HomeMy WebLinkAbout19-Parks & Recreation
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: January 8, 2003
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Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO OR HER DESIGNEE TO
EXECUTE AN AGREEMENT TO PROVIDE
MENTO RING SERVICES FOR THE COUNTY
OF SAN BERNARDINO COMMUNITY
SERVICES DEPARTMENT FOR THE PERIOD
OCTOBER 15, 2002 THROUGH OCTOBER 14,
2003.
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Department
MICC Meeting Date: January 21, 2003
Synopsis of Previous Council Action:
10-21-02 - Council approved Resolution No. 2002-344 to execute a contract with the County of
San Bernardino to provide youth mentoring services as part of the County FOCUS Project for
the period of August 1,2002 through June 30, 2003
Recommended Motion:
Adopt Resolution
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Contact person: Eustolia Hearns
Phone: 885-1847
Supporting data attached: sta[heport. Reso. and Contract
Ward: Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.) 123-551-5014
(Ar.r.t nA!':r.riptinn)
Finance:
Council Notes:
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Agenda Item No. --li1-
1)11103
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino or her designee to
execute an Agreement to provide Mentoring services for the County of San Bernardino
Community Services Department for the period October 15, 2002 through October 14, 2003.
Background:
The City of San Bernardino Parks, Recreation and Community Services Department is
requesting authorization to enter into an agreement with the County to expand its Mentoring
Program. The City Of San Bernardino Mentoring Program has participated in a partnership for
six years with the County of San Bernardino Public Health Department FOCUS Project. In
addition, this year we began working with the County of San Bernardino Communitv Services
Department, which is separate from the FOCUS project. The commitment of the Parks,
Recreation and Community Services Department Mentoring Program is to work as a
collaborative partner in the planning and implementation of the mentoring project with the
County Community Services Department (C.S.D.). This program serves at-risk youth by
providing one-on-one mentoring and meets the California Quality Assurance Standards.
This agreement with San Bernardino County will expand the city's existing program and pay for
services for 15 mentor/mentee matches. Mentees are referred by C.S.D. to the City of san
Bernardino Mentoring Program (CSBMP) from C.S.D. Child Support Compliance Program.
These are children who live in the City and are attending City schools. Mentoring staff will
provide training, monthly support meetings, and information including referrals to the
Community Service Agencies and/or other agencies as needed. There will also be special
activities for all participants.
Documentation will be provided as required, for fifteen matches (15 mentors/15 mentees), local
evaluation, and sign-in sheets for various activities.
Financial Impact:
There will be no cost to the General Fund. The San Bernardino County Community Service
Department will provide $15,000 for the period of October 2002 through October 2003. This
agreement only covers services to 15 mentees referred by the County Community Services
Department. This funding will be used in conjunction with funding from the FOCUS to pay for
salaries associated with the City's Mentoring Program.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BER.I'./ARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT TO
PROVIDE MENTORlNG SERVICES FOR THE COUNTY OF SAN BERNARDINO
COMMUNITY SERVICES DEPARTMENT FOR THE PERIOD OCTOBER 15, 2002
THROUGH OCTOBER 14, 2003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
authorized to execute an Agreement to provide Mentoring services for the County of San
Bernardino Community Services Department for children between the ages of 6 and 15 years of
age. Services shall be performed in accordance with the Letter of Agreement, a copy of which
is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and no
fUl1her effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within 120 days following the effective date of the resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT TO PROVIDE
2 MENTO RING SERVICES FOR THE COUNTY OF SAN BERNARDINO COMMUNITY
SERVICES DEPARTMENT FOR THE PERIOD OCTOBER 15, 2002 THROUGH
3 OCTOBER 14,2003.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the day of
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
15
,2003, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
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CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2003.
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JUDITH V ALLES, Mayor
City of San Bernardino
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Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
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STANDARD CONTRACT
BETWEEN
COMMUNITY SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY
AND
CITY OF SAN BERNARDINO
is Contract is entered into in the State of California by and between the Community Services Department of
In Bernardino County (CSD), hereinafter referred to as the Contractor, and City of San Bernardino hereinafter
led the Subcontractor.
Ime
:y of San Bernardino
'dress
rks, Recreation and Community Services Department
7 North Sierra Way
hereinafter called
Subcontractor
n Bernardino, CA 92410-4816
one Birth Date
)9) 885-1847
~ . 10 No. or Social Security No.
-61.J00772
is HEREBY AGREED AS FOLLOWS:
1EREAS, The Contractor desires to provide a Mentoring Program for children between the ages of 6 and 15
lrs and other identified children in the community through referrals or enrollment in Contractor's Homeless
)grams;
iEREAS, Contractor has been allocated funds from the State Department of Community Services and
velopment (SDCSD);
iEREAS, Contractor finds Subcontractor qualified to provide Mentoring Services;
iEREAS, Contractor desires that such services be provided by Subcontractor and Subcontractor agrees to
form these services as set forth below;
IW THEREFORE, Contractor and Subcontractor mutually agree to the following terms and conditions:
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TABLE OF CONTENTS
JBCONTRACTOR RESPONSiBILITIES.....................................................................................................3
SUBCONTRACTOR GENERAL RESPONSIBILITIES ................................................................................... 4
CONTRACTOR RESPONSIBILITIES ........................................................................................................... 10
CONTRACTOR AND SUBCONTRACTOR MUTUAL RESPONSIBILITIES ................................................11
FISCAL PROVISIONS ............................ ..................................................................................................... 11
RIGHT TO MONITOR AND AUDIT...............................................................................................................12
CORRECTION OF PERFORMANCE DEFICIENCIES ................................................................................ 13
TERM .......................................................................................................................................................... 13
EARLY TERMINATION ............................................................................................................................... 13
GRIEVANCES ......... ... ....................... .... ................................................................................. ...... ............... 13
GEN ERAL PROVISIONS ... .... ......................... ................... ..................................................................... .... 14
CONCLUSION ...... ..... ..... .... .... ... ................. .... .......... ................. .................................................................. 15
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Pooe 2 of 15
SUBCONTRACTOR RESPONSIBILITIES
A. Subcontractor shall assess 15 children identified by Contractor between the ages of 6 and 15 years for
mentoring services.
B. Subcontractor shall arrange a place with the school district where mentoring can take place.
C. Subcontractor shall provide a mentor one (1) hour a week for 15 children during the term of this
contract. Subcontractor agrees that any children discontinued from the program will be replaced with
another child identified by the Contractor during the contract year.
D. Subcontractor shall provide fingerprinting and Department of Motor Vehicles (DMV) check for all
mentoring staff.
E. Subcontractor shall screen mentors application forms, perform reference checks and conduct
fingerprints and Department of Justice background checks.
F. Subcontractor shall schedule mentors for a readiness and training orientation session prior to providing
mentoring to the children. The mentoring training will be the last Tuesday of every month during the
contract year.
G. Subcontractor shall choose mentorfmentee matches on a monthly basis. Parents must sign required
forms and identify locations of schools for mentoring programs to take place.
H. Subcontractor shall schedule mentees for a readiness training and initial mentee training with the
teacher or counselor at the specified school district.
Subcontractor shall match interested mentor with mentee using criteria established by the Contractor
and Subcontractor (i.e., common interests, ethnicity, gender, etc.).
J. Subcontractor shall maintain a menteefmentor client file which includes documentation that supports
services provided, activities completed and the progress of mentee. Complete evaluations on mentee
and forward to CSD. All client files are to be maintained for a period of 3 years after completion of the
Contract and or audit of contract.
K. Subcontractor shall provide CSD with quarterly reports from the mentoring staff on the children being
mentored. The quarterly reports are due to CSD by the 19th day of each of the quarters as follows:
a. January 19, 2003
b. April 19, 2003
c. July 19, 2003
d. October 19, 2003
L. Subcontractor shall set up support groups between mentor and mentees.
M. Subcontractor shall provide a Christmas party in the month of December 2003 for Mentors and
Mentees.
N. Subcontractor shall provide a picnic for the mentors and mentees in April 2003.
Subcontractor shall provide a recognition luncheon in June 2003.
P. Subcontractor shail provide a camping trip in August 2003.
a. Subcontractor shall provide a graduation luncheon in October 2003 with certificates of completion.
.torin. Pro.ram Contract 2002/2003
Pa.e y,[ 15
R. Subcontractor shall provide access to SOCSO for monitoring files on mentors and mentees.
S. Subcontractor shall follow-up on any needs of the mentees/mentors (i.e., no positive role models in
their lives facing multiple challenges and low self esteem, youth experiencing in-crisis and vulnerable
levels of instability needing intervention strategies to redirect their old patterns of behavior, gang
invoivement, etc).
T. Subcontractor shall prepare a written evaluation on the project to advise Contractor of mentee progress
in regards to schooi attendance, self-esteem, educational goals, progress in academic areas, etc.
U. Subcontractor shall schedule closure of mentee and mentors by completing appropriate CSO forms
and provide at the end of the contract term, a financial and programmatic close-out report.
