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HomeMy WebLinkAbout2014-035 1 RESOLUTION NO. 2014-35 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION, OBLIGATION, AN 1 3 EXPENDITURE OF THE FY 2014-2015 CALIFORNIA GANG REDUCTION 4 INTERVENTION, AND PREVENTION (CALGRIP) GRANT FUNDS AN 1 AUTHORIZING THE EXECUTION OF VENDOR SERVICE AGREEMENT 5 BETWEEN THE CITY OF SAN BERNARDINO AND THE BOARD OF STATE AN 1 COMMUNITY CORRECTIONS, (BSCC), SOUTHERN CALIFORNIA MOUNTAIN 6 FOUNDATION, AND CALIFORNIA STATE UNIVERSITY SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION. 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That the City Manager is hereby authorized to execute a Grant Agreement 10 between the City of San Bernardino and the Board of State and Community Corrections, a copy 11 12 of which is attached hereto marked Exhibit"A." 13 SECTION 2. That the Director of Administrative Services is hereby authorized to 14 obligate and expend the allocated California Gang Reduction, Intervention, and Prevention 15 (Ca1GRIP) monies in the amount of$308,435 from the Board of State and Community 16 Corrections, (BSCC), for gang reduction, intervention, and prevention services as outlined in the 17 attached Expenditure Plan, hereby marked Exhibit"B," and by this reference made a part hereof. 18 SECTION 3. That the Director of Administrative Services is hereby authorized to 19 appropriate $308,435 in grant funds to account number 123-210-001-0000-0974 and an 20 expenditure appropriation in account number 123-210-0001-0000-0974. The Director of 21 Administrative Services is hereby authorized to incorporate the changes into the expenditure 22 budgets for FY 2013-14 in the amount of$112,648 and FY 2014-2015 in the amount of 23 24 $132,717, and FY 2015-2016 in the amount of$63,070. 25 SECTION 4. The City Manager is hereby authorized and directed to execute on behalf of said City, Vendor Service Agreements between the City of San Bernardino and 1 2014-35 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION, OBLIGATION, AN 1 3 EXPENDITURE OF THE FY 2014-2015 CALIFORNIA GANG REDUCTION 4 INTERVENTION, AND PREVENTION (CALGRIP) GRANT FUNDS AN 1 AUTHORIZING THE EXECUTION OF VENDOR SERVICE AGREEMENT 5 BETWEEN THE CITY OF SAN BERNARDINO AND THE BOARD OF STATE AN 1 COMMUNITY CORRECTIONS, (BSCC), SOUTHERN CALIFORNIA MOUNTAIN 6 FOUNDATION, AND CALIFORNIA STATE UNIVERSITY SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION. 7 8 Southern California Mountains Foundation, and California State University San Bernardino, 9 Center for the Study of Correctional Education, copies of which are attached hereto marked 10 Exhibit"C" & "D," respectively, and incorporated herein by reference as fully as though set 11 forth at length. 12 SECTION 5. The authorization granted hereunder shall expire and be void and of no 13 further effect if the Agreements are not executed by all parties and returned to the Office of the 14 City Clerk within sixty(60) days following the effective date of the Resolution. 15 /H 16 17 /// 18 /// 19 /// 20 /// 21 22 /// 23 /// 24 /// 25 /// /// 2 2014-35 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION, OBLIGATION, AN 2 EXPENDITURE OF THE FY 2014-2015 CALIFORNIA GANG REDUCTION INTERVENTION, AND PREVENTION (CALGRIP) GRANT FUNDS AN 3 AUTHORIZING THE EXECUTION OF VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE BOARD OF STATE AN 1 4 COMMUNITY CORRECTIONS, (BSCC), SOUTHERN CALIFORNIA MOUNTAIN 5 FOUNDATION, AND CALIFORNIA STATE UNIVERSITY SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION. 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 joint regular meeting thereof, 9 held on the 18th day of Fahriiary , 2014, by the following vote, to wit: to COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 JENKINS x 13 VALDIVIA x SHORETT X 14 NICKEL x 15 JOHNSON x 16 MULVIHILL 17 18 George Hann.Iity Clerk 19 The foregoing Resolution is hereby approved this 00 of Fehr,unry 2014. 20 Ad■ atrick J. orris, Ma • 21 Ci • : :an Bernardino 22 Approved as to form: 23 Gary D Saenz, City Attorney 24 By: • • 25 40 3 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION This Vendor Services Agreement is entered into this 18th day of February,2014, by and between Cal State University of San Bernardino, College of Education ("CONTRACTOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has received a California Gang Reduction, Intervention and Prevention (Ca1GRIP) grant from the Board of State and Community Corrections (BSCC); and WHEREAS, contractor is competent, experienced and able to perform Ca1GRIP services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. CALGRIP SERVICES CONTRACTOR shall: A. Conduct Objective Based Evaluation of UCC goals and objectives. B. Conduct Pre and Post testing evaluations on UCC targeted youth served to evaluate attitudes towards gangs and gang membership. C. Complete an evaluation report and submit it to the Ca1GRIP Coordinator every (6) six months. D. Submit expenditure reports to the Ca1GRIP Coordinator on a quarterly basis. E. Satisfy the Ca1GRIP grant in-kind services match of$10,000.00 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the CONTRACTOR up to the amount of$50,000 for the two year grant period. b. No other expenditures made by the CONTRACTOR shall be reimbursed by the CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for period of(2) Years, beginning on February 18, 2014, and terminating on December 31, 2015. EXHIBIT "A" 2014-35 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 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 of the City of San Bernardino Police Department, or his designee. 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, or his designee that shall include the following: A. Summary of data elements as outlined in the Ca1GRIP grant application. B. 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. 6. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, 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 the 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 attorney's fees, the 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 the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the contractor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 7. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and 2 2014-35 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 at least 30 days prior to any change in or termination of the policy. 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. 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 the 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, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or 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. 11. NOTICES. Any notices 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: Carrie Rios 710 North"D" Street San Bernardino, CA 92401 Telephone: (909) 384-5694 TO THE CONTRACTOR: Jay Fiene, Dean, College of Education 5500 University Parkway San Bernardino,CA 92407 3 2014-35 Telephone: (909) 537-5665, 12. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' 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. 13. ASSIGNMENT. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONTRACTOR'S 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 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. 14. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 15. GOVERNING LAW. This Agreement 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. 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. 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. 4 2014-35 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. 17. 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 breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. AMENDMENTS This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. 19. ENTIRE AGREEMENT; MODIFICATION. 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. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// /// II/ I// II/ I// III III 5 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2014 CONTRACTOR By: Its: Dated , 2014 CITY OF SAN BERNARDINO By: Allen Parker, City Manager Approved as to Form: Gary D. Saenz, City Attorney By: 6 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE URBAN CONSERVATION CORPS—SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION This Vendor Services Agreement is entered into this 18st day of February,2014, by and between The Urban Conservation Corps-Southern California Mountains Foundation ("CONTRACTOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has received a California Gang Reduction, Intervention and Prevention (CaIGRIP) grant from the Board of State and Community Corrections (BSCC); and WHEREAS, contractor is competent, experienced and able to perform Ca1GRIP services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. CALGRIP SERVICES CONTRACTOR shall: A. Enroll (100) one hundred and forty youth participants over a two year program period. B. Identify and Train(100) one hundred and forty youth participants in Botvins Life Skills Training program over a two year program period. C. Provide Wraparound Case Management Services to (100) youth participants during a two year program period. D. Provide Additional Support and Educational Services to youth participants E. Identify (20) twenty youth participants to participate in a Youth Mentoring Program. F. Satisfy the CaIGRIP grant in-kind support match of$271,435.00 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the CONTRACTOR up to the amount of$227,592 for the two year grant period. b. No other expenditures made by the CONTRACTOR shall be reimbursed by the CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for period of(2) Years, beginning on February 18, 2014, and terminating on December 31, 2015. EXHIBIT "B" 2014-35 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 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 of the City of San Bernardino Police Department, or his designee. 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, or his designee that shall include the following: A. Summary of data elements as outlined in the Ca1GRIP grant application. B. Analysis of data elements. C. 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. 6. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, 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 the 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 attorney's fees, the 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 the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the contractor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 2 2014-35 7. INSURANCE. While not restricting or limiting the foregoing, 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 at least 30 days prior to any change in or termination of the policy. 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. 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 the 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, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or 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 services provided by this agreement. 11. NOTICES. Any notices 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: Carrie Rios 710 North"D" Street San Bernardino, CA 92401 Telephone: (909) 384-5694 3 2014-35 TO THE CONTRACTOR: Sarah Miggins 602 S. Tippecanoe Avenue San Bernardino, CA 92408 (951) 529-5741 12. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' 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. 13. ASSIGNMENT. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONTRACTOR'S 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 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. 14. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 15. GOVERNING LAW. This Agreement 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. 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. 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. 4 2014-35 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. 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 breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. AMENDMENTS This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. 20. ENTIRE AGREEMENT; MODIFICATION. 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. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. //I //I //I //I I// /// //I //I //I //I 5 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE URBAN CONSERVATION CORPS—SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2014 CONTRACTOR By: Its: Dated , 2014 CITY OF SAN BERNARDINO By: Allen Parker, City Manager Approved as to Form: Gary D. Saenz, City Attorney B `�'` � t _. 6 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION This Vendor Services Agreement is entered into this 18th day of February,2014, by and between Cal State University of San Bernardino, College of Education ("CONTRACTOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has received a California Gang Reduction, Intervention and Prevention (Ca1GRIP) grant from the Board of State and Community Corrections (BSCC); and WHEREAS, contractor is competent, experienced and able to perform Ca1GRIP services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. CALGRIP SERVICES CONTRACTOR shall: A. Conduct Objective Based Evaluation of UCC goals and objectives. B. Conduct Pre and Post testing evaluations on UCC targeted youth served to evaluate attitudes towards gangs and gang membership. C. Complete an evaluation report and submit it to the Ca1GRIP Coordinator every(6) six months. D. Submit expenditure reports to the Ca1GRIP Coordinator on a quarterly basis. E. Satisfy the Ca1GRIP grant in-kind services match of$10,000.00 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the CONTRACTOR up to the amount of$50,000 for the two year grant period. b. No other expenditures made by the CONTRACTOR shall be reimbursed by the CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for period of(2) Years, beginning on February 18, 014, and terminating on December 31, 2015. 1 , EXHIBIT "A" 2014-35 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 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 of the City of San Bernardino Police Department, or his designee. 