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HomeMy WebLinkAbout2011-027 (NOTE: COMPANION RESOLUTION 2011-26) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-27 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE SAN BERNARDINO/RIVERSIDE CATHOLIC CHARITIES AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $125,000 FOR CALGRIP SERVICES. WHEREAS, the California State Office of Emergency Services has approved a $366,654 grant for the California Gang Reduction, Intervention and Prevention (Cal-GRIP) Program for the City of San Bernardino ("City") to implement an evidence-based strategy to reduce gang and youth violence through case management and employment services to qualified youth; and WHEREAS, San Bernardino/Riverside Catholic Charities has been successful in providing Cal- GRIP services. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a new Services Agreement with the San Bernardino/Riverside Catholic Charities, a non-profit organization, a copy of which is attached hereto as exhibit "A" and incorporated herein by this reference. SECTION2. The Director of Finance or her designee is hereby authorized to issue a Purchase Order in the amount of$125,000 to the San Bernardino/Riverside Catholic Charities. SECTION 3. The Purchase Order shall reference this Resolution Number and shall read "San Bernardino/Riverside Catholic Charities to provide CALGRIP services to the City of San Bernardino" and shall incorporate the terms and conditions of the agreement. 2011-27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. IIII 2011-27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINOIRIVERSIDE CATHOLIC CHARITIES AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $125,000 FOR CALGRIP SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of February, 2011, by the following vote, to wit: Council Members: Ayes Nays Abstain Absent MARQUEZ -1L DESJARDINS X BRINKER X SHORETT X KELLEY X JOHNSON -1L MC CAMMACK X Q~ /;). ~~ " City Clerk The foregoing resolution is hereby approved thisq1J~ day of February ,2011. ~Ct~ Tobin Brinker, Mayor Pro Tern . City of San Bernardino Approved as to form: BY: EXHIBIT "A" 2011-27 SERVICES AGREEMENT THIS AGREEMENT is entered into this 1 st day of January, 2011, by and between San BernardinolRiverside Catholic Charities ("CONTRACTOR"), and the CITY OF SAN BERNARDINO, a charter city ("CITY"). WITNESSETH: WHEREAS, the City has received a California Gang reduction, Intervention, and Prevention (CaIGRIP) grant from the State of California Office of Emergency Services; and WHEREAS, Contractor is competent, experienced and able to perform Cal GRIP services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: SECTION 1: CALGRIP SERVICES. CONTRACTOR shall: A. Enroll a cohort of 60 (30-middle school/junior high, IS_9th through 10th grade, 15- 11 th through 1 ih grade) participants into wraparound/comprehensive case management for a minimum of 12 months and a maximum of 18 months; total participants 120 over the two year course of the grant; B. Have participants and families involved in the development of, and engaged in their own individualized case management plan; SECTION 2: TERM. The term of this Agreement shall be for (2) years, beginning on January 1,2011, and terminating on December 31, 2012. This Agreement may be terminated at any time by thirty (30) days written notice by either party. 2011-27 SECTION 3: COMPENSATION. For services provided pursuant to this Agreement, Contractor shall be paid $62,500 per year, at the beginning of the project year to be paid on receipt of an annual invoice from the CONTRACTOR. CITY retains the right to challenge all or any part of an invoice. Financial records shall be maintained in accordance with generally accepted accounting principles by CONTRACTOR in such a manner as to permit CITY to easily trace the expenditure of funds. All books and records of CONTRACTOR are to be kept open for inspection at any time during the business day by the CITY or its officers or agents. Failure to submit the financial records in accordance with this section will result in the CONTRACTOR reimbursing the CITY in the full amount received by the CONTRACTOR. SECTION 4: OVERSIGHT. Services provided pursuant to this agreement between the CONTRACTOR and the CITY shall be at the direction and under the oversight of the City Manager of the City of San Bernardino, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the City Manager, or his designee, to coordinate CalGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the City Manager that shall include the following: 1. Summary of data elements as outlined in the CalGRIP grant application. 2. Analysis of data elements. 3. Required in-kind grant match amounts. Failure to meet the above reporting requirements may lead to a delay or denial of compensation for services as stated in the terms of this Agreement. 2 2011-27 SECTION 6: INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold CITY, its elected officials, employees, agents, and representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damages, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, subcontractors, or volunteers, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of CITY, its elected officials, employees, agents, or representatives. As part of the foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorneys' fees, CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against CITY, its elected officials, employees, agents, or representatives, with respect to third party claims against CONTRACTOR relating to or in any way connected with the accomplishment of the or performance of services under this Agreement. SECTION 7: INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The 3 " 2011-27 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in this policy. SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform the Services provided by this Agreement, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment oflncome Tax, Social Security, State Disability Insurance, Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, employees, and all business licenses, if any are required, in connection with the Services to be performed hereunder. SECTION 10: NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Kent Paxton Mayor's Office 700 North "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: Ken F. Sawa San Bernardino/Riverside Catholic Charities 1450 North "D" Street San Bernardino, CA 92405 4 2011-27 SECTION 11: BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses, or it shall obtain and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code of the City of San Bernardino, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession, or to perform the Services provided by this agreement. SECTION 12: ATTORNEYS' FEES. In the event that litigation is brought by any party in conjunction with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorney's fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 13: ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTORS' interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of the CITY'S consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR'S obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this agreement. 