Loading...
HomeMy WebLinkAboutCommunity Solutions - South County One Project coordination and servicesAGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 10 day of Jam, 2018, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Community Solutions, having a principal place of business at 9015 Murray Ave., #100, Gilroy, California. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 08/01/2018 and will continue in effect through 6/30/201 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 -0361 v1 _ 1 LAC104706083 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 full 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 $ 148,000. 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 -03610 LAC104706083 -2- ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; 4835 =2267- 0361v1 _3 LAC104706083 provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the 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 the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold 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 - 2267 -0361 v1 -4- LAC104706083 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 performance 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 terminates this Agreement due to CONSULTANT'S default in the performance 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 -03610 _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 -03610 LAC104706083 -6- 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. 4835 - 2267 -03610 _7_ 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 in 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 Gilroy, California, on the date and year first above written. CONSULTANT: Community Solutions By: Name: Lisa Davis Title: Chief Operational Officer Social Security or Taxpayer Identification Number 23- 7351215 4835 - 2267- 0361v1 LAM04706083 CITY: CITY OF GILROY By: Name: Gabriel Gonzalez Title: City Administrator, City of Gilroy Approved as to Forin City Attorney 4835 - 2267- 0361v1 _9_ LAM04706083 EXHIBIT "A" SPECIFIC PROVISIONS I. 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 Mitchell Koufos, 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. II. 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 AQuilera, South County Youth Task Force Coordiantor and in her absence Sandra Cruz Community 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 determination 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 -0361 v1 -1- LAC104706083 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 furnished 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 -03610 LAM4706083 -2- 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 -0361 v1 _3 _ LAC104706083 H. NOTICES. Notices are to be sent as follows: CITY: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Community Solutions 9015 Murray Ave., #100 Gilroy, ca 95020 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. 1. 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 formation 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 LAC104706083 -4- EXHIBIT "B" SCOPE OF SERVICES CONSULTANT Community Solutions will coordinate and provide services outlined and reporting data outlined below, necessary for program evaluation, monthly progress and quarterly financial reporting Program Activity Report (PAR), "PAR/Invoicing Reporting Document, to the City of Gilroy in a timely matter. This program is part of the South County One Neighborhood Empowered (ONE) Project, funded by the County of Santa Clara. Service delivery time frame: August 1, 2018 - June 30, 2019. CONSULTANT Community Solutions shall: 1. Provide 2 FTEs (Peer Partner at 1 FTE, Case Manager - 0.5 FTE and Intern - 0.5 FTE) to perform roles of Intervention Specialists ( "Peace Keeper ") to complete school -based and after - school, street intervention and outreach and engagement activities that include: • Completion minimum of Six (6) Cultural Program and Life Skills Groups (El Joven Noble, Xinachtli Rites of Passage (12 week session groups) and /or Why Try Life Skills support groups in selected school and community center sites, including one group to be held at Sari Ysidro Community Center); • Conduct late evening pro- social activities, including the facilitation of Two (2) Late Night Gyms weekly programs (one in Gilroy and the second in Morgan Hill) Case Management (Life Coaching) Services of referred youth (a minimum of 14 youth) • Conduct Outreach and Engagement Activities in Gilroy and Morgan Hill hot spots; ten (10) Activities meant to build rapport with youth and introduce youth to community engagement opportunities. the following is a list that includes outreach and engagement activities, but is not limited to: Morgan Hill Vaues, two BBQ's, two Fun in the Park's, three .Party in the Park's, National Night Out and Field trips. 