funding for services in connection with gang reduction prevention/intervention program (GRIP), hereinafter described, the parties hereto do mutually agree as follows.. Section 11 SCORO of work. The scope of work to be performed by University shall consist of those tasks as set Barth 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' 2. Terra. This Agreement shall commence on September 7, 2010, and shall terminate, and all services required hereunder shall be completed, no later than August 31, 2112.. ATTACHMENT 3 Section 3. Compensation. 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 casts 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 small obtain no rights to any benefits which accrue to City's employees. Section S. limitations Upon Subcontractin and Assignment. 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 perform 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 Chanels to Scrape of Work, For extra work not part of this Agreement, a written authorization from City is required prior to University undertaking any extra work. 1_n the event of a change 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 8, 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 lavers, ordinances, codes and regulations of federal, state and local government. 91 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 M 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 i1. 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 theCityand 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 held 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 board, 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 snail be provided by Admitted insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VIl or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, University shall maintain in full farce 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 limit 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 farce 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 perform 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 submitthe 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. 13.5 Errors and Omissions Coverage [FOR PROF ESSIONSIWORK EXCLUDE© FROM GENERA. 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 ($1,000,000). 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 Cancel] ation/Termination of Insurance. The above policy/policies 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 (10) 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, then the agreement may be terminated subsequent to the ten (10) day cure period. C 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 Sari 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 Ervine, CA 92612 Attn: Robert J. Hohenstein, PH.D., 714-528-9335 Administration: Pepperdine University 24255 Pacific Crust Highway Malibu, CA 90263-4819 Attn: Alexandra Roosa, 310-506.6850 Section 15. Attornen'_Fees. If any action at laver or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys` fees, costs and necessary disbursements in addition to any other 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 there pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM. CITY OF SAN JUAN CAPISTRANO By: DATE: PEPPERDINE UNIVERSITY By: DATE: 7-13- ;2-e40 m 8 EXHIBIT "AA' 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 5. 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: 1. Gang prevention/intervention counseling and education 2. At -risk youth, individual, group and family counseling including, but not limited to the fallowing: 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 drug/alcohol 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. r Compensation and Payment 1. By the 15th day of the month, University shall submit an invoice to the City ......... whish 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 shall 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). THE CITY OF SAN JUAN CAPISTRANO 8 Marco Forster Middle School Boys & Girls Clubs of Capistrano Valley 0 KOO 6000 9000 Feet m m, 32400 PASS® ADELANTO SAN JUAN CAPIS'II'RANO, CA 92675 i949i 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL Big Brothers Big Sisters of Orange County 14131 Yorba Tustin, CA 92780 DATE: September 20, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Agreement for Gang Reduction, Intervention, and Prevention (CALGRIP) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E -verify certificate as outlined in your contract under Section 8. If you have questions related to insurance and E -verify requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Karen Crocker, Community Services Director at (949) 443-6389. An original agreement is enclosed for your records. Cc: Karen Crocker, Community Services Director San .Tuan Capistrano: Preserving the Past to Enhance the Future .1 Prinmd nn 100% rer.vrled naner MEMBERS OF THE CITY COUNCIL Ifl(&MP6RAYE9 SMALL VATO LAURA FREESE f531lISR£R THOMAS W. HRIBAIR 17 MARK NIELSEN DR. LflP DRES use Big Brothers Big Sisters of Orange County 14131 Yorba Tustin, CA 92780 DATE: September 20, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Agreement for Gang Reduction, Intervention, and Prevention (CALGRIP) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E -verify certificate as outlined in your contract under Section 8. If you have questions related to insurance and E -verify requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Karen Crocker, Community Services Director at (949) 443-6389. An original agreement is enclosed for your records. Cc: Karen Crocker, Community Services Director San .Tuan Capistrano: Preserving the Past to Enhance the Future .1 Prinmd nn 100% rer.vrled naner