HomeMy WebLinkAboutAgreement - ConXion to Community (ConXion) - Perform Youth Outreach, Engagement Services, Programs to Support SCYTF Youth Violence Prevention - Signed 2022-04-15City of Gilroy
Agreement/Contract Tracking
Today’s Date:
May 26, 2022 Your Name: Trish Vigil
Contract
Type:
Services over $5k - Consultant Phone Number: 316
Contract Effective Date:
(Date contract goes into effect)
4/15/2022
Contract Expiration Date: 8/31/2022
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
ConXion to Community
Contract Subject:
(no more than 100 characters)
Perform youth outreach, engagement services, programs to support
SCYTF youth violence prevention
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
30,000
By submitting this form, I confirm
this information is complete:
Date of Contract
Contractor/Consultant name and complete address
Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
Taxpayer ID or Social Security # and Contractors License # if
applicable
Contractor/Consultant signer’s name and title
City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 15 day of April, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: ConXion to Community (ConXion), having a principal place of business at
749 Story Road, Ste. 10, San Jose, CA 95122 .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 4/15/2022 and will continue in effect through 8/31/2022
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.
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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 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 $ 30,000.
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.
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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, liabili ties 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; provided however,
Professional Liability Insurance written on a claims made basis must comply with the requirements
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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 a nd 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 hav e 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
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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 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 d one
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.
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
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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 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: CITY:
ConXión to Community (ConXión) CITY OF GILROY
By: By:
Name: Lori Ramos Chavez Name: Pedro Espinoza
Title: ConXión to Community
Senior Vice President
Title: City of Gilroy
Chief of Police
Social Security or Taxpayer
Identification Number 94-2400381
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Approved as to Form ATTEST:
City Attorney City Clerk
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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 Cuauhcihuatl Trinidad, Director of
Programs, 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, Sandra Cruz,
SCYTF Coordinator 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
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.
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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, 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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Sandra Cruz, South County Youth Task Force
Coordinator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: ConXión to Community
Lori Ramos Chavez, Senior Vice President
749 Story Road, Suite 10
San Jose, CA 95122
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, brokerage fee, gift or
contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
CONSULTANT ConXión to Community (ConXión) will coordinate and provide services,
outlined and specified in reporting data outlined below, necessary for program evaluation: ie.
monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Units
of Service Workbook (OUS) report and invoicing format; as well as ongoing program
improvement, to the City of Gilroy in a timely matter. This program is part of the South County
THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort
to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into
gangs and prevent/ reduce youth violence in South Santa Clara County. Service delivery time
frame: April 15, 2022 to August 31, 2022.
CONSULTANT ConXión) shall complete the following services:
Services/Activities: ConXión will provide a .05 FTE, Youth Engagement Specialist, for the City
of Gilroy’s Youth THRIVE Project. The Youth THRIVE Project works with youth to address
specific behaviors that may jeopardize a youth’s ability to attend school, interactions with Police,
and to help build resiliency and pro-social skills at home, school and in the community.
Services will include:
1. Outreach and Engagement Activities – To build rapport with youth at parks identified as hot-
spots (east and south Gilroy) 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, conduct outreach support during late evening-pro-social activities, including Friday
evenings at San Ysidro Park
2. Pro-Social Activities - To support youth identified by Youth Intervention Specialist though
outreach and engagement, with pro-social activities and organized sports, such as weekly Late
Night Gym at San Ysidro Park and possible outings that encourage a healthy lifestyle and
encourage contact and relationship-building with positive adult role models.
3. Short-term case management – To provide one-on-one life coaching to youth identified in crisis
and needing severe assistance or to youth identified by Youth engagement Specialist in which
greater impact can be obtained due to youth’s desire for additional support and rapport between
ConXión and youth.
4. Circles - To provide Circles (types may include relationship building, introduction circles,
healing, trauma-informed) using evidence-based practices and curricula for youth identified by
Youth Engagement Specialist that have a desire for additional support and rapport between
ConXión and youth and are in need of a safe space.
5. Location(s) of Services: The targeted service areas will include parks located in east and south
Gilroy as well as at the direction of the South County Youth Task Force and the City of Gilroy.
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6. Timeframe: April 15, 2022 through August 31, 2022
• Services provided Monday-Thursday from 8:00am-12noon and Fridays from 5:00pm-
9:00pm. There will be two Sundays per month for an additional 4-8 hours per Sunday.
• Work with youth and their family when additional support is needed.
7. Target Population: For the purposes of this Agreement, targeted youth include disadvantaged
middle school, high school youth 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 12-24, 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: 100 unduplicated youth during the contracted period.
9. Method of Referral: Youth may be referred by Youth Engagement Specialist, SCYTF, schools,
parents or other partners.
10. Provide one .5 FTE for services with the needed level of flexibility to attend necessary
meetings, including impromptu climate meetings if climate deems necessary and with the
possibility of working evenings, in order to carry out successful coordination of project services;
11. Youth Engagement Specialist will provide linkage and referrals for the South County THRIVE
project services, ConXión services, and other needed services within the Gilroy community with
the goal of supporting youth;
12. 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 10th day after the end of each month.
• 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
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completion rates, percentage of goals achieved by individual participants, and numbers of referrals
and rate of successful enrollment for service delivery.
13. 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.
14. Use 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
Intervention Staff, which will use case logs, pre/post surveys, plus retrospective surveys, to record
participation and service delivery goals.
