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HomeMy WebLinkAboutAGENDA REPORT 1992 0826 CC SPC ITEM 05D a F I1ITEM • QPP < ` F° =1. MOORPARK o9`7Artv 0 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 q TEO JV ORPARK, City Council Mee ng cii h'';,c„ 7 of / 199 - of 199 2 ACTION: -49; . A .�I ACTION:r Q / . 7 � /� 8:47 iZ By,•rimar /./„. / Ki BY,� _ _ ice, MEMORANDUM TO: Honorable City Council FROM: Mary K. Lindley, Assistant to the City Managers DATE: August 11, 1992 SUBJECT: Consider Agreement between the City, El Concilio, and the Moorpark Unified School District for Youth Program Summary At the direction of the City Council, staff is in the process of completing contract language for the agreements between the City, El Concilio, and MUSD for a youth activity and cultural awareness program. Council is being requested to approve the agreements, subject to final language approval by the City Attorney and the City Manager. Background On July 15, 1992 , Council approved the Council Committee on At Risk Youth's proposal for a program to target "at risk" youth. At that time staff was directed to develop a agreements with MUSD and El Concilio. The agreements are being reviewed by the City Attorney and the other parties and are expected to undergo minor language changes. The main thrust of the agreements are as follows: • Two year financial and related commitments by all parties. • A description of the services and participation levels. PAUL W LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M PEREZ ROY E.TALLEY JR. Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Printed On Recycled Paper r 7 At Risk Youth Program Agreement August 11, 1992 Page 2 • A description of the referral process which includes a description of eligibility requirements for the program and the roles of each participating agency is making referrals. The City proposes that all three parties must concur on the eligibility of participants. • Reporting and record requirements. • A monitoring, follow-up and evaluation process. The goal is to implement this program with the start of the new school year. To accomplish this, staff is requesting Council approval now, pending final language changes. A meeting is scheduled with the MUSD and El Concilio on Monday, August 17. It is anticipated that all portions of the agreement, including which agency will contract with El Concilio, will be worked out at that time with a supplemental report provided to Council on August 18. Recommendation Staff recommends that Council approve the agreement subject to final language approval by the City Attorney and City Manager. 7 Y • PPPPµ. ca� MOORPARK % 2167, 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 %04 rEo � MEMORANDUM TO: Honorable City Council FROM: Mary K. Lindley, Assistant to the City Manager' \ DATE: August 18, 1992 SUBJECT: Contract for "At Risk" Youth Program Attached is a copy of the proposed agreement between the City, MUSD, and El Concilio for Council review and comment. The parties to the agreement met on Monday to address administrative and program issues. This item is on the Council's August 19, 1992 , agenda for Council approval. The agreement is scheduled for a final review by the City Manager and the City Attorney which may result in language changes. c: Steven Kueny, City Manager PAUL W LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M PEREZ ROY E.TALLEY JR Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Panted On Recycled Paper T Y ec reG ►nT THIS AGREEMENT, made and entered into this day of 19 by and between the City of Moorpark, hereto referred to as CITY, Moorpark Unified School District, hereto referred to as DISTRICT, State of California, and Concilio del Condado de Ventura, a California Non Profit Agency, hereto referred to as CONTRACTOR. WITNESSETH Whereas, the City Council and the Moorpark Unified School District have expressed their commitment to providing alternative programs for "at risk youth" in an effort to promote self-esteem and deter gang activity. Whereas, the City has committed $40,00 over a two year period and MUSD has committed $8,000 in cash and n-kind use of a facility for the first year with a commitment to provide additional monitary funding in the second year, for a youth program targeted to "at risk youth" . Whereas each party has agreed to work cooperatively together for a common purpose, and to that end, committed financial and in- kind resources for at least a two year period for a youth program targeted to "at risk" youth. Whereas, the City Council and MUSD Board have received and approved El Concilio's proposal for "Project Pride" , and El Concilio has the demonstrated through past experience that it has the qualifications necessary to implement and coordinate "Project Pride" and its ability to secure grant funds to assist with the financial support of "Project Pride". NOW, THEREFORE, in consideration of the mutual convents, benefits and premises herein stated, the parties hereto agree as follows: I. Purpose The purpose of this agreement is for the to provide for an "at risk" youth program hereafter referred to as Project Pride. II. Term This contract shall be a term beginning September 14, 1992 and ending August 30, 1994, subject to the approval of each party, subject to the termination provision provided herein. III. Description of Services A full description of this service is attached to this Agreement hereto as Exhibit "A" and incorporated herein by reference. IV. Administration The administration of the activities called for in this agreement is delegated to DISTRICT for the first year and the City for the second year. The agency delegated as Administrator shall provide accounting