10-1207_ORANGE COUNTY DISTRICT ATTORNEY_AgreementAGREEMENT
FOR IMPLEMENTING CALIFORNIA GANG
REDUCTION, INTERVENTION AND PREVENTION
(CALGRIP) GRANT REQUIREMENTS BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND THE
DISTRICT ATTORNEY'S OFFICE OF ORANGE
COUNTY
THIS AGREEMENT is made on the 7th day of December 2010, by and between
the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and the Orange
County District Attorney's Office, hereinafter called "Contractor."
WHEREAS, the City wishes to engage Contractor to provide contract assistance
to facilitate and assist in CaIGRIP parent and educator presentations, enforcement
activities, meetings, collaborate with City and GRIP members incentive programs for
youth in San Juan Capistrano as part of the CaIGRIP 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, collaboration
with CalGRIP partners facilitating programs for youth in San Juan Capistrano as
described in Exhibit "A."
Section 2. 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 3. Evaluation Reports.
Contractor shall provide the City, through the CaIGRIP Committee, reports, which
are due as part of the CaIGRIP reporting requirement.
Section 4. 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.
Page 1
Section 5. 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
CaIGRIP, community, Commission, or City Council meetings as requested by the City.
Section 6. 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 7. Compliance with Law: E -Verify.
7.1. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
7.2. 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 EWVerify 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://www.usci§.qov, or access the registration page at https:/f .vis--
dhs.com/em�loyerreeistration. 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.
Section S. Employee and Volunteer Train in /Back round
Checks/Physical.
All employees
through references,
Penal Code Section
the Orange County
immunizations.
Page 2
of Contractor will be required to undergo a background check
past employment history, and fingerprinting for compliance with
11105.3. Employees and volunteers of Contractor will comply with
Health Department requirements regarding health testing and
Section 9. 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. Upon receipt of Contractor's monthly
invoice, City shall pay the amount not to exceed $34,741 per term of the Grant
agreement for the period of September 2010 — March 2012, to Contractor.
Section 10. 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 11. 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 any time upon sixty (60) days written notice, or immediately
upon breach of the Agreement.
Section 12. 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 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.
Page 3
All notices ll 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 Manager
To Contractor: Orange County District Attorney's Office
Attn:Tracy Rinauro
401 Civic Center Drive West
Santa Ana, CA 92701
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
BV
.� .
.VSAM ALLEVATO, MAYOR
APPROVED AS TO FORM:
Omar SandovalCity Attorney .,
Page 4
County D trlrt-Attorney's Office
EXHIBIT "A"
..-
orange County DA Contract
The Orange County District Attorney's Office
The Orange County District attorney's Office, as a member of the GRIP
Collaboration and a contractor of the City, will provide contract assistance for the
following scope of work:
e Contractor to facilitate and assist in GRIP parent and educator
presentations; provide gang. prevention curriculum for student; provide and
assist in gang educational training for student faculty, parents, and
collaboration partners.
® Contractor to plan and facilitate Strike Team Meetings, and provide follow-
up contact and reporting with targeted "at risk" students.
® Contractor to provide assistance in coordinating enforcement activities:
including truancy and curfew sweeps, and traditional gang suppression
activities.
« Contractor to participate with City and Collaboration members with
incentive programs and events for students, volunteers, and mentors.
• Contractor to assist in maintaining and presenting statistical accounting of
the GRIP Grant's Work Plan components' outcomes.
im
Today's Date:
Transmittal Routing
(Check All That Apply)
❑ City Attorney
F-1 City Manager
❑ City Clerk
CIP No. (if any): —ilL
Project Manager's Last Name:
� , It . ..... Phone Extension:
Council or CRA Meeting Date (if applicable): 1 10-1110
APPROVING AUTHORITY: (Check One)
ITW
Mayor
J CRA Chair
Ll City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement:
Names Street Cit y St Zip
OTHER INSTRUCTIONS:
V -n U C!,
U<,41
10
4v x oI�A t4A
Form Date: 01-2004 D - 7
1217/2010
AGENDA REPORT E12
TO. Joe Tait, City Manage
EROW Steven A. Apple, Deputy City Manager
Cynthia Alexander, Community Services Manager
SUBJECT. Consideration of CaIGRIP Agreements Between the City of San Juan
Capistrano and the Orange County Sheriffs Department and the Orange
County District Attorney's Office
RECOMMENDATION:
By motion, approve the Agreements between the City of San Juan Capistrano, and the
Orange County Sheriff's Department and the Orange County District Attorney's Office
SITUATION:
The California Emergency Management Agency (Ca[EMA), 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. Agreements for dispersal of funds have been approved by City Council on
September 7, 2010, with the Big Brothers Big Sisters of Orange County, Pepperdine
University (PRYDE), and the Boys & Girls Clubs of Capistrano Valley.
