Loading...
HomeMy WebLinkAbout25D - AGMT INSTRUCTIONAL SRVS FOR SAPAALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2011 TITLE: AGREEMENT WITH ORANGE COUNTY THERAPEUTIC ARTS CENTER TO PROVIDE INSTRUCTIONAL SERVICES TO THE POLICE ATHLETIC AND ACTIVITIES-t.FAGUE PROGRAM 1 1 +r V ?k { CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Children's Therapeutic Arts Center (OCCTAC), subject to non-substantive changes approved by the City Manager and City Attorney, to provide instructional services for the CaIGRIP Grant Program in an amount not to exceed $32,000 during the two-year term of the agreement. DISCUSSION At the April 18, 2011 City Council meeting, the Fiscal Year 2010/11 California Gang Reduction, Intervention and Prevention grant funding of $369,309 from the State of California, Office of Emergency Management Agency was approved. This grant funds the City's Police Athletic and Activities League (SAPAAL) program which is a collaborative effort between government agencies, educational partners and community based groups to reduce gang affiliation and promote positive alternatives for our youth. This two-year grant funding has the goal of increasing participation of at-risk youth by as much as 20% a year. Under the terms of this agreement, the City is recommending that $36,000 of the funds be given to Orange County Therapeutic Arts Center who will serve as one of the educational partners. The OCCTAC will work to create positive educational avenues for our youth in the City's South Policing District. FISCAL IMPACT Funds are available in the CaIGRIP grant account (15514412-62300-10480001127) Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: INs Francisco Gutierrez ?? Executive Director Finance & Management Services Agency 2501-1 25D-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE OC CHILDREN'S THERAPEUTIC ARTS CENTER THIS AGREEMENT is made and entered into this day of 2011, by and between the OC Children's Therapeutic Arts Center (hereinafter "Contractor and/or 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 (hereinafter "City"). RECITALS: A. The Santa Ana Police Department and OCCTAC (hereinafter collectively referred to as "the parties") intend to implement a Santa Ana Police Athletic and Activity League (SAPAAL) program (hereinafter "program") to work together toward the mutual goal of reducing gang violence and gang crime in the target are identified as policing grids 86, 87, 106, 107, 126, and 127 in the South Coast Policing District. - B. The Parties intend for this program to be in effect for the life of the grant, specifically from 01/O1/11 to 12/31/12. C. Both parties believe the implementation of the program as described herein, will further this goal. To this end, each party agrees to participate in the program, if selected for funding, by coordinating/providing the services as identified below. 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: SCOPE OF SERVICES Except as may be herein amended under this Agreement: a. Contractor will provide services as set forth in Exhibit A, attached hereto and incorporated by reference. Any services performed by Contractor prior to the date of execution of this Agreement shall be included within the Scope of Services of this Agreement. b. Both Parties shall comply with the roles and responsibilities as set forth in Exhibit A. 2. COMPENSATION/TRANSFER OF GRANT FUNDS a. City agrees to pay, and Contractor agrees to accept as total payment for its services, 530.74 per hour during the term of the Agreement for the instructional 25D-3 services provided as set forth under `°1'ransfer of Grant Funds" in the attached Exhibit A. b. The total amount of funds for the life of the grant and the total sum to be expended under this Agreement is not to exceed a total of $32,000.00 during the entire term of this Agreement and shall not exceed $16,000.00 per year during the term of this Agreement. c. Funds will be transferred once a month by City within thirty (30) days following receipt of a proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals that may be reasonably be expected by City. SOURCE DOCUMENTATION Contractor will have access to all information needed from the Santa Ana Police Department to meet OES reporting requirements. 4. TERM This Agreement shall commence on January 1, 2011 and terminate on December 31, 2012, unless terminated earlier in accordance with Section 11, below. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including 2 25D-4 death, resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement containing the following clauses: 1. "The City of Santa Ana, its officers, employees, agents, volunteers and representatives, is added as an additional insured as respects operations of the named insured performed under contract with the City of Santa Ana." 2. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess of and not contribute with, insurance provided by this policy." b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Contractor's acts of negligence or willful misconduct in the performance of this Agreement. 25D-5 8. 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: City of Santa Ana Police Department Attention: Officer Torn Serafin 60 Civic Center Plaza P.O. Box 1981 Santa Ana, California 92702 telefacsimile (714) 647-6591 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 Contractor: OC Children's Therapeutic Arts Center Attn: Dr. Ana Jimenez-Ham], Director 2215 N. Broadway Santa Ana, California 92706 714-547-5468 telefacsimile 714-564-9690 A party may change its address by giving notice in writing to the other party. "Thereafter, 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any 25D-6 attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City any written Findings and Determination for any case in which Contractor has served as a hearing officer, and in such case such Findings and Determination shall be the property of City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE 25D-7 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. 14. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM: OFFICE O THE CITY ATTORNEY Teresa-L. Judd Assistant City Attorney OC CHILDREN'S THE PEUTI , RT§ CENTER Na 'e: Title: 25D-8