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HomeMy WebLinkAbout20- Police Department ORIGh' AL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Keith Kilmer Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Dept: Police Department OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE Date: June 7, 2010 SERVICE AGREEMENTS WITH THE SAN BERNARDINO COUNTY PROBATION DEPARTMENT, THE YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY, AND THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY FOR THE CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (CALGRIP) GRANT. Council Date: June 7, 2010 Synopsis of Previous Council Action: On January 4, 2010, the Mayor and Common Council of the city of San Bernardino authorized the Police Department to submit the Gang Reduction, Intervention and Prevention (CaIGRIP) Grant to the California Office of Emergency Services and accept the grant Award for the CaIGRIP grant. On December 15, 2009, the grant committee approved forwarding the grant application to the Mayor and Common Council. Recommended Motion: That said Resolution be adopted. //� Signature Contact person: KENT PAXTON Phone: 5133 Supporting data attached: Staff Report and Reso. Ward: All FUNDING REQUIREMENTS: Amount: $400,000 (In Grant Revenue) over 2 years. Source: ��no 20/0 - 13<o Finance: Agenda Item No. '^ i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with the San Bernardino County Probation Department, The Young Visionaries Youth Leadership Academy, and The Foundation for California State University for the California Gang Reduction, Intervention and Prevention (CALGRIP) grant. Background: The California State Office of Emergency Services (OES) released a Request for Proposals (RFP) for the California Gang, Reduction, Intervention and Prevention (Ca1GRIP) Program for Cities for FY 2009/2010. The submission of the Ca1GRIP grant by the Police Department was approved by the Mayor and Common Council on January 4, 2010. The new RFP provided extra points for programs that utilize evidence based program components, including Aggression Replacement Training. Aggression Replacement Training (ART) is a multimodal psycho-educational intervention designed to alter the behavior of aggressive and violent adolescents, ages 12-17. The goal of ART is to improve social skill competence, anger control, and moral reasoning. It is being recommended that the San Bernardino County Probation Department contract with the City to provide Ca1GRIP services. Although the San Bernardino County Probation Department was not included in the CaIGRIP proposal, the California Office of Emergency Services is requiring trainers certified in ART; the Probation Department has those certified trainers. Also, the Probation Department can provide intensive wraparound case management services for gang involved youth identified by the San Bernardino Police Department's gang teams. The Young Visionaries Leadership Academy will provide Parent Gang Awareness and Intervention training under the grant. The CSUSB Center for the Study of Correctional Education will provide the outcomes evaluation for the grant. Finally, the Police Department will utilize grant funds to enhance data collection. The budget for the grant funds are: • $62,500 per year for Probation Department • $13,500 per year for CSUSB • $15,000 per year for the Young Visionaries Leadership Academy • $100,160 per year for the San Bernardino Police Department for data collection The grant period will be from April 1, 2010 to March 31, 2012. The Police Department will administer the grant funds and oversee the grant's programmatic elements. -1- i Fiscal Impact: The estimated $400,000 in grant funding for two years will be placed in separate account and disbursed for approved activities. There will be no cost to the City as the in-kind match required by the grant will be provided by the participating organizations. Recommendation: Approve resolution. -2- COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AGREEMENTS WITH THE SAN BERNARDINO COUNTY PROBATION 4 DEPARTMENT, THE YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY, 5 AND THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, FOR THE CALIFORNIA GANG REDUCTION, INTERVENTION AND 6 PREVENTION (CALGRIP) GRANT. 7 WHEREAS, the California State Office of Emergency Services has approved a$400,000 8 9 grant for the California Gang, Reduction, Intervention and Prevention(Ca1GRIP) Program for the 10 City of San Bernardino to implement an evidence-based strategy to reduce gang and youth gun 11 violence, and 12 WHEREAS, the application by the City of San Bernardino proposes to fund an anti-gang 13 14 program with the elements sought by the CaIGRIP RFP including Aggression Replacement © 15 Training, comprehensive employment services, wraparound intensive case management, and 16 crisis intervention, by contracting with the San Bernardino County Probation Department, and the 17 Young Visionaries Youth Leadership Academy, to augment their services to youth involved in 18 19 gang activity or at-risk of gang affiliation. The application also proposes contracting with the 20 CSUSB Center for the Study of Correctional Education for the program evaluation and reporting 21 required by Ca1GRIP. 22 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 23 SAN BERNARDINO AS FOLLOWS: 24 25 SECTION 1. The City Manager is hereby authorized to enter into and sign service 26 agreements with the San Bernardino County Probation Department (Attachment A), the Young 1 27 Visionaries Youth Leadership Academy (Attachment B), and the Foundation for California State 28 University San Bernardino (Attachment C) for the California Gang Reduction, Intervention and I Prevention(CaIGRIP) grant. 