The Agreements between the City of San Juan Capistrano and the Orange County
Sheriff's Department and the Orange County District Attorney's Office authorizes Grant
dispersal for services and supplies for the Grant activities during the Agreement's term.
Summary and Recommendation:
To provide services under the CaIGRIP grant funding, the Orange County Sheriff's
Department will provide services to enhance gang reduction, provide intervention
services, gang suppression, intervention services, assist in presentations and
supplemental services for basic law enforcement and the Orange County District
Attorney's Office will provide assistance to facilitate and assist in CaIGRIP parent and
educator presentations, enforcement activities, meetings, collaborate with the City and
CaIGRIP members' incentive programs for youth in San Juan Capistrano as part of the
mentoring program (Attachment 1).
Agenda Report
Page 2
December 7, 2010
The City of San Juan Capistrano, in collaboration with the Orange County Sheriff's
Department, the Orange County District Attorney's Office, Capistrano Unified School
District, and the Boys & Girls Clubs of Capistrano Valley formed a San Juan Capistrano
CaIGRIP Program in the spring of 2008. The goal of CaIGRIP 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, 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. 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
[Z�]!7iI E11Is] "11aalsATA IZkyr l I]III a*to]i7ainIAg]�ILoki
This item will be presented to the Parks, Recreation and Equestrian Commission at their
meeting on January 17, 2011, as an informational item.
The Agreements (Attachments 2 and 3) will be funded through grant monies in the
amount of:
Orange County Sheriff's Department $45,173
Orange County District Attorney's Office $34,741
SUBTOTAL FOR CaIGRIP GRANTS $79,914
The Agreements (Attachments 4, 5 and 6) for the Big Brothers Big Sisters of Orange
County, Boys & Girls Clubs of Capistrano Valley, and Pepperdine University will be
funded through grant monies in the amount of:
Big Brothers Big Sisters of Orange County $39,888
Boys & Girls Clubs of Capistrano Valley $100,612
Pepperdine University (PRYDE) $127.,000
SUBTOTAL FOR CaIGRIP GRANTS $267,500
Agenda Report
Page 3 December 7, 2010
TOTAL FOR CaIGRIP GRANTS: $347,414
The remaining funds of $34,975 will be used for an intern whose tasks will include data
collection and volunteer personnel coordination, supervised by the City of San Juan
Capistrano.
NOTIFICATION:
Orange County Sheriff's Department
Lt. Dan Dwyer
Orange County District Attorney's Office
Tracy Rinauro, Deputy District Attorney
RECOMMENDATION:
By motion, approve the Agreements between the City of San Juan Capistrano and
Orange County Sheriff's Department and Orange County District Attorney's Office
Respectfully submitted,
Steven A. A
Deputy Cil ager
Attachments: 1. Operational Agreement
Prepared by,
Cynthia Alexander
Community Services Manager
2. Proposed Agreement for the Orange County Sheriff's Department
3. Proposed Agreement for the Orange County District Attorney's Office
4. Agreement for the Big Brothers Big Sisters of Orange County
5. Agreement for the Boys & Girls Clubs of Capistrano Valley
6. Agreement for Pepperdine University (PRYDE)
OPERATIONAL AGREEMENT Page I of 2
Between
The City of San Juan Capistrano, the Orange County Sheriff's Department, the Pepperdine
University Gang Prevention Program, the Boys and Girls Club of San Juan Capistrano, the
Capistrano Unified School District, the Orange County District Attorney's Office, and Big
Brothers and Big Sisters of Orange County.
