Ollin Restorative Justice Practices - Agreement for Services in SchoolsAGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 01 day of February , 2018, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California.
and CONSULTANT: 011in Restorative Justice Practices, LLC., having a principal place of
business at 1005 Cherry Ct. Hollister CA 95023.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 02/01/2018 and will continue in effect through
6/01/2018 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein.
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions') and Exhibit "B" ( "Scope of Services'), within the time periods described in
Exhibit "C" ( "Milestone Schedule').
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
4835 - 2267- 0361v1 _
LAC104706083 -1
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes fiill and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event
however shall the total compensation paid to CONSULTANT exceed $ 19,200.00.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed during the preceding period. If CITY objects to all or any portion
of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from
receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in
dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any
invoiced amounts to which it has objected until the objection has been resolved by mutual
agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business.
4835 - 2267 -0361v1 _2_
LAC104706083
;
I I
I ,
ART[CLE 5 OBLIGATfONS OT CONSULTANT �
A. Tools nnd Instrumentalities I
CONSULTANT shall supply all tools and mstrumental�ties reqwred to perform the services
under this A�•eement at its sole cost and expense CONSULTANT is not required to purchase
or rent any tools, equipment or services from C1TY
B. �Vorkers' Compens�tion
CONSULTANT agees to provide workers' compensation insurance for CONSULTANT'S i
employees and a�ents and agrees ro hold harmless, defend with counsel acceptable to CITY and
indemnify C[TY, its officers, representatives, agents and em�loyees £rom and agamst any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liaUilities and expenses, �
including without limitation reasonable attorneys' fees, arising out of any in�ury, disability, or
denth of any of CONSULTANT'S employees
C. Indemnification of Liability, Duty to Defend
1 As to pirofess�onal liability, to the fullest extent permitted by law, �
CONSULTANT shall defend, dtrouoh counsel approved by CITI' (which approval sliall not be
unreasonably witl�held), indemnify and hold hnrmless CITY, its ofticers, representatives, agents
and employees against any and aIl suits, damages, costs, fees, claims, demands, causes of action, i
losses, liabilities and cxpenses, including without limitation attorneys' fees, to the extent ansing
or resulhng directly or induecUy from any willful or nagligent acts, errors or omissions of '
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relatmg to the m�ury or death of any person or damage to azry property.
2 As to other liability, to the fullest extent peimitted by law, CONSULTANT shall
defend,through coLmsel approved by CITY (�vhich approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its o�cers, representatives, agents and employees agamst �
nny ttnd all sui[s, damages, costs, fees, claims, demands, causes of action, losses, liabil�Ues and �
expenses, includmg wdhout limitation attorneys' fees, aiising or resultmg cLrectly or mdirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all clnims relating to the m�ury or death of any person or damage to any
property
D. [nsurance
(n addition to nny oflier obhgations under this Agreement, CONSULTANT shall, at no cost to
C[TY, obtain and mamtam throuohout the tenn of th�s A��eement (a) Commercill Li�bil�ty
[nsurance on a per occuiTence bas�s, mcludm� coverage for owned and non-owned automobiles, ,
wrth a mmimum combuied smgle limit coverage of�1,00Q000 per occun�ence for all damages i
�ue to bodily in�ury, sickness or disease, or death to any person, and damage to property, I I
includmg the loss of use thereof; and (b) Professiqnll Liability Insurance (Errors & Om�ssions)
wdh a mmunum coverage of $I,000,000 per occurrence or claim, 1nd 52,000,000 ag��eglte, �
as7s�z?s��o�nh1 3
1nC10470`a087
provtded however, Professional Liabiliry Insurance written on 1 claims made basis must cumply ��I
with the requirements set forth below Professional Liability Insurance tivrittea on a daims made
basis (includm� wdhout limitahon the tmtial pol�cy obtamed and all subsequent policies II
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before die earlier of the effechve date of the contract or the begmmng ofttte contract
�vork. Claims mlde Professional Liability Insurance must be mamtained, and written evidence
of insurince must be provided, for �t least five (5) years after the complehon of the contract �
work If claims made covcrage is canceled or non-renewed, and not replaced wrth another ;
ctaims-made policy fonn with a retroactive date prior to the earlier of tlie effective date of fhe �
contruct or tl�e beginning of the contract work, CONSULTANT must purchase so called
"extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of I
the contract or the beginning of fl1e contract work As a conditton precedent to CITY'S : i
obligations under this Agreement, CONSULTANT shall fumtsli wntten evidence of such
coverage (naming CITY, its officers and employees as addition�l msureds on tl�e Comprehensive !
Liability insurance policy refeired to in (a) immediately above via a specific endorsement) and ,
requiring thirty (30) days written notice of policy lapse oc cancellat�on, or of a matenal change m �
policy terms.