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, or his designee that shall include the following: A. Summary of data elements as outlined in the Ca1GRIP grant application. B. 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. 6. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONTRACTOR, its employees, agents, or subcontractors, 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 the 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 attorney's fees, the 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 the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the contractor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 7. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and 2 2014-35 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 at least 30 days prior to any change in or termination of the policy. 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. 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 the 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, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or 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. 11. NOTICES. Any notices 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: Carrie Rios 710 North"D" Street San Bernardino, CA 92401 Telephone: (909) 384-5694 TO THE CONTRACTOR: Jay Fiene, Dean, College of Education 5500 University Parkway San Bernardino,CA 92407 3 2014-35 Telephone: (909) 537-5665, 12. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' 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. 13. ASSIGNMENT. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONTRACTOR'S 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 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. 14. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 15. GOVERNING LAW. This Agreement 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. 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. 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. 4 2014-35 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. 17. 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 breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. AMENDMENTS This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. 19. ENTIRE AGREEMENT; MODIFICATION. 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. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// 5 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO CENTER FOR THE STUDY OF CORRECTIONAL EDUCATION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 4/ , 2014 CONTRACTOR By: Its: 46d76„ Dated ✓ , 2014 CITY OF SAN BERNARDINO By: ./ X _ All- arker, Ci y Manager Approved as to Form: Gary D. Saenz, City Attorney By: - t-t dilb 6 2014-35 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE URBAN CONSERVATION CORPS—SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION This Vendor Services Agreement is entered into this 18st day of February,2014, by and between The Urban Conservation Corps-Southern California Mountains Foundation ("CONTRACTOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has received a California Gang Reduction, Intervention and Prevention (Ca1GRIP) grant from the Board of State and Community Corrections (BSCC); and WHEREAS, contractor is competent, experienced and able to perform Ca1GRIP services as mandated by the grant; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. CALGRIP SERVICES CONTRACTOR shall: A. Enroll (100) one hundred and forty youth participants over a two year program period. B. Identify and Train (100) one hundred and forty youth participants in Botvins Life Skills Training program over a two year program period. C. Provide Wraparound Case Management Services to (100) youth participants during a two year program period. D. Provide Additional Support and Educational Services to youth participants E. Identify (20) twenty youth participants to participate in a Youth Mentoring Program. F. Satisfy the Ca1GRIP grant in-kind support match of$271,435.00 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the CONTRACTOR up to the amount of$227,592 for the two year grant period. b. No other expenditures made by the CONTRACTOR shall be reimbursed by the CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for period of(2) Years, beginning on February 18, 2014, and terminating on December 31, 2015. EXHIBIT "B" 2014-35 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 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 of the City of San Bernardino Police Department, or his designee. 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, or his designee that shall include the following: A. Summary of data elements as outlined in the Ca1GRIP grant application. B. Analysis of data elements. C. 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. 6. INDEMNITY. CONTRACTOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, 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 the 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 attorney's fees, the 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 the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the contractor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 2 2014-35 7. INSURANCE. While not restricting or limiting the foregoing, 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 at least 30 days prior to any change in or termination of the policy. 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. 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 the 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, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or 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 services provided by this agreement. 11. NOTICES. Any notices 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: Carrie Rios 710 North"D" Street San Bernardino, CA 92401 Telephone: (909) 384-5694 3 2014-35 TO THE CONTRACTOR: Sarah Miggins 602 S. Tippecanoe Avenue San Bernardino, CA 92408 (951) 529-5741 12. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' 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. 13. ASSIGNMENT. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONTRACTOR'S 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 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. 14. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State Courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 15. GOVERNING LAW. This Agreement 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. 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. 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. 4 • 2014-35 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. 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 breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. AMENDMENTS This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. 20. ENTIRE AGREEMENT; MODIFICATION. 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. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// /// /// /// /// /// /// 5 /// IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: i , 2014 CONTRACTOR By: Its: v< '+..L •1��,.� Dated ZG , 2014 CITY OF SAN BERNARDINO By: _ en Parker, City Manager Approved as to Form: Gary D. Saenz, City Attorney BY: % 6