services for all payments and receipts required by the terms of this agreement, and shall be responsible for the safekeeping of all funds paid by or to the parties of this Agreement. CITY and DISTRICT shall each designate a representative responsible for overseeing the implementation and coorindation of this Agreement. V. Compensation The amount of full monitary compensation to CONTRACTOR for said services outlined in Exhibit "A" shall not exceed $28,000 in fiscal year 1992/93 , the CITY $20, 000 and the DISTRICT $8,000. CITY and DISTRICT agree to pay the first month installment in advance. Thereafter, CONTRACTOR shall be paid in equal monthly installments of $2 , 333 per month upon submission of a completed and signed invoice for the previous month's services. CONTRACTOR shall be paid within thirty ( 30) days following the receipt of invoice the amount claimed unless the CITY and DISTRICT determine that the amount claimed is not in accordance with the provisions of this contract. All claims for services rendered during the term of this contract shall be submitted to the Administrator monthly by the tenth working day for the following month unless otherwise specified. VI. Breach of Contract CITY and DISTRICT may immediately suspend or terminate this Agreement in whole or part where in the determination of the CITY and DISTRICT there is: 1 . A threat to the health and safety of the clients; and/or 2. Any use of funds not specified as part of this contract or without prior CITY and DISTRICT approval . -2- VII. Terminationry� Any Jtthe parties may terminate this Agreement, without cause, upon thirty (30) days written notice served upon the other parties. Notice shall be deemed to have been served on the date certified mail is signed or personal delivery made to the other parties. After receipt of the Notice of Termination, CONTRACTOR shall: 1. Continue to provide the same level of service as previously required under the terms of this Agreement until the date of termination; 2. If appropriate, assist CITY and DISTRICT in affecting the transfer of clients in a manner consistent with the best interest of the clients' welfare. IIX. General Conditions A. City and DISTRICT shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by CONTRACTOR. B. CONTRACTOR is and shall at all times remain as to the CITY and DISTRICT a wholly independent contractor. Neither the CITY and DISTRICT nor any of their officers, employees, servants or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR officer, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the CITY and DISTRICT. C. At the time of 1) termination of this agreement or 2) conclusion of all work; all original documents, designs, drawings, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by CONTRACTOR or their subcontractor(s) or obtained in the course of providing the services to be performed pursuant to this agreement shall become the sole property of the CITY and DISTRICT and shall be provided to the Administrator. D. CONTRACTOR shall hold harmless, indemnify and defend the CITY and DISTRICT and their officers, employees, servants and agents serving as independent contractors from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to -3- , . death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of CONTRACTOR or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of the CITY and DISTRICT or any of its officers, employees, servants or agents. The CITY and DISTRICT does not, and shall not, waive any rights that they may have against CONTRACTOR by reason of Paragraph E hereof, because of the acceptance by the CITY and DISTRICT, or the deposit with the CITY and DISTRICT, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. E. CONTRACTOR shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this agreement that policies of insurance required by this paragraph and shall furnish to CITY and DISTRICT certificates of said insurance on or before the commencement of the term of this agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1 . Name the CITY and DISTRICT and their officers, employees, servants and agents serving as independent contractors as additional insured with CONTRACTOR. 2. Insure the CITY and DISTRICT and their officers, employees, and agents while acting in the scope of their duties under this agreement against all claims, demands, ,damages, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this agreement by CONTRACTOR or the CITY and DISTRICT. 3. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, the CITY and DISTRICT shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. CONTRACTOR shall give CITY and DISTRICT thirty (30) days written notice prior -4- to the expiration of such policy. 4. Be written on an Occurrence Basis. F. Consistent with the provisions of Paragraph E, CONTRACTOR shall provide general public liability including automobile liability and property damage insurance in an amount not less than One Million dollars ($1,000,000.00) per occurrence and annual aggregate. G. Consistent with the provisions of Paragraph E, CONTRACTOR shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by CONTRACTOR in work under this agreement is not protected by the workers' compensation law, CONTRACTOR shall provide adequate insurance for the protection of such employees to the satisfaction of the CITY and DISTRICT. H. CONTRACTOR shall not assign this agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that CONTRACTOR is uniquely qualified to perform the services provided for in this agreement. I. The Proposal submitted by CONTRACTOR dated May 20, 1992 (Exhibit "B") is hereby incorporated into this Agreement. Where description of service is modified by this Agreement, the language contained in the Agreement shall take precedence. K. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: CITY City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager DISTRICT Moorpark Unified School District 30 Flory Avenue Moorpark, CA 93021 Attn: District Superintendent CONTRACTOR El Concilio del Condado de Ventura 625 N. "A" Street, 2nd Floor -5- Oxnard, CA 93030 Attn: Marcos Vargas, Executive Director Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. L. Nothing contained in this agreement shall be deemed, construed or represented by the CITY and DISTRICT or CONTRACTOR or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the CITY and DISTRICT and CONTRACTOR. M. This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. N. Should interpretation of this agreement, or any portion thereof, be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the agreement or caused it to be prepared. O. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. P. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. Q. Cases involving a dispute between the CITY and DISTRICT -6- and CONTRACTOR may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. R. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. S. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. CITY OF MOORPARK: Steven Kueny, City Manager MOORPARK UNIFIED SCHOOL DISTRICT: Thomas Duffy, District Superintendent CONTRACTOR El Concilio del Condado de Ventura Marcos Vargas, Executive Director -7- Description of Services PROJECT PRIDE Program Activities 1) Provide academic tutorial services to 30 students grades 4-8. Two hour per day, two days per week per each student. 2) Provide academic study team sessions to 30 students grades 9-12. Two hours per day, two days per week. 3) Offer participants an opportunity to participate in Friday Cultural Enrichment activities two hours per week. 4) Coordinate 2, two day personal growth experience camp- outs for no less than 25 "at risk" Junior High and high school youth during July and August. 5) Include 25 "at risk" Moorpark youth as participants in the El Concilio/CSON Spring Youth Leadership Conference. (March 1993) 6) Provide bi-monthly parenting skills training workshops with no less than 50% participating from the parents of youth participating in Project Pride. The workshops will also be open to all interested parents and individuals residing within the City. 7) Provide individual and family needs assessments and information and referral services for all participants and their families, as needed or upon request. (on-going) 8) Conduct two forums throughout the year to receive input from the community regarding the effectiveness of the program and to determine future needs. 9) Develop opportunities for CITY and its law enforcement staff to participate in program activities. Referral Process 1) Each potential participant shall be referred to "Project Pride" by either the CITY or MUSD. Referrals shall be based on the following, including but not limited to: -8- home environment, lack of academic achievement, poor school attendance, personal and family member contact with law enforcement. 2) An Assessment Team will be used to review program referral to determine eligibility. The Assessment Team will be comprised of the program's Master Teacher and a designated staffperson from CITY, MUSD, and EL CONCILIO. 3) El Concilio will be required to preform an assessment on each program participant to determine an individual Action Plan. The action plan will identify each participants needs and level of program participation. 4) CITY and MUSD reserves the right to review the referral and review the referral procedures used by El Concilio to ensure that the intent of the program is maintained. . Reporting Requirements 1) Maintain records on each participant which include source of referral, age, school grade, sex, ethnic background, initial assessment, number of referrals provided, and a plan of action. Participant information shall be maintained utilizing forms approved by CITY and MUSD. 2) Maintain attendance records which identify now many youth participated on a given day for any official program activity. 3) Maintain records documenting the provision of services to include staff hours by program activity. 4) Maintain complete financial records that clearly reflect the cost of service in accordance with generally accepted accounting principles. 5) Submit quarterly reports to CITY and MUSD which include an unduplicated count of participates, monthly participation count, breakdown of referral source, characteristics of participants, program activities, and the number of participants who drop out or are "graduated out" of the program. Monitoring and Evaluation 1) CONTRACTOR shall permit CITY and MUSD to monitor and audit all work performed under this agreement. 2) CONTRACTOR shall perform a follow-up on each participant by contacting the referral source to determine the status of each individual. The follow up contact should -9- address, but not limited to, improvement in behavior and academic grades, increase school attendance, and decreased contact with law enforcement. 3) EL CONCILIO shall develop an evaluation process by January, 1993, for the approval of CITY and MUSD. The evaluation shall include, but not limited to, program participation, participant follow-up, community feedback, school attendance, academic grades, and law enforcement contact. 4) EL CONCILIO shall conduct a six (6) month informal evaluation which will focus on the effectiveness of the assessment and referral process and program elements. A formal written evaluation shall be conducted annually, upon twelve (12) months completion of the program. -10-