HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (OCCTAC) 17 - 2011
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AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND THE OC CillLDREN'S
THERAPEUTIC ARTS CENTER
THIS AGREEMENT is made and entered into this 5~ay of j)~0e~,
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 (hereinaftel' "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, t07, 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 01/01111 to 12/31/12.
C. Both parties believe the implementation of the pl'Ogram as described herein, will
fi1l1her 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:
1. 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 oftbis Agreement.
b. Both Parties shall comply with the roles and responsibilities as set fOlth in Exhibit
A.
2. COMPENSATIONfI'RANSFER OF GRANT FUNDS
a. City agrees to pay. and Contractor agrees to accept as total payment for its
services, $30.74 per hour during the telm of the Agreement for the instructional
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A-2011-262
services provided as set forth under "Transfer 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
tenn 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.
3. SOURCE DOCUMENTATION
Contractor will have access to all information needed from the Santa Ana Police
Depaltment to meet OES reporting requirements.
4. TERM
This Agreement shaH commence on January I, 2011 and terminate on December
31,2012, unless terminated earlier in accordance with Section II, below.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire telID 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 constl11ed 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 Conh'actor perfOlIDs 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, employelAs social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
6. 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 shaH 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
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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 amollnt 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 contl"ibute with, insul'ance provided by this policy."
b. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, ifContl'actor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the perfomlance 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 fOlm 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 fi'om the Contractor's acts of negligence or willful misconduct
in the perfonnance of this Agreement.
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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
te1efacsimile (714) 647-6956
With courtesy copies to:
City of Santa Ana Police Depal1ment
Attention: Officer Tom 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, Califomia 92702
telefacsimile 714-647-6515
To Contractor:
OC Children's Therapeutic Arts Center
Attn: Dr. Ana Jimenez-Haml, 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 ce11ified, 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
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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 patties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or ill 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 telminated by the City upon thirty (30) days written
notice of termination. In such event, Contmctor shall be entitled to receive and the City
shall pay Contractor compensation for all services perfOlmed by Contractor prior to receipt
of such notice oftelmination, 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
perfonnance specified in the Recitals of this Agreement.
12. DISCRIMINATION
Contractor shall not discriminate because ofl'ace, 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, tennination or other employment related activities. Contractor affinns that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
13. JURISDICTION - VENUE
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This Agreement has been executed and delivered in the State of Cali fomi a and the
validity. interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and govemed by the laws of the State of California. Both
parties further agree that Orange Cmmty, 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 Califomia, 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 pelmits. 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 tenns of this
Agreement, and shall indemnify City fully, including reasonable costs and attomey's fees,
for any injuries or damages to City in the event that such authority or power is not, in filet,
held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully
set fOlth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ArrEST:
LI~la1N'< ,D .M-JI/
MARIA D. HUIZAR
Clerk of the Council
~
PAULM. WALTERS
Interim City Manager
APPROVED AS TO FORM:
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EXHIBIT A
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OPERATIONAL AGREEMENT
Between
The Sant Ana Police De artment and the OC Children's Theraoeutlc Arts Center.
This Ope I tional Agreement stands as evidence that the Santa Ana Police Deoartment
and the a an e Count hi en's her e ti s C n e OCCTAC) intend to work
together t ward the mutual goal of reducing gang violence and gang crime in the target
area iden ified as policing grids 86,87,106,107,126. and 127 in the Southcoast
Policing istrict. This Operational Agreement will be in effect for the life of the grant
specificall from 01101/11 to 12/31/12.
..
Both age cies believe that implementation of the Santa Ana Police Athletic and Activities
Leaaue ( APAAL) program as described herein, will further this goal. To this end, each
agency a rees to participate in the program, if selected for funding by
coordinati g/providing the following services:
The SAP L project will closely coordinate the following services with the OCCTAC for
service pr visions through:
1. The p -oject staff being readily available to OCCTAC for service provision using: site
visits nd sharing of information between project staff and OCeT AC
2. Regul rly scheduled meetings to be held quarterly between Dr. Ana Jimenez-Haml
or her designee from OCCTAC at 2215 North Broadway Santa Ana CA, 714-547-
5468 nd Director Tom Serafin or his designee of the SAPAAL program at 60 Civic
Cente Plaza, Santa Ana CA. 714-245-8050.
3. The eetings will be used to discuss strategies, timetables and implementation of
mand ted services specifically: staffing levels, hours of operation, and evaluation of
the fol owing programs: The Learning Center, Arts and Literacy Program, and the
Music Program.
