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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