Att B - AGR BACR FY23-24 with exhibits 071323 — San Pablo City Council, July 17, 2023

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AGREEMENT FOR PROGRAM SERVICES BETWEEN THE CITY OF SAN PABLO

AND BAY AREA COMMUNITY RESOURCES

THIS AGREEMENT (“Agreement”), effective the 1st day of July, 2023 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and Bay Area Community Resources , a California non-profit public benefit corporation, (“Agency) (individually, a “Party,” and collectively, the “Parties”).

RECITALS

WHEREAS, the City has partnered with Agency for more than ten (10) years, since at least 2012, supporting efforts to provide resources to children enrolled in San Pablo schools and their families;

WHEREAS, on August 7, 2017, City and Agency entered into an agreement to provide coordination of community schools under the San Pablo Community Schools Initiative, now called the San Pablo Beacon Community Schools initiative in which the City provided fun ding to expand and/or enhance school-based services for children, youth and families, which agreement continued through June 30, 2023;

WHEREAS, West Contra Costa Unified School District (“WCCUSD”) has provided matching funds of $100,000 per fiscal year from Fiscal Year 2017-18 through Fiscal Year 2022-23;

WHEREAS, during Fiscal Year 2022-23, the City and Agency expanded Agency’s services to include provision of violence prevision and intervention services at Richmond High School, services previously provided by another nonprofit agency;

WHEREAS, City desires to engage Agency to provide continued coordination of community schools under the San Pablo Beacon Community Schools Initiative at six San Pablo school sites and continued provision of violence preven tion and intervention services at Richmond High School (“Services”) as further set forth in this Agreement , with the understanding and expectation that WCCUSD will provide matching funds in the amount of $118,000 for the San Pablo Beacon Community Schools Initiative for Fiscal Year 2023-24, to be paid by WCCUSD to the City via a separate agreement;

WHEREAS, Agency desires to enter into the Agreement described herein with the City;

WHEREAS, the City desires to engage a n agency who will act at all times in the City’s best interest and will respect the trust and confidence placed in that agency by the City; and

WHEREAS, Agency has represented to City that Agency has the special training, skill , competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Agency and the City agree as follows:

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TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services. Agency agrees to provide the Services to the City as specified in, and comply with all requirements set forth in, collectively: Exhibit A (Scope of Services: Beacon Community Schools Initiative ), Exhibit B (Scope of Services: Violence Prevention & Intervention Services at Richmond High School ), Exhibit C (Scope of Services: General Service Requirements), Exhibit D (Scope of Services: Beacon Director & Agency Meeting Participation), Exhibit E (Scope of Services: WCCUSD Requirements), Exhibit F (Scope of Services: Project Budget & Agency Match Requirement), and Exhibit G (Scope of Services: Reporting Schedule), all of which are attached and incorporated herein . Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.” In addition, Agency must comply with all obligations imposed on the City under any agreement the City may enter into with WCCUSD related WCCUSD’s funding of any portion of Agency’s provision of services under this Agreement , and City shall provide Agency with a copy of any such agreement between the City and WCCUSD within 10 days of final execution. .

C. Quality of Performance . Agency will provide the Services and any authorized Additional Services in accordance with the standards of its profession ; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager”). Agency represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Agency is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If, during the course of this Agreement, the City Manager notifies Agency that the Services are not satisfactory, in whole or in part, Agency will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815. 6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Agency’s obligation under this paragraph.

D. COVID-19 Pandemic . All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Agency shall comply with these requirements and contact City staff immed iately if there is any issue with compliance. In addition, all contractors/agencies providing services at City facilities or City worksites must comply with all City’s current COVID policies on-site as they may be amended from time to time, and all contractors/agencies providing services at WCCUSD facilities or WCCUSD worksites must comply with all WCCUSD’s current COVID policies on-site as they may be amended from time to time.

E. Time is of the Essence. In the performance of this Agreement, time is of the essence.

Agency must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”

F. Primary Service Provider . The City has approved of the Bay Area Community Resources Staff as Agency’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

(2) Compensation. As full compensation for the satisfactory and timely performance of the Services that satisfy the milestones, performance commitments and outcomes specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Agency on a “cost-of-services” basis a sum not to exceed Seven Hundred Eighty-Five Thousand Dollars ($785,000) as follows:

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▪ Up to $608,063 for Beacon Director salaries and benefits at six San Pablo Community Schools, provided however, that the City has no responsibility to pay Agency the $118,000 in matching funds the City anticipates receiving from WCCUSD for Beacon Director salaries and benefits unless the City actually receives those funds.

▪ Up to $140,937 for Complementary Service Programs at six San Pablo Community Schools.

▪ Up to $36,000 for Violence Prevention & Intervention Program Services at Richmond High School.

The City has no responsibility for payments WCCUSD may owe the Agency under any separate agreement between A gency and WCCUSD, including without limitation, any matching funding WCCUSD may provide to Agency for Violence Prevention & Intervention Services at Richmond High School under a separate agreement.

Agency will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Agency, verifying that the invoiced Services have been performed. Agency will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Exhibits.

(3) Additional Services. In addition to the Services included in Section (1), “Scope of Services,” the Parties may from time to time agree that Agency will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section (25), “Amendments,” before Agency may begin providing the Additional Services. Agency will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Agency believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Agency will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.

(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on June 30, 2024. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.