This operational agreement stands as evidence that the City of San Juan Capistrano, the Orange
County Sheriff's Department — San Juan Capistrano Police Services, the Pepperdine University
Gang Prevention Program, the Boys and Girls Club of San Juan. Capistrano, the Capistrano
Unified School District, the Orange County District Attorney's Office, and Big Brothers and Big
Sisters of Orange County intend to work together toward the mutual goal of reducing gang cringe
and gang participation on the campuses of the six target schools and in the surrounding
neighborhoods in the City of Sam Juan Capistrano. All agencies as part of this agreement,
believe that implementation of the San Juan GRIP program will further this goal. To this end,
each agency agrees to participate in the program, if selected for funding by coordinating and
providing the following services:
The City of San Juan Capistrano will closely coordinate the following services with the Orange
County Sheriff's Department — San. Juan Capistrano Police Services:, the Pepperdine University
program, the Boys and Girls Club of San Juan Capistrano, the Capistrano Unified School .
District, the Orange County District Attorney's Office, and Big Brothers and Big Sisters of
Orange County.
Regularly scheduled meetings with the San Juan GRIP Advisory Board and the sub -boards of the
San Juan GRIP Committee will be scheduled once a month to discuss strategies, time tables and
implementation of mandated services. Specifically, the San Juan GRIP Committee will
implement the Before School Program through the Boys and GirI.s Club of Capistrano Valley;
Big Brothers Big Sisters of Orange County At -Risk Mentoring Program; Counseling
Intervention program, the Parents Supporting Parents Groups, Volunteer Reader program,
Truancy Sweeps, Curfew Sweeps, Parent and Faculty Education meetings, and Student Gang
Prevention curriculum.
The roles and responsibilities of the City of San Juan Capistrano are to administer the grant and
transfer the finds as required to the Pepperdine University Gang Prevention. Program, the Buys
and Girls Club of San Juan Capistrano, the Capistrano Unified School District, the Orange
County District A.ttomey's Office, and Big Brothers and Big Sisters of Orange County.
i
OPERATIONAL AGREEMENT Page 2 of 2
We the undersigned, as authorized representatives of the City of San Juan Capistrano, the Orange
County Sheriffs Department — San Juan Police Services, the Pepperdine University Gang
Prevention Program, the Boys and Gins Club of San Juan Capistrano, the Capistrano Unified
School District, the Orange County District Attorney's Office, and. Big Brothers and :Big Sisters
of Orange County do hereby approve this document.
San JUA Capistrano
)
Pepperdine University's Gang Prevention Program
The Boys and Girls Club of San Tuan Capistrano
Orange County Sheriff s artment — San Juan
Capistra ce Services
CffPk1D&o Unified School Dastrict
Orange County bistrict Attorney's Office
Big Brot e 's and Big Sisters of Orange County
San Juan Capistrano
Gang Reduction
A
dv1sory Committee
Sandra Hutchens
Sheriff Coroner
Dan Dwyer '
Chief of Police Services, City of San .duan Capistrano
Tony Rackaukas
District Attorney
Tracy Rinauro
Deputy District Attorney, Gang Prevention
Brett Brian
Deputy District Attorney, Target Gang Unit
Colleene Preciado
Chief Probation Officer
Dr. Roberta Mahler
Interim Superintendent, Capistrano Unified School District
Mike Beekman
Executive Director Student Services, CUSD
Dr. Robert Hohenstein
Director of Pepperdine University Gang Prevention Program
Rick Martin
Director of Curriculum & Instruction, OC Dept. of Education
San Juan Capistrano Gang Reduction and Intervention Partnersh!