V. Subcontractor shall provide services in a manner that ensures cultural responsiveness to the urban
and rurai populations of the County and to the diverse ethnicity of which San Bernardino County is
comprised.
W. Subcontractor shall provide all documents to the Contractor relating to the mentoring contract provided
under the terms and conditions of this agreement, which the state government may require, either
directly, or via CSO.
SUBCONTRACTOR GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Subcontractor, its agents and employees, shall act in an
independent capacity and not as officers, employees, or agents of the CSO or the County of San
Bernardino.
:1. Without the prior written consent of CSO, this Contract is not assignable by Subcontractor either in
whoie or in part.
C. If during the course of the administration of this agreement, the Contractor determines that the
Subcontractor has made a material misstatement or misrepresentation or that materially inaccurate
information has been provided to the Contractor, this contract may be immediately terminated. If this
contract is terminated according to this provision, the Contractor is entitled to pursue any available
legal remedies.
O. Subcontractor agrees not to enter into any secondary subcontracting agreements for work
contemplated under the Contract without first obtaining written approval from the CSO Program
Manager or designated representative. Any secondary subcontractor shall be subject to the same
provisions as the Subcontractor. Subcontractor shall be fully responsible for the performance of any
provider he contracts with for services contemplated under this contract.
E. Subcontractor shall maintain all records and management books pertaining to the delivery of services
under this Contract and demonstrate accountability for contract performance. Said records shall be
kept and maintained within the County of San Bernardino. Contractor shall have the right upon
reasonable notice and at all reasonable hours of business to examine and inspect such records and
books.
Records should include, but are not limited to monthly summary sheets, sign-in sheets, and other
primary source documents. Fiscal records shall be kept in accordance with generally accepted
accounting principles and must account for all funds, tangible assets, revenue and expenditures.
F. All records shall be complete and current and comply with all contract requirements. Failure to
maintain acceptable records per the preceding requirements shall be considered grounds for
withholding payments and for termination of the Contract.
G. Subcontractor shall notify Contractor in writing of any change in mailing address within ten (10) days
of the address change.
ltoring Program Contract 2002/2003
Paoe 4 of 15
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H. Before commencement of performance under this contract, Subcontractor will provide to Contractor a
current list, by name and title, of all personnel providing services hereunder. Changes to this list will
be immediately provided to Contractor in writing as they occur. The list shall include:
1. All full or part-time staff positions by title, including volunteer positions which are directly required
to provide the programs/services described herein; and
2. A brief description of the functions of each such position and the hours each staff member works
each week or, for part-time positions, each day or month, as appropriate; and
3. Where applicable the professional degree and/or license/registration held, and the experience
of staff members; and
4. The names of persons responsible for fulfilling the terms of this contract.
I. Subcontractor shall notify Contractor of any continuing vacancies and any positions which become
vacant during the term of this Contract which will result in reduction of services to be provided under
this Contract. Upon notice of vacancies, the Subcontractor will apprise Contractor of the steps being
taken to provide the services and to fill the position as expeditiously as possible. Vacancies and
associated problems shall be reported to Contractor on each periodical required report for the
duration of said vacancies and/or problems.
J. Subcontractor shall ensure that each recipient of services provided under the terms and conditions of
this contract has read and received a copy of the Family Development Complaint and Grievance
Procedures. A signed statement from each service recipient acknowledging their receipt and
understanding of the procedure may be kept in the Subcontractor's records. Grievance Procedure
must be posted prominently at service sites for recipients to review.
K. Subcontractor shall require all persons, including but not limited to its officers, agents, employees,
volunteers and any subcontractor directly or indirectly involved in administration of services provided
under this Contract to comply with the provisions of Section 10850 and 827 of the Welfare and
Institutions (W & I) Code and Division 19-000 of the Department of Social Services Manual of Policies
and Procedures and Health and Safety Code 1536 to assure that:
1. All applications and records concerning any individual made or kept by any public officer.
public agency, or Subcontractor with the administration of any provision of the W & I Code
relating to any forms of public social services provided under this Contract will be confidential
and will not be open to examination for any purpose not directly connected with the
administration, performance, compliance, monitoring or auditing of such services.
2. No person will publish, disclose, use permit or cause to be published, disclosed, or used, any
confidential information pertaining to any applicant or recipient of services under this Contract.
Subcontractor agrees to inform all persons directly or indirectly involved in administration of
services provided under this Contract of the above provisions and that any person deliberately
violating these provisions is guilty of a misdemeanor.
L. Subcontractor shall ensure that all known or suspected instances of child abuse or neglect are
reported to the appropriate law enforcement agency or to the appropriate Child Protective Services
agency. This responsibility shall include:
1. Assurance that all employees, agents, consultants or volunteers who perform services
under this Agreement and are mandated by Penal Code Sections 11164 et seq. to report
child abuse or neglect, sign a statement, upon the commencement of their employment,
acknowledging their reporting requirements and their compliance with them.
2. Development and implementation of procedures for employees, agents, consultants, or
volunteeFs who are not subject to the mandatory reporting laws for child abuse to report any
observed or suspected incidents of child abuse to a mandated reporting party, within the
program, who will ensure that the incident is reported to the appropriate agency.
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Provision of or arrangement of training in child abuse reporting laws (Penal Code, Sections
11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that
such persons have received training in the law within thirty (30) days of
employment/volunteer activity.
M. Subcontractor shall obtain from the Department of Justice (DOJ) records of all convictions involving
any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or
volunteers for all positions in which he or she would have supervisory or disciplinary power over a
minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code
Section 11105.3. This includes individuals licensed personnel who are not able to provide
documentation of prior Department of Justice clearance. A copy of a license from the State of
California is sufficient proof.
N. Subcontractor shall notify Contractor of any staff member, paid, intern or volunteer, who is
knowingly or negligently employed who has been convicted of any crime of violence or of any
sexual crime and shall, upon discovery of such, terminate the employment of said person.
Subcontractor shall investigate all incidents where an applicant, employee, intern or volunteer has
been arrested for any crime listed in penal Code Section 11105.3 and shall notify the Contractor.
To the Contractor's discretion, the Contractor may instruct Subcontractor to take action to either
deny/terminate employment or terminate internship and/or volunteer services where the
investigation shows that the underlying conduct renders the person unsuitable for employment,
internship or volunteer services.
Subcontractor shall immediately notify the Contractor concerning the arrest and/or conviction, for
other than minor traffic offenses, of any paid employee, agent consultant, intern or volunteer staff,
when such information becomes known to the Subcontractor.
O. During the performance of this Contract, Subcontractor and its subcontractors shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, physical disability (including
HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and
denial of family care leave. Contractor and Subcontractor shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. Contractor and Subcontractor shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations, are incorporated into the Contract by reference and made a part
hereof as if set forth in full. Contractor and its Subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or
other agreement.
P. Subcontractor shall make every reasonable effort to prevent employees, consultants or members of
its governing bodies from using their positions for purposes that are, or give the appearance of being
motivated by a desire for private gain for themselves or others, such as those with whom they have
family, business, or other ties. In the event the County determines a conflict of interest situation
exists, any increase in costs associated with the conflict of interest may be disallowed by the
Contractor and such conflict may constitute grounds for termination of the Contract. This provision
shall not be construed to prohibit employment of persons with whom Subcontractor's officers, agents,
or employees have family, business or other ties so long as the employment of such persons does
not result in increased costs over those associated with the employment of any other equally qualified
applicants and such persons have successfully competed for employment with other applicants on a
merit basis. .
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a. Subcontractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will
provide a drug-free workplace by taking the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken
against employees for violation.
2. Establish a Drug-Free Awareness Program to inform employees about:
a. the dangers of drug abuse in the workplace;
b. the person's or organization's policy of maintaining a drug-free workplace;
c. any available counseling, rehabilitation and employee assistance programs; and,
d. penalties that may be imposed upon employees for drug abuse violations.
3. Every employee who works on the proposed agreement will:
a. receive a copy of the company's drug-free workplace policy statement; and,
b. agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Contract or both and Subcontractor may be ineligible for award of
any future State and CSD agreements if the department determines that any of the following has
occurred: (1) the Subcontractor has made false certification, or violated the certification by failing to
carry out the requirements as noted above. (GC 8350 et seq.)
R. Subcontractor agrees to and shall comply with the following indemnification and insurance
requirements:
1. Indemnification - The Subcontractor agrees to indemnify, defend and hold harmless the State,
Contractor and its authorized officers, employees, agents and volunteers from any and all
claims, actions, losses, damages, and lor liability arising out of this contract from any cause
whatsoever, including the acts, errors or omissions of any person and for any costs or
expenses incurred by the Contractor on account of any claim therefore, except where such
indemnification is prohibited by law.
2. Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto,
the Subcontractor shall secure and maintain throughout the Contract the following types of
insurance with minimum limits as shown:
a. Worker's Compensation - A program of Workers' Compensation insurance or a State-
approved Self Insurance Program in amount or form to meet all applicable
requirements of the Labor code of the State of California, including Employer's Liability
with $250,000 limits, covering all persons providing services on behalf of the
consultant and all risks to such persons under this Agreement.
If Subcontractor has no employees, it may certify or warrant to the Contractor that it
does not currently have any employees or individuals who are defined as "employees"
under the Labor Code and the requirement for Worker's Compensation coverage will
be waived by the Contractor.
ntorine Proeram"':ontract 2002/2003
Paee 7 of 15
With respect to Subcontractors that are non-profit corporations organized under
California or Federal law, volunteers for such entities are required to be covered by
Worker's Compensation insurance. If the Contractor determines that there is no
reasonably priced coverage for volunteers, evidence of participation in a volunteer
insurance program may be substituted.
b. Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage of owned, hired and non-
owned vehicles. The policy shall have combined single limits for bodily injury and
property damage of not less than one million dollars ($1,000,000).
c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for
bodily injury and property damage and $3,000,000 in the aggregate or
Professional Liability - Professional liability insurance with limits of at least $1,000,000
per claim or occurrence.
3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming
the Contractor and its officers, employees, agents and volunteers as additional named insured
with respect to liabilities arising out of the performance of services hereunder.
4. Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional.
Liability, Subcontractor shall require the carriers of the above required coverage to waive all
rights of subrogation against the Contractor, its officers, employees, agents, volunteers,
contractors and subcontractors.
5. Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
Contractor.
6. Proof of Coverage - Subcontractor shall immediately furnish certificates of insurance to the
CSD Department administering the Contract evidencing the insurance coverage, including
endorsements, above required prior to the commencement of performance of services
hereunder, which certificates shall provide that such insurance shall not be terminated or
expire without thirty (30) days written notice to the Department, and Subcontractor shall
maintain such insurance from the time Subcontractor commences performance of services
hereunder until the completion of such services. Within sixty (60) days of the commencement
of this Agreement, the Subcontractor shall furnish certified copies of the policies and all
endorsements.
7. Insurance Review - The above insurance requirements are subject to periodic review by the
County. The County's Risk Manager is authorized, but not required, to reduce or waive any of
the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the Contractor. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements, to require additional types of insure coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against
the Contractor, inflation, or any other item reasonably related to the Contractor's risk.
8. Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by
amendment to this Agreement. Subcontractor agrees to execute any such amendment within
thirty (30) days of receipt.
1lorine Ptoeram Contract 2002i2003'
Paee 8 of 15
9. Evidence of a bonafide self insurance by Subcontractor will satisfy all the insurance of
Paragraph R.
S. Subcontractor agrees to and shall comply with the County's Child Support Compliance Program
requirements:
1. Contractor's Warranty of Adherence to County's Child Support Compliance Program.
Subcontractor acknowledges that the Contractor has established a goal of ensuring that all
individuals who benefit financially from the Contractor through contract are in compliance with
their court-ordered child, family and spousal support obligations in order to mitigate the
economic burden otherwise imposed upon the Contractor and its taxpayers. As required by
County's Child Support Compliance Program (County Code Section 110.0101 et seq.) and
without limiting Subcontractor's duty under this contract to comply with all applicable
provisions of law, Subcontractor warrants that it is now in compliance and shall during the term
of this contract maintain compliance with employment and wage reporting requirements as
required by the Federal Social Security Act (42 USC Section 653a) and California
Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage
and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings
Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section
706.031 and Family Code Section 5246(b), including any amendments or superseding
legislation. Subcontractor hereby acknowledges the Contractor may require the
Subcontractor to submit a completed Principal Owner Information (POI) Form upon the
request of the District Attorney.
2. Termination for Breach of Warranty to Maintain Compliance with County's Child Support
Compliance Program.
Failure of Subcontractor to maintain compliance with the requirements set forth in the
preceding paragraph shall constitute a default by Subcontractor under this contract. Without
limiting the rights and remedies available to the Contractor under law or under any other
provision of this contract, failure to cure such default within 90 days of notice by the San
Bernardino County Department of Child Support shall be grounds upon which the Contractor
may terminate this contract.
T. Subcontractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules
or regulations relating to its duties, obligations and performance under the terms of the Contract and
shall procure all licenses and pay all fees and other charges required thereby. Subcontractor shall
maintain all required licenses during the term of this Contract. Failure to comply with the provisions of
this section may result in immediate termination of this Contract.
U. Subcontractor shall comply with all applicable local health and safety clearances, including fire
clearances, for each site where services are provided under the terms of this Contract.
V. Subcontractor agrees to and shall comply with the Contractor's Equal Employment Opportunity
Program and Civil Rights Compliance requirements:
1. Equal Employment Opportunity Program: Subcontractor agrees to comply with the provisions
of the Equal Opportunity Program of the County of San Bernardino and rules and regulations
adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375,
11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the
California Department of Social Services Manual of Polices and Procedures and California
Welfare and Institutions Code, Section 1000), the California Fair Employment and Housing
Act, and other applicable Federal, State, and County laws, regulations and policies relating to
equal employment or social services to welfare recipients, including laws and regulations
hereafter enacted.
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The Subcontractor shall not unlawfully discriminate against any employee, applicant for
employment, or service recipient on the basis of race, color, national origin or ancestry,
religion, sex, marital status, age, political affiliation or disability. Information on the above rules
and regulations may be obtained from the County HSS Contract Administration.
2. Civil Rights Compliance: The Subcontractor shall develop and maintain intemal pOlicies and
procedures to assure compliance with each factor outlined by state regulation. These policies
must be developed into a Civil Rights Plan, which is to be on file with the County HSS
Contract Administration within 30 days of awarding this contract. The Plan must address
prohibition of discriminatory practices, accessibility, language services, staff development and
training, dissemination of information, complaints of discrimination, compliance review, and
duties of the Civil Rights Liaison. Upon request HSS shall supply a sample of the Plan format.
The Subcontractor shall be monitored by HSS for compliance with provisions of its Civil Rights
Plan.
W. Former County Officials - Provide information on former County of San Bemardino administrative
officials (as defined below) who are employed by or represent your business. The information
provided must include a list of former county administrative officials who terminated county
employment within the last five years and who are now officers, principals, partners, associates. or
members of the business. Should also include the employment and/or representative capacity and
the dates these individuals began employment with or representation of your business. For purpose
of this section, "county administrative official" is defined as a member of the Board of Supervisors or
such officer's staff, County Administrative Officer or member of such officer's staff, county department
or group head, assistant department or group head, or any employee in the Exempt Group,
Management Unit, or Safety Management Unit. Failure to provide this information may result in the
response to the request for proposal being deemed non-responsive.
Inaccuracies or Msrepresentations - If the course of the administration of the contract, the County
determines that the Subcontractor has made a material misstatement or misrepresentation or that
materially inaccurate information has been provided to the County, the contract may be immediately
terminated. In the event of a termination under this provision, the County is entitled to pursue any
available legal remedies.
X. Subcontractor agrees to comply with all applicable provisions of the Americans with Disabilities Act
(ADA).
Y. Subcontractor will observe the mandatory standards and policies relating to energy efficiency in the
State Energy Conservation Plan (Title 24, California Code of Regulations).
Z. If the amount available to Subcontractor under this Contract, as specified in Article V, Paragraph A.
exceeds $100,000, Subcontractor agrees to comply with Section 306 of the Clean Air Act (42 USC
1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and
Environmental Protection Agency regulations (40 CFR. Part 15).
AA. Subcontractor shall use recycled and recyclable products, whenever practicable. in fulfilling the terms
of this Contract. Recycled printed products shall include a symbol identifying the recycled material.
BB. Subcontractor understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the Contractor. shall be the Subcontractor's sole expense and
shall not be charged as a cost under this Contract. In the event of any contract dispute hereunder,
each Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails
in the outcome of the dispute.
CC. Subcontractor shall ensure that it has all necessary licenses and permits required by the laws of
the United States, State of California, County and all other appropriate governmental agencies. and
agrees to maintain these licenses and permits in effect for the duration of this Contract.
Subcontractor will notify the Contractor immediately of loss or suspension of any such license and
permits.
ltorim! ProQ:ram Contract 20021200.1
,
P~OP 1 n nf 1"
CONTRACTOR RESPONSIBILITIES
A. CSD shall refer 5 children between the ages of 6 and 15 years on or before December 1, 2002 and
remainder of men tees referred by February 28, 2003.
B. In the event that a child drops from the program, CSD may replace that slot with another child
throughout the contract year.
C. CSD shall conduct screening and assessment process for each child referred to the Mentoring
Program.
D. CSD will meet once a month with the CSBMP staff to check the progress and placement of each
child.
E. At the discretion of the Executive Director or Designee Mentoring can be terminated at any
time due to non-compliance, client dissatisfaction, nonproductive status or lack of funding renewal.
