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Home My WebLink AboutAgreement - Carry the Vision - 1st Amendment - Signed 2022-02-17 -1- 4845-8215-5540v1 MDOLINGER\04706083 FIRST AMENDMENT TO AGREEMENT FOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Carry the Vision entered into that certain agreement entitled AGREEMENT FOR SERVICES, effective on [2/17/2022], hereinafter referred to as “Original Agreement”; and WHEREAS City and Carry the Vision have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Contract timeline will be extended to July 1, 2022 of the Original Agreement shall be amended to read as follows: The contract will be extended to January 31, 2023. 2. [ARTICLE 4. COMPENSATION, Section A. Consideration and EXHIBIT D, Section B] of the Original Agreement shall be amended to read as follows: ARTICLE 4. COMPENSATION A. Compensation to CONSULTANT Carry the Vision 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 Carry the Vision 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 fourty five (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 $6,320. CONSULTANT to successfully complete the project within the 7 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 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 invoicing will include direct expenses for reimbursement, wages not to exceed 48 hours at the fully burdened hourly rate of $90 maxium (maxium $4,320) and wages not to exceed 16 hours at the fully burdened hourly rate of $125.00 ( maxium $2,000) . Any additional expenses will not be reimbursed by the CITY. Montly invoices and all back up documentation (monhtly RJ calendars, PAR monhtly 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. An exception will be the last monhtly invoice as the City funder requests the final invoice prior to the month's end: DocuSign Envelope ID: D4562F0D-B6E9-47B6-9AE1-25EFF5ADADF8 -2- 4845-8215-5540v1 MDOLINGER\04706083 Months Invoice Deadline July 1-30, 2022 August 10th, 2022 August 1-31, 2022 September 10th, 2022 September 1-30, 2022 October 10th, 2022 October 1- 31, 2022 November 10, 2022 November 1- 28, 2022 December 10, 2022 December 1- 31, 2022 January 10, 2023 January 1-31, 2023 February 10, 2023 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 - Carry the Vision- South County Youth Task Force Total Program Budget: $6,320 -Personnel Costs (Consultant fees) $ 6,320 A. Lead Circle Keeper and Coach for the Restorative Justice Circles $4,320 -Not to exceed six (6) Circles at the fully burdened hourly rate of $90.00 maximum. Each circle and circle preparation or follow-up not to exceed eight (8) hours (to include: coaching, circle, circle preparation, and any follow up work). ($90/hour for 8 hours) x six (6) circles = $4,320 B. Co-Lead Circle Keeper and Coach for the Restorative Justice Circles $2,000 -Not to exceed eight (8) Circles at the fully burdened hourly rate of $125 maximum. Each circle and circle preparation or follow-up not to exceed two (2) hours (to include: coaching, and circle). ($125/hour for 2 hours) x eight (8) circles = $2,000 SUBTOTAL PERSONNEL COST: $ 6,320 DocuSign Envelope ID: D4562F0D-B6E9-47B6-9AE1-25EFF5ADADF8 -3- 4845-8215-5540v1 MDOLINGER\04706083 3. [ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT, Section A. Specific Services EXHIBIT B (Scope of work), and EXHIBIT C (Milestone Schedule)] of the Original Agreement shall be amended to read as follows: Exhibit “B” SCOPE OF WORK CONSULTANT Carry the Vision will coordinate and provide services outlined and reporting data outlined below, necessary for program evaluation, monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Program Narrative Report, Units of Service Workbook (OUS) report and invoicing format, to the City of Gilroy in a timely manner. The Youth Thrive Diversion Program (YTDP) (a.k.a. South County Restorative Justice Youth Diversion Program, a.k.a. Diversion Program) provides an opportunity for youth who engaged in conduct that harms others and themselves to come together with those who have been impacted by the behavior, including victims and community members, to collectively address the harm that occurred at a community level. Th is program is part of the South County THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to reduce juvenile delinquent behaviors, prevent and reduce recruitment of youth into gangs and prevent and reduce youth violence in South Santa Clara County. The service delivery time frame is: July 1, 2022- January 31, 2023. Population to be served: youth that are referred from a South County law enforcement agency whom are under the age of 18 years old at the time of the incident in question, of all genders, and their families. CONSULTANT Carry the Vision shall complete the following services: CONSULTANT will fulfill the South County Restorative Justice Youth Diversion Program’s Restorative Justice Lead Circle Keeper and Co-Lead Circle Keeper contractor (1 Circle Contractor) for a total of fourteen (14) circles during the duration of this Agreement. Circles will include the youth and the youth’s parent(s) / guardian(s) / caregiver(s), and may include victim(s), victim support perso n(s), school or school district representative(s), community member(s), Youth Support Specialist, and the Diversion Program Coordinator (DPC), or any other person that would be appropriate to participate in the Circle. A. The CONSULTANT will be the Lead Circle Keeper for the Restorative Justice Circles that take place as a part