2 SECTION 2. The above authorizations are rescinded if the Agreements are not fully 3 4 executed within sixty (60)days of the passage of this resolution. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 E 20 21 22 23 24 25 26 27 28 din/ I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE 2 AGREEMENTS WITH THE SAN BERNARDINO COUNTY PROBATION 3 DEPARTMENT, THE YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY, AND THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY FOR THE 4 CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION 5 (CALGRIP) GRANT. 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day 9 of June, 2010, by the following vote, to wit: 10 11 Council Members: Ayes Nays Abstain Absent 12 MARQUEZ _ 13 14 VAN JOHNSON © 15 BRINKER 16 SHORETT 17 KELLEY 18 19 DEJARDINS — 20 MC CAMMACK 21 22 City Clerk 23 24 The foregoing resolution is hereby approved this_day of 2010. 25 26 27 Patrick J. Morris Mayor 28 Approved as to form: ® BY: ,o 3 ',n Tiy nt� es F. Penman, City Attorney Attachment A SERVICES AGREEMENT tir.. THIS AGREEMENT is entered into this_day of June, 2010,by and between The San Bernardino County Probation Department ("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 CaIGRIP Probation 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 furnish CaIGRIP Probation services to the City as follows: A. Provide a full-time Probation Officer assigned to the San Bernardino Police Department; fifty percent of the Probation Officer's salary will be paid through the grant award and Probation will provide the remaining fifty percent of the Probation Officer's salary and benefits as match to the grant. B. Provide a .25 Probation Corrections Officer assigned to the Probation Department. { C. The Probation Officer assigned to the grant will work primarily with the SBPD Gang Unit under the day-to-day supervision of a Police Sergeant assigned to the Gang Unit. D. The Probation Corrections Officer will also provide Aggression Replacement Training (A.R.T.)to gang involved youth, who are directly referred to Probation by the SBPD Gang Unit Officers providing supervision of gang involved minors assigned to community based probation supervision. 3 SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be �l for(2)years,beginning, retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty(30) days written notice by either party. A. 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 I the CONTRACTOR and the CITY shall be at the direction and under the oversight of the i Police Chief, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee,to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. �•/ 4 i Failure to meet the above reporting requirements may lead to a delay or denial of s", compensation for services as stated in the terms of this Agreement. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including,without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONTRACTOR, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as"attorneys' fees" for the purposes of this paragraph. SECTION 7: INSURANCE. The City and the County are authorized self-insured public entities for the purposes of general liability, automobile liability, professional liability, and worker's compensation liability and warrant that through their programs of self-insurance they have sufficient coverage or resources to protect against any liabilities arising out of their performance of the terms and conditions of this agreement. SECTION S: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap, ethnic background or country of origin. 5 SECTION 9: INDEPENDENT CONTRACTOR CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: Scott Paterson Police Department 710 North"D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Sean Engelhardt San Bernardino County Probation 175 West 5" St. 4h Floor San Bernardino, CA 92415 SECTION 12: 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 encumb rance 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. SECTION 13: 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. C 6 SECTION 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark,City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: San Be' o County Board Superviso q By' By. L _ James F. Penman, City Attorney Gary 0. Ovi Its: Chairman 7 Attachment B SERVICES AGREEMENT THIS AGREEMENT is entered into this_day of June, 2010,by and between The Young Visionaries Youth Leadership Academy, Inc. ("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 CaIGRIP parent gang awareness 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 furnish CalGRIP parent gang awareness services to the City as follows: A. Provide Parent Gang Awareness training to parents of youth exhibiting delinquent behavior, associating with gang members, experiencing gang recruitment, and gang involved. B. Provide a six week Parent Gang Awareness training to parents referred for services through the San Bernardino Police Department Gang Unit, and the San Bernardino County Probation Department. C. Assist parents participating in the Parent Gang Awareness program identifying and connecting with community-based resources that provide prevention and/or intervention programs to address gang issues impacting family and youth issues. D. Refer participants to counseling services as necessary. 4 SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for (2) years,beginning,retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty (30) days written notice by either party- A. For services provided pursuant to this Agreement, Contractor shall be paid $15,000 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 Police Chief,or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee, to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. 