HomeMy WebLinkAboutCC RESO 13,570RESOLUTION 13,570
RESOLUTION AUTHORIZING EXECUTION OF THE
1981-82 NCPD YOUTH DIVERSION PROGRAM
CONTRACT BETWEEN THE CITY OF NATIONAL
CITY AND SAN DIEGO COUNTY BOARD OF SUPER-
VISORS
WHEREAS, National City Police Department has a
Juvenile Diversion Program in operation since November, 1979,
funded by a State grant from AB 90 Funds and established to
impact positively the growing juvenile delinquency problem;
and
WHEREAS, the people of our community benefit from
the program which is designed to: (1) reduce the recidivism
rate for juveniles and future adult crimes through an aggres-
sive juvenile diversion program; (2) significantly reduce gang-
related violence through timely intervention; (3) reduce day-
time burglaries during school hours by 10% through an effec-
tive truancy enforcement program; (4) investigate and counsel
families where children are being abused or neglected; and (5)
educate youth on the criminal justice system and laws through
on -campus classromm presentations, and
WHEREAS, prior contracts provided funding for the
salaries of two counselors, and two police detectives, and the
1981-82 contract will provide funding for two counselors and
two uniform police officers (working full-time to divide time
equally between the junior/senior highs and the elementary
schools in National City);
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of National City hereby approves and authorizes
the chief of police to execute the 1981-82 NCPD Youth Diversion
Program Contract funded by AB 90 funds under the supervision/
administration of the San Diego County Board of Supervisors.
3
PASSED AND ADOPTED this 9th day of June, 1981.
ATTEST:
AGREEMENT between the COUNTY OF SAN DIEGO, a political subdivision of the State
of California and hereinafter called "County" and CITY OF NATIONAL CITY
1243 National
City Blvd., National City, CA 92050 (Corporate Name of Party),
hereinafter
(Street Address) (City/State) (Zip Code)
called "Contractor", for the provision of services under the (check one):
�State and Local Fiscal Assistance Act Community Services Act of 1974,
of 1972, as amended (Revenue Sharing). as amended (CSA).
D Older Americans Act of 1965, State of California County Justice
Title , as amended. al System Subvention Program
WHEREAS, Contractor is specially trained and possesses certain skills,
experience, education and competence to provide certain services and County,
consistent with the intent of said Act, desires to engage Contractor to render
certain services, -in particular to operate the National City Police Det
. Youth Diversion Plug.Lcan Projec ,
hereinafter called "Project."
WHEREAS, pursuant to the provisions of California Government Code section
26227, the Board of Supervisors of County is authorized .to enter a contract for
such services:
NOW THEREFORE the parties hereto do mutually agree as set forth in:
EXHIBIT TITLE
A eneral Provisions (Reverse Side)
B Standard Provisions
C Scope of Services
D Contract Budget
IN WITNESS THEREOF COUNTY and CONTRACTOR have executed this Agreement to
be the effective date this Agreement is approved by the Board of Supervisors or
, whichever is later.
CONTRACTOR: COUNTY:
By: By:
Name: Terry E. Hart Clerk of the Board of Supervisors
Title: Chief of Police
(Reserved for County Counsel Approval)
APPROVED AS TO FORM AND LEGALITY
COUNTY COUNSEL
BY Arne Hansen, DEPUTY
(Reserved for Clerk of the Boar of
Supervisors posting of minute order
citation)
(Reserved for Auditor -Controller
assignment of County contract number)
(Reserved for Civil Service Commission
determination required by County
Charter § 923)
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EXHIBIT A - GENERAL PROVISIONS
1. ADMINISTRATION: County's (designate titte)Division Chief, Community Action
Partnership, hereinafter called County Representative, shall represent County
in all matters pertaining to this Agreement and shall administer this Agreement
on behalf of County. Contractor's (designate official title) City of
National City shall be in charge of performing this
Agreement and shall administer this Agreement on behalf of Contractor.
2. TERM: The term of this Agreement shall commence on the effective date cited
above and continue through and including June 30, 1982
during which time Contractor shall perform the services provided herein.
3. COMPENSATION: County agrees to pay Contractor a total sum not to exceed
(specify in both words and numbers) One Hundred Twenty Thousand and NO/100 Dollars
dollars ($120,000.00 ) for services performed during the term of this
Agreement in accord with the methods of payment stipulated in Exhibits B & C.
4. NOTICE: Any notice or notices required or permitted to be given pursuant to
this Agreement may be personally served on the other party by the party giving
such notice, or may be served by certified mail, postage prepaid, return
receipt requested, to the officials cited in paragraph 1 above, for Contractor
at the address cited above, and for County at 8665 Gibbs Drive
Addr
San Diego, California (Street92123ess)
(City/State) (Zip Code)
5. CONTRACTORS MANUAL PROVISIONS: Reference is hereby made to the Department of
Social Services Contractors Manual, a copy of which is on file with County
Representative, and which may be amended from time to time in accordance with
provisions for its amendment contained therein. Contractor will comply with
all applicable provisions contained in said Contractors Manual including, but
not limited to, budget and claims. Said provisions of said Contractors Manual
are incorporated within this Agreement by reference.
6. ADVANCE PAYMENT: EDNot Applicable Q Applicable to this Agreement.
Upon certification by County that Contractor has insufficient capital with
which to commence performance of this Agreement Contractor may receive an
advance of funds in the amount of $ . Either:
El(a) Such advance shall be amortized during the term of this Agreement,
and will be reimbursed to County by the end of the month of the term
of this Agreement. Reimbursement shall be accomplished by means of a
deduction of $ from each monthly claim form submitted to County
by Contractor through the month, and a final deduction of $
to be made from the moat 's claim, the total of said deductions to
equal $ ; or
D (b) Such advance shall be reimbursed by means of a final deduction of
$ from the monthly claim(s) submitted to County by Contractor for
the month(s) of , the total of said
deduction(s) to equal $
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EXHIBIT B - STANDARD PROVISIONS
Table of Contents
Section Title Paragraph
DEFINITIONS 1
INDEPENDENT CONTRACTOR 2 - 7
CONTRACTOR'S INTEREST 8 - 10
COMPLIANCE WITH LAW 11 - 19
RECORDS AND REPORTS 20 - 25
MISCELLANEOUS PROVISIONS P8 - 27
CHANGES AND TERMINATION 28 - 32
BUDGET AND PAYMENT SCHEDULE 33 - 40
ADDITIONAL CONDITIONS 41 - 42
DEFINITIONS
1. DEFINITIONS. As used in this Agreement:
a. "Additional Funding" means, -with respect to any Project funded under
this Agreement,. money provided for the Project from any other source
including, but not limited to: other contracts; governmental or
private grant awards; donations; contributions; fees and reimbursements
for services rendered, whether received from the individuals served, or
from insurers or other third parties.