of the Diversion Program process for a total of Six (6) Circles. As a Lead Circle Keeper, CONSULTANT will do the following as necessary: i. Circle Keeper and Diversion Program Coordinator (DPC) will work together to identify who would be appropriate participants of a Circle. Circle Keeper will conduct outreach to invite the appropriate participants to the Circle. DPC may assist with this outreach. ii. Circle Keeper will meet with the youth and the youth’s parent(s) / guardian(s) / caregiver(s) in advance of the Circle in order to prepare youth for the Circle. If appropriate, Circle Keeper will meet with the victim and victim’s support person(s), in advance of the Circle in order to prepare the victim for the Circle. Circle Keeper will also follow-up with Circle participants after the completion of the Circle as needed and appropriate. DPC may assist with these preparations and follow-up. iii. Circle Keeper will oversee and facilitate the Circle to fidelity and assist in creating a Restorative Agreement. iv. Circle Keeper will coordinate Circle logistics including, but not limited to, contacting the place where the Circle location will occur and reserving the location space, and ensuring food / snacks DocuSign Envelope ID: D4562F0D-B6E9-47B6-9AE1-25EFF5ADADF8 -4- 4845-8215-5540v1 MDOLINGER\04706083 / water / Personal Protective Equipment (PPE) is available at the Circle location (unless otherwise prohibited). The cost of the facility reservations and the supplies will be provided by the South County Youth Task Force. DPC may assist with these logistical preparations. v. Circle Keeper will provide coaching on Restorative Practices and support for Co-Lead Circle Keeper(s) that are supporting CONSULTANT as the Lead Circle Keeper. B. CONSULATANT will be the Co-Lead Circle Keeper and Coach for the Restorative Justice Circles that take place as a part of the Diversion Program process for a total of eight (8) circles. As a Co-Lead Circle Keeper, CONSULTANT will co-lead the Circle and will not be required to fulfill preparation duties required of a Lead Circle Keeper. Co-Lead Circle Keeper may meet with the Lead Circle Keeper before and/or after the Circle to prepare for, debrief, and/or coach or as the Lead and Co-Lead Circle Keepers deem necessary or appropriate. C. Circle Keeper may be asked to carry-out or assist with duties, not enumerated above, but which are necessary for the successful execution of Circles and which fall within the purview of proper preparation and execution of a Circle and are consistent with Restorative Practices. D. CONSULTANT as a Lead and Co-lead Circle Keeper will keep RJ Circles and RJ Circle Preparations confidential and not discuss a youth’s case or the identity of a youth, victim, witness, or other Circle participants, with anyone other than the Diversion Program Coordinator, a Co-Circle Keeper for the youth’s case (if there is one), RJ Circle Participants (as necessary), and Diversion Program Team Members or individuals from Diversion Program Team Member agencies that need to know in order for the Circle Keeper to appropriately prepare for the Circle or for the youth to successfully complete a RJ Circle, a RA, or the Diversion Program. E: Notwithstanding this confidentiality, Circle Keeper, will comply with California law and any mandatory reporting requirements or recommendations. MILESTONE SCHEDULE Generally, CONSULTANT will participate in one day of two circles a month over the course of 6 months. CONSULTANT will be the Lead Circle Keeper for one of the circles and will be the Co-lead Circle Keeper for the second circle. Situations may arise where both CONSULTANT and DPC may need to adjust the number of Circles CONSULTANT Leads or Co-Leads in a day and in a month, and CONSULTANT and DPC can adjust Lead/Co-Lead roles/schedules based on mutual agreement. CONSULTANT and DPC will also work together to coordinate when CONSULTANT’s two (2) Co- Lead Circles will occur when they are not held the same night as when CONSULTANT is a Lead Circle Keeper. A timeline of scheduled events MAY include, but is not limited to, the following: July 2022 -1 day of 2 Circles: Lead 1 Circle, and Co-Lead 1 Circle -Potentially Co-Lead 1 to 2 Circles August 2022 DocuSign Envelope ID: D4562F0D-B6E9-47B6-9AE1-25EFF5ADADF8 -5- 4845-8215-5540v1 MDOLINGER\04706083 -1 day of 2 Circles: Lead 1 Circle, and Co-Lead 1 Circle -Potentially Co-Lead 1 to 2 Circles September 2022 -1 day of 2 Circles: Lead 1 Circle, and Co-Lead 1 Circle -Potentially Co-Lead 1 to 2 Circles October 2022 -1 day of 2 Circles: Lead 1 Circle, and Co-Lead 1 Circle -Potentially Co-Lead 1 to 2 Circles November 2022 -1 day of 2 Circles: Lead 1 Circle, and Co-Lead 1 Circle -Potentially Co-Lead 1 to 2 Circles December 2022 -1 day of 2 Circles: Lead 1 Circle, and Co-Lead 1 Circle -Potentially Co-Lead 1 to 2 Circles January 2023 - As needed, 1 day of 1 to 2 Circles: Lead 1 Circle, and/or Co-Lead 1 Circle. - As needed, Co-Lead 1 to 2 Circles. 3. This Amendment shall be effective on [ July 1, 2022] 4. Except as expressly modified herein, all the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY [Carry the Vision] By: By: [signature] [signature] [Pedro Espinoza] [Shelley Swan] [Chief of Police, City of Gilroy] [Executive Director] Date: DocuSign Envelope ID: D4562F0D-B6E9-47B6-9AE1-25EFF5ADADF8 6/23/2022 -6- 4845-8215-5540v1 MDOLINGER\04706083 Date: Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: D4562F0D-B6E9-47B6-9AE1-25EFF5ADADF8 6/23/2022