(5) Assignment and Subcontracting . A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Agency. The assignment or subcontracting of this Agreement by Agency, or any interest therein, is prohibited without the prior written appro val of the City Manager. The Agency is responsible for ensuring that the subcontractors comply with all Page | 4

provisions of this Agreement, including without limitation, the scope of services and WCCUSD requirements, retention of records in Section 9, and insurance requirements in Section 15.

(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Agency, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Agency is solely responsible for the means and methods by which it provides the Services. Agency is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws a nd regulations governing such matters. Agency is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Agency will not represent, at any time or in any manner, that Agency is an employee of the City. Agency will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Agency acknowledges that the City will provide no training.

Agency will provide whatever tools and materials that are necessary to complete a client engagement.

Agency is free to accept, and has accepted in the past, other client engagements. Agency is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Agency is hired on a temporary basis only, and that if the City and/or Agency desires to continue Agency’s services after expiration of the Term or termination of this Agreement, Agency must enter into a new agreement.

(7) Billings. Agency's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to-exceed amount; (e) the amount previously billed; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount ; and (k) the Agency’s signature. Except as specifically authorized by City, Agency will not bill City for duplicate Services performed by more than one person. Agency may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above. Agency is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Agency in the performance of this Agreement. All billings or invoices shall be sent by email to [email protected], unless the City directs in writing that billings or invoices should be provided to the City in a different way.

(8) Advice and Status Reporting. Agency will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Agency pending timely delivery of all such reports and information. Agency will promptly notify the City Manager of any matters that could adversely affect Agency’s ab ility or eligibility to continue to provide S ervices under this Agreement.

(9) Retention of Records. Agency’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Agency will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Agency will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City ’s request, or upon expiration or termination of this Agreement, Agency will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, Page | 5

financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section ( 9) will survive e xpiration of the Term or termination of the Agreement.

(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Agency under this Agreement exceeds $5,000, any document or written report prepared by Agency for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.

(11) Record and Fiscal Control System . Agency will maintain its financial records and fiscal control systems in a commercially reasonable manner. Agency will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due . Agency will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.

(12) Access to Records; Audits. The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Agency relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.

In the event that the City determines, from review of any reports, inspection of records or any other source, that there is a problem or discrepancy regarding Agency ' s compliance with the terms and conditions of this Agreement, including but not limited to the Contract Budget, then the City shall, in its sole discretion, have the right to require an audit relating to the Scope of Services and Agency's compliance hereunder. in the event the City elects to require an audit, the City shall notify Agency and the following provisions set forth below shall apply.

A. Agency shall enter into an agreement with an outside auditor no later than thirty (30) days from the date of City' s notice calling for a financial audit of Agency hereunder. The written agreement may be in the form of an engagement letter prepared by the auditor and approved by Agency.

An amount equal to the Agency's estimated cost of an Independent audit may be set aside from the Contract Funds by the City.

B. Should Agency not enter into the agreement with an outside auditor or should an audit not be done on a timely basis, the City, at its discretion, may enter into an agreement with an independent auditor to do the audit and utilize Agency's set -aside funds for the audit.

C. The audit report must be completed and sent to the City Manager within one hundred twenty (120) days from City' s notice calling for an audit of Agency. The audit shall conform with generally accepted auditing principles.

D. Agency shall submit to the City copies of management letters the auditor prepares for the Agency as a part of the audit engagement.

E. All audits must be done by Certified Public Accountants currently certified to practice in the State of California. Agency must have proof of current licensing included at the time the audit is Page | 6

submitted to the City. A certification to practice in California must accompany the audit when submitted to the City.

F. In the event that the result of any such audit shows a discrepancy from the contract budget or misuse funds equal to five percent ( 5%) or less total contract not to exceed amount for any fiscal year, then the cost of the audit shall be borne fifty -fifty (50% by Agency and 50% by the City). In the event that the result of any such audit shows a discrepancy from the total contract not to exceed amount for any fiscal year or misuse of funds equal to more than five percent ( 5%) of the total contract not to ex ceed amount for any fiscal year, then Agency shall be responsible for the entire cost of the audit.

Notwithstanding the foregoing, the City shall have the right for any reason whatsoever to perform, or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. Agency will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report, Costs of such independent audits shall be borne by the City.

Agency Is liable for repayment of disallowed costs as determined by the City. Disallowed costs may be identified through audits, monitoring or other sources.

(13) Agency’s Testimony. Unless the Services include serving as an expert witness, Agency agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Agency’s Services. This Section (12) will survive expiration of the Term or termination of the Agreement.

(14) Assignment of Personnel . Agency will only assign competent and qualified personnel to perform the Services. If City asks Agency to remove a person assigned to the Services, Agency agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

(15) Insurance. Before it may begin performing Services under this Agreement, Agency must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Agency and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement.

All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Agency fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Agency’s expense and deduct the cost from payments due to Agency, suspend performance of the Services under the Agreement, or terminate Agency for default.

The procurement of the required insurance will not be con strued to limit Agency’s liability under this Agreement or to fulfill Agency’s indemnification obligations under this Agreement. If coverage limits carried by Agency exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits. Agency must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Agency or its subconsultants or subcontractors in the performance of the Services, which shall include coverage related to sexual abuse or molestation, including products and completed Page | 7

operations, property damage, bodily injury and personal and advertising injury with limits of at least $ 3,000,000.00 per occurrenc e and $5 million general aggregate. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $2,000,000.00 combined single -limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability Insurance: If the Agency has employees, the policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

In accordance with provisions of section 3700 of the California Labor Code, the Agency shall be required to secure workers’ compensation coverage for its employees. If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not prote cted under the Workers’ Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services.

