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Home My WebLink AboutA-2002-215 ¡¡Wkf\i\!CE NOT REQIJIR@ WOHK MAY PROCE!:D CLERK OF COUNCIL DATE: 5 -I D -D 4- A-2002-215 c,)f~ LC, h '.v<I~) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT This Agreement, made and entered into this I g-il' day of NOVen<Pev ,2002, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Santa Ana Unified School District, ("DISTRICT"), WIINJ..L~~JHH Recitals: A. The CITY received State of California, Department of Parks and Recreation (hereinafter "State") grant of$59,100 to purchase two twelve passenger vans, VIN # I GAGG29RO I 1218225 and VIN #IGAGG29R311214749 (hereinafter referred to as "said vehicles"). Said vehicles are intended for transporting underprivileged children ofthe Minnie Street Coalition (hereinafter" Coalition"). B. The DISTRICT has been approved as the lead agency for Coalition. As lead agency, the DISTRICT can most effectively and efficiently utilize said vehicles to transport residents of the Minnie Street community and the larger Santa Ana community to the different service facilities offered to them. C. With the approval of the State of California, Department of Parks and Recreation, the parties wish to transfer title to said vehicles, the balance of grant funds, and the rights and obligations of the Grant Contract to the DISTRICT. WHEREFORE, it is agreed by and between the parties, the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and DISTRICT: I. DISTRICT'S OBLIGATIONS A. I. Authority. DISTRICT is a duly organized and existing public school district in good standing and authorized to do business under the laws of the State of California. DISTRICT has full right, power and lawful authority to accept the title and funds hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by DISTRICT has been fully authorized by all requisite actions on the part of DISTRICT. 2. Experience. DISTRICT is a qualified provider ofthe services to be provided hereunder. 3. Familiarity With Services Required. By executing this Agreement, DISTRICT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the 1 services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 4. No Conflict. To the best of DISTRICT'S knowledge, DISTRICT'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 DISTRICT is a party or by which it is bound. B. Amount of Grant. The CITY hereby grants to DISTRICT, title to said vehicles and the balance of grant funding in the amount of$9,274.00 (hereinafter "said funds"). Said funds shall be expended by DISTRICT for operational expenses, including maintenance of said vehicles. C. Use of Funds. (1) DISTRICT agrees to use said vehicles and funds provided pursuant to this Agreement to transport clients of the Coalition and the Santa Ana community to the different service facilities offered to them. Said vehicles are to be used primarily for clients served by the Coalition, however, other clients and program participants served within the Minnie Street! Cornerstone Village community, the City of Santa Ana and/or the District may be served as well. This may include clients of the Family Resource Center, Kennedy Elementary School, The Cambodian Family, the City of Santa Ana Weed and Seed Strategy and other partners approved and authorized by the DISTRICT. (2) DISTRICT shall comply with all terms, conditions and requirements of the Grant Contract entered between the State of California Department of Parks and Recreation and the City of Santa Ana, attached hereto as Exhibit A, and incorporated by this reference. (3) DISTRICT shall use and maintain said vehicles in accordance with all applicable laws, maintain said vehicles in good repair and house said vehicles in a suitable shelter. (4) DISTRICT'S failure to perform as required may result in a cancellation of this Agreement and a reversion of said vehicles and funds to CITY. D. Licensing. DISTRICT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. DISTRICT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing DISTRICT's operations hereunder. E. Record KeeDing/ReDorting. DISTRICT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the Grant Contract, and shall make those records available to the State of California for auditing at reasonable times. Said record shall include a monthly report to the City of Santa Ana Parks, Recreation and Community Services 2 Agency setting forth the number of clients served and the type of service provided through use of said vehicles. This report will include an itemized statement of all grant monies used for operating expenses during the previous month. F. Location of Records/Required Length of Record KeeDing. All accounting records, reports, and evidence pertaining to said vehicles and funds of the DISTRICT and all documents related to this Agreement shall be maintained and kept available at DISTRICT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after termination of this Agreement. 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 five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event DISTRICT does not make the above-referenced documents available within the city of Santa Ana, California, DISTRICT 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. G. Confidentialitv. Without prejudice to any other provisions of this Agreement, DISTRICT 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, DISTRICT shall submit to CITY, all records requested, including audit, examinations, monitoring and verifications of reports submitted by DISTRICT, costs incurred and services rendered hereunder. H. IndeDendent Contractor. DISTRICT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. II. CITY'S OBLIGATIONS A. Transfer of Vehicles. Upon execution ofthis Agreement by DISTRICT, CITY shall transfer title of said vehicles to DISTRICT. B. The State Department of Parks and Recreation holds funds in the amount of $9,274.00, available to carry out the purpose of the grant. Those funds will be released to CITY upon expenditure of the entire grant amount. CITY will reimburse DISTRICT upon approval of DISTRICT invoices. III. TERM This Agreement shall commence May I, 2004 and terminate on May I, 2007, unless terminated earlier in accordance with Section IX, below. 3 IV. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 TO DISTRICT: SANTA ANA UNIFIED SCHOOL DISTRICT 160 I E. Chestnut Santa Ana, California 9270 I Attn: Donald A. Stabler V. ASSIGNABILITY None of the duties of, or work to be performed by, DISTRICT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. DISTRICT 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 DISTRICT pursuant to this Agreement. VI. HOLD HARMLESS DISTRICT shall indemnifY, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnifY and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of DISTRICT, its officers, directors, employees, agents, subcontractors and suppliers arising out of DISTRICT'S performance of this Agreement. CITY shall indemnifY, defend and save harmless DISTRICT, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings resulting from or arising out of the negligent or wrongful acts, errors or omissions of CITY, its officers, employees, agents, subcontractors and volunteers arising out of CITY'S performance of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. CITY OF SANTA ANA DATED: DAVIDN. AM City Manager ~: .,/ bd~~~ PATRICIAE.HEALY \J Clerk 0 f the Cou1lCil APPROVED AS TO FORM: ~ City Attorney t.TL~ APPROVED AS TO CONTENT: ~ Executive Director - Parks, Recreation and Community Services Agency DATED: SANTA ANA UNIFIED SÇHOOL DIS~RIGT: \ . '\ 1 ¡\ ',¡' I. ',( I ¡ '. ' . I. . ~ \ , DONALD A. STABLER Associate Superintendent Business Services Tax ID: 95-6002823 K:\ WPDOCS\D030\POü I \000 12243.DOC 7