Coareffhating Committee i
Debbie Pharis Director of OCCO, Collaborative faith -based organization
Ken Woog Pepperdine University Gang Prevention Program
Mike Beekman Executive director of Student Services, Capistrano Unified School District
Carrie Bertini
Principal, Marco f=orester Middle School
Dr. Hohenstein
Director, Pepperdine University Gang Prevention Program
Brett Brian
Deputy District Attorney, TARGET
Debra Cassano
San Juan Capistrano Bays and Girls Club
Chris Miller
Costco
.Toe Tait
City Manager, San Juan Capistrano
Denise Lamb
Boys and Girls Club of Capistrano Valley
Dan Dwyer Lieutenant, Chief of Police Services, San Juan Capistrano
Eric Gruenewaid Principal, Dei Obispo Elementary
Heather Premac Parent Teacher Association
Jaynes Littlejohn Boys and Girls Club of Capistrano Valley
Joe Sato President, CREER
Lon Uso
Mayor, Sari Juan Capistrano
Karen Crocker
Community Resource Director, City of San ,Tuan Capistrano
Mark Kiernan
Sergeant, Sheriff's Department Gang Detail
Harold Abe
SRO & GRIP Deputy, San Juan Capistrano Police Services, GRIP Coord,
Mike McHenry
Sergeant, Juvenile Services Bureau
Peggy Baerst
Principal, Kinoshita Elementary School
Sue Palazzo
Trustee, Capistrano Unified School District
Megan Hartman
Big Brothers and Big Sisters of Orange County
Jeremy Randall
YMCA of Orange County
Charles Binette
Senior Social Worker, Orange County Social Services Agency
Mark Rosenberg
Assistant District Attorney, Orange County District Attorney's Office
Silvia Pule
Principal, San Juan Elementary
George Knights
Principal, Newhart Middle School
Kelly Reynolds
Bays and Girls Club of Capistrano Valley
Ruby Lopez
Pepperdine Gang prevention Counselor
Luis Becerra
Pepperdine Gang Prevention Counselor
Bobbi Mahler
Interim Superiniendant, Capistrano Unified School District
Tracy Rinauro
Gang Prevention Deputy District Attorney, GRIP Coordinator
AGREEMENT
FOR IMPLEMENTINGCALIFORNIA
.. INTERVENTION AND PREVENTION
(CALGRI.: GRANT REQUIREMENTS
THE CITY OF SAN JUAN CAPISTRANO AND
ORANGE COUNTY SHERIFF'S
THIS AGREEMENT is made on the 7t day of December 2010, by and between
the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and the Orange
County Sheriff's Department, hereinafter called "Contractor."
WHEREAS, the City wishes to engage Contractor to provide contract assistance
to facilitate gang reduction services, enforcement activities, and intervention services
with the City and CaIGRIP members for youth in San Juan Capistrano as part of the
CaIGRIP Grant Program,
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The Contractor agrees to provide services to enhance gang reduction, provide
intervention services, gang suppression, and intervention services, and supplemental
services for basic law enforcement contract with CaIGRIP partners facilitating programs
for youth in San Juan Capistrano as described in Exhibit "A"
Section 2. Supplies.
Contractor will provide office supplies, not to exceed $2,577 for 24 months for the
term of CaIGRIP grant funds.
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 Re orfs.
Contractor shall provide the City, through the CaIGRIP Committee, reports, which
are due as part of the CaIGRIP reporting requirement.
Page 1
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
CaIGRIP, 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. Employee and Volunteer Training/Background
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.
Section 3. 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 and supplies under this Agreement. Upon receipt of Contractor's
monthly invoice, City shall pay the amount not to exceed $34,741 per term of the Grant
agreement for the period of September 2010 — March 2012, to Contractor.
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.
Page 2
Section 11. 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 12. 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 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 13. 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 Manager
Page 3
To Contractor: Orange County Sheriff's Dept.
32506 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Lt. Dan Dwyer
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first hereinabove written.
ATTEST.
Maria Morris, City Clerk
y -
CITY OF SAN JUAN CAPISTRANO
M
Mayor
ORANGE COUNTY SHERIFF'S DEPARTMENT
By
Lt. Dan Dwyer
The Orange County Sheriff's Department, as a member of the GRIP
Collaboration and a contractor of the City, will provide contract assistance
for the following scope of work:
• Contractor to facilitate and assist in GRIP parent and educator
presentations; provide gang prevention curriculum for student;
provide and assist in gang educational training for student faculty,
parents, and collaboration partners.
® Contractor to plan, host, facilitate Strike Team Meetings, and provide
follow-up contact and reporting with targeted "at risk" students.
• Contractor to provide enforcement activities: including truancy and
curfew sweeps, and traditional gang suppression activities.
• Contractor to participate with City and Collaboration members with
incentive programs and events for students, volunteers, and mentors.