b. "Budget Category" means one of the following two major expenditure
classifications: "Personnel" and "Non -Personnel." The "Personnel"
category includes salaries, wages and fringe benefits. The "Non -
Personnel" category includes travel, space costs and rentals,
consumable supplies, insurance, rental, lease or purchase of equipment
consultants, contract services and other costs.
c. "Fiscal Year" means fiscal year of County, being July 1, through
June 30.
d. "Funds" means money distributed pursuant to the State of California
County Justice System - Subvention Program, California Welfare and
Institutions Code Sections 1805-1825.
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e. "Subcontractor" means any entity, other than County, that furnishes to
Contractor services or supplies relevant to this Agreement other than
standard commercial supplies, office space, printing services or
maintenance services.
INDEPENDENT CONTRACTOR
2. INDEPENDENT CONTRACTOR. Contractor is, for all purposes arising out of
this Agreement, an independent contractor, and neither Contractor nor
Contractor's employees shall in any event be entitled to any benefits to
which County employees are entitled, including, but not limited to,
overtime, any retirement benefits, worker's compensation benefits, and
injury leave or other leave benefits.
3. CONTRACTOR'S EMPLOYEES AND EQUIPMEENT. Contractor agrees that Contractor
has secured or will secure at Contractor's own expense all persons,
employees and equipment required to perform the services required under
this Agreement and that all such services will be performed by Contractor,
or under Contractor's supervision, by persons authorized by law to perform
such services. If any arrangement is made whereby employees of County are
used by Contractor and are.subject to Contractor's supervision and
control, they shall, while engaged in such work be considered for all
purposes, as employees, servants, or agents of the Contractor and not of
County, irrespective of party paying them. Contractor shall exonerate,
indemnify, and hold harmless County from and against any and all loss,
damage or expense, by reason of any act or omission of any employee,
servant or agent of Contractor, including those, if any, originally
employed by County and utilized by Contractor, and Contractor agrees to
defend, at Contractor's own expense, any suit or suits that may be brought
against County by reason of any such act or omission. County shall not be
responsible nor be held liable for any damage to person or property
consequent upon the use, misuse, or failure of any equipment used by
Contractor or any of Contractor's employees, even though such equipment be
furnished, rented, or loaned to Contractor by County.
4. HOLD HARMLESS. Contractor shall exonerate, indemnify and hold harmless
County from and against, and shall assume full responsibility for payment
of, all Federal, State and local taxes or contributions imposed or
required under unemployment insurance, social security and income.tax
laws, with respect to Contractor and Contractor's employees engaged in
performance of this Agreement. County, and its agents and employees,
shall not be, nor be held liable for any liabilities, penalities, or
forfeitures, or for any damage to the goods, properties or personal injury
to or death of them, whether caused by or resulting from any negligent act
or omission of Contractor. Contractor further agrees to indemnify and
hold harmless County and County's agents and employees, against and from
any and all of the foregoing obligations and liabilities, and any and all
cost and expenses incurred by County on account of any claim therefore.
Contractor agrees to assume the foregoing obligations 'and liabilities by
which it is intended by both parties that Contractor shall indemnify and
hold County harmless from all claims arising by reason of the work done or
by reason of any act or omission of Contractor.
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5. INSURANCE. Contractor agrees to maintain such insurance as will fully
protect both Contractor and County from any and all claims under any
worker's compensation act or employer's liability laws, and from any and
all other claims of whatsoever kind or nature for the damage to property
or for personal injury, including death, made by anyone whomsoever which
may arise from operations carried on under this Agreement, either by
Contractor, any subcontractor or by anyone.directiy or indirectly engaged
or employed by either of them.
Contractor shall, throughout the period of this Agreement, provide public
liability and property damage insurance covering all operations of the
Contractor, its agents and employees, including but not limited to
premises and automobiles with minimum liability limits of $500,000 for
bodily injury or death of any one person and $500,000 for bodily injury or
death resulting from any one occurrence, and damage to property of not
less than $100,000 resulting from any one occurrence.
Contractor agrees to provide County's designee at or before the effective
date of this contract with a Certificate of Insurance of the policy or
policies specified above and to keep insurance in effect during the entire
term of this Agreement. Said policy or policies shall provide for 30 days
written notice to County of cancellation or material change thereto.
Additionally, the County shall be named as an additional insured in said
policy. Prior to use of any vehicles by Contractor in providing services
under this Agreement Contractor shall furnish County with a Certificate of
Insurance indicating the amounts and scope of insurance.
In no event will any document other than a Certificate of Insurance be
acceptable as evidence of insurance. Failure to provide suchdocument
shall be grounds for immediate termination or suspension of this
Agreement. -
County shall notify Contractor in writing of change in the insurance
requirements and, if Contractor does not deposit with County within thirty
(30) days of receipt of such notice a new Certificate of Insurance for
each policy or policies of insurance incorporating such changes, this
contract shall be deemed in default without further notice to Contractor
and may be forthwith terminated by County.
6. BONDING. Prior to any disbursements, Contractor agrees that its insurer
shall forward to County an assurance that all persons handling funds
received or disbursements made hereunder are covered by a fidelity bond in
an amount not less than $ 25,000 . Provision shall be made such that
insurer shall notify County in the event that the bond is cancelled or
reduced. In either event,, County shall make no further disbursements
until it is assured adequate coverage has been obtained. If Contractor
fails to obtain or assure County of adequate coverge, this Agreement shall
be deemed in default and may be forthwith terminated by County.