Roles an responsibilities
The roles and responsibilities of the Santa Ana Police Deoartment PAAL will be to
provide cl ssroom space, educational materials, educational resources, and students for
both the earning Center and Arts & Literacy program. Additionally, the Department will
provide st dents and instruments for the music program and allow a portion of the
SAPML enter to be used for the Dance Program. Only youthS enrolled in the SAPML
Center or OCCT AC may participate in any of the above programs.
The roles and responsibilities of the Orance County Children's Theraoeutic Arts Center
will to pro ide one (1) state credentialed teacher for the Learning Center, one (1) state
credential d teacher the Arts and Literacy Program and one (1) qualified instructor for
the music program.
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Transfer of Grant Funds
Funds ;i11 be transferred once a month from the Santa Ana Police Department to
Orange ~ounty Children's Therapeutic Arts Center upon invoice presented to the Police
Departm nt. The total amount of funds for the life of the grant is not to exce,ed
$39,000. O.
Services rovided by the Orange County Children's Therapeutic Arts Center include
providing one (1) California State Credentialed Teacher for the Learning Center working
two (2) h urs a day, four (4) days a week, for ten (10) months per year (or two years,
one (1) C Iifornia State Credentialed Teacher for the Arts and literacy program working
two (2) h . urs a day, two (2) days a week, for ten (10) months per year for two years and
one (1) q alified music teacher for the music program working three (3) hours a day,
three (3) . ays a week for, for ten (10) months per year for two years.
The Oran e County Children's Therapeutic Arts Center will have access to all
informati n needed from the Santa Ana Police Department to meet OES reporting
requirem nts.
We, the ndersigned, as authorized representatives of the Santa Ana Police
De rt nt and the Oranae County Children's Theraceutlc Arts Center due hereby
approve t is document.
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Date
Date
II
07/26/2012 17:59 FAX
ACCRD
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14I 000210003
PRODUCER 714 838.1912
Lake Insu ance Agency
653 South ~ Street, Suite 200
~. #07474f3
., in, CAI92780
INSUReD Orang! County Children's
2215 ~. Broadway
Santa (Ana, CA 92706
FAX 714.838.7568
I . DATE IMMIDD/Y'1YY)
01/13/2012
THIS CERTIFICATE IS ISSUED AS A MAT ER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON HE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AA'END, EXTEND OR
ALTER THE COVERAGE AFFORDED BY HE POLICIES BELOW.
CERTIFICATE OF LIABILITY INSURANCE
Therapeutlc
INSURERS AFFORDING COVERAGE
Art Center INSURER A: Philadelphia Insurance C .
INSURER s:
INSURER c:
HAle #
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COVERAGES I
THE POLICIes qF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN[ ICATED. NOTWITHSTANDING
ANY REQUIREMJ:NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlc. TE MAY BE ISSUED OR
MAY PERTAIN, 1HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS NO CONDITIONS OF SUCH
POLICIES. AGGF EGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CI.AJMS.
.~ ~o.l~~ rYPE OF INSURANCE POLICY NUMBER ~~Y El'FECl'1VE POUCY EXPIRATION UMlTS
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I CLAIMS MADE 00 OCCUR MED EXP (Any one ~ ~~ $
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Aggregate imit: $2,000,000
PHPK794249 12/21/2011 12/21/2012
ESCRIPllON OF O~ TIONS I LOCATIONS I VEHICLES I EXCl.USlONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
!rtificate h(]lder't is Additional Insured as per form CG 20 26 07 04 Attached
Juse 81 Molestation is included with General Liability, $25,000 Each Incident and $50,O)() Aggregate
lis Insurance Shall be Primary and Non-Contributory but Only in the Event of the Named
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City of Santa Ana Police Athletics EXPlRA~NDATEntEREOF,nteISSUI~G~~ .7 TOIlAlL
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2627 Wes~ McFadden Street OF AN'{ KINO UPON TltEJ;Ju-" R.! !NTATlVES.
Santa Ana, CA 92704 AUTHORIZED REflRESEN~ _ 7 In.-L A .II{
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COMMERCIAL GENE L UABILlTY
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAR FWLL Y.
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clUd. as an additional insured the' person(s)or or-
gan'~iOn(S) shown in the Schedule, but only with
resp .to liabilitY for "bodily iniury", "property dam-
age" Lor "personal .and. advertising' injury" caused, in
wholF or in part, by your acts or. omissions or the acts
or ofTI!s~ions .of.~~~se acting on your behalf: .
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