4. Professional Liability: The professional liability insurance policy must insure against the Agency’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit. Any deductible or self - insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Agency for this Agreement, and the coverage must continue in effect for five years following final payment to Agency. The following provisions apply if the professional liability policy is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.

b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replace d with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Agency must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Agency’s cost, any extended reporting provisions of the policy if the Agency cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City before Agency may begin performing Services under this Agreement.

B. Required Endorsements . The insurance provided by Agency must include the following endorsements as specified below. The endorsements must be executed by a person Page | 8

authorized to bind the issuing insurer . The endorsements are to be provided on forms provided , specified, or approved by the City . As an alternative to the City’s forms, the Agency’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, and West Contra Costa Unified School District (WCCUSD), and their officers, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Agency’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals form CG 20 07 may be used. Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds.
c. The insurance provided by the Agency is primary and no insurance or self - insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Agency to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds. e. The coverage o r endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non-payment of premiums, in which case 10 days written notice is required.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City and/or WCCUSD. Agency hereby agrees to waive subrogation which any insurer of Agency may acquire from Agency by virtue of the payment of any loss.

C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions for the required insurance policies are subject to prior approval by the City Manager. Before beginning performance of the Services, Agency must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies. If the City Manager determines that the deductible or self- insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Agency must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Agency may not increase any deductibles or self-insured retentions with respect to the Additional Insureds, with out the prior written consent of the City Manager. The City Manager may condition such consent upon the Agency procuring a bond or financial guarantee that is satisfactory in Page | 9

form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or Subcontractors. Agency must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Agency under this Section (15), with respect to its performance of Services, including the required endorsements. Agency must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Agency must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Agency insurance obligations.

(16) Indemnification. Agency shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to both City and WCCUSD ) and hold harmless C ity, WCCUSD and their representatives, trustees, employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Agency, its officers, employees, agents, volunteers, subcontractors or sub-consultants, or any negligent or wrongful act or omission of Agency or Agency’s officers, employees, agents or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation , all claims, losses, damages, penalties, fines, and judgment s; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Agency’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of Indemnified Parties.

1. The duty to defend is a separate and distinct obligation from the Agency’s duty to indemnify. The Agency shall be obligated to defend, in a ll legal, equitable, administrative, or special proceedings, with counsel approved by the City and WCCUSD, Indemnified Parties immediately upon tender to the Agency of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Agency from its separate and distinct obligation to defend Indemnified Parties . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Agency asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party.

2. In the event that Agency or any employee, agent, subconsultant or subcontractor of Agency providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) or the California State Teachers Retirement System (“CalSTRS”) to be eligible for enrollment in PERS as an employee of City and/or CalSTRS as an employee of WCCUSD, Agency shall indemnify, defend, and hold harmless City and WCCUSD for the payment of any employee and/or employer contributions for PERS and/or CalSTRS benefits on behalf of Agency or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City and/or WCCUSD.

3. The review, accep tance or approval of the Agency’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.

The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

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4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Agency from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Agency acknowledges and agrees to the provisions of this Section and tha t it is a material element of consideration, and that these provisions survive the termination of this Agreement.

(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Agency, its employees, agents, or subcontractors by federal or state law, Agency warrants that such license has been obtained, is valid and in good standing, and Agency shall keep it in effect at all times during the Term of this Agreement. Agency, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Agency and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident ” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law. Agency represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Agency shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupation al qualification pursuant to the California Fair Employment and Housing Act. Agency shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 ( “ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Agency shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Agency shall contact the EDC at [email protected] or 510 -215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Agency of the Services required hereunder.

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Notice of termination of this Agreement shall be given in writing to the Agency, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section (37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminate s this Agreement, the Agency shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Agency or its employees, or services of others ordered by the Agency or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Agency or its employees are not able to cancel such orders for materials or services of others. Compensation for the Agency in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Agency. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Agency with one day’s written notice of such termination if Agency violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Agency fails to perform any of the obligations required of Agency within the time and in the manner provided for under the terms of th is Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Agency, shall be charged to the Agency.

C. Immediate Termination. City may terminate this Agreement immediately in any case where the Agency engages in fraudulent or criminal activities while performing the S ervices, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.

(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Agency pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Agency and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.

Should the Agency not expend funds allocated under this agr eement in accordance with any Project Expenditure Rate that may have been established as part of the Contract Budget, the City may recapture and reprogram any such under -expenditures unilaterally and without the need for further amendment of this agreement . Changes between major budget categories of the Contract Budget of less than ten percent (10%) of the lessor major budget category need not be incorporated by written amendment; however, the City must approve any such changes in writing. . Changes to the City's Agreement numbering system, fund source or coding may be made unilaterally by the City and without the need for amendment of this Agreement. The Agency shall be notified in writing of any changes in the Agreement number, fund source or coding assigned by the City, provided, however, that the total compensation allocated by the City through this Agreement does not change.

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(23) Abandonment by Agency. In the event the Agency ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Agency shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable val ue of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. Agency agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Agency, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Agency under the Agreement had Agency completed the Services.

(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.

(25) No Third-Party Rights. The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

(27) Compliance with Laws. In the performance of this Agreement, Agency shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Agency warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations and the Child Abuse and Neglect Reporting Act, California Penal Code Section 11164 et. seq.