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7. NON -EXPENDABLE PROPERTY ACQUISITION. County retains title to all non -
expendable property which Contractor may acquire with funds from this
Agreement, including property acquired by lease purchase agreement.
Contractor may not expend funds under this Agreement for the acquisition
of non -expendable property having a unit cost of S300.00 or more and a
normal life expectancy of more than one year without the prior written
approval of County Representative. Contractor shall comply with the
inventory of non -expendable equipment provisions contained in the
Contractors' Manual. Contractor shall repair or replace all County
equipment that may damaged as a result of Contractor's negligence.
CONTRACTOR'S INTEREST
8. ASSIGNABILITY. The Contractor shall not assign any interest in this
Agreement, and shall not transfer any interest in the same, whether by
assignment or novation, without the prior written consent of the County
thereto; provided, however, that claims for money due or to become due to
Contractor from County under this. Agreement may be assigned without such
approval. Notice of any such assignment or transfer shall be furnished
promptly to County.
9. INTEREST OF CONTRACTOR. Contractor covenants that Contractor presently
has no interest, including, but not limited to, other projects or
independent contracts, and shall not acquire any such interest, direct or
indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement.
Contractor further covenants that in the performance of this Agreement no
person having any such interest shall be employed or retained by
Contractor under this Agreement. Contractor shall not hire County's
employees to perform any portion of the work or services provided for
herein including secretarial, clerical and similar incidental services
except upon the written approval of County. Performance of services under
this Agreement by associates or employees of Contractor shall not relieve
Contractor from any responsibility under this Agreement.
10. SUBCONTRACTS. Contractor shall provide County Representative with copies
of all subcontracts relating to this Agreement entered into by Contractor
within 30 days after the beginning of the subcontract. Such subcon-
tractors of Contractor shall be notified of Contractor's relationship to
county. Any subcontract which is in excess of five hundred ($500) dollars
shall have prior approval of the County Representative.
In the event any subcontractor is utilized by Contractor for any portion
of the project, -Contractor retains the prime responsibility for carrying
out all the terms of this Agreement, including the responsibility for
insuring the availability and retention of records of subcontractors in
accordance with this Agreement. No subcontract utilizing funds from this
Agreement shall be entered into which has a term extending beyond the
ending date of this Agreement.
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COMPLIANCE WITH LAW
11. THE ACT. The provisions of this Agreement are subject to the provisions
of Act specified in this Agreement and under which the services detailed
herein are being provided, and laws, regulations, instructions and guide-
lines promulgated by federal, state and local governments pursuant to said
Act. Subsequent changes to said Act and laws, regulations, instructions
and guidelines pertaining thereto shall become effective for the
administration of this Agreement upon notification of such changes to
County.
12. AFFIRMATIVE ACTION. Contractor, Contractor's subcontractors and
suppliers, if any, shall comply with the Affirmative Action Program for
Vendors as set forth in Article IIIK (commencing at §84) of the San Diego
County Administrative Code, which Program is incorporated herein by
reference, unless specifically exempted in accordance with the Articles,
rules and regulations.
13. EQUAL OPPORTUNITY. Contractor will comply with the provision of Title VI
of the Civil Rights Act of 1964 (42 USC 2000 as amended by the Equal
Opportunity Act of March 24, 1972, Public Law No. 92-261) in that it will
not discriminate against any individual with respect to his or her
compensations, terms, conditions, or privileges of employment; or
discriminate in any way which would deprive or intend to deprive any
individual of employment opportunities or otherwise adversely affect his
or her status as an employee because of such individual's race, color,
religion, sex, or national origin.
14. NON DISCRIMINATION. Contractor shall ensure that services and benefits
are provided without regard to race, color, religion, sex, age or national
origin in accordance with Title VI of the Civil Rights Act of 1964.
Contractor shall comply with Section 504 of the Rehabilitation Act of
1973, as amended (29 USC 794), pertaining to the prohibition of
discrimation against qualified handicapped persons under any program or
activity which receives or benefits from Federal financial assistance.
15. POLITICAL ACTIVITIES PROHIBITED. None of the funds, provided directly or
indirectly, under this Agreement shall be used for any politicial
activities or to further the election or defeat of any candidate for
public office. Contractor shall not utilize or allow its name to be
utilized in any endorsement of any candidate for elected office. Neither
the contract nor any funds provided thereunder shall be utilized in
support of any partisan political activities, or activities for or against
the election of a candidate for an elected office.
16. LOBBYING. Contractor agrees to comply with the lobbying ordinances of the
County and to assure that its officers and employees comply before any
appearance before this body. None of the funds provided under this
Agreement shall be used for publicity or propaganda purposes designed to
support or defeat any legislation pending before State and Federal
Legislatures or the Board of Supervisors of the County.
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17. RELIGIOUS ACTIVITY PROHIBITED. There shall be no religious worship,
instructions or proselytization as part of or in connection with the
performance of this Agreement.
18. CONFORMANCE TO REGULATIONS. Contractor shall perform this Agreement in
• compliance with allapplicableregulations including facility and
professional licensing and/or certification laws and keep in effect any
and all licenses, permits, notices and certificates as are required.
Contractor shall further comply with all laws applicable to wages and
hours of employment, occupational safety, and to fire safety, health and
sanitation.
19. CALIFORNIA LAW. This Agreement shall be construed and interpreted
according to the laws of the State of California.
RECORDS AND REPORTS
20. CONFIDENTIALITY. County and Contractor agree to maintain confidentiality
of any information regarding applicants, project participants or their
immediate families which may be obtained through application forms,
interviews, tests, reports, from public agencies or counselors or any
other source. Without the written permission of the applicant or
participant, such information shall be divulged only as necessary for
purposes related to the audit and evaluation of the Agreement and then
only to persons having responsibilities under the Agreement, including
those furnishing services to Project under subcontract. County and
Contractor agree that all information and records obtained in the course
of providing services to project clients shall be subject to
confidentiality and disclosure provisions of applicable Federal and State
statutes and -regulations adopted pursuant thereto.
