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Chino, City of A2013-48 AGREEMENT CITY OF CHINO AND CITY OF CHINO HILLS HUMAN SERVICES PROGRAMS FY 2013-2014 This agreement, entered into this 1" day of July 2013 by and between the City of Chino, a municipal corporation, herein referred to as "Chino", and the City of Chino Hills, a municipal corporation, herein referred to as "Chino Hills", includes the terms and conditions regarding the Human Services Programs provided to the Chino Valley Unified School District. Whereas, Chino and Chino Hills have joined together to deliver a comprehensive Human Services Program, to the areas commonly referred to as the Chino Valley, through the Chino Valley Unified School District. The Human Services Program provides youth and adults with effective and positive programs in which to participate. Whereas, services provided in the Human Services Program include individual and family counseling which address substance abuse, delinquency diversion and other social issues. I. HUMAN SERVICES PROGRAMS The City of Chino, Human Services Division, shall agree to provide and administer the following programs to the City of Chino Hills: A. AIM HIGHER AIM Higher is a 12-week school based program facilitated by City of Chino Human Services staff. Staff gathers junior high and high school students from the Chino Valley Unified School District into small age appropriate groups. These groups discuss topics such as conflict resolution, goal setting, anger management, and drug and alcohol prevention. Pre and post tests will be given to the participants. Participant, parent, and administrator evaluations are requested. B. SPECIAL FRIENDS/PRIMARY INTERVENTION PROGRAM (SPECIAL FRIENDS) AND POSITIVE ACTION FOR LIFE SUCCESS (PALS) The Special Friends/Primary Intervention Program (SPECIAL FRIENDS) is a school- based program designed for primary grade children having difficulty adjusting to school due to home stressors, learning issues, or social skills. Through the use of systematic screening procedures, the program shall identify students who are "at risk" of developing serious school adjustment problems and who could benefit from paraprofessional intervention. Once identified, these children shall receive service from carefully selected and trained child aides. By using less costly paraprofessional aides, many more children receive services, which will lessen the need for services in the future. This Program Page 1 includes an enhancemented component PALS (Positive Action for Life Success) that follows the same criteria. It allows for small social skills groups to be formed to help the same identified population improve communication, social, and self-esteem skills. Teacher/administrator evaluations are requested. C. TEEN COUNSELING The Teen Counseling program provides counseling services to junior and senior high school students. This program helps teens deal with school, family, and peer adjustment issues. This program is designed to provide short-term counseling, guidance with behavioral issues, and positive dialogue opportunities. Administrator evaluations are requested. D. YOUTH COUNSELING The Youth Counseling program provides assistance for elementary school-aged children who are in need of guidance with behavioral issues. Administrator evaluations are requested. E. EXCEL (EXPEREINCES IN CAREER, EDUCATION, AND LEADERSHIP) The Experiences in Career, Education, and Leadership (EXCEL) program provides high school age students that the Chino Valley Unified School District has identified as "homeless" with tools that will help them stay in school while providing them with the necessary job skills to find employment with local businesses. The program Case Manager provides job training opportunities for students in areas such as completing job applications; obtaining work permits; writing resumes; interviewing techniques; and dressing appropriately. F. CARE/CASE MANAGEMENT The McKinney-Vento Children's Academic Recovery Education (CARE) program assists children in the Chino Valley Unified School District who have been identified as "homeless" in assisting them with minimizing the educational disruptions. Case Manager/Counselor distributes CARE packages to the identified students, provide referrals to mental or physical health agencies, and follow-up on the progress of the students. Case Manager/Counselor will provide counseling to the students in the program at their perspective school sites. The Case Manager/Counselor will also provide referrals to families that pertain to their special needs. G. TUPE (TOBACCO USE PREVENTION EDUCATION PROGRAM) The Tobacco Use Prevention Education (TUPE) program consists of