(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California , and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no othe r place. Agency hereby waives the removal provisions of Code of Civil Procedure section 394.

(29) Breach. In the event that Agency fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Agency shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’s fees.

(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Agency’s performance of the Services, files, and work product.

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(31) Conflict of Interest. Agency warrants and covenants that Agency presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Agency shall promptly notify City of the existence of such conflict of interest so that the City may determine wheth er to terminate this Agreement. Agency further warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this Agreement.

(32) Copyright. Upon City's request, Agency shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Agency or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

(36) Multiple Copies of Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.

(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Agency: Don Blasky, Chief Programs Officer
Bay Area Community Resources
171 Carlos Drive
San Rafael, CA 94903

To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered fo rty-eight hours after having been deposited in the United States mail.

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IN WITNESS WHEREOF, Agency has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation

By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager

Date signed:___________________________

BAY AREA COMMUNITY RESOURCES

By ___________________________________
Don Blasky, Chief Program Officer

Date signed:___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk

Attachments: Exhibit A - Scope of Services: Beacon Community School Initiative Exhibit B - Scope of Services: Violence Prevention & Intervention Services at Richmond High School
Exhibit C - Scope of Services: General Service Requirements Exhibit D - Scope of Services: Beacon Director & Lead Agency Meeting Participation
Exhibit E - Scope of Services: WCCUSD Requirements
Exhibit F - Scope of Services: Project Budget & Agency Match Requirement Exhibit G - Scope of Services: Reporting Schedule

____________
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EXHIBIT A
SCOPE OF SERVICES: BEACON COMMUNITY SCHOOL INITIATVE

INTRODUCTION

On November 21, 2011, the City of San Pablo City Council passed a resolution to develop a San Pablo Full Service Community Schools (FSCS) Initiative with the goal of transforming all schools in San Pablo into Full Service Community Schools (Community Schools). In a Community School, WCCUSD, City, county, community and faith-based organizations, businesses, families, and philanthropists form a strong, deep, and transparent partnership to jointly address the identified needs of students, families, and the community in a comprehensive, integrated, and accountable way.

On February 16, 2015, The Youth, School, and Community Partnership Division’s (YSCP) Team For Youth (TFY) Grant Program was redirected as the funding arm of the City of San Pablo’s Community Schools Initiative to support agencies interested in expanding or enhancing school-based programs and services for San Pablo youth and families in alignment with the Community Schools Initiative. On May 15, 2017, City Council approved the renaming of the initiative to the San Pablo Beacon Community Schools Initiative (SPBCSI) to reflect San Pablo joining the Beacon National Network.

SERVICE DESCRIPTION

In serving as Agency for six Community Schools, Bay Area Community Resources (BACR) is responsible for the following:

Advocacy & Communication
• Establishes and maintains mutually beneficial relationships with key internal and external stakeholders including families, WCCUSD staff, local businesses, leaders, and community- based organizations, etc.
• Promotes the SPBCI, its programs and services, through marketing, social media, and communications.

Strategic Planning & Sustainability
• Develops consensus among key stakeholders in alignment with the SPBCI vision, goals, and priority service areas.
• Provides a work plan documenting SMART (specific, measurable, achievable, realistic, timely) goals and strategies to achieve identified priorities.
• Provides Agency match funding as set forth in Exhibit F. • Demonstrates and documents best practices and progress toward established Initiative vision, and concrete results for children, youth, and families in the school community and neighborhood.

Staffing & Program Development
• Hires, supervises, trains and provides performance reviews of six (6) Beacon Directors and staff. Include City of San Pablo and WCCUSD in hiring of Beacon Directors. • Oversees day to day operations of the Initiative activities, programs and services. • Provides professional development for Beacon Directors to maintain high quality staff. • Supports Beacon Director integration within the school, Agency, and community. • Develops, implements, and improves program offerings based on children, youth and family Page | 16

strengths and needs.
• Oversees subcontracting contract development and compliance. • Fosters innovation in youth development, community development and education strategies. • Regularly assesses and documents program and staff progress. • Supports and participates in City of San Pablo programs and signature events. • Maintains ongoing communication with City of San Pablo staff.

Fiscal Management & Minimum Grant Requirements
• Provides financial oversight of all SPBCSI programs and services. • Develops accurate, comprehensive, up to date budgets to the City of San Pablo • Ensures adequate cash flow and timely invoicing of the City of San Pablo. • Provides timely reports to City of San Pablo.
• Provides all required insurance documents to the City of San Pablo • Monitors and meets participant and attendance targets for SPBCSI programs and services.

Additionally, BACR will employ 1 full-time Beacon Director at each of the following six Community Schools, for a total of six (6) full-time Beacon Directors:

School Name School Location
Bayview Elementary School 3001 16th Street, San Pablo, CA 94806 Dover Elementary School 1870 19th Street, San Pablo, CA 94806 EM Downer Elementary School 1231 18th Street. San Pablo, CA 94806 Walter T. Helms Middle School 2500 Road 20, San Pablo, CA 94606 Lake Elementary School 2700 11th Street, San Pablo, CA 94806 Riverside Elementary School 1300 Amador Street. San Pablo, CA 94806

Community School Coordination

The Beacon Directors contribute to San Pablo’s vision for its children, youth, and families to thrive in a safe, diverse, and inclusive community and for all children and youth to receive equitable support for intellectual, social, emotional, and physical health and well-being. The Directors will be supervised by the Agency Program Manager in collaboration with the COSP YSCP Community Services Manager.

