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HomeMy WebLinkAbout25E - AGMT - ILLUMINATION AND GOODWILLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2015 TITLE: AGREEMENTS WITH ILLUMINATION FOUNDATION AND GOODWILL INDUSTRIES (STRATEGIC PLAN NOS. 2, 2, 4) < A i CITY MANAGER A RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an agreement in the amount of $30,000 with Illumination Foundation for the term of July 1, 2015 through June 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute an agreement in the amount of $50,000 with Goodwill Industries for the term of July 1, 2015 through June 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION At its regular meeting of April 21, 2015, City Council directed the City Manager to explore alternate funding for two non - profit organizations that applied for Community Development Block Grant (CDBG) funding, but were not recommended by the Community Redevelopment and Housing Commission. Additional general funding for public service programs was identified and $80,000 is available to fund these two additional organizations. Illumination Foundation will be funded at $30,000 to provide crisis prevention and intervention curriculum to give Santa Ana's most at -risk youth a more promising future and create generational change. Goodwill Industries will be funded at $50,000 for a workforce development program to assist Santa Ana residents with the skills to secure employment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #2 Youth, Education, Recreation, Objective #2 (Focus resources on quality youth engagement, enrichment and education programs through community center, libraries and after - school programs during out -of- school hour), and Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). 25E -1 Agmt with Illumination Foundation and Goodwill Industries May 5, 2015 Page 2 FISCAL IMPACT Funding for the program will be budgeted in the Fiscal Year 2015 -2016 general non - departmental expenditure account (no. 01105015- 62300.) APPROVED AS TO FUNDS AND ACCOUNTS: 9.. � Francisco Gutierrez Executive Director Finance and Management Services Agency kr /sv /te /sb Exhibit: 1. Illumination Foundation Agreement 2. Goodwill Industries Agreement 25E -2 CITY OF SANTA ANA DONATION AGREEMENT WITH THE ILLUMINATION FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on May 5, 2015, by and between 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") and The Illumination Foundation, a California non -profit organization ( "Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community_ Benefit. The City wishes to provide Recipient with funding to provide crisis prevention and intervention curriculum to give Santa Ana's most at -risk youth a more promising future and create generational change ( "Community Benefit'). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide fimding for such program. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because it will assist City at -risk youth with crisis prevention and intervention assistance. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Punds. The City has chosen to provide Recipient with Thirty Thousand Dollars ($30,000,00) because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement, and set forth in greater detail in Exhibit A ( "Scope of Services "), attached hereto and incorporated herein by reference. Should Recipient fail to use the fwrds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 12 Tenn; Termination of Agreement. This Agreement shall take effect on July 1, 2015 and remain in effect through June 30, 2016. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indernnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 25E -3 3.3 Insurance. Prior to undertaking performance of work under this Agreement, Recipient shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Recipient 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 death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Recipient's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Recipient, if Recipient 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, Recipient agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Recipient is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Recipient pursuant to this section: (i) Recipient 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 by the City. (iii) 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. f. If Recipient fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Recipient's right to be paid for its time and materials expended prior to notification of termination. Recipient waives the right to receive 2 25E -4 compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient' own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient' obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Records. Recipient shall keep records and invoices in connection with the work to be performed under this Agreement. Recipient shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Recipient under this Agreement, All such records and invoices shall be clearly identifiable. Recipient shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Recipient shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Recipient under this Agreement. 3.7 Conflict Of Interest Clause, Recipient covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25E -5 3.8 Independent Contractor. Recipient 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 Recipient performs the services which are the subject matter of this Agreement; however, the services to be provided by Recipient shall be provided in a manner consistent with all applicable standards and regulations governing such services. Recipient 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. 3.9 Assignment. Inasmuch as this Agreement is intended to secure the specialized services of Recipient, Recipient 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 Recipients retained by City. 3.10 Exclusivity and Amendment. This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. 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 Consultant 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. 3.11 Discrimination. Recipient 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. Recipient affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 3.12 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. 3.13 Professional Licenses. Recipient 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. Recipient 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. 4 25E -6 3.14 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.15 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 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: SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager "RECIPIENT" The Illumination Foundation Name: Title: 25E -7 EXHIBIT A ILLUMINATION FOUNDATION Ross Street Children's Resource Center (CRC) Scope of Services Summary of Services: The Ross Street Children's Resource Center (CEC) will provide proactive crisis prevention and intervention curriculum to give Santa Ana's most at -risk youth a more promising future and create generational change. Program Details: Located in the Willard neighborhood, the mission of the CRC will be executed by providing programs including but not limited to early childhood education, after - school programs, free meal services, individual counseling, art therapy, homework and academic assistance, parenting classes, adolescent mentoring, outdoor recreation, team sports, drama classes, music, speech and language therapy, and basic needs assistance. Services will be provided at the CRC Monday through Friday all day, including out of school hours to engage youth during these prime hours. Services will be provided during the school year, as well as during vacations /breaks to maximize program effectiveness. Having a local CRC will ensure that families who face barriers accessing resources (transportation, are monolinguals, monetary constraints, etc.) can easily access resources in their immediate neighborhood. Most series will be provided in a group classroom setting, with specialized services (e.g. counseling) offered individually. In addition, children and families will connect with qualified case managers, in an effort to foster family growth and connect families to community resources as needed. The case manager will work closely with each family in topics such as housing security, family budgeting, goal setting, workforce development, therapy, and activities that promote family togetherness. Additionally, medical outreach events through the Illumination Foundation's mobile medical clinic will provide residents with easy access to healthcare. Benchmarks: The Ross Street CRC intends to: 1. Serve 250 children and adults by providing childhood enrichment and early childhood programing, parenting classes, life skills classes, therapy and family advocacy; 2, Conduct classroom observation to further build rapport with teachers at Willard Intermediate School and as a means to gain further insight on students' behaviors inside the classroom; 3. Create individualized goals for students to gauge measure personalized growth 4. Implement programs for adults that further promote mobility (ESS classes, education on childhood development for parents); 5. Execute a more robust program for adolescents to provide interviewing for adolescents already engaging in delinquent anti - social behaviors. 