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HomeMy WebLinkAbout25A - AGMT - DELHI LIBRARY SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2016 TITLE: FACILITY USE AGREEMENT WITH THE DELHI CENTER FOR SPACE FOR LIBRARY PROGRAM SERVICES {STRATEGIC PLAN NO. 2,2A) l CITY MANAGER [ � 3 � � .7 (�7 � +T• 111 � C+ �1 I A I � T� i7 APPROVED [J As Recommended E] As Amended E] Ordinance on 9 t Reading 0 Ordinance on 2nd Reading E] Implementing Resolution E] Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a facility use agreement with the Delhi Center to provide space at the Delhi Center for library program services for an amount of $15,000 from October 1, 2016 through June 30, 2017, with two, one -year renewal options at the same amount each year, based of funding availability, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the Fiscal Year 2016 -2017 the Santa Ana City Council approved funding to expand and implement services, normally provided at the Santa Ana Library, at the Delhi Center. The Fiscal year 2016 -2017 allocation was for $30,000, of which 50 percent would be allocated towards program staffing and 50 percent for programming space at the Delhi Center. Library services at the Delhi Center will include a Children's Library Literacy Pilot Program to help promote early literacy and enhance academic success. Programming offered will include literacy based programming such as, but not limited to, after- school homework help and tutoring to assist students with academic needs, storytime, IStorytime, Book Delivery, LEGO Junior Maker, Read with Me, and STEAM. To provide a meaningful introduction to the library and encourage youth to read, the Library will create a reading space where material will be available for program participants. The program will be available Mondays, Tuesdays, and Thursdays from 3:00 pm to 5:00 pm and Wednesdays from 2:00 pm to 4:00 pm. The attached agreement includes the option to renew for up to two, one -year periods, based on future years' funding availability. 25A -1 Facility Use Agreement with the Delhi Center for Space for Library Program Services September 20, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 - Youth, Education, Recreation, Objective #2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after - school programs during out -of- school hours at the library and community centers). FISCAL IMPACT Funds are available in the following account for the specified fiscal years: Youth Services (no. 01111160 - 62300) Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement 5,000 $15,000 $15,000 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25A -2 FACILITIES USE AGREEMENI` BETWEEN CITY OF SANTA ANA AND DELHI CENTER THIS FACILITIES USE AGREEMENT is made and entered into this 20th day of September, 2016 by and between the City of Santa Ana, a municipal corporation and charter city organized and existing under the Constitution and laws of the State of California ( "City "), and the Delhi Center, a California nonprofit public benefit corporation ( "Delhi ") (collectively referred to as the "Parties "). RECITALS A. City wishes to utilize portions of the Delhi Center to provide tutoring and literacy programming services to participants, including residents of the City. B. Delhi is willing to allow use of the Delhi Center for such purposes subject to the terms of this Agreement. The Parties therefore agree as follows: 1. GRANT OF PERMISSION AND FACILITIES TO BE USED: Delhi hereby grants City permission to utilize Delhi Center Room 103 ( "Facilities ") for the purpose of conducting a Children's Library Literacy Pilot Program, as more specifically described on Exhibit A and on the dates and times therein. Other portions of the premises may be used by mutual agreement of the Parties. 2. COMPENSATION: City agrees to pay Delhi $15,000 for the use of the Facilities during the term of this Agreement, due within forty -five (45) days following full execution of this Agreement. The amount of compensation shall be the same for any extension term provided in Section 3. 3. TERM: This Agreement shall commence on October 1, 2016 and continue through June 30, 2017. The term of this Agreement may be extended for two additional one -year periods by a writing executed by the City Manager and the City Attorney. 4. INDEMNIFICATION: The Parties agrees to indemnify, protect, defend, and hold harmless each other, and their respective officers, agents, employees, consultants, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses each Party may incur in the performance of this Agreement, to the extent such are attributable to the opposite Party's negligence or willful misconduct in its respective use of the facilities. 5. INSURANCE: City agrees to obtain and maintain during the term of this Agreement insurance reasonable and appropriate to City's use of the Facilities. 6. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such 21A1IT3 addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand - delivered or received by facsimile that clay. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S. mail, postage prepaid and addressed as follows: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 With copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Delhi: Delhi Center 505 E. Central Ave Santa Ana, CA 92707 Attn: Jenny Rios, Chief Executive Officer 7. EXCLUSIVITY AND AMENDMENT: This Agreement represents the complete and exclusive statement between the City and Delhi regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the Parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the Parties. 8. TERMINATION: This Agreement may be terminated by the City upon thirty (30) days written notice. Compensation shall be refunded on a pro -rata basis for any remaining portion of the respective term. 9. NONDISCRIMINATION: City shall not discriminate in the course of its activities in or about the Facilities on the basis of race, color, disability, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis prohibited by law. 10. JURISDICTION — VENUE_ 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. 2 ' 4' 11. AUTHORPI'Y: 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. ATTEST: MARIA D. HUIGAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OE SANTA ANA DAVID CAVAZOS City Manager DELHICENTER Name: Title: GERA.RDO MOUET Executive Director, Parks, Recreation, and Community Services Agency EXHIBIT A PROGRAM DETAILS PROGRAM: Santa Ana Public Library — Children's Library Literacy Pilot Program SERVICE DATE(S): Fiscal Year 2016 -- 2017 for the use of Delhi facility Room 103 with an option to renew for two, one year periods, all depending on future funding availability DESCRIPTION: Delhi Center will provide a space in the facility Iocated at 505 E. Central Ave., Santa Ana, CA 52707 for the Children's Library Literacy Pilot Program. The room being provided, Room 103, will include tables, chairs, white boards, and the use of cabinets to store program supplies. The room will be available Mondays, Tuesdays, and Thursdays from 2:30 pm to 5:30 pm and Wednesdays from 1:30 pm to 4:30 pm. The City will provide a Children's Library Literacy Pilot Program to promote early literacy, enhance academic success, and expand personal growth of children. Programming will include literacy based programming such as but not limited to storytime, IStorytime, Book Delivery, LEGO Junior Maker, Read with Me, STEAM and after- school homework help and tutoring to assist students with academic needs. There will be no charge for any programming under the Children's Library Literacy Pilot Program. The City will provide staff to coordinate and implement the program for a total of 864 hours of service (includes set up time) totaling $15,000 between October 2016 and June 2017. The program will start in October 2016 or as soon as staff is recruited. Children's Library Literacy Pilot Program will be available four days of the week. The program will be available Mondays, Tuesdays, and "Thursdays from 3:00 pm to 5:00 pm and Wednesdays from 2:00 pm to 4:00 pm. The City will also create a reading space for program participants. 4 :8*4