Job Overview:

The Beacon Director serves as the lead for each school’s community partnerships and coordination of services teams, co -lead, co -develop, and support school -wide systems focusing on positive school culture and community engagement, facilitates internal comm unication, and supports data collection, analysis, and communication to the larger school community. The Beacon Director is also engaged and/or co -leads in the site’s Community School Action Collaborative, which can take form as the school’s School Site Co uncil, or a separate oversight team. The Beacon Director works closely with their respective school principal, staff, community partners, and Agency to plan, align priorities, and implement Complementary Services Programs. In addition, each school and its administration, may work directly with the Beacon Director and Agency to add other focus areas to address specific and emergent needs at their respective school sites.

Examples of Job Responsibilities
• Co-facilitate Care Team Meetings
• Track and monitor Mental Health and Care Team referrals in electronic database Page | 17

• Attend relevant ongoing school site staff meetings and trainings • Refer students to outside agencies for additional supports • Develop and convene school’s Community School Action Collaborative to address site level needs
• Coordinate City, WCCUSD, and community-based organization services at school site • Submit monthly reports to the City of San Pablo’s YSCP Staff • Plan and facilitate Career/College and Literacy events at school site • Develop positive relationship with Administration, teachers, and staff at school site as well as COSP, WCCUSD and Contra Costa County staff
• Complete other duties as assigned and attend other site level, community, and WCCUSD meetings as needed in support of the SPBCSI
• Participate in COSP ongoing meetings and trainings including: 1-1 check ins with COSP YSCP Staff, bi-monthly Beacon School Site meetings (Beacon Directors and Principals), annual Summer End of Year Retreat, annual trainings on evaluation and budget management. • Participate in Agency staff and administrative functions as requested.

COMPLEMENTARY SERVICES PROGRAM

The City will provide funding for the Complementary Services Programs set forth in Exhibit F for the eligible uses set forth below at the Community Schools. Allocation of Complementary Service Program funds must be approved in writing by the City.

• Core Program Funds: These are flexible funds that can be used for identified needs at the school, in consultation among the Beacon Director, School Administration, Agency, and City. With City’s written authorization, Core Funds may be used to augment Beacon Director salaries and benefits in appropriate circumstances.

• Focused Strategy Area Program Funds: The City establishes focused strategy areas at the onset of each City funding cycle, based on identified community needs at particular school sites. These focused strategy areas may change or be eliminated in future funding cycles as depending on future community needs assessment results and City budgetary constraints and approvals.

Youth Leadership and Development Program Funds

Beacon Directors at all Community School sites, in partnership with school administrators, will identify an eligible service provider (subcontractor) to deliver program services under the Youth Leadership and Development strategy area at each school site.

Literacy Program Program Funds

Beacon Directors at all Community School sites, in partnership with school administrators, will coordinate literacy enrichment activities and events such as reading contests, Read-Aloud Nights, and culturally themed literacy enrichment activities throughout the school year.

Violence Prevention & Intervention Services Funds

Beacon Directors at Bayview Elementary and Dover Elementary, in partnership with school administrators, will coordinate violence prevention and intervention services such as gender or cultural support groups, counseling, individual or group therapy, and conflict mediation. Bayview and Page | 18

Dover were selected to receive these funds due to the higher rates of referrals, truancy and suspension at both schools.

VERIFICATION

The Agency shall maintain in project files, a record of the verification documents for the program.

Verification documents may include referral forms, contact form records, completed needs assessments, signed parental release forms for participation, attendance records, etc.

PERFORMANCE MEASURES

In collaboration with an evaluator, the City will monitor Agency’s adherence to the evaluation model, including data collection activities, continuous improvement, and reporting on the impact of services on children, youth, and families.

Evaluator will track each Community School’s progress toward establishing strong relationships with school and community partners, developing communication systems and protocols, and supporting family engagement, health & wellness services, and school culture & climate.

Evaluator will leverage performance frameworks and evaluation tools developed by WCCUSD and the City of San Pablo to assure that data collected aligns with stated expectations for service quality and focus.

The San Pablo Team for Youth Program Evaluation system explores the extent to which programs meet their goals for youth and families served, the quality of the services provided, and evidence that participants benefitted from their involvement.

➢ Participation documents the total number of youth and families served each year, along with the total days youth and families participate in each program cycle. ➢ Quality is the experience of youth in the programs. High quality youth programs are more likely to benefit youth than lower-quality programs.
➢ Benefits to participants measures are drawn from the City of San Pablo’s focal assets – Support, Empowerment, Commitment to Learning, and Social Competencies. Each grant strategy has a tailored set of outcome measures based on the program design.

Beacon Directors are responsible for data collection as required and complying with any monitoring and reporting requests that are made by the Evaluator during the evaluation process. The Evaluator will work with Beacon Directors to develop and distribute surveys that will track these performance measures.

Performance Measure 1: Participation

Participation is measured based on the extent to which programs are serving the targeted number of youth and the extent to which youth attend frequently and regularly. Overall enrollment, number of days attended, and percent of days attended will be collected from attendance data submitted by programs to the City of San Pablo.

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Performance Measure 2: Quality

Program quality is defined by the extent to which programs are safe, supportive, interactive, and engaging. Quality is assessed based on youth surveys and observations from site visits.

