HomeMy WebLinkAboutEmpowering Our Community - Living Above the Influence Services (2019)AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 25 day of Jam, 2019, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Empowering Our Community, having a principal place of business at 381
-B First Street. Gilroy, California 95020.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 09/01/2019 and will continue in effect through
5/31/2020 unless terminated in accordance with the provisions of Article 7 of this Agreemen .
Any lapse in insurance coverage as required by Article 5, Section D of this Agreeme sl I
tenninate 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,scontrol the manner or determine
the method of accomplishing CONSULTANT'S services.
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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 perfonn 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 $ 99,571.00.
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 perfonnance of
services -for V- , including but -not limited -toil -costs -of -equipment user-pro-vided 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.
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ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perfonn 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 pennitted 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 pennitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold hannless 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;
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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.
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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:
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
terns of this Agreement through the date of the termination notice, as reasonably determined by
proviftecl-that-such_payment_shalLnot-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 performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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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 tennination, 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 terns 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 perforning 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
represent a Ives o eit er.
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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.
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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 snail, 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
perfonnance 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:
Empowering Our Community
By: /�A/�
Name` annv Chavez
Title: Empowering Our Comm itv
Chief Executive Officer
Social Security or Taxpayer
Identification Number 47-2643930
CITY:
CITY OF GILROY
By:
Name: Gabriel Gonzalez
Title: City of Gilroy
City Administrator
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Approved as to Form
City Att
I
�.TTES .
fOAIA
�ty 1
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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 Dori Prado, Director for Living Above the
Influence, 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, Captain
Jason Smith Project THRIVE Director and/or designee 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".
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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
perforinance 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
perfonnance 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 J
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONS L I or -for- any longer period -required by-law—,suffrci-ent-boo 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.
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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, snaps,
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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Captain Jason Smith, Gilroy Police De-partment
Proiect THRIVE Director
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Empowering The Communitv
Dori Prado, Director for Living Above the Influence
PO Box 190
Morgan Hill Ca 95038
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.
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,
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EXHIBIT "B"
SCOPE OF SERVICES
CONSULTANT Empowering the Community will provide Living Above the Influence (LATI)
services, to include after -school, street intervention, outreach, engagement, recruitment,
mentoring, evidence -based curricula and pro -social late night gym services, and will provide
reporting data, necessary for program evaluation, monthly progress and financial reporting
Program Activity Report (PAR), Invoicing Reporting documents, to the City of Gilroy in a
timely matter. This program is part of the South County One Neighborhood Empowered
THRIVE (THRIVE) Project, funded by the County of Santa Clara and the California Violence
Prevention and Intervention Program (Ca1VIP), in an effort to prevent and reduce violence in the
community.
PROGRAM DISCRIPTION
Services/Activities: Empowering The Community (LATI Program) will provide a .625 FTE
Youth Intervention Director who is responsible for program administration but also service
delivery and two part time (.5 FTEs) Youth Intervention Specialists.
The LATI Program aims to work with youth and young adults to prevent gang and or negative
influence and violence in the home and community, address specific behaviors that may
jeopardize a student's ability to attain academic success, high school graduation, and/or job
placement - retention, and help build resiliency and a sense of belonging through the atainment
of pro -social skills, life skills and community services projects. Services will include:
1. Outreach and Engagement Activities — To build rapport with youth within identified Morgan
Hill hot -spots, specifically at and around Galvan Park, Park Place Apartments and Britton
Middle school; to introduce services, opportunities for self -referral, and invitation to participate
in our services/activities (Outreach include face-to-face introductions and 'get -to -know you'
activities after school, if the school allows, during class time, during the evenings, nights and
some weekends); conduct engagement during late evening -pro -social activities; to include three
(3) large-scale community events meant to build rapport with youth and introduce youth to
community engagement opportunities.
2. Secondary Crisis Response and Intervention — To assist SCYTF Morgan Hill partners
maintain safety and provide interventions (one -on one or in a group setting) to youth referred by
SCYTF and school personnel and by self -referral.
3. Pro -Social Activites - To support youth identified by Youth Intervention Specialists though
outreach and engagement, with pro -social activities and organized sports, such as once (1) a
week Late Night Gym and possible outings that encourage a healthy lifestyle and relationship -
building with positive adult role models.