25E -8 Leib 01WFAU lV1GLl,/1 DONATION AGREEMENT WITH GOODWILL INDUSTRIES OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ( "Agreement") is entered into on May 5, 2015, by and between 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 ") and Goodwill Industries of Orange County, a California non -profit organization ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in developing and managing a workforce development program to assist Santa Ana residents with the skills to secure employment ( "Community Benefit'). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding for such program. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because it will assist City residents with job skills and employment assistance. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with Fifty Thousand Dollars ($50,000.00) because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement, and set forth in greater detail in Exhibit A ( "Scope of Services ") attached hereto and incorporated herein by reference. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3,2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on duly 1, 2015 and remain in effect through dune 30, 2016. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 25E -9 3.3 Insurance. Prior to undertaking performance of work under this Agreement, Recipient shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Recipient 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 death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Recipient's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Recipient, if Recipient 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, Recipient agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Recipient is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Recipient pursuant to this section: (i) Recipient 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 by the City. (iii) 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. f. If Recipient fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Recipient's right to be paid for its time and materials expended prior to notification of termination. Recipient waives the right to receive 25E -10 compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification, Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including,, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses, The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient' own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient' obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Records. Recipient shall keep records and invoices in connection with the work to be performed under this Agreement. Recipient shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Recipient under this Agreement. All such records and invoices shall be clearly identifiable. Recipient shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Recipient shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Recipient under this Agreement. 3.7 Conflict Of Interest Clause. Recipient covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified wider this Agreement. 25E -11 3.8 Independent Contractor. Recipient 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 Recipient performs the services which are the subject matter of this Agreement; however, the services to be provided by Recipient shall be provided in a manner consistent with all applicable standards and regulations governing such services. Recipient 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. 3.9 Assi mg nent. Inasmuch as this Agreement is intended to secure the specialized services of Recipient, Recipient 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 Recipients retained by City. 3.10 Exclusivity and Amendment. This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the panties. 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 Consultant. 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 Consultant 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. 3.11 Discrimination. Recipient 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. Recipient affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 3.12 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. 3.13 Professional Licenses. Recipient 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. Recipient 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. !7 25E -12 3.14 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 'The teens and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.15 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 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: SONIA R. CARVALHO City Attorney r By: L 4jniy — isa Storek Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager "RECIPIENT" Goodwill Industries of Orange County Name: Title: 25E -13 EXHIBIT A GOODWILL INDUSTRIES OF ORANGE COUNTY Good Jobs Program - Scope of Services Summary of Services: Goodwill's Good Jobs program will assist 50 Santa Ana residents with the skills to secure employment and earn Certification in Office Clerk, Retail or Security. Program Details: The Good Jobs program provides the opportunity for Santa Ana residents who have barriers to employment to gain access to a job - preparation program that has an ultimate goal of job placement and increased family stability for participants. The program consists of: 1. Intake and IEP development — initiation, one on one setting 2. Job Seeking Skills Training — daily and weekly, class setting 3. Financial Wellness Program — weekly, class setting 4. Occupational Skills Training including Certification in Office Clerk, Retail and Security — weekly /12hours: 4 courses at 3 hours each, class setting 5. Job Placement Services — daily, ongoing, group setting 6. Support Services — direct supports such as bus and food vouchers, and referral to community resources for other needs, one on one setting T Retention The target population includes individuals living at or below 200% of Federal Poverty Level, individuals with limited English, limited education, persons with disabilities including mental illness and individuals with other barriers to employment. Upon enrollment, Goodwill Job Developers conduct an intake interview and develop and Individual Employment Plan (IEP) with each participant. The IEP contains time -based and measurable goals that support a pathway to employment. It also identifies needs or barriers (i.e. transportation, language, and clothing). Over the course of 12 months, participants will complete the job - readiness training and subsequently utilize Goodwill's Career Center to conduct job search and to attend additional and optional programs and workshops. Goodwill provides training in multiple languages including Spanish, Vietnamese, Cambodian, Korean and Farsi. Short Term Outcomes: 50 Program participants will: 1. develop resume building skills, and a professional resume 2. develop a financial wellness plan 3. increase their keyboard, MS Word and internet skills 4, transition from unemployment to employment Long Term Outcomes: 20 Program participants will: 1. obtain an office job earning $12 -$14 an hour or higher 2. earn a credential, diploma or degree 25E -14