• Contractor to assist in maintaining and presenting statistical
accounting of the GRIP Grant's Work Plan components' outcomes.
Page 5
AGREEMENT I
FOR IMPLEMENTING CALIFORNIA GANC
REDUCTION, INTERVENTION AND PREVENTIO
A. w' ■: GRANT REQUIREMENTS BETWEEI
THE CITY OF SAN .i f. w ..'- r'. A ' ...M.
DISTRICT [..w..NEYS OFFICE OF OR1, - 0�' ,:
TY
THIS AGREEMENT is made on the 7th day of December 2010, by and between
the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and the Orange
County District Attorney's Deputy, hereinafter called "Contractor."
WHEREAS, the City wishes to engage Contractor to provide contract assistance
to facilitate and assist in CaIGRIP parent and educator presentations, enforcement
activities, meetings, collaborate with City and GRIP members incentive programs for
youth in San Juan Capistrano as part of the CaIGRIP 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, collaboration
with CaIGRIP partners facilitating programs for youth in San Juan Capistrano as
described In Exhibit "A."
Section 2. Accidentlincident 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 3. Evaluation Reports.
Contractor shall provide the City, through the CaIGRIP Committee, reports, which
are due as part of the CaIGRIP reporting requirement.
Section 4. 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
oUthis 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.
Page 1
/E'11411011A,140:1111
Section 5. 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
CaIGRIP, community, Commission, or City Council meetings as requested by the City.
Section 6. 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 7. Compliance with Law: E-Verif .
7.1. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
7.2. 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
http:// .uscis.c , or access the registration page at httPs,//www.vis-
dhs.comfern o i rregis#ration. 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.
Section & Employee and Volunteer Train in Lack round
Checks/Phical.
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
the Orange County Health Department requirements regarding health testing and
immunizations.
Page 2
Section 9. 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. Upon receipt of Contractor's monthly
invoice, City shall pay the amount not to exceed $34,741 per term of the Grant
agreement for the period of September 2010 -- March 2012, to Contractor.
Section 10. 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 11. 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 any time upon sixty (60) days written notice, or immediately
upon breach of the Agreement.
Section 12. 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 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.
Page 3
Section 13. 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 Manager
To Contractor: Orange County District Attorney's Deputy
Attn:Tracy Rinauro
401 Civic Center Drive West
Santa Ana, CA 92701
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
9-A
M
ATTEST.
Maria Morris, City Clerk
Omar Sandoval, City Attorney
Page 4
Mayor
Orange County District Attorney's Office
EXHIBIT "A"'
Orange County DA Contract
The Orange County District Attorney's Office
The Orange County District attorney's Office, as a member of the GRIP
Collaboration and a contractor of the City, will provide contract assistance for the
following scope of work:
e Contractor to facilitate and assist in GRIP parent and educator
presentations; provide gang prevention curriculum for student; provide and
assist in gang educational training for student faculty, parents, and
collaboration partners.
Contractor to plan and facilitate Strike Team Meetings, and provide follow-
up contact and reporting with targeted "at risk" students.
Contractor to provide assistance in coordinating enforcement activities:
including truancy and curfew sweeps, and traditional gang suppression
activities.
® Contractor to participate with City and Collaboration members with
incentive programs and events for students, volunteers, and mentors.
® Contractor to assist in maintaining and presenting statistical accounting of
the GRIP Grant's Work Plan components' outcomes.
Page 5
AGREEMENT 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
. O- IAF:. AA;R.
THIS AGREEMENT is made on the 7th 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 Nigh quality, comprehensive, mentoring program
for youth in San Juan Capistrano as described in Exhibit "A".
Section 2. Equipment 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.
Page 1 ATTACHMENT 4
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 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-Yerify.
Compliance8.1
Contractor shall complywith 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 http,//www.uscis.goy, or
access the registration page at htpll_ - _ -vis-df�s.cor�Ier to erre istration. 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.
.�-J
Section~ 9. Employee and Volunteer Training/Background 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 ofContractorwill 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. 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
Proof of workers' compensation insurance for all employees in the amount
required by State Law;
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 92075
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 S6 JUAA,'iSTRANO
.... ... ..... — 1. 1 . .. . 1 .1 1 ... I .. . _"\ ..A
M
Dr. Londres Use,
BIG BROTHERS BIG SISTERS OF ORANGE
COUNTY
By
Keith Rhodes
CEO
ATTEST:
Maria Morris, CI Clerk
APPROVED AS TO FORM.,
rz
EXHIBIT "All
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.