15. Monthly 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.
16. 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;
17. Maintain a written and electronic individualized file on each client for case management
services, document client's progress within assigned service/program and notify the City of Gilroy
client's progress and/or problems encountered within assigned service/program.
18. Complete Service Delivery Calendars: To help maximize collaborative efforts with all
THRIVE agencies, ConXión will submit calendars documenting services being rendered at
different time frames, location and service day, to the City by the 10th of each month (no need to
resend if there are no new changes).
18. Transport of Youth: 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
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
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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.
• Locations of services will occur at the identified schools, community hubs, hot-spot parks
and libraries. Contact of youth and transportation must follow County and City procedures.
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EXHIBIT “C”
MILESTONE SCHEDULE
Management Plan
CONSULTANT’s mission is to: We seek to enhance the value each person has in a community
that nurtures success and fosters social equity. Opening doors to create new opportunities through
culturally competent education, workforce development and social services so collectively we can
create a better community.
ConXionn will proviede services as specified in this contract on Mondays-Fridays.With There will
be two Sundays per month.
Lori Ramos Chavez, Senior Vice-President for ConXion will be completing the reports on a
monthly basis.
Luis Vasquez, Youth Engagement Specialist, has over 13 years of experience in working with
youth. Mr. Vasquez has strong knowledge of, and established relationships with a wide range of
resource referral agencies throughout the Santa Clara County. He will identify other types of
assistance that may be needed by participants, including transportation, uniforms or tools required
for employment, and child care. Mr. Vasquez will be delivering the direct services for this contract.
All leadership and administrative questions should be directed to Lori Ramos Chavez for this
contract.
Timeline of schedule events may include, but not limited to:
April 2022
- Outreach and Engagement during Spring Break, be part of the planning for Party in the Park and
Dia del Nino.
- Easter egg hunt with THRIVE families/clients
- SCYTF Technical Team Meeting, MDT
May 2022
- Outreach and Engagement
- SCYTF Technical Team Meeting, MDT,
-Summer programming planning
June 2022
- Summer pro-social programming
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-Outreach and Engagement
- SCYTF Technical Team Meeting, MDT
- Support with SCYTF pro-social programming
July 2022
- Summer pro-social programming
-Outreach and Engagement
- SCYTF Technical Team Meeting, MDT
August 2022
- Summer pro-social programming
-Outreach and Engagement
- SCYTF Technical Team Meeting, MDT
- Support with SCYTF pro-social programming
- Support with SCYTF pro-social programming Outreach and Engagement: Fun in the Park
community event planning and booth in both Morgan Hill and Gilroy. Field Trip ideas: Gilroy
Gardens, local hikes, Christopher High Aquatic, Bowling and/or Movie.
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EXHIBIT “D”
PAYMENT SCHEDULE
EXHIBIT “D”
PAYMENT SCHEDULE
A. Compensation to CONSULTANT ConXion 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
ConXion and submitted to the City of Gilroy on or before the 10th day of the month, following the
billing month, following completion of each of the Services identified in EXHIBIT B. If the services
have been completed to the satisfaction of the City of Gilroy, the CITY shall make payment to the
CONSULTANT within thirty (45) 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 $30,000 CONSULTANT to successfully complete the project within
the 4.50 month period. 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 monthly 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 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.
Montly invoices and all back up documentation (monthly calendars, PAR monthly report, staff
timesheets, agency invoice, OUS workbook, and Narrative report) will be submitted to the CITY by
the 10th day of the next month, as follows or the Friday prior to, if the 10th falls on a weekend, the
invoice is due the following Monday, no later than 12:00 PM. An excepti on will be the last monthly
invoice as the City funder requests the final invoice prior to the month's end:
Months Deadline
April 15-30, 2022 May 10, 2022
May 1- 31 2022 June 10, 2022
June 1-30 2022 June 24, 2022
July 1-31, 2022 ________________________________ August 10, 2022
August 1-30, 2022 ___________________________ September 10, 2022
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Please allow up 45 business days between submittal of invoice and confirmed back up
verification for the processing of payment. Back up includes but it not limited to any of the following:
timecard for program coordinator, sign in sheets for services and programs sponsored by this
agreement, fliers and brochures, pictures for program activities, meeting agendas and notes, and any
other documentation related to the any of the diversion program activities. Invoices will be returned
if necessary back up is not attached and timing of check processing will be paused.
D. BUDGET - ConXion- South County Youth Task Force
Budget: Youth THRIVE Project (Based upon 4.50 months of services)
Contractor: Center for Training & Careers (CTC)
Budget Proposal FY 2022
City of Gilroy- HOMEBOY HOMEGIRL CONNECT
Contract Number:
Proposed budget 05/01/2022 - 08/31/22 FTE
I. DIRECT COSTS Amount
A. PERSONNEL
Program Director Lori Chavez .12 $ 4,500.00
Youth Engagement Specialist Luis Vasquez 1.00 $ 11,400.00
Fringe Benefits @28% $ 4,452.00
SUBTOTAL $ 20,352.00
B. OTHER DIRECT COSTS
Travel/Transportation $ 500.00
Office supplies $ 100.00
Commnications $ 200.00
Activity Costs $ 2,000.00
Outreach $ 685.00
Facilities/ Utilities $ 1,700.00
Accounting and audit $ 550.00
SUBTOTAL $ 5,735.00
II. INDIRECT COSTS
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Indirect costs 15%: $ 3,913.00
SUBTOTAL $ 3,913.00
TOTAL $ 30,000
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