5 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONTRACTOR, its officers, employees and agents (including, without limitation,reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 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 Certificate of Insurance farnished to the CITY shall Crequire the insurer to notify CITY of any change or termination in this policy. 6 SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap, ethnic background or country of origin. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: Police Department 710 North "D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Terrance Stone Young Visionaries Youth Leadership Academy 1616 North D Street San Bernardino, CA 92405 SECTION 11: 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 12: ASSIGNMENT CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTORS' ..r interest in this Agreement without CITY'S prior written consent. Any attempted assignment, 7 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. SECTION 13: 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 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: Young Visionaries Youth Leadership Academy By: James F. Penman, City Attorney Its: 8 Attachment C SERVICES AGREEMENT THIS AGREEMENT is entered into this _day of June, 2010,by and between The Foundation for California State University San Bernardino,Inc. ("CONTRACTOR"), and the CITY OF SAN BERNARDINO, a charter city ("CITY"). WITNESSETH: WHEREAS, the City has received a California Gang reduction,Intervention, and Prevention (Ca1GRIP) grant from the State of California Office of Emergency Services; and WHEREAS, Contractor is competent, experienced and able to perform CaIGRIP evaluation 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 furnish Ca1GRIP evaluation services to the City as follows: A. Qualitative and quantitative data tracking, reporting, and frequency of reporting, as outlined in the Ca1GRIP grant. SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for (2) years,beginning, retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty (30)days written notice by either 9 I party. 1 A. For services provided pursuant to this Agreement, Contractor shall be paid $13,500 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 4 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 Police Chief, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee, to coordinate CaIGRIP services in © the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the 5 CONTRACTOR, its officers, employees and agents (including,without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees"for the purposes of this paragraph. 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 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 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in this policy. SECTION S: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap, ethnic background or country of origin. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. SECTION 10: NOTICES. Any notice to be given pursuant to this Agreement shall Cbe deposited with the United States Postal Service,postage prepaid and addressed as follows: 6 f 1 TO THE CITY: Police Department 710 North "D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Stan Stanly Foundation for California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407 SECTION 11: 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 12: 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. SECTION 13: 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. 7 SECTION 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: Foundation for California State University By: By: James F. Penman, City Attorney ector Ckarfes?I.St�y, r Its: �_ .e f�Prnmam5liaministration _Toundation for CSUSB 8 SERVICES AGREEMENT THIS AGREEMENT is entered into this__day of June,2010, by and between The San Bernardino County Probation Department ("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 CaIGRIP Probation 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 furnish CalGRIP Probation services to the City as follows: A. Provide a full-time Probation Officer assigned to the San Bernardino Police Department; fifty percent of the Probation Officer's salary will be paid through the grant award and Probation will provide the remaining fifty percent of the Probation Officer's salary and benefits as match to the grant. B. Provide a .25 Probation Corrections Officer assigned to the Probation Department. C. The Probation Officer assigned to the grant will work primarily with the SBPD Gang Unit under the day-to-day supervision of a Police Sergeant assigned to the Gang Unit. D. The Probation Corrections Officer will also provide Aggression Replacement Training (A.R.T.)to gang involved youth, who are directly referred to Probation by the SBPD Gang Unit Officers providing supervision of gang involved minors assigned to community based probation supervision. 3 SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for(2)years,beginning, retroactively, on June_ 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty(30) days written notice by either ply. A. 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 Police Chief, or his designee. SECTION 5:REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee,to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; �^ 2. Analysis of data elements. �,d 4 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONTRACTOR, its officers,employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by ® CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 7: INSURANCE. The City and the County are authorized self-insured public entities for the purposes of general liability, automobile liability, professional liability, and worker's compensation liability and warrant that through their programs of self-insurance they have sufficient coverage or resources to protect against any liabilities arising out of their performance of the terms and conditions of this agreement. SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or Ccountry of origin. 