G. Assignment
Notwitlistanding any other provision of this Ag�eement, ne�ther this Ageement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the ptior written consent of CITY, which CITY may withliold in its
sole and absolute discretion
r. Statc and Federal Taxes
As CONSULTANT is not CI1'1"S employee, CONSULTANT shall be responsible for paying
all required state and federtsl taxes. Without limrtmg the foregoing, CONSULTANT i
acknowledges and ao ees that
• CITY will not witliliold FICA(Soc�al 5ecw•tty) from CONSULTANT'S
payments,
• C[TY will not make state or federal unemptoyment msurance contribuhons on
CONSULTANT'S behalf,
• CITY will not withliold state or federal income tax from payment to '
CONSULTANT,
• CITY will not make disability insurance contributions on behalf of
, CONSULTANT,
• CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT
4835-22G7-0J61v� -4
1AC104706089 �
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the perfonnance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and /or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY tenninates this Agreement due to
CONSULTANT'S default in the perfonnance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
4835- 2267- 0361v1 _5_
LAC104706083
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
4835 - 2267- 0361v1 _6_
LAC104706083
C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. , Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein., and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
4535- 2267 -03610
LAC104706083
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A ", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to ul this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gil[roy, California, on the date and year first above written.
CONSULTANT: CITY:
011in Restorative Justice Practices, LLC. CITY OF GILROY
By.
Name: n o De La Crrv-
Title: Founder
Social Security or Taxpayer
Identification Number 81- 4794615
4835 - 2267- 0361v1 _
LAC104706083 - 8
• ee
Title: Gilroy Police
Approved as to Form
City AttorKey
4835 - 2267 -0361v1 _
LACk04706083 -�
EXHIBIT "A"
SPECIFIC PROVISIONS
PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Orlando De La Cruz, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
11. NOTICE TO PROCEED /COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
"Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Bernice
Aguilera, South County Youth Task Force Coordiantor shall be the designated City contact
person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by
CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this
Exhibit "A ".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this deten-nination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C ".
4835- 2267.0361v1
LAM04706083
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well- organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services fiirnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
4835. 2267- 0361v1 _2
1AC104706083
D. CONFIDENTIALITY OF MATERIAL,
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A ".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and. no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
4835 - 2267.03610 _3 _
LACk04706083
H. NOTICES.
Notices are to be sent as follows:
CITY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: 011in Restorative Justice Practices, LLC
1005 Cherry Ct.
Hollister, CA 95023
I. FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
® If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
DBE Program.
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
2, Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he /she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he /she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or fonnation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
4835 - 2267 -0361v1
LAM04706083
EXHIBIT "B"
SCOPE OF SERVICES
011in Restorative Justice .Practices, LLC will coordinate and provide restorative justice (RJ)
services, to include coaching, counseling and training support to schools, to include
administrators, facility personnel, after school program staff and appropriate parent / commumity
groups, between February 1, 2018 to June 1, 2018; this also includes data collection and analysis,
monthly progress and financial reporting, by the 15t" day of the following month, to the City of
Gilroy. This program is part of the South County One Neighborhood Empowered (ONE)
Project, in an effort to continue California Gang Reduction, Intervention Program (CaIGRIP)
programming after the CaIGRIP grant period. In partnership with the Gilroy Unified School
District, the goal for this contract is to begin building Restorative Justice capacity at the different
schools and with SCYTF partners, support with training and technical assistance, based on their
level of interest and readiness. The Restorative Justice Specialist will hold space and
intentionality for restorative conversations, various circles and the restorative justice process for
4 months of direct service, at a part-time hourly base of 32 hours per week for the duration of the
service (between February 1 to June 1, 2018) for coaching, counseling and training of
educational and SCYTF stakeholders. No additional expenses or fees exist outside of the hourly
rate the CONSULTANT is billing ($35.00 per hour for work to be rendered).
CONSULTANT 011in Restorative Justice Practices, LLC shall:
1. Provide appropriate staffing for 32 hours per week support for RJ Support and Integration at
the following school sites: Eliot and Antonio Del Bono Elementary Schools, Brownell and
Solorsano Middle Schools, and Mount Madonna Community High School; completing necessary
planning and guidance for Restorative Justice circles (to include but not limited to introduction,
value, hann- reduction, community - building and teacher circles and coaching for school
administration);
2. Lead monthly Restorative Justice Leadership Team Meetings on behalf of the South County
Youth Task. Force Technical Team;
3. Partner with the City of Gilroy, the South County Youth Task Force, Gilroy Unified School
District and local community- based / grass -roots organizations to further the efforts of building a
restorative conununity, a culture of self -care and preventing and de- escalating violence in
Gilroy;
4. Have the needed level of flexibility to attend necessary meetings, including impromptu school
administration and climate meetings, SCYTF Technical Team Meetings, and any other meetings
scheduled during the established and agreed upon work week, in order to carry out successful
coordination of services;
5. Monthly Narrative and Statistical Reports and evaluation data analysis, documented invoices
with appropriate supporting documents, including time sheets, calendar of times and locations of
programming and in -kind matches, are due to the City by the 15th day after the end of each
month (please see Exhibit C - Milestone Schedule);
4835- 2267 -0361 v1
LAC104706083
Service Delivery Calendars: To help maximize collaborative efforts with all South County
Youth Task Force services agencies, the Consultant will submit calendars documenting a work
schedule of services to be rendered at each location, including time frames, to the City by the
15`x' of that specific month.
