HomeMy WebLinkAboutDREAMS OF SCHOOLCity of Santa Ana
City Clerk
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect, .
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Is the agreement(s) a permanent record? Yes No
Return form to the City Clerk's Office (M-30).
Call 647-6520 if you have any questions.
The agreement with -DQ U SCkoo
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No. was completed on ubl lv7 and final payment has been made.
(List all amendments. Use space below if needed.) I
Department:
Phone/Ext.: �,
Signature:
Date:
i_tagreementsVormsVorm - agreement termination form goldemod.doc
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CITY CLERK
DATE.
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October 4, 2023
N
ca Dreams for Schools ("Speaker/Performer")
r (626) 290-7665
r audrev(a),dreamsforschools.ora
oInfo((ddreamsforschools.org
Re: Speaker/Performer Engagement Agreement
N-2023-272
This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the
engagement described below:
1. Event Description: As further described in Exhibit A and Exhibit B, attached hereto, Dreams for Schools will
provide two (2) four (4) —hour workshops for up to 12 participants in each workshop. Dreams for Schools will
setup the activity for the workshop; provide all instructors, curriculum, marketing, enrollment and registration
materials, and all technology and materials required for the workshops.
2. Date(s): Saturday, November 4, 2023
Saturday, November 11, 2023
3. Event Time(s): 1:00 p.m. — 5:00 p.m. at each event listed above
4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property")
5. Compensation: Amount not to exceed $2,420.00 (payable by check within 30 calendar days of event); Speaker/
Performer must provide IRS form W-9 before payment can be made.
6. Equipment provided by City: microphone, projector, tables and chairs.
7. Equipment provided by Speaker/Performer: All other equipment and materials necessary.
8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265
9. Independent Contractor: Speaker/Performer shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed
to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion
or control over the professional manner in which Speaker/Performer performs the services that are the subject matter
of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner
consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
10. Insurance: Insurance shall be procured and maintained by the Speaker/Performer as required by the City and as
further detailed in Exhibit C, attached hereto and incorporated herein.
11. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify,
defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives
from and against all loss, expenses, or liability (including costs and attomey's fees) arising from the negligence or
willful misconduct of Speaker/Performer, his or her agents, or employees.
N-2023-272
Speaker Agreement — Dreams for Schools
Page 2
12. Release: Speaker/Performer accepts any City -provided equipment used in connection with the performance in their
"as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all
claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected
officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each
of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of
the City -provided equipment or Speaker/Performer's use thereof.
13. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of
Speaker/Performer's presentation to the City community or general public, through webcast or any other means.
This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of
Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such
recordings.
14. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be
required by unions or similar organizations. Speaker/Perfortner shall indemnify the City against any liability or
damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws.
15. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection
with any activities related to this Agreement.
16. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws
of the state of California. Both parties agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
17. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding
the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This
Agreement may not be modified except by written instrument signed by the City and by an authorized representative
of Speaker/Performer.
CITYOFSSAANTA A
d �
Steven A. Mendoza
Acting City Manager
ATTEST:
RECOMMENDED FOR APPROVAL
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Brian Sternberg
Library Services Director
Library Services
SPEAKER/PERFORMER
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AudreyMyan Oct9, 230
Audrey Auyang
Programs Director
APPROVED AS TO FORM:
BB�i�
on Salvatietra
Deputy City Attorney
EXHIBIT A
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION:
Dreams for Schools
4999 Casa Loma Ave.
Yorba Linda, CA 92886
(626) 290-7665
audreYL&dreamsforschools.org
Info(a,dreamsforschools. org
Dreams for Schools is an independent 501(c) (3) non-profit organization
EVENT: Santa Ana Public Library Department Mobile App Development Workshops
LOCATION: Main Library, 26 Civic Center Plaza, Santa Ana, CA, 92701
TERM: Saturdays, November 4, 2023 and November 11, 2023 from 1:OOPM-5:OOPM
COMPENSATION: Not to exceed $2,420
DESCRIPTION:
Dreams for Schools will provide two 4 hour workshops, on the service dates and times listed above.
Sessions will take place at the Main Library, 26 Civic Center Plaza, CA, 92701. Two workshops will be
presented during the entirety of this agreement.
As further described in Dreams for Schools' proposal, attached as Exhibit B, Dreams for Schools will
provide two workshops for a 4-hour duration, each class, for up to 12 participants in each workshop. The
vendor will setup the activity for the workshop; provide all instructors, curriculum, marketing, enrollment
and registration materials, technology & material required for the workshops. The amount shall not
exceed $2,420 total for actual services provided.
The City will be responsible for setting up the space for the patrons attending, advertising the program,
providing a staff member to oversee the program, and assist as needed.
EXHIBIT B
550 N Parkcenter Drive, Suite 102
< > dreamsforschools Santa Ana, CA 92705
www.dreamsforschools.org
Dreams for Schools Mobile App Development Workshop Proposal
Prepared for the Santa Ana Library
II Overview of Dreams for Schools:
Dreams for Schools ("DFS"), advances education equity by bridging gaps in STEAM
education, with an emphasis on computer science (CS), by working with a range of
community stakeholders from K-12 students, educators, schools, districts, as well as
higher education students to provide educational programs that would not
otherwise be available to our clients.