5 SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: Scott Paterson Police Department 710 North"D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Sean Engelhardt San Bernardino County Probation 175 West 5fl' St. 4" Floor San Bernardino, CA 92415 SECTION 12: 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. SECTION 13: 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. 6 3 j A SECTION 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: San Bemaz ' o County Board Supery ise n � By: � �. By: Jam F. Penman, City Attorney Gary C. Ovi Its: Chairman 7 SERVICES AGREEMENT THIS AGREEMENT is entered into this_day of June, 2010, by and between The Young Visionaries Youth Leadership Academy, Inc. ("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 CaIGRIP parent gang awareness services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: SECTION I: CALGRIP SERVICES. CONTRACTOR shall furnish Ca1GRIP parent gang awareness services to the City as follows: A. Provide Parent Gang Awareness training to parents of youth exhibiting delinquent behavior, associating with gang members, experiencing gang recruitment, and gang involved. B. Provide a six week Parent Gang Awareness training to parents referred for services through the San Bernardino Police Department Gang Unit, and the San Bernardino County Probation Department. C. Assist parents participating in the Parent Gang Awareness program identifying and connecting with community-based resources that provide prevention and/or intervention programs to address gang issues impacting family and youth issues. D. Refer participants to counseling services as necessary. 4 ♦"' SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for (2) years, beginning,retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty(30) days written notice by either ply. A. For services provided pursuant to this Agreement, Contractor shall be paid $15,000 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 Police Chief, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee, to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. 5 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY,its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONTRACTOR, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 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 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in this policy. i 6 f SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap, ethnic background or country of origin. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: Police Department 710 North"D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Terrance Stone Young Visionaries Youth Leadership Academy 1616 North D Street San Bernardino, CA 92405 SECTION 11: 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 12: 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, 7 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. SECTION 13: 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 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: Young Visionaries Youth Leadership Q Academyp By: �% °vww.. � %/liY./JloG GED es F. Penman, City Attorney Its: 8 SERVICES AGREEMENT THIS AGREEMENT is entered into this_day of June, 2010,by and between The Foundation for California State University San Bernardino,Inc. ("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 Ca1GRIP evaluation 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 furnish CaIGRIP evaluation services to the City as follows: A. Qualitative and quantitative data tracking, reporting, and frequency of reporting, as outlined in the CaIGRIP grant. SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for (2) years, beginning, retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty (30) days written notice by either party. A. For services provided pursuant to this Agreement, Contractor shall be paid $13,500 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 4 f t ' 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 Police Chief, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee, to coordinate Ca1GRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the 5 CONTRACTOR, its officers, employees and agents (including, without limitation, reasonable V costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 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 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 discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: 6 TO THE CITY: Police Department 710 North "D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Stan Stanly Foundation for California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407 SECTION 11: 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 12: 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. SECTION 13: 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. 7 SECTION 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: , By: Rachel Clark, City Clerk Charles E. McNeely,City Manager APPROVED AS TO FORM: Foundation for California State fir+ University es F. Penman, City Attorney tOl Charles A.Stan ley, . Its: ��En3BrBlt rPrnarainS tshatton foundation forC5USB 8 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AGREEMENTS WITH THE SAN BERNARDINO COUNTY PROBATION 4 DEPARTMENT, THE YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY, 5 AND THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY +9R—THE-- FOR THE CALIFORNIA GANG REDUCTION, 6 INTERVENTION AND PREVENTION (CALGRIP) GRANT. 