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HomeMy WebLinkAbout11- Mayor's Office R i � L CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Kent Paxton Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Dept: Mayor's Office OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE Date: January 24, 2011 SERVICE AGREEMENTS WITH SAN BERNARD[NO/RIVE RSIDE CATHOLIC CHARITIES, SAN BERNARDINO NATIONAL FOREST ASSOCIATION URBAN YOUTH CONSERVATION CORPS, AND THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY SAN BERNARDINO FOR THE CALIFORNIA GANG REDUCATION, INTERVENTION, AND PREVENTION (CAL-GRIP) GRANT. M/CC Meeting Date: January 24, 2011 Synopsis of Previous Council Action: November 15, 2010 Mayor and Common Council ratified submission of the grant and authorized the City Manager to accept the grant award. Recommended Motion: Adopt Resolution. 0 Sig ature Contact person: Kent Paxton Phone: 3623 Supporting data attached: Staff Report and Reso. Ward: All FUNDING REQUIREMENTS: Amount: $366,654 (In grant revenue) Source: (Acct. No.): (Acct Description)- Finance: Agenda Item No. / MA r7_Es2 1)q-6 L,!e7_0 Lot q PaenL� _7�4Z,(44 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with San Bernardino/Riverside Catholic Charities, San Bernardino National Forest Association, and the Foundation for California State University San Bernardino for the California Gang Reduction, Intervention and Prevention(Cal-Grip) grant. Backp,round• On October 1, 2010, the California Emergency Management Agency (Cal EMA) released a Request for Proposal for the California Gang Reduction, Intervention, and Prevention Program, 2010/11. Only Cities may apply for up to $400,000 in grant funds for gang prevention, intervention and suppression activities. The Mayor's Office was notified on December 14, 2010 that the City was successful in its application for the 2011/2012 Cal-Grip grant funds. The City of San Bernardino, under the Operation Phoenix initiative, has been successful in securing three other Cal-GRIP grants totaling almost $1.2 million. Successful applications in the past have included partnerships with San Bernardino County Probation, to fund a Probation Officer to work with our SBPD gang units, parenting classes through Young Visionaries; and, contracts with Catholic Charities and the Urban Youth Conservation Corps. The Urban Youth Conservation Corps and Catholic Charities have been highly successful in their intervention efforts with gang affiliated youth, and youth at-risk of joining gangs. This grant will allow the City of San Bernardino to contract again with the Urban Youth Conservation Corps and Catholic Charities for evidence based gang intervention services. Gang intervention services will be provided to 100 Probation and at-risk middle school and high school youth. Target areas for the grant will include two Housing Authority sites, at Whitney Young and Waterman Gardens, and at the Delman Heights Community Center. The Urban Youth Conservation Corps, under the umbrella of the San Bernardino National Forest Association, will provide workforce development skills to targeted youth by participating in meaningful forestry conservation projects including wildlife management, firefighting, and community engagement. Catholic Charities will provide the Botvin Life Skills Training program, an evidence based program, that uses developmentally appropriate, collaborative learning strategies to help students achieve competency in the skills that have been found to reduce and prevent substance abuse and violence. The California State University San Bernardino-Center for the Study of Correctional Education will provide the required program evaluation component for the grant. i The grant will provide $183,327 per year for a two year period, from January 2011 through December 2012. The annual budget will include: • Catholic Charities-$55,000 • Urban Youth Conservation Corps-$98,000 • Botvin Life Skills Training Program-$5,562 • CSUSB-$15,000 • City of San Bernardino-$9,765 (Administrative Overhead) Funding requires a dollar-for-dollar (100 percent) match of the funds awarded to the recipient (cash or in-kind). The match will be met through in-kind services provided by the Urban Youth Conservation Corps and Catholic Charities. The City Manager's Office will administer the grant with the assistance of the Mayor's Office. Financial Impact: The City will receive $19,530 over the course of the grant for administrative overhead. Recommendation: Adopt the Resolution. 2 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY 4 SAN BERNARDINO AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $30,000 5 FOR CALGRIP EVALUATION SERVICES. 6 WHEREAS, the California State Office of Emergency Services has approved a $366,654 grant for 7 the California Gang Reduction, Intervention and Prevention (Cal-GRIP) Program for the City of 8 9 San Bernardino ("City") to implement an evidence-based strategy to reduce gang and youth 10 violence through case management and employment services to qualified youth; and 11 WHEREAS, the grant awarded to the City requires an evaluation component provided by an 12 institution of higher education. 13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 14 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed 17 to execute, on behalf of said City, a new Services Agreement with the Foundation for California 18 19 State University San Bernardino, a non-profit organization, a copy of which is attached hereto as 20 exhibit"A" and incorporated herein by this reference. 