11 Objectives:
Santa Ana Library (the "Host Partner") is looking for a vendor to provide a Mobile App
Development workshop for their late teens and college interns.
11 Collaboration:
Dreams for Schools will enter into a collaboration with the Host Partner to provide
the following for a mobile app development workshop:
• Date: To be decided
• Workshop Length: Two 4 hour workshops
• Student to Instructor Ratio: 7 to 1 max
• Maximum Number of Students:12
• Technology: Chromebooks and tablets to develop and test the app
• Students will work in teams of 2 to 3 to learn about programming and mobile
app development. Using block based coding platforms such as MIT
Appinventor or DFS AppMaker, students will learn what algorithms are and
computer science concepts such as conditionals, loops, event handlers, and
more.
• Workshop Outline
o Introductions - Getting to know everyone
o Introduction to Computer Science & Programming
o Let's discuss Mobile App Development and its' life cycle
o Create a tutorial game app on the platform to learn some basics
(includes concept cards)
o Brainstorming & Pseudocoding their own app
o Build their app
o Mini -Showcase presentations!
Approach for all classes. DFS will:
• Recruit, hire, and train individuals with CS & Engineering backgrounds to instruct
students and teach them about each class topic.
• Ensure all instructors will be DOJ background checked according to any
procedures required.
Be responsible for all learning curriculum. All platforms used are free for students
and accessible through a web browser.
• Provide all the necessary marketing materials to aid promotions during
recruitment and program events.
• Provide all needed enrollment and registration materials.
• Promote the Host Partner's participation, participating students, and any other
information through the DFS's Web and Social Media channels.
• Evaluate the program and provide a student impact report for the Host Partner
(dependent on length of program).
• If applicable, keep all student data confidential.
In order to ensure that our learnings are successfully implemented with the best
assured quality, the Host Partner will:
• Plan workshop dates
• Provide an appropriate, dedicated space with adequate technology (Projector
or TV Screen, wifi) for the students to participate
• Actively highlight Host Partner's Social Media with DFS program(s) on Social
Media
)) Financial Commitment:
Mobile App Development —
ITEM
Two, 4 hr
Workshop
Instructor Salary (7 to 1 student to mentor ratio)
$1,325.95
Technology & Materials
$172.50
Administrative
$460.00
TOTAL
$2,418.45
Please note the following:
• We will only invoice for the final number of students that attended.
)) Contact Information:
We look forward to working with you. Please do not hesitate to contact us if you have
any questions.
Audrey Auyang, Programs Director-audrey@dreamsforschools.org
EXHIBIT C
Exhibit C
Prior to undertaking performance of work under this Agreement, Speaker/Performer shall
procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the performance of the
work hereunder and the results of that work by the Speaker/Performer, their agents,
representatives, employees or subcontractors.
a. Minimum Scope and Limit of Insurance
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than $1,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04)
or the general aggregate limit shall be twice the required occurrence limit.
2. Workers' Compensation Insurance: As required by the state of California, with
statutory limits and employers' liability insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease.
Broader Coverage: if the Speaker/Performer maintains broader coverage and/or
higher limits than the minimums shown above, the City requires and shall be entitled
to the broader coverage and/or the higher limits maintained by the Speaker/Performer.
Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
b. Other Insurance Provisions
Additional Insured Status: The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds on the CGL policy with respect to liability
arising out of work or operations performed by or on behalf of the Speaker/Performer
including materials, parts, or equipment furnished in connectionwith such work or
operations. General liability coverage can be provided in the form of an endorsement
to the Speaker/Performer's insurance (at least as broad as ISO Form CG 20 10 1185 or
if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20
38; and CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Speaker/Performer's
insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13
as respects the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the Speaker/Performer's insurance and shall not contribute with it.
Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Speaker/Performer hereby grants to City a waiver of any right
to subrogation that any insurer of said Speaker/Performer may acquire against the City
by virtue of the payment of any loss under such insurance. Speaker/Performer agrees
to obtain any endorsement that may be necessary to affect this waiverof subrogation, but
this provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by
the City. The City may require the Speaker/Performer to purchase coverage with a
lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than AN11,
unless otherwise acceptable to the City.
Verification of Coverage: Speaker/Performer shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or copies of
the applicable policy language effecting coverage requiredby this clause) and a copy of
the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Speaker/Performer's
obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance
policies,including endorsements required by these specifications, at any time.
Subcontractors: Speaker/Performer shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Speaker/Performer
shall ensure that City is an additional insured on insurance required from
subcontractors.
9. Special Risks or Circumstances: City reserves the right to modify these requirements,
including limits, based on the nature of therisk, prior experience, insurer, coverage, or
other special circumstances.
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Dreams for Schools
Name:
Project N-2023-272
Number:
Project Speaker/Performer Engagement Agreement - Dreams for
Name: Schools
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF POLICY EXPIRATIO COI FILE NAME
INSURANCE NUMBER N DATE DATE
GENERAL 202348143 08/04/2024 08/15/202 2023-24 DES COI City of Santa Ana.pdf
LIABILITY 3
WORKERS
COMPENSATIO 76WEGAK3G 05/22/202 DES_ WorkersComp_Certificate_SantaAn
N AND TF 01/24/2024 3 a. df
EMPLOYERS' p
LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
10/16/2023 4:54 PM