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Home My WebLink AboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATION - 2011INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUN ��,�` DATE:AUG � � C : Pc7�iCeC �� (.oY � SYr� � � �T�m ��r- �a -P,Y�> AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KIDWORKS COMMUNITY DEVELOPMENT CORPORATION N- 2011 -100 THIS AGREEMENT is made and entered into this � 37` day of c/ O/Iwq /a,/ , 2011, by and between KidWorks Community Development Corporation (hereinafter' "Contractor and /or KidWorks "), 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 KidWorks (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 O1 /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: 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 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, $625.00 per month during the term of the Agreement for the services provided as set forth 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 $15,000.00 during the entire 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 1 1, 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. 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 shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including 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, 2 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. 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 -1 98 8 telefacsimile (714) 647 -6956 With courtesy copies to: City of Santa Ana Police Department Attention: Officer Tom Serafin 60 Civic Center Plaza P.O. Box 1981 Santa Ana, California 92702 telefacsimile (714) 647 -6591 To Contractor. KidWorks Attn: Ava Steaffens, Director 1902 W. Chestnut Santa Ana, California 92703 714 - 547 -5468 telefacsimile 714 - 834 -9494 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714 - 647 -6515 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 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 4 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 X30) 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 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFIC THE CITY ATTORNEY B Teresa .Judd Assistant City Attorney SA A ANA M. W L E S In im City Manager �ic��etr�CS CDG Nam 3ri'a�a c�+.o%•Lr%S Tltl GO0 EXHIBIT A OPERATIONAL AGREEMENT Between and This Ope ational Agreement stands as evidence that the Santa Ana Police Department and Kid rks intend to work together toward the mutual goal of reducing gang violence and gang crime in the target area identified as policing grids 86, 87, 106, 107, 126, and 127 in th Southcoast Policing District. This Operational Agreement will be in effect for the life of,he grant specifically from 01/01/11 to 12/31/12. Both agericies believe that implementation of the Santa Ana Police Athletic and Activities League ( APAAL) program as described herein, will further this goal. To this end, each agency a tees 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 KidWorks for service p ,ovisions through: 1 . The p�oject staff being readily available to KidWorks for service provision using: site visits nd sharing of information between project staff and KidWorks 2. Regul rly scheduled meetings to be held quarterly between Ava Steaffens or her desig ee from KidWorks at 1902 W. Chestnut, Santa Ana, CA. 714 - 834 -9400 and Direct r Tom Serafin or his designee of the SAPAAL program at 60 Civic Center 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 following programs: Latino Educational Attainment training, a college student volunt er to assist the SAPAAL with the Santa Ana Building Healthy Communities initiati e, recruiting high school graduates from the target area to work on the youth enga ement for the Santa Ana Building Healthy Communities initiative, and the funding of a part -time position for the KidWorks afterschool program. Roles anal responsibilities The rolesand responsibilities of the