Performance Measure 3: Benefits

Benefits to youth are defined by the extent to which youth perceive stronger community assets of Empowerment and Support as well as the extent youth report stronger internal assets of Social Competencies and Commitment to Learning. Benefits to youth are assessed based on youth surveys.

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EXHIBIT B
SCOPE OF SERVICES: VIOLENCE PREVENTION & INTERVENTION SERVICES

AT RICHMOND HIGH SCHOOL

Agency will deliver violence prevention and intervention services using City of San Pablo funds at Richmond High School (RHS) in the 2023-24 school year.

SERVICE SPECIFICATIONS

This scope reflects City funding to deliver violence prevention and intervention services at RHS that reflects the current needs of the student population and done in consultation and collaboration with school administration.

Services can include but are not limited to: individual and group therapy, supportive support and crisis intervention, empowerment circles, gender-specific supportive services, human trafficking awareness and prevention, and sexual harassment and sexual assault prevention and education services.

In the event Agency wishes to contract out some or all of these services to a subcontractor, Agency must obtain written approval from City staff and the subcontractor must comply with all WCCUSD and COSP contractual and partnership requirements.

PERFORMANCE MEASURES

For the work at Richmond High School, BACR agency staff are responsible for data collection as required and complying with any monitoring and reporting requests that are made by the Evaluator during the evaluation process. The Evaluator will work with agency staff to develop and distribute surveys that will track these performance measures.

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Performance Measure 1: Participation

Performance Measure 2: Quality

Program quality is defined by the extent to which programs are safe, supportive, interactive, and engaging. Quality is assessed based on youth surveys and observations from site visits.

Performance Measure 3: Benefits

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EXHIBIT C
SCOPE OF SERVICE: GENERAL SERVICE REQUIREMENTS

Clients Served

1. Agency shall serve children and youth residing or attending school in San Pablo, ages 5-24 and their families. The San Pablo schools are the following:
• Bayview Elementary School
• Dover Elementary School
• EM Downer Elementary School
• Helms Middle School
• Lake Elementary School
• Riverside Elementary School
• Richmond High School

2. Agency shall not require individuals who are eligible for services under the terms of this Agreement to participate in other related projects or services as a prerequisite to receiving services under this Agreement.

3. Agency shall provide immediate short -term emergency response services as needed and in accordance with its expertise and capacity. Agency recognizes and agrees that, from time to time, the City may need to coordinate and/or make referrals to Agency. In a ddition, if Agency delivers services on any school campus, Agency shall adhere to the WCCUSD's emergency protocol and procedures.

4. Agency shall maintain timely and accurate records which reflect service levels, participant characteristics, service outcomes and expenditures under the terms of this Agreement.

5. Agency shall provide information and referral to other appropriate agencies if youth cannot be served by the Agency.

6. Agency shall participate in CARE Team meetings, Site Action Collaborative, staff meetings, and other school -based meetings with the goal of coordinating care for students and families and working collaboratively within the school community.

Personnel

7. Agency shall notify Community Services YSCP Staff of all staff changes affecting the pr oject funded through this Agreement within seven (7) days of the resignation, separation, or any other change. A plan for replacing the staff person will be submitted to the City within fourteen (14) days of the resignation, separation, or any other change. This plan will include timelines for replacing the staff person. The Agency will make an effort to prioritize filling positions to ensure continuity of services.

8. Agency shall comply with California Penal Code section 11105.3, or successor statute. Under section 11105.3, Agency shall obtain criminal record information for each and every person who applies for an employment or volunteer position with Agency, in which he or she would hold a supervisory or disciplinary power over any minor or any person under his or her care pursuant. Agency shall demonstrate to the satisfaction of City that it has acceptable protocols in place for the acquisition and maintenance of such information and for the screening and retention Page | 23

of employees and volunteers.

Evaluation

9. Agency will work with the City’s evaluator and participate in activities that assess the effectiveness of San Pablo TFY program services. This includes the distribution, gathering and submission of applicable youth surveys and the coordination and execution of external site visits.

10. Agency shall maintain client demographic data and complete the required City client reports, which will include inputting client information to an online database in a consistent and timely manner.

11. Agency representative shall attend trainings hosted by and/or funded by the City for continuous program quality improvement and staff development.

12. Agency shall assist the City with additional assessment and reporting needs regarding San Pablo TFY funded services. Agency's assistance will include, but not be limited to, assistance with outreach to persons served by Agency's Scope of Services in order to promote meaningful discussion in evaluation and needs assessment.

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EXHIBIT D
SCOPE OF SERVICES: BEACON DIRECTOR & AGENCY MEETING PARTICIPATION

1. Agency fully understands that this Agreement serves as a public commitment to partner with the City of San Pablo towards the success of the Community Schools Initiative, Where Community Supports Education and Education Supports Community.

2. All Beacon Directors shall participate and attend the San Pablo Beacon Director meetings to ensure communication, coordination, and linkage of services for youth and families served by the funding provided through the City of San Pablo’s Team For Youth program.

3. Agency agrees to participate and attend Lead Agency Meetings to work toward the strategic goals and objectives of the YSCP Division and Team For Youth Grant Program. Agency further understands and accepts that the Beacon Director s depend upon Bay Area Community Resources to fully participate in the implementation of the se goals and objectives. Less than full participation may adversely impact the ability of the Initiative to complete its purpose.