21 22 SECTION2. The Director of Finance or her designee is hereby authorized to issue a Purchase 23 24 Order in the amount of$30,000 to the Foundation at California State University San Bernardino. 25 26 SECTION 3. The Purchase Order shall reference this Resolution Number and shall read 27 "Foundation at California State University to provide CALGRIP evaluation services to the City of 28 San Bernardino' and shall incorporate the terms and conditions of the agreement. I SECTION 4. The authorization to execute the above referenced agreement is rescinded if the 2 parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 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 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY 3 SAN BERNARDINO AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $30,000 FOR CALGRIP EVALUATION SERVICES. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 24th 8 day of January, 2011, by the following vote, to wit: 9 10 Council Members: des Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 21 City Clerk 22 The foregoing resolution is hereby approved this day of , 2011. 23 24 25 Patrick J. Morris 26 Mayor 27 Approved as to form: 28 BY: �: "�� J es F. Penman, City Attorney EXHIBIT "A" SERVICES AGREEMENT THIS AGREEMENT is entered into this I"day of January, 2011, 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 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 application. 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. SECTION 3: COMPENSATION. 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 1 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 Ca1GRIP 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 CaIGRIP 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 provided for in this Agreement. 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 2 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 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, 3 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 of Income 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: 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 11: 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 1 Mayor's Office 700 North "D" Street San Bernardino, CA 92418 1 1 4 1 TO THE CONTRACTOR: Diane Trujillo Foundation for California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407 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. 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. 5 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 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. 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 6 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: By. Rachel Clark,City Clerk Charles E. McNeely,City Manager APPROVED AS TO FORM: FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO By: By. James F.Penman,City Attorney Its: 7 SERVICES AGREEMENT THIS AGREEMENT is entered into this 1St day of January, 2011, 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 CaIGRIP grant application. 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. SECTION 3: COMPENSATION. 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 1 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 Ca1GRIP 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 Ca1GRIP 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 provided for in this Agreement. 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 2 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 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, 3 I E 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 of Income Tax, Social Security, State Disability Insurance, Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, employees, anal all business licenses, if any are required, in connection with the Services to be performed hereunder. SECTION 10: 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 11: 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 i 4 TO THE CONTRACTOR: Diane Trujillo Foundation for California State University San Bernardino 5500 University Parkway San Bernardino, CA 92407 SECTION 12: ATTORNEYS' FEES. In the event that litigation is brought by any party in conjunction with this agreement,the a t 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. 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. 5 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 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. 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 t other remedies. The failure of either party to act in the event of a breach of this Agreement by t 6 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: By: Rachel Clark,City Clerk Charles E. McNeely,City Manager APPROVED AS TO FORM: FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO By: PesF.=Penmafi, rvt j- By: J City Attorney Its: 7 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE SAN BERNARDINO NATIONAL FOREST ASSOCIATION 4 AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $196,000 FOR CALGRIP 5 SERVICES. 6 WHEREAS, the California State Office of Emergency Services has approved a$366,654 grant for 7 the California Gang Reduction, Intervention and Prevention (Cal-GRIP) Program for the City of 8 9 San Bernardino ("City") to implement an evidence-based strategy to reduce gang and youth 10 violence through case management and employment services to qualified youth; and 11 WHEREAS, the San Bernardino National Forest Association, Urban Youth Conservation Corps 12 has been successful in providing Cal-GRIP services. 