Santa Ana Police Department PAAL will be to provide a .list to KidWorks of parents interested in attending the Latino Educational Attainme t training and classroom space at the SAPAAL Center for the training. The PAAL will also be responsible for selecting a college student volunteer for the Santa Ana Building ealthy Communities initiative, and recruitment and selection of high school graduate to work on the youth engagement for the Santa Ana Building Healthy Communi ies Initiative. Only youths and their parents in the target area may participate in any of�he above programs. Additionally, the Santa Ana Police Department PAAL will provide f nding from the CaIGRIP 201 O Grant to assist in the funding of a part -time position t assist in the KidWorks afterschool program. The roles and responsibilities of Kid Works will be to provide a minimum of two (2) sessions f the six (6) week Latino Educational Attainment training on the 10 Educatio al Commandments for Parents, assist the SAPAAL in indentifying a college student v lunteer for the Santa Ana Building Healthy Communities Initiative, and assist the SAPAAL in indentifying high school graduates to become AmeriCorps members to obtain and support youth participation in the Santa Ana Building Healthy Communities Initiative. KidWorks will also use funds from the Santa Ana Police Department PAAL CalGRIP 010 Grant to fund a part-time position for the KidWorks afterschool program. Transferlof Grant Funds Funds will be transferred once a month from the Santa Ana Police Department to KidWorks upon invoice presented to the Police Department. The total amount of funds for the life of the grant is not to exceed $20,000.00. Services rovided by Kid Works include providing a minimum of two (2) sessions of Latino Educational Attainment training, one (1) part -time position for the KidWorks afterscho I program, and assistance in identifying a (1) college student volunteer for the Santa An Building Healthy Communities, and identifying high school graduates from the targe area to become AmeriCorps members. Source Llocumentation KidWork� will have access to all information needed from the Santa Ana Police Department to meet OES reporting requirements. We, the undersigned, as authorized representatives of the Santa Ana Police De nt and KidWorks do hereby approve this document. Santa An Police Department Date �riaK eu�ir`c%5 Date ACORD CERTIFICATE OF LIABILITY INSURANCE AGGREGATELIMITS SHOMM MAY HAVE BEEN REDUCED BY PAIDCINMS. 0B/30/2 0 11 PRODUCER (949) 718 -0840 Global Program Managers 6 Ins. Srvcs., 09 9 Post Office Box 7119 Capistrano Beach CA 92629 -7119 Inc, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICq INSURED %idWOrks Community Development Corporation 1902 West Chestnut Avenue Banta Ana CA 97703- IemwERA. PHILADELPHIA IND61R7I7Y 18058 INSURERS EVEREST NATIONAL 10120 OISLAERG I I EACH OCCURRENCE InSUBERD Iwuuae. COVERAGES THE POLICIES OF INSURANCE LI97ED B SLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOPMTHSTANCINOANY REONREMENT, TERM OR CON0TON OF ANY CONTRACTOR OTHER DCCUMENT NTH RESPECT TOWHION THIS CERTIFICATE MAY BE IBELEDOR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATELIMITS SHOMM MAY HAVE BEEN REDUCED BY PAIDCINMS. IN6NAODl LTR INSgG IYPEOFINSURANCE POIICYNONBER POLICY URNIIVE OAIE MWGDfVY POLICYUMM70N NIE NMIWD'1 UNIg A GENERAL LAST n I I I I EACH OCCURRENCE p 11000,000 % DCMNERCML GENEPL LCIY PKN el E60Eeo e 1 100,000 CIAIMSWE �% GCCLA PNPR 660 740 01/07/7011 01/07 /7012 MEDEXP AA OM mn 6 5,000 PERSONALAADVINIURY 1 1,000,000 GENERALAGGREGAIE 9 21 DOO,OOD I I I l GEN'LAGGREGPTELINNISPUESPER'. PRODUCTS CGMPUAGG B 7,000,000 T P011m F1 T6 LCC AmaPOaLEUOaIUn ANYWiO I l I l roM BRED SOLE UNIT EMambM I S,000,ODO POCErlwugr ALOVMEOAN'oB PI@N 660 740 01/07/2011 01/07/2012 GCILp1LE0A07CG Prpnml 1 PODILnwum % HlCEOwros I I I I % NcNCWNEOmIOs IFxazdAr9 i PPOPFAIYAAMACE lenl�aal 1 GAPAGEDAAIIItt AmO