4. Chill Out Circle - To provide a Circle per week (types may include relationship building,
introduction circles, healing, trauma -informed, prevention and intervetion workshops) using j
evidence -based practices and curricula (such as El Joven Noble, Xinachtli curricula or other
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evidence -informed curriculum) for youth identified by Youth Engagement Specialist that have a
desire for additional support and are in need of a safe space.
5. Location(s) of Services: The targeted service areas will include Morgan Hill hot -spots,
specifically at and around Galvan Park, Park Place Apartments and outreach to Britton Middle
School. Other locations will include schools based on Youth Specialist's experience with youth
as well as at the direction of the South County Youth Task Force and the City of Morgan Hill
and City of Gilroy.
6. Timeframe: Services to be conducted between September 1, 2019 to May 31, 2020 with the
last monthly reporting and invoicing due by June 15, 2020.
• Services provided weeekly with hours TBD as mutually agreed upon.
• Consultant will provide two .5 FTE Youth Intervention Specialists.
• Consultant will work with families and clients in the community through outreach and
enagement and work into schools for continued support.
7. Target Population: For the purposes of this Agreement, targeted students include
disadvantaged middle school and high school students as well as young adults that reside in
high -risk neighborhoods impacted by gangs, drugs and poverty, those on probation, and/or those
that have gang memberships in South County, ages 10-24, all genders. Below are the possible
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
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).
8. Numbers to be Served: Consultant will provide Outreach, Engagement, After -School,
Recruiment, Mentoring, Pro Social and Intervention Services to 20+ unduplicated youth during
the contracted period and make 1000+ unduplicated contacts with youth and young adults in the
community.
9. Provide Linkage and Referrals for the South County THRIVE project services, Empowerinent
to Community and LATI services, and other services within the community with the goal of
supporting youth; j
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10. Complete Monthly Narrative and Statistical Reports: Program Activity Report (PAR) and
PAR/Invoicing Reporting Document. Invoices must have appropriate supporting documentation,
including calendar of times and locations of programming and in -kind matches, due to the City
by the 15th 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.
11. Must provide a client list that includes the following (all part of the PAR workbook):
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.
12. Use sign -in sheets to track participation, Units of Service Reports, and retrospective surveys
(for circles and pro -social activities) to measure program effectiveness, as opposed to intensive
case management services by Intervention Staff, which will use case logs, pre/post surveys, plus
retrospective surveys , to record participation and service delivery goals.
13. Monthly or Quarterly invoicing will include direct expenses for reimbursement, such as
allowable overhead and supervision, expenses such as cell phone and mileage reimbursement for
Intervention Specialist, hourly wages, supplies, training, costs for pro -social activities and
healthy food expenses. Any additional direct expenses will not be reimbursed by the CITY.
14. Will partner with the City of Gilroy, the South County Youth Task Force and other 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 Gilroy;
15. Have the needed level of flexibility to attend necessary meetings, including impromptu
climate meetings, work some weekends for large events, evenings, etc. in order to carry out
successful coordination of project services;
16. Transport of Clients: Transportation can only occur after all necessary insurance has been
completed and meet all necessary insurance guidelines. One-to-one driving is not allowed. Staff
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and youth in transport must be of the same gender, or there may be another staff member in the
car of the opposite gender. A guardian/parental permission slip must be signed each time a
youth enters a Contractor's vehicle. If transportation occurs under life coaching all intake
paperwork must be up to date and the two -to -one ratio must be enforced.
17. Any fees for reservation of eligible facilities for programming with City of Morgan Hill or
available city facilities for parent groups, family groups and circulos, will be provided in kind by
the CITY.
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EXHIBIT "C"
MILESTONE SCHEDULE
CONSULTANT Empowerment to Community's Living Above the Influence staff is expected to
attend regularly scheduled monthly meetings and complete monthly and quarterly reports and
invoicing.