2. Provide Linkage and Referral services between the South County ONE Project and other community assets; 3. Complete Monthly Narrative and Statistical Reports: Monthly Narrative and Quarterly Program Activity Report (PAR) and Quarterly PAR/Invoicing Reporting Document. Invoices must have appropriate supporting documentation, due to the City by the 25th day after the end of each month (please see Exhibit C). a. Project data to be collected: number and type of primary, secondary and tertiary services available as the result of this Program, units of service delivered, client length of participation and completion rates, percentage of goals achieved by individual participants, and numbers of referrals and rate of successful enrollment for service delivery. - 4835 - 2267 -0361 v1 _ 1 LAM04706083 b. Quarterly invoicing will include direct expenses for reimbursement, such as allowable overhead and supervision, direct expenses, i.e. cell phone and mileage reimbursement for positions, wages, supplies, training, costs for pro - social activities and healthy food expenses. Any additional direct expenses will not be reimbursed by the CITY. 4. Must provide a client list (First Initial and Last Initial) that includes the following: i. Name of youth served; ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served; iv. Start date of when youth started receiving services; v. End date of when youth stopped receiving services; vi. ZIP Code of youth served (if available); vii. Ethnicity of youth served (if available); and viii. Hours of service per youth by activity type. 5. Use of Sign -In sheets to track participation, Units of Service Reports, and retrospective surveys to measure program effectiveness, as opposed to intensive case management services by Peace Keeper, which will use case logs, pre /post surveys, plus retrospective surveys , to record participation and service delivery goals. 6. Food to be purchased must satisfy the County's Healthy Foods policy in order to be reimbursed. Copy of County Policy is attached for reference. 7. Will partner with the City of Gilroy, the South County Youth Task Force and local community partners to further the goal of the efforts of building a restorative community and preventing and de- escalating youth violence and anti - social behaviors in South County; 8. Population to be served: Youth served will be between the ages of 10 -18 years of age, all genders, in the following overlapping categories: i. At -risk (At- promising) youth, defined as youth who live in or attend schools in "Hot Spots" low socio- economic areas and have some gang/violence -risk characteristics, ii. High -risk (High- promising) of violence and gang- impact (this category distinguishes from "at -risk" population by generating additional characteristics demonstrating social -risk factors and level of intensity), iii. Youth violence/ gang impacted (Youth exhibiting high -risk behaviors related to gang lifestyles), and /or 4835 - 2267 -0361 v1 _ 2 LACk04706083 iv. Youth who demonstrate to be violence /gang intentional (social circle is integrated into intergenerational gang environment; youth are identified and /or arrested for gang related incidents or acts of gang violence through the justice system. 9. Maintain a written and electronic individualized file for case management services regarding each client, document client's progress within assigned service /program and notify the City of client's progress and /or problems encountered within assigned service /program. 10. Have the needed level of flexibility to attend necessary meetings, including monthly South County ONE Leadership Meetings, SCYTF Technical Team meetings and impromptu climate meetings; and have ability to work weekends for large events and evenings as deemed necessary to carry out successful coordination of project services; staying within a 40 hour work week. 11. Help fundraise to pay for food expenses for Late Night Gym programming, such as applying for small community grants from The Gilroy/ Morgan Hill Rotary Club, The Gilroy/ Morgan Hill Community Foundation, Gilroy Police Foundation, etc. 12. Complete Service Delivery Calendars: To help maximize collaborative efforts with all South County One Neighborhood Empowered (ONE) agencies, the Consultant will submit calendars documenting services being rendered at different time frames, location(s) and service day(s), to the City by the 15th of each month (no need to resend if there are no new changes). 13. Transport of Clients: Transportation can only occur after all necessary insurance(s) have been completed and insurances and waivers meet all necessary insurance guidelines. One -to -one driving is not allowed. Staff and youth in transport must be of the same gender, or there may be another staff member in the car of the opposite gender. This may include City of Gilroy staff. A guardian/parental permission slip must be signed each time a youth enters a Contractor's vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and the two -to -one ratio must be enforced. a. Locations of services will occur at the identified schools, community hubs, hot -spot parks libraries, and other community locations, as deemed appropriate per client need. Contact of client and transportation must follow County and City procedures. 