7 WHEREAS, the California State Office of Emergency Services has approved a $400,000 8 9 grant for the California Gang, Reduction, Intervention and Prevention (Ca1GRIP) Program for the 10 City of San Bernardino to implement an evidence-based strategy to reduce gang and youth gun 11 violence,and 12 WHEREAS,the application by the City of San Bernardino proposes to fund an anti-gang 13 14 program with the elements sought by the CaIGRIP RFP including Aggression Replacement 15 Training, comprehensive employment services, wraparound intensive case management, and 16 crisis intervention, by contracting with the San Bernardino County Probation Department, and the 17 Young Visionaries Youth Leadership Academy, to augment their services to youth involved in 18 19 gang activity or at-risk of gang affiliation. The application would also contract with the CSUSB 20 Center for the Study of Correctional Education for the program evaluation and reporting required 21 by CaIGRIP. 22 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 23 SAN BERNARDINO AS FOLLOWS: 24 25 SECTION 1. The City Manager is hereby authorized to enter into and sign service 26 agreements with the San Bernardino County Probation Department (Attachment A), the Young 27 Visionaries Youth Leadership Academy (Attachment B), and the Foundation for California State 28 University San Bernardino (Attachment C) for the California Gang Reduction, Intervention and t I Prevention(CaIGRIP) grant. I 2 SECTION 2. The above authorizations are rescinded if the Agreements are not fully 3 executed within sixty (60) days of the passage of this resolution. 4 5 H11 6 11H 7 8 9 10 11 12 13 14 15 ill 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AGREEMENTS WITH THE SAN BERNARDINO COUNTY PROBATION 3 DEPARTMENT, THE YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY, AND THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY FOR THE 4 CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION 5 (CALGRIP) GRANT. 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and g Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day 9 1 of June, 2010, by the following vote,to wit: 10 11 Council Members: Ayes Nays Abstain Absent 12 MARQUEZ 13 14 VANJOHNSON — 15 BRINKER — 16 SHORETT 17 KELLEY _ 18 19 DEJARDINS — 20 MC CAMMACK — 21 22 City Clerk 23 24 The foregoing resolution is hereby approved this—day of 2010. 25 26 27 Patrick J. Morris May 28 Approved as to form: BY: James F. Penman, City Attorney Attachment A SERVICES AGREEMENT THIS AGREEMENT is entered into this day of June, 2010, by and between The San Bernardino County Probation Department("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 CaIGRIP Probation 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 furnish CaIGRIP Probation services to the City as follows: A. Provide a full-time Probation Officer assigned to the San Bernardino Police Department; fifty percent of the Probation Officer's salary will be paid through the grant award and Probation will provide the remaining fifty percent of the Probation Officer's salary and benefits as match to the grant. B. Provide a .25 Probation Corrections Officer assigned to the Probation Department. C. The Probation Officer assigned to the grant will work primarily with the SBPD Gang Unit under the day-to-day supervision of a Police Sergeant assigned to the Gang Unit. D. The Probation Corrections Officer will also provide Aggression Replacement Training 1 (A.R.T.)to gang involved youth, who are directly referred to Probation by the SBPD Gang Unit Officers providing supervision of gang involved minors assigned to community based i i probation supervision. ' 3 F i SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for(2) years, beginning, retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty (30)days written notice by either ply. A. 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 I 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 Police Chief, or his designee. SECTION 5:REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee, to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. 4 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including,without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONTRACTOR, its officers,employees and agents(including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT,except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees"for the purposes of this paragraph. SECTION 7: INSURANCE. The City and the County are authorized self-insured public entities for the purposes of general liability, automobile liability, professional liability, and worker's compensation liability and warrant that through their programs of self-insurance they have sufficient coverage or resources to protect against any liabilities arising out of their performance of the terms and conditions of this agreement. SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap, ethnic background or country of origin. 5 SECTION 9: INDEPENDENT CONTRACTOR CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: Scott Paterson Police Department 710 North"D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Sean Engelhardt San Bernardino County Probation 175 West 5a' St. 4s'Floor San Bernardino, CA 92415 i i SECTION 12: 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. SECTION 13: 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. 