21. MAINTENANCE OF RECORDS. In order to assure that funds provided under this
Agreement are -used by Contractor in accordance with such Agreement,
Contractor shall maintain:
(a) Accounting Records - Contractor shall maintain accounting records
that clearly reflect the cost of services for which claims against
County are made pursuant to this Agreement in accordance with
generally accepted accounting principles and as further specified
in the Contractors' Manual. Such records shall include, but not
be limited to, accounting ledgers, statistical data, and
supporting documents such as purchase requisitions, purchase
orders, vouchers, time sheets, payrolls, analyses of capital
equipment costs, and schedules for allocating costs.
(b) Personnel Records - Contractor shall maintain adequate personnel
records, payroll records, personnel files,,and personnel policies
and procedures for all employees performing work or reimbursed
under this Agreement. Employee time and attendance records shall
show both the employee and his or her immediate supervisor.
Payroll and personnel records shall reflect employee's date of
hire, job title, authorized salary or rate of pay, payroll
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deduction data, and leave time earned and taken. Contractor shall
develop and maintain writtenpolicies governing employment
practices, job descriptions, compensation, paid leave, promotion,
termination procedures, and performance evaluations.
(c) Client/Patient Records - Contractor shall maintain adequate
records for all services provided and clients served pursuant to
this Agreement. Pertinent data shall be kept in sufficient detail
as further described in the Contractors' Manual so as to allow for
the evaluation of the services rendered under this Agreement.
County, at its option, may take custody of Contractor's client
records upon contract termination. County agrees that such
custody will conform to applicable confidentiality provisions of
State and Federal law. Said records shall be kept by County in an
accessible location within San Diego County and shall be available
to Contractor for examination and inspection.
22. FISCAL AND PERFORMANCE AUDITS AND INSPECTION OF RECORDS. Authorized
Federal, State or County representatives shall- have the right to monitor,
assess, or evaluate Contractor's performance pursuant to this Agreement,
said monitoring, assessments, or evaluations to include but not limited to
audits, inspection of premises, reports, and interviews of project
staff and participants. At any time during normal business hours and as
often as County may deem necessary, Contractor shall make available to
County, State or Federal officials for examination all of its records with
respect to all matters covered by this Agreement and will permit County,
State or Federal officials to audit, examine and make excerpts or trans-
cripts from such records, and to make audits of all invoices, materials,
payrolls, records of personnel, information regarding clients receiving
services, and other data relating to all matters covered by this Agree-
ment. Records must document provision of services stated in Exhibit "A".
Contractor shall maintain and keep available all such records within the
County of San Diego for a minimum of five years from the ending date of
this Agreement unless County agrees in writing to an earlier disposition.
23. REPORTS. Contractor shall submit reports as requested by the County
Representative or as further specified in the Contractor's Manual. Format
for the content of such reports will be developed by County. The timely
submission of these reports is a necessary and material term and condition
of this Agreement, and Contractor agrees that failure to meet specified
deadlines will be sufficient cause to withhold payment.
24. COPYRIGHTS. If this Agreement results in a book or other copyrightable
material, the author is free to copyright the work, but County reserves a
royalty -free, nonexclusive, and irrevocable license to reproduce, publish,
or otherwise use, and to authorize others to use, all copyrightable
material and all material which can be copyrighted.
25. PATENTS. Any discovery or invention arising out of or developed in the
course of work aided by this Agreement shall be promptly and fully
reported to County Representative as to whether patent protection on such
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invention or discovery, including right under any patent issued thereon,
shall be disposed of and administered, in order to protect the public
interest.
MISCELLANEOUS PROVISIONS
26. TIME OF PERFORMANCE. The services of Contractor, as set forth herein,
shall commence upon execution of this Agreement and shall be undertaken
and completed in such sequence as to assure their expeditious completion
in light of the purposes of this Agreement. The effective start date for
the Project is mutually agreed to be the date entered in Exhibit A,
paragraph 2 of this Agreement.
If this Project or any material component thereof has not been initiated
and operated in accordance with Exhibit C, Scope of Services of this
Agreement within thirty (30) days of the effective start date set forth in
Exhibit A, Paragraph 2 of this Agreement, Contractor shall submit a report
notlater than ten (10) days after expiration of said thirty (30) day
period to County Representative indicating the steps taken to initiate the
project or component, the reasons for the delay, and the expected starting
date. If the Project or any material component is not fully operating in
accordance with Exhibit C, Scope of Services of this Agreement within
sixty (60) days of said effective start date, the County Representative
may at his/her discretion make an appropriate reduction in the Project
budget and the total compensation to be paid to Contractor under Exhibit
A, paragraph 3 of this Agreement, or terminate this Agreement as provided
in Paragraph 30 hereof.
Where the initiation of the Project or any material component thereof
has been delayed for more than thirty (30) days from the effective
start date set forth in Exhibit A, paragraph 2 of this Agreement, the
failure of County Representative to effect a reduction in Agreement
funding as provided in Exhibit A, paragraph 3 shall not preclude an audit
disallowance when evidence indicates that the Contractor failed to perform
as contemplated in Exhibit A, paragraph 2 of this Agreement.
27. TRAINING. Contractor shall assure that Contractor's project staff shall
attend educational and training programs sponsored or endorsed by County,
as may be from time to time requested by the County Representative.
CHANGES, TERMINATION AND RENEWAL
28. ORAL REPRESENTATION. This document and its exhibits and references
incorporated herein fully express all understanding of the parties
concerning the matters covered herein. No addition to or alteration of
the terms of this Agreement and no verbal understanding of the parties,
and officers, agents or employees, shall be valid unless made in the form
of a written amendment to this Agreement.
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29. CHANGES AND AMENDMENTS. County and Contractor may from time to time
require changes to this Agreement. Such changes, except as expressly
detailed herein, shall be effective when incorporated in written
amendments to this Agreement and approved by the County's Board of
Supervisors.