4835- 2267- 0361v1 LAM04706083 -3- EXHIBIT "C" MILESTONE SCHEDULE Management Plan CONSULTANT will utilize 2.0 FTE employees for the program. Our current ONE Case Manager /Peer Partner, Saul Gonzalez, Jr., has years of experience with the target population for this RFP, and is trained and certified in National Compadres Network curriculums, Joven Noble, Xinachtli, Cara y Corazon, and Raising Children with Pride. Upon notification that funding is approved, CONSULTANT will immediately begin recruitment for a 0.5 FTE Case Manager and 0.5 FTE Inter (BSW). Hiring, on- boarding and initial training for new staff usually takes two months for external candidates. Internal hiring can be expedited. ONE staff will be supervised by Mitch Koufos, Clinical Program Manager for ONE, who currently represents our agency on the South County Youth Task Force. Marianne Marafino Johnson oversees the Child and Youth Behavioral Health Division. Staff will receive required core trainings from our in -house Training Academy upon hiring, and will be trained in curriculums we plan to use for ONE as soon as possible if they do not have those credentials. Job duties include case management, outreach and engagement and facilitation/coordination of curriculum -based groups and Late Night Gyms. CONSULTANT will secure group meeting space at school sites as soon as school staff returns from summer break, and at San Ysidro Community Center. The Case Managers will plan Outreach and Engagement activities in August and offer 10 activities to build rapport with all youth involved with ONE throughout the remaining 10 months. Staff will recruit youth to participate in groups at the beginning of the school year on site at middle and high schools. a miniumum of three curriculum -based groups of up to 15 youth will begin in September and continue for 12 weeks, ending before Thanksgiving. An additional minimum of three groups will begin in February and continue for 12 weeks, ending before graduation. Staff will text reminders or make calls to participants prior to group meetings to promote attendance and increase engagement with the youth. Youth will sign -in for each group session. Intake, Assessment and Orientation will occur during first group meeting. Pre /Post tests will be administered at the beginning and end of each 12 -week session and a graduation will be held for youth who complete the program Any youth identified as needing case management or mental health services from the Intake /Assessment will be scheduled for a one -on -one meeting with a case manager and the youth's parents, if appropriate. It is projected that 14 youth will receive case management sessions during the project performance period. Frequency of case management sessions will be determined based on the youth's needs. Case managers will make referrals for mental health services and assist the youth in accessing them if needed. CONSULTANT Case Managers will secure Late Night Gym (LNG) spaces in Morgan Hill and Gilroy upon contract approval. Sessions of LNG will begin in early August, and continue weekly throughout the project performance period with each session staffed by a minimum of 2 staff as 4835 - 2267 -0361 v1 _ 1 LAC104706083 well as volunteers. Participants will sign -in for each LNG session. Presenters and volunteers for Late Night Gym will be contracted and recruited upon contract approval. Timeline of schedule events may include, but not limited to: AUGUST 2018 - Plan and schedule Outreach & Engagement activities; Recruit youth to participate in groups and LNG - Work with schools to implement Cultural Program Groups and referral process Case Management clients referred - Late Night Gym (LNG) sessions begin and continue weekly in Morgan Hill and Gilroy - Outreach & Engagement Activity 1 - Fun in the Park community event and Activity 2/3 - National Night Out booth for youth in all programs in both Morgan Hill and Gilroy - Backpack/School Supplies give -away for youth in all programs - South County Youth Task Force Meeting and Lead Team Meeting for ONE staff SEPTEMBER 2018 - Outreach and Engagement: - Continue to recruit youth to participate in groups and LNG - Three curriculum -based groups are held weekly - one in Morgan hill and two in Gilroy Individual Case Management services provided - Assessment & Orientation during the first group meeting - Pre -test during the first group meeting - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - South County Youth Task Force Meeting and Lead Team Meeting OCTOBER 2018 - Three curriculum -based groups are held weekly - one in Morgan hill and two in Gilroy Individual Case Management services provided 4835 - 2267- 0361v1 _2_ LAC104706083 - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - Outreach and Engagement Activity: Continue recruitement of LNG and assess program needs - South County Youth Task Force Meeting and Lead Team Meeting NOVEMBER 2018 - Three curriculum -based groups are held weekly in Morgan hill and Gilroy - Post- test/Graduation Ceremony Individual Case Management services provided - Late Night Gym sessions held weekly in Morgan Hill and Gilroy with Pot Luck style Thanksgiving Family Event - South County Youth Task Force Meeting and Lead Team Meeting DECEMBER 2018 Individual Case Management services provided - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - Outreach and Engagement Activity 4 - Christmas Event with Fire Department - South County Youth Task Force Meeting and Lead Team Meeting JANUARY 2019 Individual Case Management services provided - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - Outreach and Engagement Activity 5 - Morgan Hill Values Youth Event booth - South County Youth Task Force Meeting and Lead Team Meeting FEBRUARY 2019 Individual Case Management services provided 4835 - 2267- 0361v1 LAC104706083 -3- - Three curriculum -based groups are held weekly in Morgan hill and Gilroy - Assessment & Orientation - Pre -test - Outreach and Engagement Activity 6- Snow week off for BBQ in the park - South County Youth Task Force Meeting and Lead Team Meeting MARCH 2019 Individual Case Management services provided - Outreach and Engagement Activity based on program needs - Three curriculum -based groups are held weekly in Morgan hill and Gilroy - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - South County Youth Task Force Meeting and Lead Team Meeting APRIL 2019 Individual Case Management services provided - Three curriculum -based groups are held weekly in Morgan hill and Gilroy - Post - test /Graduation Ceremony - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - Outreach and Engagement Activity 7 - Spring Break BBQ in the park - Easter egg hunt with ONE families - South County Youth Task Force Meeting and Lead Team Meeting MAY 2019 Individual Case Management services provided - Late Night Gym sessions held weekly in Morgan Hill and Gilroy 4835 - 2267 -03610 LAD04706083 -4- - Outreach and Engagement: Based on program need - South County Youth Task Force Meeting and Lead Team Meeting JUNE 2019 Individual Case Management services provided - Late Night Gym sessions held weekly in Morgan Hill and Gilroy - Outreach and Engagement Activity 89: Fun in the Park community event booth in both Morgan Hill and Gilroy - Activity 10: Summer Field Trip: Beach, Christopher High Aquatic, Bowling and /or Movie - South County Youth Task Force Meeting and Lead Team Meeting 4835 - 2267- 0361v1 _5_ LAC104706083 EXHIBIT "D" PAYMENT SCHEDULE A. Compensation to CONSULTANT Community Solutions 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 Community Solutions and submitted to the City of Gilroy on or before the fifteenth (15th) day of the month, following the billing quarter, 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 approval thereof. - B. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT shall not exceed $ 148,000. CONSULTANT to successfully complete the project within the 11 month period. Quarterly reimbursement will be based on work completed, per budget specifications. C. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. All contract deliverables needed for payment are stated in Exhibit B and include the completion of a quarterly invoice, with relevent direct expenses back up, monthly narrative and statistical reporting to show measurement for successful targeted youth intervention, groups and pro - social activities in pre - designated areas. Monthly invoices and back up will be submitted to the CITY by the 15th of the next month, as follows or the Friday prior to if the 15th falls on a weekend. An exception will be the last quarterly invoice as the City funder requests the final invoice prior to the month's end: Months August 1 - September 30, 2018 October 1 - December 31, 2018 January 1, 2019 - March 30, 2019 *April 1 - June 30, 2019 Invoice Deadline October 15, 2018 January 15, 2018 April 15, 2019 June 25, 2019 For the last invoice, please send invoices by June 25th, 2019. Please allow up 30 business days between submittal of invoice and confirmed back up verification for the processing of payment. Invoices will be returned if necessary back up is not attached and timing of check processing will be paused. D. BUDGET - Please see attached. 4835 - 2267- 0361v1 LAC104706083 CITY OF GILROY SOUTH COUNTY YOUTH TASK FORCE BUDGET AGENCY NAME: PROGRAM: TOTAL PROJECT BUDGET: June 8, 2018 Community Solutions for Children, Families and Individuals One Neighborhood Empowered $148,000.00 I. DIRECT COSTS Total Budget Request A. PERSONNEL Case Manager / Peer Partner - 1 FTE $ 50,679.00 Case Manager - 0.5 FTE 21,869.48 Intern - 0.5 FTE - Payroll Taxes 5,549.96 SUBTOTAL $ 78,098.44 B. FRINGE BENEFITS Medical /Dental /Vision Coverage 38,693.00 403 (b) Contribution 3,627.42 Other (life insurance, etc.) 345.00 SUBTOTAL $ 42,665.42 C. OTHER DIRECT COSTS Professional Fees -Legal & Accounting 550.00 Phone 825.00 Postage & Delivery 55.00 Occupancy Costs (rent, maintenance, utilities) 3,520.00 Liability Insurance 385.00 Office Equipment & Supplies 550.00 Membership Dues 110.00 Mileage Reimbursement 6,187.50 Program Activities Costs: Pro - Social Activities for Schematic Calendar 2018 -19 Year 2,500.00 Late Night Gym Activities ($25.00 /session, 88 sessions) 2,200.00 Graduation Ceremonies ($150.00 /ceremony, 6 ceremonies) 900.00 SUBTOTAL $ 17,782.50 H. INDIRECT COSTS Administrative Fee @ approximately 6.38% of Total Budget 9,453.64 SUBTOTAL 9,453.64 GRAND TOTAL $148,000.00