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
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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
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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
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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
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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 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.
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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
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
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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 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
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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:
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