CONTRACTOR AND SUBCONTRACTOR MUTUAL RESPONSIBILITIES
A. CSD and CSBMP shall create an application process for the children to be mentored.
B. CSD and CSBMP shall agree to use the Quality Assurance Standards of February 2002, Publication
No. (ADP) 02-1121 in the mentoring process.
C. CSD and CSBMP agree to meet once a month for evaluation purposes.
l). CSD and CSBMP agree they will establish mutually satisfactory methods for the exchange of such
information as may be necessary in order that each party may perform its duties and functions under
this Contract; and appropriate procedures to ensure all information is safeguarded from improper
disclosure in accordance with applicable State and Federal laws and regulations.
E. CSD and CSBMP agree to exchange confidential infonnation only upon written consent of the client.
F. CSD and CSBMP agree they will establish mutually satisfactory methods for resolving problems as
they come up. Problem solving will start at the lowest possible level as the optimum, with a procedure
to mobilize problem resolution up through CSD and CSBMP mutual chain of command, as deemed
necessary.
FISCAL PROVISIONS
A.
The maximum amount under this Contract shall not exceed $15,000.00 and shall be subject to
availability of funds to the Contractor. The consideration to be paid to Subcontractor, as provided
herein, shall be in full payment for all Subcontractor's services and expenses incurred in the
performance hereof, excluding travel and per diem.
B.
The Contractor Fiscal Department have the authority to approve line item budget changes to the
budget herein, as long as these changes do not exceed the total Contract dollar amount.
Subcontractor must revise budget if any line item exceeds 15% of budgeted total or if establishing a
new budgeted line item. Subcontractor will not make such changes without first submitting a request
for the changes, in writing, to the address listed in Article X, and obtaining written approval.
Contractor discourages the purchase of equipment with funds received under this contract. All
equipment, materials, supplies or property of any kind (including publications and copyrights, etc.)
which have a single unit cost of five hundred dollars ($500) or more, including tax, purchased with
funds received under the terms of this contract and not fully consumed in one (1) year shall be the
,
_.
Itaring Program Contract 2002/2003
Page 11 of 15
'.
property of Contractor and shall be subject to the provisions of this paragraph The disposition of
equipment or property of any kind shall be determined by Contractor upon contract termination.
D. Costs for services under the terms of this Contract will be incurred during the contract period
except as approved by Contractor. Subcontractor will not use current year funds to pay prior or
future year obligations.
E. Funds made available under this Contract shall not supplant any federal, state or any governmental
funds intended for services of the same nature as this Contract. Subcontractor shall not claim
reimbursement or payment from Contractor for, or apply sums received from Contractor with
respect to that portion of its obligations which have been paid by another source of revenue.
Subcontractor agrees that it will not use funds received pursuant to this Contract, either directly or
indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue
source without prior written approval of the Contractor.
F. Contractor is not liable for the payment of any taxes, other than applicable sales or use tax,
resulting from this Contract however designated, levied or imposed, unless Contractor would
otherwise be liable for the payment of such taxes in the course of its normal business operations.
G. It is mutually understood that a commitment for funding does not exist beyond the specified term of
this Contract or exhaustion of grant funds, whichever comes first. Continuation of services will be
dependent upon renewal of contracts.
RIGHT TO MONITOR AND AUDIT
A. Contractor shall have the absolute right to monitor the performance of Subcontractor in the delivery of
services provided under this Contract.
B. Subcontractor agrees that the awarding department , the Department of General Services, the
Bureau of State Audits, or their designated representatives shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Contract.
Subcontractor agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated. Subcontractor agrees to
allow the auditor(s) access to such records during normal business hours and to allow interviews of
any employees who might reasonably have information related to such records. Further,
Subcontractor agrees to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Contract. (Government Code Section 8546.7, Public
Contract Code Section 10115 et seq., California Code of Regulations Title 2, Section 1896).
C. Contractor or any subdivision or appointee thereof, and the State of California or any subdivision or
appointee thereof, including the Auditor General, shall have absolute right to review and audit all
records, books, papers, documents, corporate minutes, and other pertinent items as requested, and
shall have absolute right to monitor the performance of Subcontractor in the delivery of services
provided under this Contract. Full cooperation shall be given by Subcontractor in any auditing or
monitoring conducted.
D. Subcontractor shall cooperate with the Contractor in the implementation, monitoring and evaluation of
this Contract and comply with any and all reporting requirements established by this Contract.
E. All records pertaining to service delivery and all fiscal, statistical and management books and records
shall be available for examination and audit by the Contractor, County, Federal and State
representatives for a period of three years after final payment under the Contract or until all pending
Contractor, County, State and Federal audits are completed, whichever is later. Records of the
Subcontractor which do not relate to the services under this Contract shall not be subject to review or
audit unless provided in this or another Contract. Technical program data shall be retained locally
and made available upon the Contractor's reasonable advance written notice or tumed over to
Contractor. If said records are not made available at the scheduled monitoring visit Subcontractor
may, at Contractor's option, be required to reimburse Contractor for expenses incurred due to
required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour
(including travel time) and be deducted from the following month's claim for reimbursement.
.,..,t"..;,...n Drn"'''''In-\ rn.,.,tT",...t J('\()')!')Ofl1.
p.,op 17 nf 1"
F. Subcontractor shall provide all reasonable facilities and assistance for the safety and convenience of
Contractor's representative in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work of the Subcontractor.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Subcontractor to comply with any of the provisions, covenants, requirements or conditions
of this Contract shall be a material breach of this Contract.
B. In such event of a non-cured breach, Contractor may, at its sole discretion and in addition to
immediate termination and any other remedies available at law, in equity, or otherwise specified in this
Contract:
1. Afford Subcontractor thereafter a time period within which to cure the breach, which period
shall be established at sole discretion of Contractor; and/or
2. Discontinue reimbursement to Subcontractor for and during the period in which Subcontractor
is in breach, which reimbursement shall not be entitled to later recovery; and/or
3. Withhold funds pending duration of the breach; and/or
4. Offset against any monies billed by Subcontractor but yet unpaid by Contractor those monies
disallowed pursuant to Item "2" of this paragraph; and/or
5. Terminate this Contract and be relieved of the payment of any consideration to Subcontractor
should Subcontractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In event of such termination, the Contractor may proceed with the
work in any manner deemed proper by the Contractor. The cost to the Contractor shall be
deducted from any sum due to the Subcontractor under this Contract and the balance, if any,
shall be paid by the Subcontractor upon demand.
I. TERM
This Contract is effective as of October 15, 2002 and expires October 14, 2003.
EARLY TERMINATION
A. The Contractor may terminate the Contract immediately under the provisions of Article VII of the
Contract. In addition, the Contract may be terminated without cause by the Contractor by serving a
written notice to the Subcontractor thirty (30) days in advance of termination. The Assistant County
Administrator - Human Services System is authorized to exercise the Contractor's rights with respect
to any termination of this Contract.
B. Subcontractor will only be reimbursed for costs and uncancelable obligations incurred prior to the date
of termination. Subcontractor will not be reimbursed for costs incurred after the date of termination.
GRIEVANCES
The following procedures are to be followed when filing a grievance:
1. Identify the complaint/grievance in writing.
Time Frame: Within one (1) week of complaint/grievance. If resolved at this time, no further
action is required. If no resolution is apparent within ten (10) calendar days, proceed with step
2.
2. Forward the written complaint/grievance to the FDP Program Manager.
Time Frame: Within one (1) week of step (1). If resolved at this level, no further action is
required. If no resolution is apparent within (15) calendar days, proceed with step (3).
lloring Program Contract 2002/2003
P::.oP 1 ~ nf 1 ~
3. Forward the written complainVgrievance to CSD Deputy Director at the following address:
Community Services Department
686 East Mill Street
San Bernardino, CA 92415
Telephone: In San Bernardino area: (909) 891-3866
Toll Free: 1-888-743-1477
I. GENERAl PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and
mailed to the following respective addresses listed below.
Contractor:
Community Services Department
ATTN: Patricia L. Nickols, Executive Director
686 East Mill Street
San Bernardino, CA 92415-0610
Phone: (909) 891-3866
Subcontractor:
City of San Bernardino
c/o Parks, Recreation and Community Services Department
547 North Sierra Way
San Bernardino, CA 92410-4816
Phone: (909) 885-1847
B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or
employment arrangement between the Parties hereto, nor shall either Party have the right, power or
authority to create an obligation or duty, expressed or implied, on behalf of the Party hereto.
C. No waiver of any of the provisions of the Contract Documents shall be effective unless it is made in
writing which refers to provisions so waived and which is executed by the Parties. No course of
dealing and no delay or failure of a Party in exercising any right under any contract document shall
affect any other or future exercise of that right or any exercise of any other right. A Party shall not
be precluded from exercising a right by its having partially exercised that right or its having
previously abandoned or discontinued steps to enforce that right.
D. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless
specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly
signed and approved by the Authorized Representatives of both parties as an amendment to this
Contract. No oral understanding or agreement not incorporated herein shall be binding on any of
the Parties hereto.
E. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or
contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable
(giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be
affected.
F. This Contract shall be governed by and construes in all aspects in accordance with the laws of the
State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive
jurisdiction of the state courts located in the County of San Bernardino, for any and all disputes arising
under this Contract, to the exclusion of all other federal and state courts.
ff"ntnrinp' PrnPTam Contract 200212003
Page 14 of15
L CONCLUSION
A. This Contract, consisting of 15 pages, is the full and complete document describing services to be
rendered by Subcontractor to CSD including all covenants, conditions and benefits.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
C. IN WITNESS WHEREOF, the Community Services Department of The County of San Bernardino
has caused this Agreement to be subscribed to by the Clerk thereof, and Subcontractor has
caused this Agreement to be subscribed in its behalf by its duly authorized officers, the day, month
and year written.
Community Services Department
of San Bernardino County
City of San Bernardino
Signature
Signature
Patricia L. Nickols
Name
Name
Executive Director
Title
Title
586 E. Mill Street. San Bernardino, CA 92415
Address
Address
Date
Date
,tnrino PrnO'r~m rnntr~("t ?ntYJ/?l,nn1.
D......... t.c:: "'.; 1..
STANDARD CONTRACT
BETWEEN
COMMUNITY SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY
AND
CITY OF SAN BERNARDINO
his Contract is entered into in the State of California by and between the Community Services Department of
'an Bernardino County (CSD), hereinafter referred to as the Contractor, and City of San Bernardino hereinafter
311ed the Subcontractor.
Jame
;ity of San Bernardino
,ddress
'arks, Recreation and Community Services Department
47 North Sierra Way
hereinafter called
Subcontractor
ian Bernardino, CA 92410-4816
'hone Birth Date
9("\0) 885-1847
allD No. or Social Security No.
J5-6000772
r IS HEREBY AGREED AS FOLLOWS:
VHEREAS, The Contractor desires to provide a Mentoring Program for children between the ages of 6 and 15
ears and other identified children in the community through referrals or enrollment in Contractor's Homeless
,rograms;
NHEREAS, Contractor has been allocated funds from the State Department of Community Services and
)evelopment (SDCSD);
I\IHEREAS, Contractor finds Subcontractor qualified to provide Mentoring Services;
NHEREAS, Contractor desires that such services be provided by Subcontractor and Subcontractor agrees to
Jerform these services as set forth below;
~OW THEREFORE, Contractor and Subcontractor mutually agree to the following terms and conditions:
n_ __ 1 _~ 1 ,
TABLE OF CONTENTS
SUBCONTRACTOR RESPONSiBILITIES.....................................................................................................3
SUBCONTRACTOR GENERAL RESPONSIBILITIES ...................................................................................4
11. CONTRACTOR RESPONSIBILITIES ........................................................................................................... 10
v. CONTRACTOR AND SUBCONTRACTOR MUTUAL RESPONSIBILITIES ................................................11
, FISCAL PROVISIONS ............................... ................................................................................. .................. 11
,I. RIGHT TO MONITOR AND AUDIT...............................................................................................................12
fII. CORRECTION OF PERFORMANCE DEFICIENCIES ................................................................................13
fill. TERM ......... ......... ... ......... .... ........................................................................................................................ 13
X. EARLY TERMINATION ...... .......... ........................ ................................................................................. ...... 13
<. GRIEVANCES. ..... ........ .... .... ...... .................................................................................... ...................... ....... 13
{I. GENERAL PROVISIONS ......... ............................. ...................................................................................... 14
(II. CONCLUSION ...... ..... ... .... .... ...... ..... .... ............ .... ........... ............................... ....................................... ....... 15
-,
SUBCONTRACTOR RESPONSIBILITIES
A. Subcontractor shall assess 15 children identified by Contractor between the ages of 6 and 15 years for
mentoring services.
B. Subcontractor shall arrange a place with the school district where mentoring can take place.
C. Subcontractor shall provide a mentor one (1) hour a week for 15 children during the term of this
contract. Subcontractor agrees that any children discontinued from the program will be replaced with
another child identified by the Contractor during the contract year.
D. Subcontractor shall provide fingerprinting and Department of Motor Vehicles (DMV) check for all
mentoring staff.
E. Subcontractor shall screen mentors application forms, perform reference checks and conduct
fingerprints and Department of Justice background checks.
F. Subcontractor shall schedule mentors for a readiness and training orientation session prior to providing
mentoring to the children. The mentoring training will be the last Tuesday of every month during the
contract year.
G. Subcontractor shall choose mentor/mentee matches on a monthly basis. Parents must sign required
forms and identify locations of schools for mentoring programs to take place.
H. Subcontractor shall schedule mentees for a readiness training and initial mentee training with the
teacher or counselor at the specified school district.
I. Subcontractor shall match interested mentor with mentee using criteria established by the Contractor
and Subcontractor (i.e., common interests, ethnicity, gender, etc.).
J. Subcontractor shall maintain a mentee/mentor client file which includes documentation that supports
services provided, activities completed and the progress of mentee. Complete evaluations on mentee
and forward to CSD. All client files are to be maintained for a period of 3 years after completion of the
Contract and or audit of contract.
K. Subcontractor shall provide CSD with quarterly reports from the mentoring staff on the children being
mentored. The quarterly reports are due to CSD by the 19th day of each of the quarters as follows:
a. January 19, 2003
b. April 19, 2003
c. July 19, 2003
d. October 19, 2003
L. Subcontractor shall set up support groups between mentor and mentees.
M. Subcontractor shall provide a Christmas party in the month of December 2003 for Mentors and
Mentees.
N. Subcontractor shall provide a picnic for the mentors and mentees in April 2003.
O. Subcontractor shall provide a recognition luncheon in June 2003.
P. Subcontractor shall provide a camping trip in August 2003.
Q. Subcontractor shall provide a graduation luncheon in October 2003 with certificates of completion.
..
R. Subcontractor shall provide access to SOCSO for monitoring files on mentors and mentees.
S. Subcontractor shall follow-up on any needs of the mentees/mentors (Le., no positive role models in
their lives facing multiple challenges and low self esteem, youth experiencing in-crisis and vulnerable
levels of instability needing intervention strategies to redirect their old patterns of behavior, gang
involvement, etc).
T. Subcontractor shall prepare a written evaluation on the project to advise Contractor of mentee progress
in regards to school attendance, self-esteem, educational goals, progress in academic areas, etc.
U. Subcontractor shall schedule closure of mentee and mentors by completing appropriate CSO forms
and provide at the end of the contract term, a financial and programmatic close-out report.
V. Subcontractor shall provide services in a manner that ensures cultural responsiveness to the urban
and rural populations of the County and to the diverse ethnicity of which San Bernardino County is
comprised.
W. Subcontractor shall provide all documents to the Contractor relating to the mentoring contract provided
under the terms and conditions of this agreement, which the state government may require, either
directly, or via CSO.
SUBCONTRACTOR GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Subcontractor, its agents and employees, shall act in an
independent capacity and not as officers, employees, or agents of the CSO or the County of San
Bernardino.
B. Without the prior written consent of CSO, this Contract is not assignable by Subcontractor either in
whole or in part.
C. If during the course of the administration of this agreement, the Contractor determines that the
Subcontractor has made a material misstatement or misrepresentation or that materially inaccurate
information has been provided to the Contractor, this contract may be immediately terminated. If this
contract is terminated according to this provision, the Contractor is entitled to pursue any available
legal remedies.
O. Subcontractor agrees not to enter into any secondary subcontracting agreements for work
contemplated under the Contract without first obtaining written approval from the CSO Program
Manager or designated representative. Any secondary subcontractor shall be subject to the same
provisions as the Subcontractor. Subcontractor shall be fully responsible for the performance of any
provider he contracts with for services contemplated under this contract.
E. Subcontractor shall maintain all records and management books pertaining to the delivery of services
under this Contract and demonstrate accountability for contract performance. Said records shall be
kept and maintained within the County of San Bernardino. Contractor shall have the right upon
reasonable notice and at all reasonable hours of business to examine and inspect such records and
books.
Records should include, but are not limited to monthly summary sheets, sign-in sheets, and other
primary source documents. Fiscal records shall be kept in accordance with generally accepted
accounting principles and must account for all funds, tangible assets, revenue and expenditures.
F. All records shall be complete and current and comply with all contract requirements. Failure to
maintain acceptable records per the preceding requirements shall be considered grounds for
withholding payments and for termination of the Contract.
G. Subcontractor shall notify Contractor in writing of any change in mailing address within ten (10) days
of the address change.