6 I SECTION 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. j ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager i APPROVED AS TO FORM: San Be' o County Board I Supery iso n By: By: L James F. Penman, City Attorney Gary CN. Ovi Its: Chairman a i Attachment B SERVICES AGREEMENT THIS AGREEMENT is entered into this_day of June, 2010,by and between The Young Visionaries Youth Leadership Academy, Inc. ("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 CaIGRIP parent gang awareness 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 furnish CaIGRIP parent gang awareness services to the City as follows: A. Provide Parent Gang Awareness training to parents of youth exhibiting delinquent behavior, associating with gang members, experiencing gang recruitment, and gang involved. B. Provide a six week Parent Gang Awareness training to parents referred for services through the San Bernardino Police Department Gang Unit, and the San Bernardino County Probation Department. C. Assist parents participating in the Parent Gang Awareness program identifying and connecting with community-based resources that provide prevention and/or intervention programs to address gang issues impacting family and youth issues. D. Refer participants to counseling services as necessary. 4 SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for (2) years,beginning, retroactively, on June_,2010, and terminating on March 31, 2012. This Agreement maybe terminated at any time by thirty(30) days written notice by either ply. A. For services provided pursuant to this Agreement, Contractor shall be paid $15,000 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 Police Chief, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled i monthly meetings with the Police Chief, or his designee, to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the Ca1GRIP grant application; 2. Analysis of data elements. 5 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONTRACTOR, its officers, employees and agents (including, without limitation,reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 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 Certificate of Insurance famished to the CITY shall require the insurer to notify CITY of any change or termination in this policy. 6 SECTION 8: NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap, ethnic background or country of origin. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: Police Department 710 North "D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Terrance Stone Young Visionaries Youth Leadership Academy 1616 North D Street San Bernardino, CA 92405 SECTION 11: 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 12: 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, 7 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. SECTION 13: 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 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: Young Visionaries Youth Leadership Academyp By: �iLY.�v James F. Penman, City Attorney ��� Its: � 8 Attachment C James F. Penman, City Attorney SERVICES AGREEMENT THIS AGREEMENT is entered into this_day of June, 2010,by and between The Foundation for California State University San Bernardino, Inc. ("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 CaIGRIP evaluation 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 furnish CaIGRIP evaluation services to the City as follows: A. Qualitative and quantitative data tracking, reporting, and frequency of reporting, as outlined in the CaIGRIP grant. SECTION 2: TERM AND COMPENSATION. The term of this Agreement shall be for (2)years,beginning, retroactively, on June_, 2010, and terminating on March 31, 2012. This Agreement may be terminated at any time by thirty (30) days written notice by either party- A. For services provided pursuant to this Agreement, Contractor shall be paid $13,500 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 4 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 Police Chief, or his designee. SECTION 5: REPORTING. CONTRACTOR shall attend regularly scheduled monthly meetings with the Police Chief, or his designee, to coordinate CaIGRIP services in the City. The CONTRACTOR will also provide quarterly reports to the Police Chief that shall include the following: 1. Summary of data elements as outlined in the CaIGRIP grant application; 2. Analysis of data elements. 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. SECTION 6: INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers,employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to the CITY'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the 5 CONTRACTOR, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONTRACTOR'S performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONTRACTOR'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 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 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-DISCRIII-ffNATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,physical handicap,ethnic background or country of origin. SECTION 9: INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 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: 6 TO THE CITY: Police Department 710 North "D" Street San Bernardino, CA 92401 TO THE CONTRACTOR: Stan Stanly Foundation for California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407 SECTION 11: ATTORNEYS' FEES In the event that litigation is brought by any parry 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 12: 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. SECTION 13: 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. 7 i SECTION 14: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown. ATTEST: CITY OF SAN BERNARDINO By: By: Rachel Clark, City Clerk Charles E. McNeely, City Manager APPROVED AS TO FORM: Foundation for California State University By: By: (v�0 James F. Penman, City Attorney rec C(arCes A.St a�y� tor Its: rpensered Pw., ms inisvation Foundation for CSUSB 8