30. TERMINATION FOR CAUSE. Upon breach of this Agreement County shall have
the right, by giving written notice specifying the effective date, which
shall be not less than five (5) days after the date of the written notice,
to terminate this Agreement in whole or in part for cause, which shall
include, but not be limited to: (1) Failure, for any reason, of
Contractor to fulfill in a timely and proper manner its obligations under
this Agreement, including compliance with the approved program and
attached conditions, and such statutes, Executive Orders, and Federal
directives as may become generally applicable at any time; (2) Submission
by Contractor to County of reports that are incorrect or incomplete in any
material respect; and (3) Ineffective or improper use of funds provided
under this Agreement.
In such event, all finished or unfinished documents, and other materials
prepared by Contractor shall become the sole and exclusive property of
County, and Contractor shall be entitled to receive reasonable
compensation for any satisfactory work completed on such documents, or
other such materials to date of termination, not to exceed the amounts
payable to date of termination reduced by the amount of damages sustained
by County by reason of such breach. Notwithstanding the above, Contractor
shall.not be relieved of liability to County for damages sustained by
County by virtue of any breach of this Agreement by Contractor, and County
may withhold any reimbursement to Contractor for the purpose of off-
setting until such time as the exact amount of damages due County from
Contractor is agreed upon or otherwise determined.
31. TERMINATION FOR CONVENIENCE. Either County or Contractor may terminate
this Agreement upon thirty (30) days written notice to the other party.
In that event, all finished or unfinished documents, and other materials
prepared by Contractor shall become the sole and exclusive property of
County, and Contractor shall be entitled to receive reasonable
compensation for any satisfactory work completed on such documents, or
other such materials to date of termination, not to exceed the amounts
payable to date of termination reduced by the amount of damages sustained
by County by reason of such breach. Notwithstanding the above, Contractor
shall not be relieved of liability to County for damages sustained by
County by virtue of any breach of this Agreement by Contractor, and County
may withhold any reimbursement to Contractor for the purpose of offsetting
until such time as the exact amount of damages due County from Contractor
is agreed upon or otherwise determined.
32. TERMINATION FOR REDUCTION, SUSPENSION OR TERMINATION OF FUNDS TO COUNTY.
This Agreement may be terminated on twenty-four (24) hours' notice in the
event that the receipt by County of funds is reduced, suspended or
terminated for any reason. Contractor hereby expressly waives any and all
claims against County for damages arising from the termination,
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suspension, or reduction of the funds provided by said Act to County under
which this Agreement is made, or of the portion thereof delegated by this
Agreement.
In such event, finished or unfinished documents, and other materials
prepared by Contractor shall become the sole and exclusive property of
County, and Contractor shall be entitled to receive reasonable
compensation for any satisfactory work completed on such documents, or
other such materials to date of termination, not to exceed the amounts
payable to date of termination reduced by the amount of damages sustained -
by County by reason of such breach. Notwithstanding the above, Contractor
shall not be relieved of liability to County for damages sustained by
County by virtue of any breach of this Agreement by Contractor, and County
may withhold any reimbursement to Contractor for the purpose of off-
setting until such time as the exact amount of damages due County from
Contractor is agreed upon or otherwise determined.
BUDGET AND PAYMENT SCHEDULE
33. BUDGET. Exhibit D is the budget to this Agreement. All reimbursement
payments are to be made in.accordance with the provisions of Exhibit D.
In no case will County pay Contractor in excess of the amount stipulated
in Exhibit A, paragraph 3.
34. EXPENDITURES. Contractor shall have, in its discretion, the power to
expend up to 110 percent in any month of the total amount budgeted in such
month without prior written authorization of the County Representative.
However, in no event shall any expenditure of funds be made or obligation
incurred during a given fiscal year so as to exceed the authorized total
budget for that fiscal year or the amount authorized by any budget
category for that fiscal year. Any expenditure by Cohtractor of funds not
within the limitations of the approved budget and the purview of eligible
costs as set forth in this Agreement and all applicable federal, state and
local laws, rules, regulations and requirements is not a chargeable cost
to Project and shall be borne by Contractor.
35. BUDGET TRANSFERS. Contractor may transfer between the line items within
the same budget category an amount not to exceed ten percent (10%) of the
total funds originally approved for such budget category under this
Agreement. Line item transfers within the same budget category in excess
of ten percent (10%) of the total funds originally approved for such
line item require the written approval of a budget adjustment by the
County Representative.
Contractor may transfer from the Personnel to the Non -Personnel budget
category an amount not to exceed ten percent (10%) of the funds originally
approved for the Personnel budget category. Any transfer from the
Personnel to the Non -Personnel budget category in excess of ten percent
(10%) of the funds originally approved for the Personnel budget category
and transfer of funds from the Non -Personnel to the Personnel budget
category requires the written approval of a budget adjustment by the
County Representative.
P&E: 6/2/81-12
-11-
All budget transfers and adjustments shall be reflected on the subsequent
periodic report.
36. REIMBURSEMENT. Reimbursement by County will be monthly in arrears upon
presentation by Contractor of a properly executed claim for reimbursement
of costs and report of services rendered during the current reporting
period on forms to be provided by County. All reimbursement payments
shall be made in accordance with the provisions of this Agreement.
37. FEES FOR SERVICE. Contractor warrants that any project services rendered
or expenditures incurred, which are properly billable to the individuals
served or to third parties on their behalf (i.e health insurance
carriers), will be so billed. Contractor will include with each monthly
claim a listing of items so billed during the period covered by the claim.
Any payment or reimbursement realized by Contractor from such billings
will be treated and accounted for as Project "additional funding" pursuant
to paragraph 38, next below.
38. ADDITIONAL FUNDS. If Contractor receives additional funding for Project
from a source other than under this Agreement, such additional funds
together with funds provided under this Agreement must be expended as
identified in the Cost Allocation Plan approved in writing by the County
Representative. In such cases, Contractor's monthly reports must show
total project revenues and expenditures for the period for all funding
sources.