13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 14 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed 17 to execute, on behalf of said City, a new Services Agreement with the San Bernardino National 18 19 Forest Association, a non-profit organization, a copy of which is attached hereto as exhibit"A" and 20 incorporated herein by this reference. 21 22 SECTION2. The Director of Finance or her designee is hereby authorized to issue a Purchase 23 24 Order in the amount of$196,000 to the San Bernardino National Forest Association. 25 26 SECTION 3. The Purchase Order shall reference this Resolution Number and shall read "San 27 Bernardino National Forest Association to provide CALGRIP services to the City of San 28 Bernardino'and shall incorporate the terms and conditions of the agreement. I SECTION 4. The authorization to execute the above referenced agreement is rescinded if the 2 parties to the agreement fail to execute it within sixty(60) days of the passage of this resolution. 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 I I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO NATIONAL FOREST ASSOCIATION 3 AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $196,000 FOR CALGRIP SERVICES. 4 5 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 24th g day of January, 2011, by the following vote,to wit: 9 10 Council Members: Armes Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 21 City Clerk 22 The foregoing resolution is hereby approved this day of , 2011. 23 24 25 Patrick J. Morris 26 Mayor 27 Approved as to form: 28 BY: �" Oles F. Penman, City Attorney EXHIBIT "A" SERVICES AGREEMENT THIS AGREEMENT is entered into this Ist day of January, 2011, by and between The San Bernardino National Forest Association("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 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 30 middle/junior high aged youth from the Delmann Heights area in the Urban Youth Conservation Corps (UYCC)per year; B. Enroll 30 high school grade aged youth in the UYCC per year to receive: a) over 200 hours of conservation technical training per year, b) over 200 hours of membership training, and c) over 200 hours of education enrichment per year. C. Have 15 high school (11th and 12th) grade youth receive at least one National Forest Service Certification and be qualified to apply for"green collar"employment. D. Coordinate the Botvin Life Skills Training Program. E. Satisfy the Cal-GRIP grant in-kind match of$366,654. 1 t 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 s written notice by either party. SECTION 3: COMPENSATION. For services provided pursuant to this Agreement, Contractor shall be paid $98,000 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 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 Ca1GRIP 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 CaIGRIP grant application. 2. Analysis of data elements. 2 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. 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 3 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 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 of Income 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: 4 TO THE CITY: Kent Paxton Mayor's Office 700 North "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: Sandy Bonilla San Bernardino National Forest Association 602 S. Tippecanoe San Bernardino, CA 92408 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 1 encumber all or any part of the CONTRACTORS' interest in this Agreement without CITY'S 5 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 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 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 6 Wool 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. 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: By: Rachel Clark,City Clerk Charles E.McNeely, City Manager APPROVED AS TO FORM: San Bernardino National Forest Association By: By: James F. Penman,City Attorney Its: 7 SERVICES AGREEMENT THIS AGREEMENT is entered into this I"day of January, 2011, by and between The San Bernardino National Forest Association ("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 30 middle/junior high aged youth from the Delmann Heights area in the Urban Youth Conservation Corps (UYCQ per year; B. Enroll 30 high school grade aged youth in the UYCC per year to receive: a) over 200 hours of conservation technical training per year, b) over 200 hours of membership training, and c) over 200 hours of education enrichment per year. C. Have 15 high school (I I th and 12 1h) grade youth receive at least one National Forest Service Certification and be qualified to apply for"green collar"employment. D. Coordinate the Botvin Life Skills Training Program. E. Satisfy the Cal-GRIP grant in-kind match of$366,654. 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. SECTION 3: COMPENSATION. For services provided pursuant to this Agreement, Contractor shall be paid $98,000 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 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 Ca1GRIP 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 CaIGRIP grant application. 2. Analysis of data elements. 2 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. 