4. Due to the sensitive nature of some of the information shared, Beacon Directors must maintain strict confidentiality regarding matters exchange d within informational and collaboration meetings among Agency, City, and/or partners . Beacon Directors and Agen cy staff will collaborate with partners to carry out agreed upon programs and services. Confidential information may be shared only with partners that have a current executed Agreement and/or MOU with the City of San Pablo or WCCUSD.

5. Agency and all Beacon Directors must comply with the confidentiality laws prescribed in section 830.1 of the California Welfare and Institutions Code , or successor statute , the current text of which is set forth below.

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(excerpt)

CALIFORNIA CODES

WELFARE AND INSTITUTIONS CODE
SECTION 825-830.1

830.1. Notwithstanding any other provision of law, members of a juvenile justice multidisciplinary team engaged in the prevention, identification, and control of crime, including, but not limited to, criminal street gang activity, may disclose and exchange nonprivileged information and writings to and with one another relating to any incidents of juvenile crime, including criminal street gang activity, that may also be part of a juvenile court record or otherwise designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or control of juvenile crime or criminal street gang activity. Every member of a juvenile justice multidisciplinary team who receives such information or writings shall be under the same privacy and confidentiality obligations and subject to the same penalties for violating those obligations as the person disclosing or providing the information or writings. The information obtained shall be maintained in a manner which ensures the protection of confidentiality.

As used in this section, "nonprivileged information" means any information not subject to a privilege pursuant to Division 8(commencing with Section 900) of the Evidence Code.

As used in this section, "criminal street gang" has the same meaning as defined in Section 186.22 of the Penal Code.

As used in this section, "multidisciplinary team" means any team of three or more persons, the members of which are trained in the prevention, identification, and control of juvenile crime, including, but not limited to, criminal street gang activity, and are qualified to provide a broad range of services related to the problems posed by juvenile crime and criminal street gangs. The team may include, but is not limited to:

(a) Police officers or other law enforcement agents.
(b) Prosecutors.
(c) Probation officers.
(d) School district personnel with experience or training in juvenile crime or criminal street gang control.
(e) Counseling personnel with experience or training in juvenile crime or criminal street gang control.
(f) State, county, city, or special district recreation specialists with experience or training in juvenile crime or criminal street gang control.

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EXHIBIT E
SCOPE OF SERVICES: WCCUSD REQUIREMENTS

WCCUSD Community Partnership Process

The West Contra Costa Unified School District’s Community Partnership Process is the point of entry for community partners in the WCCUSD. The process streamlines partnerships, increases alignment of services with school site needs, ensures student safety, and creates a detailed inventory of programs and services available to students and families. Agency is required to complete the Community Partnership Process and obtain WCCUSD badges for all staff who are providing school- based services, and comply with all WCCUSD policies.

WCCUSD FERPA Confidentiality Agreement

The City of San Pablo’s Youth, School and Community Partnerships Division is working with an evaluator to evaluate its City-led and grantee-led programs. Evaluation reports will support programs’ continuous quality improvement and provide the public with information about the quality and benefits of the youth programs.

A key component of the evaluation is to determine to what extent City of San Pablo youth programs recruit and retain youth. Accurate program attendance tracking is essential to this evaluation’s success.

The City of San Pablo worked with Cityspan to create an attendance tracking system that is pre- populated with basic student directory level data from WCCUSD. This will greatly reduce the administrative burden of data entry as well as create a quality control mechanism.

This Cityspan data will solely be used to analyze youth demographics and participation patterns in San Pablo programs. Information will only be reported in aggregate.

As stated in the WCCUSD Form H- FERPA Confidentiality Agreement,

“§ 99.31 of the FERPA Regulations permits the District to disclose protected records to a contractor with a legitimate educational interest in the record, provided that the contractor (1) performs an institutional service or function for which the District would otherwise use employees, (2) is under the direct control of the District with respect to the use and maintenance of education records, and (3) is subject to the requirements of § 99.33(a) of the FERPA Regulations governing the use and redisclosure of personally identifiable information from education records; and whereas, the Parties desire for Vendor to comply with all Confidentiality Laws to ensure the prevention of any unauthorized disclosure of all confidential records and information of the District.”

Agency is required to complete and submit a WCCUSD Form H - FERPA Confidentiality Agreement to the City of San Pablo prior to accessing the Cityspan system that contains student directory data.

WCCUSD Fingerprinting/Criminal Background Investigation Certification

Agency shall comply with the provisions of Education Code section 45125.1, or successor statute, regarding the submission of employee fingerprints to the California Department of Justice and the completion of criminal background investigations of its employees. Agency shall use the attached Fingerprinting/Criminal Background Investigation Certification. Agency shall not permit any employee to have any contact with WCCUSD pupils until such time as the Agency has verified in writing to the Page | 27

City that the employee has not been convicted of a felony, as defined in Education Code section 45122.1. The Agency’s responsibility shall extend to all employees, subcontractors, agents, and employees or agents of subcontractors regardless of whether those individuals are paid or unpaid, concurrently employed by the WCCUSD, or acting as independent contractors of the Agency. Verification of compliance with this section shall be provided in writing to the City and WCCUSD prior to each individual’s commencement of employment or performing any portion of the Services and prior to permitting contact with any student.

WCCUSD Tuberculosis Clearance Certification

Agency shall comply with the attached WCCUSD’s Tuberculosis Clearance Certification. Agency shall ensure that any person providing any portion of the Services has submitted to an examination within the past 60 days or have had one done within the last 4 years on file to determine that they are free of active tuberculosis, by a physician or surgeon prior to permitting contact with any student. Agency’s responsibility for tuberculosis clearance must extend to all its employees, subcontractors, volunteers and employees of subcontractors coming into contact with WCCUSD pupils regardless of whether they are designated as employees or acting as independent contractors of Agency.