Meetings to Attend: South County Youth Task Force (SCYTF) Policy Team meetings (as per
invitation) and monthly SCYTF Technical Team meetings, occurring every 4th Wednesday of
each month, to discuss initiatives, strategies, timetables and implementation of mandated
services. Attend monthly South County THRIVE Lead Team meetings and other climate -related
meetings to review school and community climate with partners.
Reports to complete: Monthly Program Activity Report (PAR) and PAR/Invoicing Reporting
Document with appropriate supporting documents (back up and documenting in -kind or cash
matches) by the fifteenth (151h) day after the end of each month, as described in the table below,
with the exception of March - June 2020 reports and invoices. Due to fiscal year end, that
invoice will be due on June 15, 2020. Last invoices must be submitted by June 15, 2020.
Complete 2019/2020 Monthly Program Activity Report (PAR) with requested data for each
month, include but are not limited to: a narrative, contracted goals and actual goals, financial
report, demographics report, and any pictures that can document successes.
Effective performance period and monthly reporting dates:
Months Reporting Milestone
September 2019 (September 1- September 30, 2019)
October 2019 (October 1- October 31, 2019)
November 2019 (November 1- November 30, 2019)
December 2019 (December 1- December 31, 2019)
January 2020 (January 1- January 31, 2020)
February 2020 (February 1- February 29, 2020)
March 2020 (March 1- March 31, 2020)
Deadline
October 15, 2019
November 15, 2019
December 15, 2019
January 15, 2020
February 15, 2020
March 15, 2020
April 15, 2020
April 2020 (April 1- April 30, 2020) May 15, 2019
May 2020 (May 1- May 31, 2020) June 15, 2019
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EXHIBIT "D"
PAYMENT SCHEDULE
A. Compensation to CONSULTANT Empowering the Community 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 Empowering the Community and submitted to the City of Gilroy on or before the
fifteenth (15th) day of the month, following the billing quarter, with the exception of the month of
June, which final invoices must be in by June 15, 2020, 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 $ 99,571.00, following the budget provided below.
CONSULTANT to successfully complete the project, program operating expenses, and
administrative overhead (not to exceed 10% of expenditures).
Total project services are billed following the budget below. 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 monthly invoice, with relevent direct expenses back up, monthly PAR
reports to show measurement for successful targeted youth interventio and pro -social activities in
pre -designated areas.
Budget: Ca1VIP Program Budget (Based upon 9 months of services)
Expense Amount Match
Program Personnel
Youth Intervention Coordinator - .0625 FTE $51,310
Operations Manager (0.025 PTE) 0 $2,500
Youth Engagement Specialist - .5 FTE $15,895
Youth Engagement Specialist - .5 FTE $11,855
Program Reporting Manager (0.05 PTE) 0 $3,392
TotalPer1. 79;060 $��92
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Program Operating Expenses
Expenses
Amount
Match
Office Supplies/Tablet
$0
300
Communication
$0
$150
Printing
$0
$250
Training
$200
$500
Transportation
$ 5 62
$1200
Program Supplies
$4,093
$ 1500
Total Operating Costs $4,855 $3,900
Program Overhead:
Administrative /Over Head $5,864
Total Overhead: $5,864
TOTAL Personnel Costs
$79,060 Match $5,892
TOTAL Operating Costs
$4,855 Match $3,900
TOTAL Overhead Cost
$5,864
Total Program Costs
$89,779 Match $9,792
TOTAL PRO_GRA- M_ _EXP_ENSES
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Quarterly invoices and back up will be submitted to the CITY by the 15th of the next month,
as follows, with the exception of March - June 2020 invoices, which are due by June 15, 2020:
Months
Reporting Milestone
Deadline
September 2019
(September 1- September 30, 2019)
October 15, 2019
October 2019
(October 1- October 31, 2019)
November 15, 2019
November 2019
(November 1- November 30, 2019)
December 15, 2019
December 2019
(December 1- December 31, 2019)
January 15, 2020
January 2020
(January 1- January 31, 2020)
February 15, 2020
February 2020
(February 1- February 29, 2020)
March 15, 2020
March 2020
(March 1- March 31, 2020)
April 15, 2020
April 2019
(April 1- April 30, 2019)
May 15, 2019
May 2019
(May 1- May 31, 2019)
June 15, 2019
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.
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