4835.2267.0361v1
LAC104706083
EXHIBIT "C"
MILESTONE SCHEDULE
011in Restorative Justice Practices, LLC is expected to attend regularly scheduled monthly
meetings, complete monthly reports and monthly invoicing.
Meetings to Attend: a. South County Youth Task Force (SCYTF) Technical Team meetings are
scheduled every 4th Wednesday of each month, to discuss initiatives, strategies, timetables and
implementation of mandated services; b. South County ONE Lead Team meetings to review
programming implementation and help troubleshoot any issues that may rise; c. lead monthly
Restorative Justice Leadership (SCYTF Technical Team Subcommittee) Circles, occuring the
second Tuesday of each month; d. and any other climate - related meetings deemed necessary to
review and support school -based restorative justice climate, coaching and training of educational
partners, and meetings to support SCYTF stakeholders partners practicing or utilizing restorative
conversations.
Reports to complete: Monthly progress and financial reporting: South County ONE Units of
Service Workbook Reports and invoices with appropriate supporting documents (back up, data
collection and analysis, and documenting in -kind or cash matches) by the 15th day after the end
of each month, as described in the table below.
Complete 2018 Units of Service Workbook Reports for February - May 31, 2018 with requested
data for each month, to include but are not limited to: a narrative, contracted goals and actual
goals, financial report, demographics report, and any pictures that can document processes or
successes.
Effective performance period and monthly reporting dates:
Months
Reporting Deadline
February 2018 (February 1 - 28, 2018)
March 2018
April 2018
May 2018
4835- 2267- 0361v1
LAC104706083
(March 1 - 31, 2018)
(April 1 - 30, 2018)
(May 1 - 31, 2018)
March 15, 2018
Apri 15, 2018
May 15, 2018
June 15, 2018
EXHIBIT "D"
PAYINIENT SCHEDULE
A. Compensation to CONSULTANT shall be contingent upon successful completion of the
services outlined in EXHIBIT B, SCOPE OF SERVICES. A statement of all professional services
outlined under this AGREEMENT shall be prepared by CONSULTANT and submitted to the City
of Gilroy on or before the fifth (15th) day of the month, following completion of each of the
Services identified in EXHIBIT B. If the services have been completed to the satisfaction of the
City of Gilroy, the CITY shall make payment to the CONSULTANT within thirty (30) business
days after receipt of the statement and verification of back up documentation and approval thereof.
B. The maximum amount of compensation to be paid to CONSULTANT under this
AGREEMENT shall not exceed $ 19,200 for 4 months of direct service, at a part-time hourly base
of 32 hours per week for the duration of the service (between February 1. to June 1, 2018) for
coaching, counseling and training of educational and SCYTF stakeholders. Payment will be based
on actual hours worked with verification of an approved timesheet and monthly reporting, to be
submitted at the time of each invoice. Rate for reimbursement for hours worked will be $35.00 per
hour. This amount includes any direct expenses and fees, including any operational expenses the
CONSULTANT .incurs. No additional expenses will be reimbursed. Any hours worked for which
payment would result in a total exceeding the maximtun amount of compensation set forth herein
shall be at no cost to CITY. This amount designated is to OLLIN Restorative Justice Practices for
one (1) thirty -two hours (32) hours per week Restorative Justice Specialist position between
February 1 to June 1, 2018.
Monthly invoices will be submitted to the CITY by the 15th of the next month, as follows:
Months
February 2018 (February 1 - 28, 2018)
March 2018 (March 1 - 31, 2018)
April 2018 (April 1 - 30, 2018)
May 2018 (May 1 - 31, 2018)
Invoice - Rporting Deadline
March 15, 2018
Apri 15, 2018
May 15, 2018
June 15, 2018
Please allow up 30 business days between submittal of invoice and needed back up for the
processing of payment. Invoices will be returned if necessary back up is not attached and timing of
check processing will be paused.
4835- 2267- 0361v1
LA004706083