two intervention/prevention program: Project ALERT and the Minnesota Smoking Prevent Program (MSPP). Project ALERT is a substance abuse program designed to give junior high students insight, understanding, and actual skills for resisting substance abuse. The MSPP is designed to help sixth grade students resist the pressure to use tobacco. The program will help identify reasons kids smoke. H. PROGRESS REPORTS Page 2 Participation reports regarding programming activity shall be forwarded to the City of Chino Hills semi-annually. The first report shall summarize program activity from July 1 through December 31, 2013 and the second shall provide information from January 1 through June 30, 2014. These reports shall be delivered to the City of Chino Hills within 30 days after the end of the reporting period. Each set of reports shall include: A. INFORMATIONAL ITEMS: Items such as curriculum changes and brochures. B. STATISTICS - Statistical data indicating units of services provided to the residents of Chino Hills. C. PROGRAM EVALUATIONS: A narrative will summarize, analyze, and constructively critique the programs. It will provide participant breakdowns by schools and the results of the pre and post tests (where applicable). Program summary will be completed with the second half report. III. BILLINGS AND PAYMENTS A. BILLINGS Chino shall provide semi-annual billing statements to Chino Hills. These statements shall be included with the semi-annual progress report. Billing invoices shall include cost recovery for program administration and other related costs such as supplies. Program costs shall be reimbursed at a rate based on the "actual" percentage of Chino Hills students served for each program. The attached contract total reflects an estimated contract rate based on historical participation of 40%. In addition to program cost, 19% for General Overhead shall be due. General Overhead shall include 9.5% of City overhead and 9.5% of Community Services Department overhead. City overhead shall include expenses charged and distributed to the City Council, City Manager, City Clerk, Finance Department, City Attorneys Office, and all other staff and support services provided to the entire City organization as now organized and it may be reorganized in the future. Departmental overhead shall include expenses charged and distributed to the cost of each depai twent head and his/her supporting expenses. B. PAYMENTS Chino Hills shall remit payment to Chino within 30 days of receipt of billing statement. Payment shall be made payable to "City of Chino" and shall be sent to: City of Chino Community Services Department Attn: Rachel Cervantez 13220 Central Avenue Chino, CA 91710 Page 3 IV. MID-YEAR ADJUSTMENTS Many of the programs provided through this agreement are funded through grants from County, State and Federal entities. As such, unpredicted changes (such as, funding decreases, increases or elimination) may require mid-year adjustments to this agreement. Necessary adjustments shall be discussed by both parties, mutually agreed upon, and formalized through an amendment to this agreement. Any new programs received and/or developed mid-year shall be presented to Chino Hills for an opportunity to participate. Should additional services or programs be requested, the responsibilities and costs of such shall also be formalized through an amendment to this agreement. V. TERM, RENEWAL AND TERMINATION A. TERM AND RENEWAL This agreement shall, unless sooner terminated as hereinafter provided, remain in force for a period of twelve months commencing July 1, 2013 and terminating on June 30, 2014. Not earlier than one hundred-twenty (120) days, and not later than sixty (60) days, prior to the end of the term hereof, the parties agree to meet and confer to negotiate continuing this Agreement for the next succeeding year and the terms thereof; provided that neither party shall be required to continue this agreement beyond the original term, that neither party shall be required to negotiate for more than (60) days and that neither party shall be prevented from exercising any rights retained under this agreement solely because of such negotiations. B. TERMINATION At any time during the term hereof, the obligations of the parties hereunder may be terminated by either party with or without cause effective sixty (60) days after written notice to the other party of its election to so terminate. C. TEMPORARY CONTINUATION OF SERVICES Chino Hills may notify Chino upon termination of this Agreement that it continues to need the services of Chino while transitioning to another contractor with regard to the services provided hereunder. Upon receipt of such notice, Chino shall continue to provide services hereunder subject to the termination provisions of subsection B above. VI. NOTICE All notices under this Agreement shall be in writing and shall be delivered by courier service or by certified or registered mail, postage prepaid, return receipt requested, of the parties. Any written notice to any of the parties required or permitted hereunder shall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission (with confirmation of receipt), or seventy-two (72) hours after the mailing. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as Page 4 provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices of the parties shall be addressed as follows: To CHINO HILLS City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 To CHINO Tina Cherry City of Chino 13201 Central Avenue Chino, CA 91710 Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable. VII. INDEMNITY Each party shall defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities for personal injuries and property damage directly arising out of each party's performance of the Agreement. Each party shall provide liability insurance, $1,000,000.00 single limits, or if self-insured, shall provide proof of self-insurance to the other party. VIII. GOVERNING LAW This Agreement shall be governed by, construed in accordance with, and interpreted under the laws of the State of California and shall be deemed to have been entered into in Chino, California for purposes of venue no matter where actually executed. IX. SEVERABILITY If any provision of this Agreement shall be determined to be contrary to law or unenforceable, the remaining provisions shall, at the option of the party who would have been benefited by such unenforceable provision, be severable and enforceable in accordance with their terms. X. ENTIRE AGREEMENT This Agreement, the Schedules attached hereto and any other document delivered pursuant hereto, constitute the entire agreement of the parties. No changes, modifications, or additions to the Agreement shall be valid unless the same shall be in writing, signed by all parties hereto and made in accordance with the provisions of this Agreement. XI. AMENDMENTS This Agreement may be amended only in writing signed by all parties hereto. Page 5 XII. ATTORNEY'S FEES The Parties each agree that, in the event of any breach of this Agreement, the party aggrieved shall be entitled to recover from the party who breaches, in addition to any other relief provided by law, such costs and expenses as may be incurred by said party, including court costs, attorney's fees, and other costs and expenses, taxable or otherwise, reasonably necessary in preparing the defense of, defending against, or seeking or obtaining an abatement of, or an injunction against, such action or proceeding, or in enforcing this Agreement, or in establishing or maintaining the applicability of, or the validity of, this Agreement, or any provision thereof, and in the prosecuting any counterclaim or cross-complaint based thereon. XIII. COUNTERPARTS This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument but the parties agree that the agreement on file in the Office of Chino's City Clerk is the version of the agreement that shall take precedent should any differences exist among counterparts of the document. Page 6 CITY OF CHINO CITY OF CHINO HILLS APPROVED BY: APPROVED BY: G°n v 1 �n-C'A .CJ/ CITY MANAGER- Matthew C. Ballantyne MAYOR- Peter Rogers V difaildl3. 20/�i DATE DATE 0 ATTEST: ATTEST: CITY CLERK DATE CITY CL ��•� E it . 3,260 Approved as to Content: Linda Reich DATE Director of Community Services Approved as to Form: (Not required) Jimmy L. Gutierrez DATE City Attorney Page 7 74a 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 August 14, 2013 ,, /.// Tina Cherry City of Chino 13201 Central Avenue Chino, California 91710 Dear Ms. Cherry: RE: Agreement No. A13-48 At their regular meeting held August 13, 2013, the City Council of the City of Chino Hills authorized execution of Agreement No. A13-48 in the amount of $89,267 for the provision of human services for Fiscal Year 2013-14. Enclosed are two executed original agreements. Upon execution by the City of Chino, please return one original agreement to me for our files. Should you have any questions on this matter, you may contact Community Services Director Jonathan Marshall at (909) 364-2712. Very truly yours, CITY OF CHINO /HILLS V,/,//J// MI / / !. ind MARY M. M'D FFEE, CMC CITY CLE' Enclosure cc: Judy Lancaster, Finance Director Ray Hansen, Senior Administrative Analyst Alma Hernandez, Administrative Analyst II 64 Com' Art Bennett Ed M. Graham Ray Marquez ° Cynthia Moran Peter J. Rogers