39. FINAL PAYMENT AND REPORT. Within thirty (30) days after the termination
of this Agreement, Contractor shall provide County with a final financial
statement signed by Contractor's representative. It is expressly agreed
that County may withhold Contractor's final full monthly payment under
this Agreement until County has approved Contractor's final financial
statement.
40. DISALLOWED COSTS. In the event Contractor receives payment for a service
astowhich reimbursement is disallowed by County or to County by granting
agency, Contractor shall promptly refund the disallowed amount to County
on request, except that County may at its option approve a repayment plan
and/or offset the amount disallowed from any payments due or to become due
to Contractor. -
ADDITIONAL CONDITIONS
41. CHARGES TO CLIENT. Project shall serve individuals and family clients
without charge to the clients.
42. ATTORNEY'S FEES AND COSTS. In a legal action to enforce any of the terms
and conditions of this contract in which the County prevails, the
Contractorpromises to pay in addition to other amounts found due, such
reasonable costs and attorney's fees that the County incurs.
P&E: 6/2/81-13
EXHIBIT C - SCOPE OF SERVICES
Project Category: PFRSONAL & SOCIAL DEVELOPMENT, CHILD & YOUTH
CONTRACTOR: CITY OF NATIONAL CITY PROJECT: NCPD YOUTH DIVERSION PROGRAM
1. .Narrative Project Description - For Information Only (specific problems to be
addressed, target populations, geographic areas to be served, methodologies
to be utilized and languages available for non-English speaking clients.
The DIVERSION PROGRAM will be comprised of:one juvenile sergeant,
one gang detective, two youth counselors(all bi-lingual in the Spanish •
-
Fnglish languages), plus one child abuse/neglect detective, and two uniform
police officers to work full-time at the local schools. The counselors and
uniform police officers will be funded the AB 90 grant funds --all add—
itional personnel, incluarEg7 two ull=time cle 1r cam aides w ll.be paid for
through the Police budget. Numerous additional hours will be contributed
by volunteers and other sworn police personnel --particularly in the area
of school campus speaking presentations. The below services will be cont-
inued from the current program to impact and reverse growing arrest/crime/
recidivism/probation referral rates for juveniles contacted in National City:
1) Crisis intervention, counseling/problem solving with younger'early
offenders and their families/peer groups, including services to status
offenders and abused/neglected children on a volunteer basis to prevent
entry/reentry into the criminaljustice system(represents 2,640 hours of
counselors time during contract period for 700 unduplicated clients and
200 families).
2) Film Counseling program on juvenile justice system for first-time
arrestees and their parents/friends/peers(90 hours for counselors).
3) Restitution program --a voluntary program whereby arrestees repay their
victims through cash payments and/or work projects, such as graffitti
eradication, pulling weeds, cleaning up litter in parks, clearing street
drainage canals from debris, painting red zones, etc.(350 hrs counselors time
4)Chicano Pride Project, provide rap sessions, films, recreational
outing for at -risk junior high school age boys and girls(200 hrs--counselors
5)Officer On -Campus Programs at junior/senior high schools, providing
speakers to classrooms on a variety of law/crime education topics to
increase youth/officer understanding(speakers will address 200 different
classes with an average of 30 students per class or approximately 6,000
different students --program will be coordinated/supervised by the two
uniform police officers and counselors will contribute 300 hours to the
program.
6) Gangs Network, an organization of street agencies working -on developing
positive. alternatives to gang membership(72 hrs of counselor time).
7) Elementary School Law Enforcement Education Program, coordinating of local
community agencies to make presentations on various tbpics such as gangs,
drugs, child abuse/neglect, and juvenile justice system(192 hrs-counselors).
8)Agency Referrals --contacting and linking with community agencies to refer
clients.(120..hours--counselors_.time) . ._.
10)' Networking of parents with children who a'ssociat'e together to share
in structuring their children's free time(50 hrs counselors time).
P&E:6/2/81-14
•
Narrative Project Description(continue)
11) Locating/working'eith abused/neglected children(100 hrs-counselors)
12) Presentations to train/educate NCPD Police Officers on goals/
operations .of NCPD Diversion Program(100 hrs--counselors).
The aforementioned programs have primarily been designed to
impact the primary target group of 1000 juveniles(see "Summary
of Program" section for breakdown of this group). The early results
of the YCP Program impact during 1980 has shown a 10% drop in
juvenile arrests over 1979(down from 1390 to the 1980 arrest figures
for the total year of 1256). Serious Offense (violent felonies,
burglaries, and auto thefts) type arrests are down 33% or 59 less
arrests(175) in 1980 over 1979(234). Juvenile burglary arrests are
down 35%(93) versus the 1979 figure of 141. The reported incidents
of burglaries also dropped a small percentage from the 1979 figure.
Of the 922 juveniles arrested in 1980, only 157(as of January 31,
1981) have been rearrested which is 17% versus the prior yearly
averages of 37%---of course this is too early in the project to
accurately tell, but the trends appear to demostrate success.
Two additional components have been proposed to impact the
Secondary Target group(9,000 National City school students). Two full
time uniform police officers will divide their time equally between
the elementary schools(one officer) and the junior/senior high schools
(one officer). One hundred percent support for this additional com-
ponent has been expressed both verbally and in support letters by
the schools and,the school districts involved. Office space and office
hours will be available on a regular basis on the school campuses.
The officers' objectives and responsibilities would be: 1) Help
students and school personnel learn more about the law; 2) Familiarize
students with law enforcement and its objectives; 3) Support school
staff and administrators on disciplinary matters; 4) Work with truancy
problems andencaurage students to stay in school; 5) Familiarize
students with law enforcement personnel; 6) Help identify and plan
programs for potential delinquents; 7) Build a positive attitude
toward good citizenship; 8) Help develop cooperation between the school,
students and the community; 9) Reinforce the feeling of pride which
students'Wenld want to have toward their schools; 10) Handle immedi-
ately any investigations or new complaints, for instance--non-student
trespassers --with prevention and diversion solutions as the ultimate
goal; 11) Help resolve an effective safety education program; 12) Assist
school administrators' when formal expulsions become necessary and recom-
mend YCP Program assistance to. divert the status offender from the
court system; 13) Work closely with concerned parents and PTA groups
to provide positive alternatives/solutions to troubled youth.
