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Chino, City of A2017-215CONTRACT NO.: A2017-215 APPROVED: 9-12-2017 AGREEMENT CITY OF CHINO AND CITY OF CHINO HILLS HUMAN SERVICES PROGRAMS FY 2017-2018 This agreement, entered into this 1st day of July 2017 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 (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. 1. 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, HOPE FAMILY RESOURCE CENTERS The HOPE Family Resource Centers are school-based service sites dedicated to preserving and strengthening local families in need of support. Eight resource centers, strategically located and accessible from all areas of the District, will house a bilingual Case Manager to work closely with school administration and district staff to identify students and families in need of.assistance. Two of the eight resource centers, Glenmeade Elementary School and the Alternative Edification Center, are located in the City of. Chino Hills. Once identified, counselors, family advocates, and community partners will work together to address issues, drawing on other resources for additional support. A Case Manager will be dedicated to assist (CARE) program children and their families in the District who have been identified as "homeless" in assisting them with minimizing the educational disruptions. The Case Manager will provide CARE packages to the identified students, referrals to mental or physical health agencies, and follow-up on the progress of the students. The Case Manager will also provide referrals for families that pertain to their special needs. Page 1 UN 0� Umo : 201 '- I b 5 Afe-ovtd ,. Ocll r? 4 B. 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. C. YOUTH COUNSELING The Youth Counseling program provides assistance for elementary school -aged children who are in need of guidance with behavic conducted at the end of each school year to adjustments for the following year. ral issues. Administrator evaluations will be gauge program success and to make program D. EXCEL (EXPERIENCES IN CAREER, EDUCATION, AND LEADERSHIP) The Experiences in Career, Education, and Leadership (EXCEL) program provides high school age students that the 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. E. CARE COUNSELING The McKinney-Vento Children's Academic Recovery Education (CARE) program assists children in the District who have been identified as "homeless" in assisting them with minimizing the educational disruptions. A Counselor is referred by the CARE Case Manager to provide counseling services to the student and/or family. The Counselor will provide counseling to the students in the program at their respective school sites. The Counselor will also provide referrals for families that pertain to their special needs. F. TUPE (TOBACCO USE PREVENTION EDUCATION PROGRAM) The Tobacco Use Prevention Education (TUPE) program consists of five intervention/prevention programs: Project ALERT is a substance abuse prevention program designed to give junior high students insight, understanding, and actual skills for resisting substance abuse. The Minnesota Smoking Prevention Program (MSPP) is designed to help sixth grade students resist the pressure to use tobacco. The program will help identify reasons why children smoke. Smokeless Saturday School (SSS) is an intervention program offered up to twenty-six Saturdays during the school year, on a rotating basis, at all high schools and junior high schools. The Adolescent Smoking Cessation Escaping Nicotine and Tobacco (ASCENT) will be offered during the fall and spring semester at Ayala and Chino Hills High Schools, Tobacco Advocacy will be conducted during one Health Science class per week for 16 weeks (one semester) at Ayala and Chino Hills High Schools. The program will consist of hosting one student advocacy day, which can include working with City or County government on policy, PSAs, art projects, Youth Decoy, Hollywood Media campaign, or peer education. Page 2 II. PROGRESS REPORTS Participation reports outlining 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, 2017, and the second shall provide information from January 1 through June 30, 2018. 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, 22% for General Overhead shall be due. General Overhead shall include 22% of Community Services Department overhead. Community Services Department overhead shall include expenses charged and distributed to the Human Services Program budget. 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: Janelle Bower 13220 Central Avenue Chino, CA 91710 IV. FUNDING AND MID -YEAR ADJUSTMENTS The services to be provided in this agreement are conditional upon funding availability and may immediately terminate should the funding be eliminated. In the event of unpredicted changes (such Page 3 as, funding decreases or increases) a mid -year adjustment to this agreement may be required. 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, 2017, and terminating on June 30, 2018. 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. 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 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: Ted Bistarkey City of Chino 13201 Central Avenue Chino, CA 91710 Page 4 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. 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. Page 5 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. CITY OF CHINO CITY OF CHINO HILLS APPROVED BY: APPROVED BY: Matthew ' . B 6ne, City Manager Ray M/z, Mayor DATE DATE ATTEST: ATTEST: Angela obles, City Clerk DATE Cheryl Balz, City Clerk DATE LjRfla Reich Director of Community Services APPROVED AS TO FORM: (Signature Not Required) APPROVED AS TO FORM: DATE City Attorney Approved by Fred Galante, City Attorney, on August 16, 2017. 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