® 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
ITRTNIJ .:i;:
THIS AGREEMENT is made on the 7 t 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 6t", 7 t and 8th grades who attend Marco Forster Middle School in San Juan
Capistrano.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Wor C.
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 Supplies.
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.
Contractor shall provide the City, through the GRIP committee, reports, which are
due as part of the CALGRIP reporting requirement.
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
Page 1
Attachment 5
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: E -Verify.
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
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 EWVerify program can be found at http:// .uscisn ov, or
access the registration page at htt s-//www.vis-dh oom/er�n�lo eerreoistration. 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.
Section 9. Employee and Volunteer Trainin /Bach 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.
Page 2
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 $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. 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 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;
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.
Page 3
Section 14, Notice.
All notices skull 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]
Page 4
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
CITY OF SAN
M
Dr. Londres
BOYS & GIRLS CLUBS OF CAPISTRANO
VALLEY
By
James Littlejohn, Executive irector
ATTEST,
Maria Morn q, Ody Cterk
APPROVED AS TO FORM:
Omar Sandbval, City Attorney
Page 5
EXHIBIT "A05
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 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
o Provide before school activities under adult supervision
® Promote socialization and interpersonal skills, self-esteem and self confidence
r Provide homework assistance to participants
Page 6
ffi�M 110T
THIS COOPERATIVE AGREEMENT is"made, entered into, and shall become
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
referred to as the "University"), a. California no . nprofit public benefit corporation.
RECITALS-.
The University does not engage in government contract work. Consequently, it is the
parties' intent that this agreement is a coopetative 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 in any way jeopardize the
mission of the University nor does it in any way enlarge the University's ity's obligations under
federal or state law or regulation.
WHER . EAS, 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 funding for services in connection with gang reduction
prevention/intervention program (GRIP), hereinafter described, the parties hereto do
mutually agree as follows:.
scoot of Work.
The scope of work to be performed by University shall consist of those tasks es set
forth in Exhibit'.A "attached and incorporated herein by reference. To the extent thatthere
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.. Term.
This Agreement shall commence on September 7, 20`10, and shall terminate,. and
all services required hereunder shall be completed, no later than August 31, 2012.
ATTACHMENT 6
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 31, University shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will
wiI 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.
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 61 Limitations Upon Subcontracting and A§isi nr�rerit.
The experience, knowledge, capability and reputation of University, its principals and
employees were a substantial inducement for City to enter 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
thout 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.
2
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. In 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 Sitq:
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 Esseince.
nce,
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law
University shall comply with 811 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.t.he new hire
ire 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.
3
O N
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 lave, and University agrees that they shall net 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 costsor 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. IndemnityI
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 cla ms, 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 properly, arising out of, or in any gray 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 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 wether 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 for the duration of
the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified ied 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 e 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. Guide Rating of A- Glass
VI I 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 (.$1,00.0,000.00)., combined single Iii -nit 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 force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million doilars per occurrence
($1,000;000;0{0.
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 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
If 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, [eased, hired, or borrowed by University. The
coverage ge shall contain no special limitations on the scope of protection afforded C4, its
officers, employees., agents., or volunteers,
13.5 Errors: and Omissions Coverage [FOR PROFESSIONSIWORK
EXCLUDED F ROM 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 Dollars ($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.
116 Notice of Cancellation/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.
University shall not proceed with anywork underthis Agreement until the City
has issued a written "Notice to Proceed" verifying that Uni . versity 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 ton (10) day cure period.
6
section -I N 0 -fic e -
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 serviceof process:
To City: City of San Juan. Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Cantor, Senior Management Analyst, 949 2.34-4565
To University- Program matic-
Pepperdine Uftiversity
Graduate School of Education and Psychology
18:111 Von Karman Avenue, Suite 209
Irvine, CA 9.2.612.