5 2011-27 SECTION 14: GOVERNING LAW. This contract shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts oflaw. SECTION 15: VENUE. The parties hereto agree that all actions or proceedings arising in conjunction with this Agreement shall be tried and litigated either in the State courts in the County of San Bernardino, State of California or the U. S. District Court for the Central District of California. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. SECTION 16: SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. SECTION 17: HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its proVisions. SECTION 18: SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 6 2011-27 SECTION 19: REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breeches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. SECTION 20: AMENDMENT. This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. SECTION 21: ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: Rachel Clark, City Clerk By: Charles E. McNeely, City Manager APPROVED AS TO FORM: San BemardinolRiverside Catholic Charities By: James F. Penman, City Attorney By: Its: 7 2011-27 I I" $ SERVICES AGREEMENT THIS AGREEMENT is entered into this 1st day of January, 2011, by and between San Bernardino/Riverside Catholic Charities ("CONTRACTOR"), and the CITY OF SAN BERNARDINO, a charter city ("CITY"). WITNESSETH: WHEREAS, the City has received a California Gang reduction, Intervention, and Prevention (CalGRIP) grant from the State of California Office of Emergency Services; and WHEREAS, Contractor is competent, experienced and able to perform Cal GRIP services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: SECTION 1: CALGRIP SERVICES. CONTRACTOR shall: A. Enroll a cohort of 60 (30-middle school/junior high, IS_9th through 10th grade, 15- 11th through lih grade) participants into wraparound/comprehensive case management for a minimum of 12 months and a maximum of 18 months; total participants 120 over the two year course of the grant; B. Have participants and families involved in the development of, and engaged in their own individualized case management plan; SECTION 2: TERM. The term of this Agreement shall be for (2) years, beginning on January 1,2011, and terminating on December 31,2012. This Agreement may be terminated at any time by thirty (30) days written notice by either party. 2011-27 SECTION 3: COMPENSATION. For services provided pursuant to this Agreement, Contractor shall be paid $62,500 per year, at the beginning of the project year to be paid on receipt of an annual invoice from the CONTRACTOR. CITY retains the right to challenge all or any part of an invoice. Financial records shall be maintained in accordance with generally accepted accounting principles by CONTRACTOR in such a manner as to permit CITY to easily trace the expenditure of funds. All books and records of CONTRACTOR are to be kept open for inspection at any time during the business day by the CITY or its officers or agents. Failure to submit the financial records in accordance with this section will result in the CONTRACTOR reimbursing the CITY in the full amount received by the CONTRACTOR. SECTION 4: OVERSIGHT. Services provided pursuant to this agreement between the CONTRACTOR and the CITY shall be at the direction and under the oversight of the City Manager of the City of San Bernardino, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the City Manager, or his designee, to coordinate CalGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the City Manager that shall include the following: 1. Summary of data elements as outlined in the CalGRIP grant application. 2. Analysis of data elements. 3. Required in-kind grant match amounts. Failure to meet the above reporting requirements may lead to a delay or denial of compensation for services as stated in the terms of this Agreement. 2 2011-27 SECTION 6: INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold CITY, its elected officials, employees, agents, and representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damages, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, subcontractors, or volunteers, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of CITY, its elected officials, employees, agents, or representatives. As part ofthe foregoing indemnity, CONTRACTOR agrees to protect and defend at its own expense, including attorneys' fees, CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONTRACTOR hereby waives any and all rights to any types of express or implied indemnity against CITY, its elected officials, employees, agents, or representatives, with respect to third party claims against CONTRACTOR relating to or in any way connected with the accomplishment of the or performance of services under this Agreement. SECTION 7: INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The 3 2011-27 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in this policy. SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform the Services provided by this Agreement, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment ofIncome Tax, Social Security, State Disability Insurance, Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, employees, and all business licenses, if any are required, in connection with the Services to be performed hereunder. SECTION 10: NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Kent Paxton Mayor's Office 700 North "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: Ken F. Sawa San Bernardino/Riverside Catholic Charities 1450 North "D" Street San Bernardino, CA 92405 4 2011-27 SECTION 11: BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses, or it shall obtain and maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code of the City of San Bernardino, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONTRACTOR to practice its business or profession, or to perform the Services provided by this agreement. SECTION 12: ATTORNEYS' FEES. In the event that litigation is brought by any party in conjunction with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorney's fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 13: ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTORS' interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of the CITY'S consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR'S obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this agreement. 5 2011-27 SECTION 14: GOVERNING LAW. This contract shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. SECTION 15: VENUE. The parties hereto agree that all actions or proceedings arising in conjunction with this Agreement shall be tried and litigated either in the State courts in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. SECTION 16: SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. SECTION 17: HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provlslOns. SECTION 18: SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 6 2011-27 SECTION 19: REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breeches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. SECTION 20: AMENDMENT. This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. SECTION 21: ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: By: Q ~__~ I~ - L~~ Racher-Clark, City Clerk San BernardinolRiverside Catholic Charities By,_~f 6- Its: C~U/~c. ifrf. APPROVED AS TO FORM: 7