H. Before commencement of performance under this contract, Subcontractor will provide to Contractor a
current list, by name and title, of all personnel providing services hereunder. Changes to this list will
be immediately provided to Contractor in writing as they occur. The list shall include:
1. All full or part-time staff positions by title, including volunteer positions which are directly required
to provide the programs/services described herein; and
2. A brief description of the functions of each such position and the hours each staff member works
each week or, for part-time positions, each day or month, as appropriate; and
3. Where applicable the professional degree and/or license/registration held, and the experience
of staff members; and
4. The names of persons responsible for fulfilling the terms of this contract.
I. Subcontractor shall notify Contractor of any continuing vacancies and any positions which become
vacant during the term of this Contract which will result in reduction of services to be provided under
this Contract. Upon notice of vacancies, the Subcontractor will apprise Contractor of the steps being
taken to provide the services and to fill the position as expeditiously as possible. Vacancies and
associated problems shall be reported to Contractor on each periodical required report for the
duration of said vacancies and/or problems.
J. Subcontractor shall ensure that each recipient of services provided under the terms and conditions of
this contract has read and received a copy of the Family Development Complaint and Grievance
Procedures. A signed statement from each service recipient acknowledging their receipt and
understanding of the procedure may be kept in the Subcontractor's records. Grievance Procedure
must be posted prominently at service sites for recipients to review.
K. Subcontractor shall require all persons, including but not limited to its officers, agents, employees,
volunteers and any subcontractor directly or indirectly involved in administration of services provided
under this Contract to comply with the provisions of Section 10850 and 827 of the Welfare and
Institutions (W & I) Code and Division 19-000 of the Department of Social Services Manual of Policies
and Proced ures and Health and Safety Code 1536 to assure that:
1. All applications and records concerning any individual made or kept by any public officer,
public agency, or Subcontractor with the administration of any provision of the W & I Code
relating to any forms of public social services provided under this Contract will be confidential
and will not be open to examination for any purpose not directly connected with the
administration, performance, compliance, monitoring or auditing of such services.
2. No person will publish. disclose, use permit or cause to be published, disclosed, or used, any
confidential information pertaining to any applicant or recipient of services under this Contract.
Subcontractor agrees to inform all persons directly or indirectly involved in administration of
services provided under this Contract of the above provisions and that any person deliberately
violating these provisions is guilty of a misdemeanor.
L. Subcontractor shall ensure that all known or suspected instances of child abuse or neglect are
reported to the appropriate law enforcement agency or to the appropriate Child Protective Services
agency. This responsibility shall include:
1. Assurance that all employees, agents, consultants or volunteers who perform services
under this Agreement and are mandated by Penal Code Sections 11164 et seq. to report
child abuse or neglect, sign a statement, upon the commencement of their employment,
acknowledging their reporting requirements and their compliance with them.
2. Development and implementation of procedures for employees, agents, consultants, or
volunteers who are not subject to the mandatory reporting laws for child abuse to report any
observed or suspected incidents of child abuse to a mandated reporting party, within the
program, who will ensure that the incident is reported to the appropriate agency.
D......."'.::; "fl'i
Provision of or arrangement of training in child abuse reporting laws (Penal Code, Sections
11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that
such persons have received training in the law within thirty (30) days of
employment/volunteer activity.
M. Subcontractor shall obtain from the Department of Justice (DOJ) records of all convictions involving
any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or
volunteers for all positions in which he or she would have supervisory or disciplinary power over a
minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code
Section 11105.3. This includes individuals licensed personnel who are not able to provide
documentation of prior Department of Justice clearance. A copy of a license from the State of
California is sufficient proof.
N. Subcontractor shall notify Contractor of any staff member, paid, intern or volunteer, who is
knowingly or negligently employed who has been convicted of any crime of violence or of any
sexual crime and shall, upon discovery of such, terminate the employment of said person.
Subcontractor shall investigate all incidents where an applicant, employee, intern or volunteer has
been arrested for any crime listed in penal Code Section 11105.3 and shall notify the Contractor.
To the Contractor's discretion, the Contractor may instruct Subcontractor to take action to either
deny/terminate employment or terminate internship and/or volunteer services where the
investigation shows that the underlying conduct renders the person unsuitable for employment,
internship or volunteer services.
Subcontractor shall immediately notify the Contractor concerning the arrest and/or conviction, for
other than minor traffic offenses, of any paid employee, agent consultant, intern or volunteer staff,
when such information becomes known to the Subcontractor.
O. During the performance of this Contract, Subcontractor and its subcontractors shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, physical disability (including
HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and
denial of family care leave. Contractor and Subcontractor shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. Contractor and Subcontractor shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations, are incorporated into the Contract by reference and made a part
hereof as if set forth in full. Contractor and its Subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or
other agreement.
P. Subcontractor shall make every reasonable effort to prevent employees, consultants or members of
its governing bodies from using their positions for purposes that are, or give the appearance of being
motivated by a desire for private gain for themselves or others, such as those with whom they have
family, business, or other ties. In the event the County detenmines a conflict of interest situation
exists, any increase in costs associated with the conflict of interest may be disallowed by the
Contractor and such conflict may constitute grounds for tenmination of the Contract. This provision
shall not be construed to prohibit employment of persons with whom Subcontractor's officers, agents,
or employees have family, business or other ties so long as the employment of such persons does
not result in increased costs over those associated with the employment of any other equally qualified
applicants and such persons have successfully competed for employment with other applicants on a
merit basis.
a. Subcontractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will
provide a drug-free workplace by taking the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken
against employees for violation.
2. Establish a Drug-Free Awareness Program to inform employees about:
a. the dangers of drug abuse in the workplace;
b. the person's or organization's policy of maintaining a drug-free workplace;
c. any available counseling, rehabilitation and employee assistance programs; and,
d. penalties that may be imposed upon employees for drug abuse violations.
3. Every employee who works on the proposed agreement will:
a. receive a copy of the company's drug-free workplace policy statement; and,
b. agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Contract or both and Subcontractor may be ineligible for award of
any future State and CSD agreements if the department determines that any of the following has
occurred: (1) the Subcontractor has made false certification, or violated the certification by failing to
carry out the requirements as noted above. (GC 8350 et seq.)
R. Subcontractor agrees to and shall comply with the following indemnification and insurance
requirements:
1. Indemnification - The Subcontractor agrees to indemnify, defend and hold harmless the State,
Contractor and its authorized officers, employees, agents and volunteers from any and all
claims, actions, losses, damages, and lor liability arising out of this contract from any cause
whatsoever, including the acts, errors or omissions of any person and for any costs or
expenses incurred by the Contractor on account of any claim therefore, except where such
indemnification is prohibited by law.
2. Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto,
the Subcontractor shall secure and maintain throughout the Contract the following types of
insurance with minimum limits as shown:
a. Worker's Compensation - A program of Workers' Compensation insurance or a State-
approved Self Insurance Program in amount or fonm to meet all applicable
requirements of the Labor code of the State of Califomia, including Employer's Liability
with $250,000 limits, covering all persons providing services on behalf of the
consultant and all risks to such persons under this Agreement.
If Subcontractor has no employees, it may certify or warrant to the Contractor that it
does not currently have any employees or individuals who are defined as "employees"
under the Labor Code and the requirement for Worker's Compensation coverage will
be waived by the Contractor.
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With respect to Subcontractors that are non-profit corporations organized under
Califomia or Federal law, volunteers for such entities are required to be covered by
Worker's Compensation insurance. If the Contractor determines that there is no
reasonably priced coverage for volunteers, evidence of participation in a volunteer
insurance program may be substituted.
b. Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage of owned, hired .and non-
owned vehicles. The policy shall have combined single limits for bodily injury and
property damage of not less than one million dollars ($1,000,000).
c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for
bodily injury and property damage and $3,000,000 in the aggregate or
Professional Liability - Professional liability insurance with limits of at least $1,000,000
per claim or occurrence.
3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming
the Contractor and its officers, employees, agents and volunteers as additional named insured
with respect to liabilities arising out of the performance of services hereunder.
4. Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional
Liability, Subcontractor shall require the carriers of the above required coverage to waive all
rights of subrogation against the Contractor, its officers, employees, agents, volunteers,
contractors and subcontractors.
5. Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
Contractor.
6. Proof of Coverage - Subcontractor shall immediately furnish certificates of insurance to the
CSD Department administering the Contract evidencing the insurance coverage, including
endorsements, above required prior to the commencement of performance of services
hereunder, which certificates shall provide that such insurance shall not be terminated or
expire without thirty (30) days written notice to the Department, and Subcontractor shall
maintain such insurance from the time Subcontractor commences performance of services
hereunder until the completion of such services. Within sixty (60) days of the commencement
of this Agreement, the Subcontractor shall furnish certified copies of the policies and all
endorsements.
7. Insurance Review - The above insurance requirements are subject to periodic review by the
County. The County's Risk Manager is authorized, but not required, to reduce or waive any of
the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the Contractor. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements, to require additional types of insure coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against
the Contractor, inflation, or any other item reasonably related to the Contractor's risk.
8. Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by
amendment to this Agreement. Subcontractor agrees to execute any such amendment within
thirty (30) days of receipt.
r_~..._--=~_ n____~_ f"'_~......__... "'(\(\""1"""""
-
9. Evidence of a bonafide self insurance by Subcontractor will satisfy all the insurance of
Paragraph R.