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 3 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 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 of Income 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: 4 TO THE CITY: Kent Paxton Mayor's Office 700 North"D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: Sandy Bonilla San Bernardino National Forest Association 602 S. Tippecanoe San Bernardino, CA 92408 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 5 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 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. i 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 6 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. 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: By: Rachel Clark,City Clerk Charles E. McNeely,City Manager APPROVED AS TO FORM: San Bernardino National Forest Association J�fie F. Penman,Ci y Attorney i Its: 7 ■r+rrr.rrr:rramrroirr+`rrrrrrrr�rr _.. I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE SAN BERNARDINO/RIVERSIDE CATHOLIC CHARITIES 4 AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $110,000 FOR CALGRIP 5 SERVICES. 6 WHEREAS, the California State Office of Emergency Services has approved a $366,654 grant for 7 the California Gang Reduction, Intervention and Prevention (Cal-GRIP) Program for the City of 8 9 San Bernardino ("City") to implement an evidence-based strategy to reduce gang and youth 10 violence through case management and employment services to qualified youth; and 11 WHEREAS, San Bernardino/Riverside Catholic Charities has been successful in providing Cal- 12 GRIP services. 13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 14 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed 17 to execute, on behalf of said City, a new Services Agreement with the San Bernardino/Riverside 18 19 Catholic Charities, a non-profit organization, a copy of which is attached hereto as exhibit "A" and 20 incorporated herein by this reference. 21 22 SECTION2. The Director of Finance or her designee is hereby authorized to issue a Purchase 23 24 Order in the amount of$110,000 to the San Bernardino/Riverside Catholic Charities. 25 26 SECTION 3. The Purchase Order shall reference this Resolution Number and shall read "San 27 Bernardino/Riverside Catholic Charities to provide CALGRIP services to the City of San 28 Bernardino'and shall incorporate the terms and conditions of the agreement. I SECTION 4. The authorization to execute the above referenced agreement is rescinded if the 2 parties to the agreement fail to execute it within sixty(60) days of the passage of this resolution. 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 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH THE SAN BERNARDINO/RIVERSIDE CATHOLIC CHARITIES 3 AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $110,000 FOR CALGRIP SERVICES. 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 24th 8 day of January, 2011, by the following vote, to wit: 9 10 Council Members: A es Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 18 19 MC CAMMACK 20 21 City Clerk 22 23 The foregoing resolution is hereby approved this day of 2011. 24 25 26 Patrick J. Morris 27 Approved as to form: Mayor 28 BY: .1.., :' es F. Penman, City Attorney F EXHIBIT "A" 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 (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, i t the parties agree as follows: SECTION 1: CALGRIP SERVICES. CONTRACTOR shall: A. Enroll a cohort of 60 (30-middle school/junior high, 15-9th through 10th grade, 15— gF 1 11th through 12" 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 rant, t 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. t 1 SECTION 3: COMPENSATION. For services provided pursuant to this Agreement, Contractor shall be paid $55,000 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 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 Ca1GRIP 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 CaIGRIP 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 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 i 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 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 of Income 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 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 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 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 i 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: By_ Rachel Clark,City Clerk Charles E.McNeely,City Manager APPROVED AS TO FORM: San Bernardino/Riverside Catholic Charities By: By: ��,�� J s F.Penman,City Attorney Its: 7 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 (Ca1GRIP) 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, 15-9th through 10th grade, 15— 11 th through 12th 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. I SECTION 3: COMPENSATION. For services provided pursuant to this Agreement, Contractor shall be paid $55,000 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 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 CaIGRIP 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 CaIGRIP 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 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 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 of Income 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 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 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 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 i 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: By. Rachel Clark,City Clerk Charles E. McNeely,City Manager APPROVED AS TO FORM: San Bernardino/Riverside Catholic Charities By: ��, �r J s F.Penman,Ci Attorney By. Its: 7 i