The officer's impact can be measured by the reduction in reported
vandalism and daytime burglaries around the schools, the decrease in
excused and unexcused absences. Similar program recently tried by
the Fresno Police department during the 1978-79 school year showed
a 18.9% decrease in daylight. burglaries from the previous year, a
reduction in_excused and unexcused absences by 26,526, and a school
district savings of $232,777 that would have been spent on repairs
for vandalism. It was noted that the success of the program depended
upon community involvement and cooperation ---and this is the reason
the YCP Program is moving on a wide front and has thusfar received
wide community and news media support.
14a
2. Location(s) and Hours of Operation.
2.1. Contractor Name:
2.2. Contractor Address:
CITY OF NATIONAL CITY
1243 National City Blvd.
National City, CA 92050
2.3. Project Name: NCPD YOUTF DIVERSTON PROC:RAM
2.4. Contractor shall operate facilities and be opet for business as
follows:
Site Name Address Days Hours
NATIONAL CITY POLICE DEPT. 1200 "A" Ave., 7/wk 24/day
National City,
CA 92050
3.. The Goal of the Project is:
To establish and implement an effective network within the National
City Police Department that will enable early intervention into potential/
actual delinquent behavior patterns to decrease the number of juveniles
being arrested and referred by NCPD to San Diego PROBATION .
PFF15
period(7/1/8/--6/30/82) the recidivism
37% to 27% for juveniles arrested during
: Recidivism is defined as a juvenile being
one year from his first arrest during the
#2--A 10% drop in daytime burglaries will occur during the school
days for the contracted period as compared to the year immediately,
preceeding the contracted year in National City.
#3--The NCPD referral rate of arrested juveniles to the S.D. Probation
Department will continue to be kept below the 43.8 level. (Prior to
.the implementation of the NCPD Diversion Program, NCPD was referring
arrested juveniles to probation at a 70% rate).
#4--Reduce unexcused and excused absences in the National City junior/
senior high schools by 10% from the 1980-81 school year in National
City.
4. The Objectives of the Project to be accomplished during the contract period
are:
#1--During the contracted
rate will be reduced from
that contract period(Note
rearrested by NCPD within
contracted period).
#5--Provide a minimum of 200 classroom presentations by NCPD personnel..
and other appropriate guest speakers as agreed to by the proper school
authorities during the 1981-82 school year in National City.
#6--Divert a minimum of 700 arrested juveniles by NCPD to the Youth
Counselors during the contracted period for counseling/problem solving
services to the juvenile(and his family/peer group when appropriate).
5. Services. Contractor shall provide:
5.1. For the contract period, targeted mandatory services to a minimum of
unduplicated clients as follows:
FY 1980-81 (4-1-81 thru 6-30-81):
unduplicated clients
units of service
-FY 1981-82 (7-1-81 thru 6-30-82): 700 unduplicated clients
1200 units of service
FY 1982-83 (7-1-82 thru 9-30-81): unduplicated clients
units of service
•
P&E16
5.2. For the contract period, contractor shall provide the following (not
more than 5) targeted mandatory service activities. At least 25% of
the contract period requirement must be completed each quarter.
1. P.S. 42 For 4 • community Eductn For
600 Clients 15 Groups Clients
1200 Units of Service 75 Units of Service
2. Follow UP For 5. Linkage For
300 Clients 108 Clients
300 Units of Service 108 Units of Service
3. Referral For 6. Gn� Group Interaction
3000 Clients
84 Clients 200 Units of Service
7. Career .Gu dance For
84 Units of Service 500 Clients
500 Units of Service
5.3... For the contract period, contractor shall provide 1200 units
of service for the following other supportive activities. At least
25% of the contract period requirement must be completed each
quarter.
1. Collateral Contact 6.
2. Outreach 7_
3. Information 8.
4. Coimnunity Relations 9.
5. 10.
6. Additional Activities: Contractor shall for the contract period:
6.1. Maintain records of all services delivered under this Agreement using
the "Basic Recordkeeping Requirements," as contained in the
Contractors Manual.
6.2. Provide the County with the following reports: (1) Progress Reports
regarding clients served and services provided under the contract
shall be submitted quarterly and in formats prescribed by the
Department; and (2) Self Evaluation Plans and Summaries, and Staff
and Board Training Plans.
6.3 Concur that continued funding under this Agreement is contingent upon
adherence to Corrective Action Plan requirements to be negotiated
with the Department, should such become necessary.
6.4 Not modify, delete, or alter any section(s) or sub-section(s) or
portion(s) thereof found in this EXHIBIT C, SCOPE OF SERVICES,
without prior written approval of the County Representative.
CONTRACTOR: CITY OF NATIONAL CITY
PROJECT•NCED YOUTH DIVERSION PROGRA
BUDGET
FOR FY 7/1/81--6/30/82
TOTAL PERSONNEL 119,700
Wages & Salaries 83.064
Fringe Benefits 36,636
TOTAL NON -PERSONNEL 300
Consultant/Contract Services
Travel
Insurance
Space Costs & Rental
Consumable Supplies
& Minor Equipment
Equipment Rental/Lease
or Purchase
Utilities & Telephone
*Food
Transportation
Indirect Costs
Other Costs(education mat ' 1s 1 300
TOTAL PROGRAM COSTS $120,000
* Residential Contractors only.
P&E18
'fed
'✓ t ^P.'� Utz
§ D-1
CITY OF
CONTRACTOR: NATIONAL - CITY
NCPD YOUTH
PROJECT: DIVERSION
MONTHLY BUDGET SCHEDULE FOR FY 19 81/ 8 2
LINE ITEM
JULY
AUG.
SEPT
OCT.
. NOV.
DEC.
JAN.
FEB,
MAR.
APR.