S. Subcontractor agrees to and shall comply with the County's Child Support Compliance Program
requirements:
1. Contractor's Warranty of Adherence to County's Child Support Compliance Program.
Subcontractor acknowledges that the Contractor has established a goal of ensuring that all
individuals who benefit financially from the Contractor through contract are in compliance with
their court-ordered child, family and spousal support obligations in order to mitigate the
economic burden otherwise imposed upon the Contractor and its taxpayers. As required by
County's Child Support Compliance Program (County Code Section 110.0101 et seq.) and
without limiting Subcontractor's duty under this contract to comply with all applicable
provisions of law, Subcontractor warrants that it is now in compliance and shall during the term
of this contract maintain compliance with employment and wage reporting requirements as
required by the Federal Social Security Act (42 USC Section 653a) and Califomia
Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage
and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings
Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section
706.031 and Family Code Section 5246(b), including any amendments or superseding
legislation. Subcontractor hereby acknowledges the Contractor may require the
Subcontractor to submit a completed Principal Owner Information (POI) Form upon the
request of the District Attorney.
2. Termination for Breach of Warranty to Maintain Compliance with County's Child Support
Compliance Program.
Failure of Subcontractor to maintain compliance with the requirements set forth in the
preceding paragraph shall constitute a default by Subcontractor under this contract. Without
limiting the rights and remedies available to the Contractor under law or under any other
provision of this contract, failure to cure such default within 90 days of notice by the San
Bernardino County Department of Child Support shall be grounds upon which the Contractor
may terminate this contract.
T. Subcontractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules
or regulations relating to its duties, obligations and performance under the terms of the Contract and
shall procure all licenses and pay all fees and other charges required thereby. Subcontractor shall
maintain all required licenses during the term of this Contract. Failure to comply with the provisions of
this section may result in immediate termination of this Contract.
U. Subcontractor shall comply with all applicable local health and safety clearances, including fire
clearances, for each site where services are provided under the terms of this Contract.
V. Subcontractor agrees to and shall comply with the Contractor's Equal Employment Opportunity
Program and Civil Rights Compliance requirements:
1. Equal Employment Opportunity Program: Subcontractor agrees to comply with the provisions
of the Equal Opportunity Program of the County of San Bernardino and nules and regulations
adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375,
11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the
California Department of Social Services Manual of Polices and Procedures and California
Welfare and Institutions Code, Section 1000), the Califomia Fair Employment and Housing
Act, and other applicable Federal, State, and County laws, regulations and policies relating to
equal employment or social services to welfare recipients, including laws and regulations
hereafter enacted.
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,
n_ _~ n _r 1 ~
The Subcontractor shall not unlawfully discriminate against any employee, applicant for
employment, or service recipient on the basis of race, color, national origin or ancestry,
religion, sex, marital status, age, political affiliation or disability. Information on the above rules
and regulations may be obtained from the County HSS Contract Administration.
2. Civil Rights Compliance: The Subcontractor shall develop and maintain internal policies and
procedures to assure compliance with each factor outlined by state regulation. These pOlicies
must be developed into a Civil Rights Plan, which is to be on fiie with the County HSS
Contract Administration within 30 days of awarding this contract. The Plan must address
prohibition of discriminatory practices, accessibility, language services, staff development and
training, dissemination of information, complaints of discrimination, compliance review, and
duties of the Civil Rights Liaison. Upon request HSS shall supply a sample of the Plan format.
The Subcontractor shall be monitored by HSS for compliance with provisions of its Civil Rights
Plan.
W. Former County Officials - Provide information on former County of San Bernardino administrative
officials (as defined below) who are employed by or represent your business. The information
provided must include a list of former county administrative officials who terminated county
employment within the last five years and who are now officers, principals, partners, associates, or
members of the business. Should also include the employment and/or representative capacity and
the dates these individuals began employment with or representation of your business. For purpose
of this section, "county administrative official" is defined as a member of the Board of Supervisors or
such officer's staff, County Administrative Officer or member of such officer's staff, county department
or group head, assistant department or group head, or any employee in the Exempt Group,
Management Unit, or Safety Management Unit. Failure to provide this information may result in the
response to the request for proposal being deemed non-responsive.
Inaccuracies or Misrepresentations - If the course of the administration of the contract, the County
determines that the Subcontractor has made a material misstatement or misrepresentation or that
materially inaccurate information has been provided to the County, the contract may be immediately
terminated. In the event of a termination under this provision, the County is entitled to pursue any
available legal remedies.
X. Subcontractor agrees to comply with all applicable provisions of the Americans with Disabilities Act
(ADA).
Y. Subcontractor will observe the mandatory standards and policies relating to energy efficiency in the
State Energy Conservation Plan (Title 24, Califomia Code of Regulations).
Z. If the amount available to Subcontractor under this Contract, as specified in Article V, Paragraph A.
exceeds $100,000, Subcontractor agrees to comply with Section 306 of the Clean Air Act (42 USC
1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and
Environmental Protection Agency regulations (40 CFR, Part 15).
AA. Subcontractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms
of this Contract. Recycled printed products shall include a symbol identifying the recycled material.
BB. Subcontractor understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the Contractor, shall be the Subcontractor's sole expense and
shall not be charged as a cost under this Contract. In the event of any contract dispute hereunder,
each Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails
in the outcome of the dispute.
CC. Subcontractor shall ensure that it has all necessary licenses and permits required by the laws of
the United States, State of California, County and all other appropriate governmental agencies, and
agrees to maintain these licenses and permits in effect for the duration of this Contract.
Subcontractor will notify the Contractor immediately of loss or suspension of any such license and
permits.
~.._~___ T\ _ _ _ __"-'_ _L _ _, ...."""""...'''.,
^
II. CONTRACTOR RESPONSIBILITIES
A. CSD shall refer 5 children between the ages of 6 and 15 years on or before December 1, 2002 and
remainder of mentees referred by February 28, 2003.
B. In the event that a child drops from the program, CSD may replace that slot with another child
throughout the contract year.
C. CSD shall conduct screening and assessment process for each child referred to the Mentoring
Program.
D. CSD will meet once a month with the CSBMP staff to check the progress and placement of each
child.
E. At the discretion of the Executive Director or Designee Mentoring can be terminated at any
time due to non-compliance, client dissatisfaction, nonproductive status or lack of funding renewal.
1/. CONTRACTOR AND SUBCONTRACTOR MUTUAL RESPONSIBILITIES
A. CSD and CSBMP shall create an application process for the children to be mentored.
B. CSD and CSBMP shall agree to use the Quality Assurance Standards of February 2002, Publication
No. (ADP) 02-1121 in the mentoring process.
C. CSD and CSBMP agree to meet once a month for evaluation purposes.
D. CSD and CSBMP agree they will estabiish mutually satisfactory methods for the exchange of such
information as may be necessary in order that each party may perform its duties and functions under
this Contract; and appropriate procedures to ensure all information is safeguarded from improper
disclosure in accordance with applicable State and Federal laws and reguiations.
E. CSD and CSBMP agree to exchange confidential information only upon written consent of the client.
F. CSD and CSBMP agree they will establish mutually satisfactory methods for resolving problems as
they come up. Problem soiving will start at the lowest possible level as the optimum, with a procedure
to mobilize problem resolution up through CSD and CSBMP mutual chain of command, as deemed
necessary.
FISCAL PROVISIONS
A. The maximum amount under this Contract shall not exceed $15,000.00 and shall be subject to
availability of funds to the Contractor. The consideration to be paid to Subcontractor, as provided
herein, shall be in full payment for all Subcontractor's services and expenses incurred in the
performance hereof, excluding travel and per diem.
B. The Contractor Fiscal Department have the authority to approve line item budget changes to the
budget herein, as long as these changes do not exceed the total Contract dollar amount.
Subcontractor must revise budget if any line item exceeds 15% of budgeted total or if establishing a
new budgeted line item. Subcontractor will not make such changes without first submitting a request
for the changes, in writing, to the address listed in Article X, and obtaining written approval.
C. Contractor discourages the purchase of equipment with funds received under this contract. All
equipment, materials, supplies or property of any kind (including publications and copyrights, etc.)
which have a single unit cost of five hundred dollars ($500) or more, including tax, purchased with
funds received under the terms of this contract and not fully consumed in one (1) year shall be the
. entoring Program Contract 2002/2003
Page II of 15~.
property of Contractor and shall be subject to the provisions of this paragraph The disposition of
equipment or property of any kind shall be determined by Contractor upon contract termination.
D. Costs for services under the terms of this Contract will be incurred during the contract period
except as approved by Contractor. Subcontractor will not use current year funds to pay prior or
future year obligations.
E. Funds made available under this Contract shall not supplant any federal, state or any governmental
funds intended for services of the same nature as this Contract. Subcontractor shall not claim
reimbursement or payment from Contractor for, or apply sums received from Contractor with
respect to that portion of its obligations which have been paid by another source of revenue.
