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HomeMy WebLinkAbout25J - LEARNING CENTER AND ARTS AND LITERACY PROGRAMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AGREEMENT FOR ORANGE COUNTY CHILDRENS THERAPEUTIC ARTS CENTER ~~ education Isr CLERK OF COUNCIL USE ONLY: ~/ Lit,..--~^ CI ANAG R RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize Clerk of the Council to execute an agreement Children's Therapeutic Arts Center ("OCCTAC"), a to support a Learning Center and Arts & Literacy Police Athletic and Activities Center (SAPAAL). exceed $39,000. DISCUSSION the City Manager and the with the Orange County non-profit organization, program at the Santa Ana The amount is not to The City, in collaboration with various governmental, educational, and community based partners, has received California Gang Reduction, Intervention and Prevention (CalGRIP) grant funds to be used to reduce gang and youth violence. OCCTAC in partnership with SAPAAL has established a tutoring program for children who are two grade levels below their peers and an Arts & Literacy program for special education students. The programs are taught by California State Credentialed teachers. The goals of the programs are to ensure the children become successful in school, develop self-confidence, and self-worth. This in turn increases the likelihood that these children will avoid criminal activity. FISCAL IMPACT Funds are available in the Police Department's CalGRIP grant fund (account no. 15514412-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director 25J-~inance & Mgmt . Services Agencyy,~ 25J-2 AGREEMENT FOR THE PROVISION OF SERVICES IMPLEMENTING CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (CALGRIP) GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this day of , 2009 by and between Orange County Children's Therapeutic Arts Center, anon-profit corporation, (hereinafter "OCCTAC"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City, in collaboration with various governmental, educational and community based partners, has received California Gang Reduction, Intervention, and Prevention ("CaIGRIP") grant funds, for use in combating gang and youth violence; and B. The City desires to enter this Agreement with OCCTAC for the expenditure of Ca1GRIP funds implement and support a Learning Center and Arts & Literacy program in Santa Ana; and C. OCCTAC represents that it is willing to provide such services to the City, and will comply with the CaIGRIP's Regulations. D. In undertaking the performance of this Agreement, OCCTAC represents that it is knowledgeable in its field and that any services performed by OCCTAC under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES OCCTAC shall provide one credentialed teacher for the Learning Center and both a dance and a music instructor for the Arts & Literacy program, as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and OCCTAC agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $39,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 25J-3 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2011, unless terminated earlier in accordance with Section 12, below. However, services provided in implementing the program shall be complete by December 31, 2010. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR OCCTAC 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 OCCTAC performs the services which are the subject matter of this Agreement; however, the services to be provided by OCCTAC shall be provided in a manner consistent with all applicable standards and regulations governing such services. OCCTAC 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, OCCTAC shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 25J-4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, OCCTAC, if OCCTAC has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, OCCTAC agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by OCCTAC pursuant to this section: (i) OCCTAC shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If OCCTAC fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect OCCTAC's right to be paid for its time and materials expended prior to notification of termination. OCCTAC waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION OCCTAC agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims (1) for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the OCCTAC or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The OCCTAC further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this 25J-5 Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. OCCTAC'S CERTIFICATIONS A. No Conflict. To the best of OCCTAC's knowledge, OCCTAC's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which OCCTAC is a party or by which it is bound. B. No Pending Legal Proceedings/Debarment. OCCTAC is not the subject of a current or threatened litigation that would or may materially affect OCCTAC's performance under this Agreement. OCCTAC further acknowledges that it is not on the list of debarred contractors. C. No Pending Investigation. OCCTAC is not aware that it is the subject of any current or threatened criminal or civil action or investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to or affect performance of the Agreement or provision of services hereunder. D. Licensing. OCCTAC agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. OCCTAC shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing OCCTAC's operations hereunder. E. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by OCCTAC and all documents related to this Agreement shall be maintained and kept available at OCCTAC's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of services provided hereunder. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event OCCTAC does not make the above-referenced documents available within the city of Santa Ana, California, OCCTAC agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. F. Confidentiality. Without prejudice to any other provisions of this Agreement, OCCTAC shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, OCCTAC shall submit to City or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by OCCTAC, costs incurred and services rendered hereunder. G. Lobbying. OCCTAC certifies that it will comply with federal law (32 U.S.C. 1352) and regulations found at 28 CFR Part 69. H. Financial Interest. OCCTAC agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this 25J-6 Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCity-assisted activity of OCCTAC, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the OCCTAC. I. Nondiscrimination. OCCTAC agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. OCCTAC affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8. ASSIGNABILITY None of the duties of, or work to be performed by, OCCTAC under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. OCCTAC must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of OCCTAC pursuant to this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Santa Ana Police Department SAPAAL Program 60 Civic Center Plaza Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To OCCTAC: Orange County Children's Therapeutic Arts Center 2215 N. Broadway Santa Ana, California 92701 telefacsimile 714-547-5468 25J-7 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, OCCTAC shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. In the event OCCTAC defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to OCCTAC, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 11. VENUE/JURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 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. 12. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 25J-8 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR City Clerk CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney OC CHILDREN'S THERAPEUTIC ARTS CENTER Dr. Ana Jimenex-Hami Founder -Executive Director Tax ID: 25J-9 EXHIBIT A OPERATIONAL AGREEMENT SAPAAL, working cooperatively with Jackson Elementary School and the Orange County Children's Therapeutic Arts Center has developed and implemented the "Learning Academy." Administrators from Jackson Elementary identify 20 students who are at least 2 grade levels below their classmates. At the Learning Academy, housed at the SAPAAL Center, these students will receive tutoring from a state credentialed teacher and licensed aide two times a week for one hour a day. This program will allow more at-risk youths to be identified and admitted into the program. The Orange County Children's Therapeutic Arts Center will also provide dance lessons, music lessons, and an Arts and Literacy program specifically for special education students. All of these programs will be presented at the SAPAAL Center. 25J-10