MAY
JUNE
TOTAL
PERSONNEL CATEGORY
6922
6922
6922
6922
6922
6922
6922 ,
•6922
6922
6922
6922
6922
83,064-
WAGES & SALARIES
FRINGE BENEFITS
3053
3053
3053
3053
3053
3053
3051
3053
3053
3053
3053
3053
36,636
TOTAL PERSONNEL
9975.
9975
9975-
9975•
9975'
9975
9975'
9975 -
9975
9975 ..9975
.
9975 '
119,700 ""
NON -PERSONNEL COSTS
,
CONSULTANT/
CONTRACT SERV.
TRAVEL
INSURANCE •
SPACE COSTS & RENTAL
CONSUMABLE SUP.
& MINOR EQUIP.
EQUIP. RENTAL/LEASE
CR PURCHASE
UTILITIES 1 TELEPHONE
FOOD
TRANSPORTATION
INDIRECT COSTS
OTHER COSTS
300
300
TOTAL NON -PERSONNEL
300
r,
r,
4
r,
r
r
r,
g
' 0
0
0
300
TOTAL MONTH
10,275
9975
9975
9975
9975
9975
9975
9975
9975
9975
9975
9975
120,000Y
P&E19
D-2
CITY OF
CONTRACTOR:NATIONAL CITY"
NCPD YOUTH
PROJECT:DIVERSION PROGRAM'
PERSONNEL SCHEDULE FOR FY 1981/82
(1)
(2)
TOTAL
ANNUAL
(3)
TOTAL
PAID HOURS
(4)
% OF TINE
CHARGED
TO THIS
45) '
HOURLY
(6)
0 OF MONTHS
AT THIS
17)
SALARY PER
16)
POSITION
SALARY
PER WEEK
PROJECT
RATE
HOURLY RATE
PAY PERIOD
TOTAL
1--Counselor
.20,112
40
100
$9.81
.12
$838,00
$20,112'
1--Counselor
20,112
40
100
$9.81
12
$838.00
$20,112
1.--Police Officer
1--Police Officer
21,420
21,420
40
40
100 .
100
r10.49
$10.49
12
12
$892.50
$892.50
$21,420
$21,420
$83,064
P&E20
1, List TOTAL annual salary at CONTRACTOR LEVEL,
2. List TOTAL paid hours per week at CONTRACTOR LEVEL.
3. List percentage of work time charged to thls protect
4. List total hourly rate.
Pay schedule (check one)
Weekly DI -Weekly X Twice a Month
f 0-3
5. List amber of months at thls salary. ' `' `1
Make a separate line Item entry If salary
rate changes In thls fiscal year.
6. List total salary per pay period.
7. list total salary per this fiscal year.
GRAND'
TOTAL
CONTRACTOR: CITY OF NATIONAL CITY
PROJECT:NCPD YOUTH DIVERSION PROG.
LINE ITEMIZATION
FOR FY 1981/2
LINE ITEM 1:1 WAGES & SALARIES
DESCRIPTION
SEE PERSONNEL SCHEDULE
AMOUNT
TOTAL
LINE ITEM 1.2 FRINGE BENEFITS (EMPLOYER'S SHARE)
DESCRIPTION
Youth Counselors(Benefits @ ,2555
Police Officers(Benefits @ .5774)
AMOUNT •
11,892
24,744
TOTAL.
$36,636
P&E21
§ D-4
Line Itemization
For FY 199R /R7
Page 2 of 7
CONTRACTOR:CITY OF NATIONAL CITY
PROJECT:NCPD YOUTH. DIVERSION PROG.
LINE ITEM 2.1 CONSULTANT/CONTRACT SERVICES
DESCRIPTION
NONE
AMOUNT
TOTAL
9
LINE ITEM 2.2 TRAVEL
DESCRIPTION
NONE
AMOUNT
TOTAL
9
P&E22
§ 0-4
Line Itemization
For FY 199VR7
Page 3 of 7
CONTRACTOR: CITY OF NATIONAL CITY
PROJECT: NCPD YOUTH DIVERSION PROG.
LINE ITEM 2.3 INSURANCE
DESCRIPTION
NONE
AMOUNT
LINE ITEM 2.4 SPACE COSTS & RENTAL
DESCRIPTION
NONE
AMOUNT
TOTAL
P&E23
§ D-4
Line Itemization
For FY 1981/R,
Page 4 of 7
CONTRACTOR: CITY OF NATIONAL CITY
PROJECT:NCPD YOUTH DIVERSION PROG.
LINE ITEM 2.5 CONSUMABLE SUPPLIES & MINOR EQUIPMENT
DESCRIPTION
NONE
AMOUNT
TOTAL 0
LINE ITEM 2.6 EQUIPMENT RENTAL/LEASE OR PURCHASE
DESCRIPTION
NONE
AMOUNT
TOTAL
P&E24
§ D-4
Line Itemization
For FY 1981/82
Page 5 o�"i—""'
CONTRACTOR:CITY OF NATIONAL CITY
PROJECT:NCPD YOUTH DIVERSION PROG.
LINE ITEM 2.7 UTILITIES & TELEPHONE
DESCRIPTION
NONE
AMOUNT
TOTAL
LINE ITEM 2.8 FOOD
DESCRIPTION
NONE
AMOUNT
TOTAL g
P&E25
§ D-4
Line Itemization
For FY 1981/82
Page 6 of 7
CONTRACTOR: CITY OF NATIONAL CITY
PROJECT:NCPD YOUTH DIVERSION PROG.
LINE ITEM 2.9 TRANSPORTATION
DESCRIPTION
NONE
AMOUNT
TOTAL
LINE ITEM 2.10 INDIRECT COSTS
DESCRIPTION
NONE
AMOUNT
TOTAL
P&E26
§ D-4
Line Itemization
For FY 1981/82
Page 7
CONTRACTOR: CITY OF NATIONAL CITY
PROJECTNCPD YOUTH DIVERSION PROG.
LINE ITEM 2.11 OTHER COSTS
DESCRIPTION
EDUCATION MATERIALS (materials on drug
abuser child abuse/neglect; truancy; etc,)
AMOUNT
$300.Q0
TOTAL $300.00
P&E27
§ D-4