Subcontractor agrees that it will not use funds received pursuant to this Contract, either directly or
indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue
source without prior written approval of the Contractor.
F. Contractor is not liable for the payment of any taxes, other than applicable sales or use tax,
resulting from this Contract however designated, levied or imposed, unless Contractor would
otherwise be liable for the payment of such taxes in the course of its normal business operations.
G. It is mutually understood that a commitment for funding does not exist beyond the specified term of
this Contract or exhaustion of grant funds, whichever comes first. Continuation of services will be
dependent upon renewal of contracts.
Ifl. RIGHT TO MONITOR AND AUDIT
A. Contractor shall have the absolute right to monitor the performance of Subcontractor in the delivery of
services provided under this Contract.
B. Subcontractor agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representatives shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Contract.
Subcontractor agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated. Subcontractor agrees to
allow the auditor(s) access to such records during normal business hours and to allow interviews of
any employees who might reasonably have information related to such records. Further,
Subcontractor agrees to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Contract. (Government Code Section 8546.7, Public
Contract Code Section 10115 et seq., California Code of Regulations Title 2, Section 1896).
C. Contractor or any subdivision or appointee thereof, and the State of California or any subdivision or
appointee thereof, including the Auditor General, shall have absolute right to review and audit all
records, books, papers, documents, corporate minutes, and other pertinent items as requested, and
shall have absolute right to monitor the performance of Subcontractor in the delivery of services
provided under this Contract. Full cooperation shall be given by Subcontractor in any auditing or
monitoring conducted.
D. Subcontractor shall cooperate with the Contractor in the implementation, monitoring and evaluation of
this Contract and comply with any and all reporting requirements established by this Contract.
E. All records pertaining to service delivery and all fiscal, statistical and management books and records
shall be available for examination and audit by the Contractor, County, Federal and State
representatives for a period of three years after final payment under the Contract or until all pending
Contractor, County, State and Federal audits are completed, whichever is later. Records of the
Subcontractor which do not relate to the services under this Contract shall not be subject to review or
audit unless provided in this or another Contract. Technical program data shall be retained locally
and made available upon the Contractor's reasonable advance written notice or turned over to
Contractor. If said records are not made available at the scheduled monitoring visit Subcontractor
may, at Contractor's option, be required to reimburse Contractor for expenses incurred due to
required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour
(including traveltime) and be deducted from the following month's claim for reimbursement.
f"'....t"',...,;n..... 0................,...... r'"...h-""t ,)(\{\,,)/''If'l{\-::!
F. Subcontractor shall provide all reasonable facilities and assistance for the safety and convenience of
Contractor's representative in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work of the Subcontractor.
/11. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Subcontractor to comply with any of the provisions, covenants, requirements or conditions
of this Contract shall be a material breach of this Contract.
8. In such event of a non-cured breach, Contractor may, at its sole discretion and in addition to
immediate termination and any other remedies available at law, in equity, or otherwise specified in this
Contract:
1. Afford Subcontractor thereafter a time period within which to cure the breach, which period
shall be established at sole discretion of Contractor; and/or
2. Discontinue reimbursement to Subcontractor for and during the period in which Subcontractor
is in breach, which reimbursement shall not be entitled to later recovery; and/or
3. Withhold funds pending duration of the breach; and/or
4. Offset against any monies billed by Subcontractor but yet unpaid by Contractor those monies
disallowed pursuant to Item "2" of this paragraph; and/or
5. Terminate this Contract and be relieved of the payment of any consideration to Subcontractor
should Subcontractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In event of such termination, the Contractor may proceed with the
work in any manner deemed proper by the Contractor. The cost to the Contractor shall be
deducted from any sum due to the Subcontractor under this Contract and the balance, if any,
shall be paid by the Subcontractor upon demand.
/liI. TERM
This Contract is effective as of October 15, 2002 and expires October 14, 2003.
(. EARLY TERMINATION
A. The Contractor may terminate the Contract immediately under the provisions of Article VII of the
Contract. In addition, the Contract may be terminated without cause by the Contractor by serving a
written notice to the Subcontractor thirty (30) days in advance of termination. The Assistant County
Administrator - Human Services System is authorized to exercise the Contractor's rights with respect
to any termination of this Contract.
8. Subcontractor will only be reimbursed for costs and un cancelable obligations incurred prior to the date
of termination. Subcontractor will not be reimbursed for costs incurred after the date of termination.
GRIEVANCES
The following procedures are to be followed when filing a grievance:
1. Identify the complaint/grievance in writing.
Time Frame: Within one (1) week of complaint/grievance. If resolved at this time, no further
action is required. If no resolution is apparent within ten (10) calendar days, proceed with step
2.
2. Forward the written complaint/grievance to the FOP Program Manager.
Time Frame: Within one (1) week of step (1). If resolved at this level, no further action is
required. If no resolution is apparent within (15) calendar days, proceed with step (3).
entoring Program Contract 2002/2003
0......... 11 .....f'1 C
3. Forward the written complaint/grievance to CSD Deputy Director at the following address:
Community Services Department
686 East Mill Street
San Bemardino, CA 92415
Telephone: In San Bemardino area: (909) 891-3866
Toll Free: 1-888-743-1477
XI. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and
mailed to the following respective addresses listed below.
Contractor:
Community Services Department
A TIN: Patricia L. Nickols, Executive Director
686 East Mill Street
San Bernardino, CA 92415-0610
Phone: (909) 891-3866
Subcontractor:
City of San Bernardino
clo Parks, Recreation and Community Services Department
547 North Sierra Way
San Bernardino, CA 92410-4816
Phone: (909) 885-1847
B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or
employment arrangement between the Parties hereto, nor shall either Party have the right, power or
authority to create an obligation or duty, expressed or implied, on behalf of the Party hereto.
C. No waiver of any of the provisions of the Contract Documents shall be effective unless it is made in
writing which refers to provisions so waived and which is executed by the Parties. No course of
dealing and no delay or failure of a Party in exercising any right under any contract document shall
affect any other or future exercise of that right or any exercise of any other right. A Party shall not
be precluded from exercising a right by its having partially exercised that right or its having
previously abandoned or discontinued steps to enforce that right.
D. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless
specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly
signed and approved by the Authorized Representatives of both parties as an amendment to this
Contract. No oral understanding or agreement not incorporated herein shall be binding on any of
the Parties hereto.
E. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or
contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable
(giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be
affected.
F. This Contract shall be governed by and construes in all aspects in accordance with the laws of the
State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive
jurisdiction of the state courts located in the County of San Bemardino, for any and all disputes arising
under this Contract, to the exclusion of all other federal and state courts.
lentoring Program Contract 2002/2003
~
Page 140f15
XII. CONCLUSION
A. This Contract, consisting of 15 pages, is the full and complete document describing services to be
rendered by Subcontractor to CSD including all covenants, conditions and benefits.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
C. IN WITNESS WHEREOF, the Community Services Department of The County of San Bernardino
has caused this Agreement to be subscribed to by the Clerk thereof, and Subcontractor has
caused this Agreement to be subscribed in its behalf by its duly authorized officers, the day, month
and year written.
Community Services Department
of San Bernardino County
City of San Bernardino
Signature
Signature
Patricia L. Nickols
Name
Name
Executive Director
Title
Title
686 E. Mill Street, San Bernardino. CA 92415
Address
Address
Date
Date
"eoloring Program COMacl 2002/2003
n___1r_rtr
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 28,2003
TO:
Eustolia Hearns, Mentor Coordinator
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-25
At the Mayor and Common Council meeting of January 21, 2003, the City of San Bernardino
adopted Resolution 2003-25 - Resolution authorizing the Mayor or her designee to execute an
agreement to provide mentoring services for the County of San Bernardino Community Services
Department for the period of October 15, 2002 through October 14, 2003.
Attached are two (2) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by May 21, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
lpt of the above mentioned documents.
Signed:
Date:
Please sign and return
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1- L \ -03 Item #
Vote: Ayes \. 'I Nays ..G-
'\ 0] Resolution #
Abstain -e-'
"ZC03'dS
Absent <G-
Change to motion to amend original documents:
Reso. # On Attachments: /'
Contract term:
NullNoid After: \2C [)p.~.s /6-dl 't"!.-,\
I
Note on Resolution of Attachment stored separately: -==:...
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
By: -
NO
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
t-"2 ~'-'-)
\-C'-C;3
i ;; I '0.3
Reso. Log Updated:
Seal Impressed:
;../'
;../'
Date Memo/Letter Sent for Signature:
I- ;? \('0 3
See Attached: ./ Date Returned: ;) - 3-03
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: Yes /
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985,8234,655,92-389): Yes
No By
No ./ By
No V By
No ,/ By
No 7 By
Copies Distributed to:
City Attorney /
Parks & Rec. ,/
Code Compliance Dev. Services
Police Public Services Water
EDA
Finance
MIS
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ib:1:...
Date: .;L-3-C,'CS
Revised 01/12/01