CNLYEAACCIDEm 7 GTRmIn+ry EAUt I PNYAmG / I / / I wrooMe aGG pCESLUMBPFLLA WMIRY / / / I EAf11IXCURRf18E f CCCUq �CLAIMSMPDE A(GREGAIE t S CECUCTIAE I l I I i RHfMIDN 1 B woeXEUwaPENSanONAND 59000017671 -11 07IO1I7011 07/01/7017 % TDRViPu�is DER fNPLOVEASUAeultt ANYPRLfAIEiORWPRMEWEAPCMNE ELEAfll AG7CEN1 1 1, ODD, 000 EL.pIBEABEEIEMPIDYEEI 1,000.000 ORICERINEMPERENCLOOEGC / I I I N� %N36E�LIY��1 s�,YAlm�omBlossmeO ELDICEasE.vnICrLImT I 1,000,OOD mNEe p PAOPASBIONAL LIAB PNPR 660 710 01/07/7011 01/07/7017 gA'tl ENCmaNm $1, 000,OOD POGLtt At>;AgcAEe $1, 000,ODO DESCRIPPON OF mEPANGNS 'LOC11mN6NENICLF8e1tLU610N6 pWFO BY ENDOPSEMENII6PECAL P60VISNINS P,E, NPIffA RNA POLICE APNLRPIC 6 ACTNI7Y LRACOC GPANT CITY OP SAMPA AIA NAIL A9 ADDITIONAL IN9oP&D P80. ATPACNRO BPBCIAL eNDORRCE6NP IN TIC 6VBNP OP NON�PAYNRNP OP PARNImd, ONLP 88N (101 0.1Y9 NOTICe NILL NN GNIN. ) �,I,�I)Y'f;�) 1,1 III N UW ANY OF AXE ABOVE DF9CPIBFD PolN1E8 SE GINCEIIPO BEFORE MF GWRn110N GATE THEREOF, TXE IS6GING IN60RER WILL ENDFAVDN PO AIIL DID WYS WPInENNOTCEi01NECEWIFICATE XOLOERNRNfON INE LEF[SUI CITY OP SANTA ANA FAUUNE IOrosO SxAUINPOSf so oaucanoN Ce uoNUttoFAIry XwD UPONINE II6AGENf60RPFPNESfNTAPVEa P.O. Box 1988 'fENF.SI I.I Ph Au>xONUED UPeESENTenuE Santa Ane CA 92,�l966NB Allo1I •ObBfI J. MO�IfIMTO _ _ ' "" "'"" -' (yCORD 28�20011DB� wOACORD CORPORAlI0N 19BB F_�NS076fDICBI,Dt E[EmPONICIASERFGRMS,INGmDNYl5E6 PaMiW7 IMPORTANT If the oahifioate holder is an ADDITIONAL INSURED, the policy(les) must be entloreed, A statement on this cerVficate does oat wafer rights to Ne rarh'floa(e holder In lieu of such endorsemeol(s�. If SUBROGATION IS WAIVED, suhjeol to the temis and wndltlans of the policy, cehalo policies may require an endorsement. A statement on this cadificate does no( wnler rights Ic the ratltfioa(e holder in Ileu of such eodorsemenrysl, DISCLAIMER The Cedifiwte cf Insurance on the reverse side of this form does ool constitute a wnUad beM+een the issuing iosurer(s�, aoNoriretl represenlative or producer, end the ceNf¢ate holder, nor does d affirmatively or negatively amend, extend or adedhe coverage afforded by the policies Ilst¢tl thereon. acoaosstsoa�mst �� INSa26�otosl,ol v ®ePAf ADDITIONAL INSORED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY RE: Santa Ana Policy Athle(ic @Activity League Grant Insurance Company Philadelphia Indemnity Insurance Company This endorsement modifies such insurance as is afforded by the provisions ofPolicy N PHPK6602A0 _ relating lo the following: I. The City of Santa Ans, 20 Civic Center Plaza Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") wbh regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2 Whhrespacttoclsimsarisingoutoft heopua(ionsandus¢spuformedbyoron behalfofthensmad insur¢d, suehinsurance as is afforded by this policy is primary and is noI additional fo or centributingwith anyolher insurance carried by orfortha banefitof the additional insureds — EXCEPT IN THE CASE OFTHE CTfI"S GR055 NEGLIGENCE ORWILLFULMISCONDOCT. 3. Thisinsuraneeappliesseparat elytoeechinsuradagainstwhomolaimismadeor suilisbroughlezoeplwit hrespaet tothecompany'slimitsofliability. Theinelusionofany person or organization as an insured shall not affl any right which such person or organization would have as a claiman[ if not so inelud¢d, 4. Whh respeol (o the addi[ional insureds, [his insurance shall not becancelled, or materially reduced in oovuage or limits exaepl after thirty (70) days written notice has Kean given to lhaCity of Santa Ana, 20 Civic Cantu Plaza, San(a Ma, California 92701. (Completion of the following including countersignature, is required to makethis endorsement affective.) Effacfive: January 7, 2011 to January 1, 2012 this endorseman( form as a psr<of PalicyN PHPK660240 Issu¢d lo: Kidworks Community DevelopmentCorporation Named Ensured Countusignedby RobetlJ,Molioaro�d,';��.: "w «�^ Authorzed Represent live ��AgTpFOAM i TBAF&1GdM GyyA