Attn- Robert J. Hohenstein, PKID., 714-628-9335
Administration:
Pepperdine University
24255 Pacific Coast Highway
Malibu, CA 90263-4819
Attn: Alexandra Roosa, 310-506-6850
Section 16. Attorneys' Fees,.
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, 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 Aweement.
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]
7
IN WITNESS WHEREOF, the parties here have)�x-emjted this Agreement.
ISTRANO
la
PEPPERDINE UNIVERSITY
By- . . . . .............. .
DATE:
0
DATE -
ATTEST:
u
APPROVED AS TO FORM:
(DROA Aokl � l:
7WEINTURM
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
-
I , 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
i .
5. Collaboraton with public schools and other her 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 Interventian Specialists assigned to the program will be fluent in Spanish and English and have
over one (I) year experience counseling at -.risk youth and their families whose first language is Spanish,
The Gang Intervention. Specialist will provide services including, lout not limited to the following-,
t, Gang preventionfintervention 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 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,
1. By the 15" day of the month, University ball 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, 2€ 10 to August 31, 2012.
2. The City shall male payments within 14 days of receipt of University's invoice.
I Payments shall he made to pepperdine University and mailed to the Attn of.Alexandra Roosa,
Pepperd ne 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 Collars ($03,500). The two year amount will be One Hundred Twenty
Seven Thousand Dollars ($127,000).
32400 FSA. ADELANTO
(94W 53-M A;
m€=mE u;m of °n' cm COIJ�-
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SA AL rKi
LAVRAFRE
FV,CWS W 6dRIDAP.
MAWKNIr:US N
r,A, DONOR211
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, December 7,
2010, in the City Council Chamber in City Hall, to consider: "Consideration of CaIGRIP
Agreements Between the City of San Juan Capistrano and the Orange County
Sheriff's Department and the Orange County District Attorney's Office" — Item No.
E12.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, December 6, 2010, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Cynthia Alexander,
Community Services Manager. You may contact that staff member at (949) 443-6395 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an email to:
cityclerk _ sanjuancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Orange County Sheriff's Department, Lt. Dan Dwyer; Orange County District
Attorney's Office, Tracy Rinauro, Deputy District Attorney
32400 PASEO ADELANTO
SAPS JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 rAx
www.sanjuancapistrano.org
TO:
Orange County District Attorney's Office
Attn. Tracy Rinauro
401 Civic Center Drive West
Santa Ana, CA 92701
DATE: March 23, 2011
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SARA ALLEVATO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Agreement for Implementing California Gang Reduction, Intervention and Prevention
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
If you have questions concerning the agreement, please contact Cynthia Alexander,
Community Services Manager at (949) 443-6395.
An original agreement is enclosed for your records.
Cc: Cynthia Alexander, Community Services Manager
San .Juan Capistrano: Preserving the Past to Enhance the T'ut re
Prhted on 100% recycled paper
COUNTY OF ORANGE
® CERTIFICATE OF SELF-INSURANCE' k j
Q+
?I
Office of Risk Management, 600 W. Santa Ana Blvd., Ste. 104, Santa Ana, CA 92701
Coverage: This is to certify that the County of Orange is self-insured for the following
coverage:
Type of Coverage
Self -Insurance Limit
General Liability: Bodily Injury and Property Damage
$1,000,000
Automobile Liability: Vehicles owned, non -owned and hired
$1,000,000
Workers' Compensation
Statutory
Terns Conditions and Special Items.
The provisions Linder General Liability, above, shall apply only with respect to claims arising out of the
negligent acts or omissions of the County of Orange, its officers, agents and employees or any other
person under its direction and control.
Cancellation:
Should any of the above described. self-insured coverage be modified or cancelled before the expiration date
shown below, the County of Orange will provide 30 days written. notice to the named certificate bolder.
Certificate Holder Certificate (affective Date: 09/07/10
City of San .Tuan Capistrano Certificate Expiration Date: 03/31/12
32400 Paseo Adelanto
San. Juan Capistrano CA 92675
ATTN: City Clerk
RE: Agreement for implementing California gang reduction,
intervention, and prevention (CALGRIP) grant requirements Manager, Risk Management
between the City of San Juan Capistrano and the Orange (714) 285-5500
County Sheriffs Department. Date Certificate Issued: 03/03/11