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HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER (OCCTAC) 17 - 2011 INSURANCE!iQI IlE WORK MAY OCEED . CLE COUNCIL "~ W E: JUL 2 4 ll\\l (J \ 't/ .!t. DJ ~I -2 l~ J.. / . ).-. ~ Q"C..9 0.-91' <4:... cJ. 4- ifJ D~ ,'-J -f .- .. ,~ '() (]ill~ r6 Q;.:~ -' Cl ~ (D I ~ttJ~ ' :::::!..9 '-'-u .- U :z 0 ~ f1\ :Z...E oa:<:~U6\O wCl..a: , U I o>,::::l(bu.. z:~~. at"'- <C -_:.<: ~~:::::! a:Uj U)o!z ~!;;;c ~:5:::::l UCl 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 1 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 2 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. 3 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 4 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 5 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: kv-r- .:n {?'I'-e ~ '.J c..=::: D\(ec~ 6 EXHIBIT A 7 . , 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. .' r , , , 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. I ()r' 01~L~ Date Date II 07/26/2012 17:59 FAX ACCRD 'lV 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 # I 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 GENERAl UABlUTY PHPK794249 12/21/2011 12/21/2012 EACH OCCURRENC $ - X cor. I/IERCIAL GENERAl. LIABILITY DAMAGE TO RENT< P $ I CLAIMS MADE 00 OCCUR MED EXP (Any one ~ ~~ $ PERSONAL & ADV I URY $ GENERAlAGGREG TE $ Pl<ODUCTS - COMP P AQG $ INSURER D' INSURER E; A GEN'L AG !;REGATE LIMIT APPLIES PER: I POLl Y n ~m fXll..OC AUTOMOE LE L.lABJUTY - AN'( UTO --- All ( WNED AUTOS --- SCH pULEO AUTOS I-- X HIRE! AUTOS f-- X NON- WNED AUTOS r-- '---- l,Ooo,OO€l lOO,OO(] 5,OO<<J 1 OOO,oo(J 2,000,000 2,ooO.00Cl A PHPK794249 12/21/2011 12/21/2012 COMBINED SINGLE !MIT (Ea accident) $ 1,000,000 BOOII.. Y INJURY (Per p8r30n) $ BODII.. Y INJURY (Per ac:eidenl) $ PROPERTY DAMAGE (Per accident) $ GARAGE 1. ABlUTY R A~,UTO EXCESSIU 8REU.A UABlUTY =:J OCCU 0 Cl..AlMS MADE I DEDU T1BLE I RETE nON $ WORKERS COM~ HSA110N AND EMPLOYERS" UAI IUTY AN'( PROPRIETO ~ARTNERlEXECU1lVE OEECERlMEMSE EXCLUDED? -. If yes, describe UIlC I!r SPECIAL ?ROVlS NS below pO~1ression 1 Liability r\ AUTO ONLY. EA AC( DENT $ OTHER THAN :A ACe $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ .. I WCSTATU- I IOJit E.L.. EACH ACCIDENT $ E.L. SISEASE--eA EM L~e $ E.l.. DISEASE. POwe' LIMrr $ Incident L mit: $1,000,000. 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 $50,O)() Aggregate lis Insurance Shall be Primary and Non-Contributory but Only in the Event of the Named Isured's Sole Negligence per attached endorsement APPIIOVEDA~TOFORM :xcept 10 Day 5 Notice of Cancellation for Non-Payment of prenrium \ rc 1\ C....C..-.L. "T"I--' ' . .J,-;;7.... ~- ERTIFICATE HO .DER .AN' .J::.l.LA I IUN .....--- \ SHOULD AN'{ OF THE ABOVE BE CAl cE\e..sD BEFORE THE City of Santa Ana Police Athletics EXPlRA~NDATEntEREOF,nteISSUI~G~~ .7 TOIlAlL ,,---.... a. nd AC$.vities league, Its Officers EJq:Jloyee *30 DAYSWRlTTENNoncnont OTHEl..EFT Agents 1 unteers & Representatives -" ' Attn: T Serafin BUTFAlLURETOMAlLS_~ A .'." ..~"iT1ONOfUlASlUTY 2627 Wes~ McFadden Street OF AN'{ KINO UPON TltEJ;Ju-" R.! !NTATlVES. Santa Ana, CA 92704 AUTHORIZED REflRESEN~ _ 7 In.-L A .II{ r 'OIVf/W v (/'- ::ORD 25 (2001/0 ) @ACO D CORPORATION 1988 I 07/26/20~2 18:00 FAX '- I 1 P9L1CY NUMBER: 141 0003/0003 .---...' PHPK794249 COMMERCIAL GENE L UABILlTY G 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAR FWLL Y. . ..---.. \ Sec..l:on II - Who Is An Insured is amended to in- 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: . A. I the ~rforma'!l?!,of yo~r o!!99i!lQ ~~.~i~ns; ~!_. B~ r connection With your premises owned by or r ntOO to you. . I -'1'" , ,.----- \ I I I \ CG 1260704 I I @ ISO Properties, Inc., 2004 Page 1 of 1 o