WCCUSD School Site Use

To the extent applicable, Agency shall observe and comply with all rules and regulations of the WCCUSD relating to the use of its real property, facilities and personal property in providing the Services a set forth in the Facilities Use Policies and Procedures, as amended from time-to-time, or as otherwise required by WCCUSD.

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Updated: 7/23 Page 29

Updated: 7/23 Page 30

EXHIBIT F
SCOPE OF SERVICES: PROJECT BUDGET & AGENCY MATCH REQUIREMENT

Funding for this Agreement is made possible through revenue allocated from the City of San Pablo General Fund and matching funding the City anticipates receiving from West Contra Costa Unified School District (central and site-based budgets). Continued funding is contingent upon program performance and availability of funds from both City of San Pablo and West Contra Costa Unified School District.

APPROVED BUDGET

The total approved budget for the contract period July 1, 2023 – June 30, 2024 shall not exceed Seven Hundred and Eighty-Five Thousand Dollars ($785,000). Should the Agency be reimbursed less that the total approved amount, the remaining funds may be reprogrammed by the City.

Not to
Exceed
Amount
Purpose
$ 490,063 Beacon Director salaries and benefits funded from the City of San Pablo’s General Fund
$ 140,937 Complementary Service Programs funded from the City of San Pablo’s General Fund
• General core funds, youth leadership and development, literacy enrichment (for Bayview, Dover, EM Downer, Lake, Helms, and Riverside) • Violence prevention and intervention funds (for Bayview and Dover only) $ 36,000 Violence prevention and intervention funds for Richmond High School funded from the City of San Pablo’s General Fund
$ 667,000 SUBTOTAL – COSP FUNDS
$ 118,000 WCCUSD matching funds anticipated to be paid by WCCUSD to the City of San Pablo to provide additional funding for Beacon Director salaries and benefits $ 785,000 TOTAL – COSP FUNDS & WCCUSD MATCHING FUNDS

MINIMUM SALARY REQUIREMENT

In coordination with WCCUSD salary requirements for district-wide Community School Beacon Director positions (per United Teachers of Richmond Collective Bargaining Agreement, Article 53 – Community Schools), and in the effort to attract and retain high quality talent, the Agency shall ensure that the minimum base salaries for Beacon Directors are met as outlined below:

Minimum Required
Base Annual
Beacon Director
Salary
School Site(s)
$ 71,500 Dover ES, Helms MS
$ 70,000 Bayview ES, EM Downer ES, Lake ES, Riverside ES

MINIMUM MATCH REQUIREMENT FROM AGENCY

Agency is required to make a minimum of 12.5% match of the approved budget per program per school site by December 31, 2023 and another minimum 12.5% match of the approved budget per program per school site by June 30, 2024, for a total minimum Agency match under this Agreement of Updated: 7/23 Page 31

at least One Hundred Ninety-Six Thousand Two Hundred Fifty Dollars ($196,250). Agency’s match requirement may be satisfied by Agency providing in-kind services, equipment and/or supplies that support the programs provided under this Agreement, by providing cash to support those programs, or by any combination of an in-kind and cash match. Agency shall submit to City in compliance with the requirements of Exhibit F, for approval by the City, all documentation to establish Agency’s compliance with Agency’s match requirement.

Failure of Agency to timely satisfy the Agency’s match requirement will be cause for the City to withholding of payment of Agency invoices and/or terminate this Agreement.

Updated: 7/23 Page 32

EXHIBIT G
SCOPE OF SERVICES: REPORTING SCHEDULE

REPORTING GUIDELINES

All reports required from Agency under this Agreement shall be submitted by the designated deadlines. If reports are not received in a timely manner or not completed, invoices will be held for payment until all pending reports are received and approved. All reporting documents should be submitted to:

Paola Cubias-Shirazi
Youth, School, and Community Partnerships Division
Community Services Department
1000 Gateway Avenue, San Pablo, CA 94806
[email protected]

Required Monthly Report

Agency shall submit to the City for approval no later than the tenth calendar day of the month for the previous calendar month, on a form to be provided by the City, a Monthly Report containing each of the following: (1) Agency’s invoice, (2) all documentation supporting Agency’s compliance with the Agency Match requirement set forth in Exhibit F, and (3) a Monthly Narrative Report along with relevant documents from the month (for example, flyers, meeting agenda examples, key photos of events). . All supporting documentation must be included in the Monthly Report before City will begin processing its approvals or any payment.

Notwithstanding above, the Monthly Report for June 2024 must be submitted by July 5, 2024, consistent with the City’s Finance Department Accounts Payable Fiscal Year-end closing deadline.

Service Data

Agency will be provided with program surveys and shall submit surveys on the dates listed below.

Programs that offer services on a semester basis will submit surveys in January (for Fall Semester only services) and agencies whose programs only provide services in the Spring Semester or extend through the entire school year (Fall and Spring semesters) will submit surveys in April.

Survey Periods FY 2016-2017 Due
Fall Semester July - December January 30
Spring Semester January - June April 30
School-Year July – June April 30

Agency must input and update participant and attendance data into Cityspan no later than the 10th of each month for the previous month.

San Pablo City CouncilJuly 17, 2023

San Pablo City Council
July 17, 2023