HomeMy WebLinkAbout25A - AGMT - DELHI LIBRARY SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 20, 2016
TITLE:
FACILITY USE AGREEMENT WITH THE
DELHI CENTER FOR SPACE FOR
LIBRARY PROGRAM SERVICES
{STRATEGIC PLAN NO. 2,2A)
l
CITY MANAGER
[ � 3 � � .7 (�7 � +T• 111 � C+ �1 I A I � T� i7
APPROVED
[J As Recommended
E]
As Amended
E]
Ordinance on 9 t Reading
0
Ordinance on 2nd Reading
E]
Implementing Resolution
E]
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a facility use agreement with the
Delhi Center to provide space at the Delhi Center for library program services for an amount of
$15,000 from October 1, 2016 through June 30, 2017, with two, one -year renewal options at the
same amount each year, based of funding availability, subject to non - substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
As part of the Fiscal Year 2016 -2017 the Santa Ana City Council approved funding to expand
and implement services, normally provided at the Santa Ana Library, at the Delhi Center. The
Fiscal year 2016 -2017 allocation was for $30,000, of which 50 percent would be allocated
towards program staffing and 50 percent for programming space at the Delhi Center.
Library services at the Delhi Center will include a Children's Library Literacy Pilot Program to help
promote early literacy and enhance academic success. Programming offered will include literacy
based programming such as, but not limited to, after- school homework help and tutoring to assist
students with academic needs, storytime, IStorytime, Book Delivery, LEGO Junior Maker, Read
with Me, and STEAM. To provide a meaningful introduction to the library and encourage youth to
read, the Library will create a reading space where material will be available for program
participants. The program will be available Mondays, Tuesdays, and Thursdays from 3:00 pm to
5:00 pm and Wednesdays from 2:00 pm to 4:00 pm.
The attached agreement includes the option to renew for up to two, one -year periods, based on
future years' funding availability.
25A -1
Facility Use Agreement with the Delhi Center
for Space for Library Program Services
September 20, 2016
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #2 - Youth, Education, Recreation, Objective
#2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement,
civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand
after - school programs during out -of- school hours at the library and community centers).
FISCAL IMPACT
Funds are available in the following account for the specified fiscal years:
Youth Services (no. 01111160 - 62300)
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
EXHIBIT: 1. Agreement
5,000 $15,000 $15,000
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
25A -2
FACILITIES USE AGREEMENI` BETWEEN
CITY OF SANTA ANA AND DELHI CENTER
THIS FACILITIES USE AGREEMENT is made and entered into this 20th day of
September, 2016 by and between the City of Santa Ana, a municipal corporation and
charter city organized and existing under the Constitution and laws of the State of
California ( "City "), and the Delhi Center, a California nonprofit public benefit
corporation ( "Delhi ") (collectively referred to as the "Parties ").
RECITALS
A. City wishes to utilize portions of the Delhi Center to provide tutoring and literacy
programming services to participants, including residents of the City.
B. Delhi is willing to allow use of the Delhi Center for such purposes subject to the
terms of this Agreement.
The Parties therefore agree as follows:
1. GRANT OF PERMISSION AND FACILITIES TO BE USED: Delhi hereby
grants City permission to utilize Delhi Center Room 103 ( "Facilities ") for the purpose of
conducting a Children's Library Literacy Pilot Program, as more specifically described
on Exhibit A and on the dates and times therein. Other portions of the premises may be
used by mutual agreement of the Parties.
2. COMPENSATION: City agrees to pay Delhi $15,000 for the use of the
Facilities during the term of this Agreement, due within forty -five (45) days following
full execution of this Agreement. The amount of compensation shall be the same for any
extension term provided in Section 3.
3. TERM: This Agreement shall commence on October 1, 2016 and continue
through June 30, 2017. The term of this Agreement may be extended for two additional
one -year periods by a writing executed by the City Manager and the City Attorney.
4. INDEMNIFICATION: The Parties agrees to indemnify, protect, defend, and
hold harmless each other, and their respective officers, agents, employees, consultants,
and representatives from and against any and all claims, damages, judgments, attorney's
fees, costs and expenses each Party may incur in the performance of this Agreement, to
the extent such are attributable to the opposite Party's negligence or willful misconduct in
its respective use of the facilities.
5. INSURANCE: City agrees to obtain and maintain during the term of this
Agreement insurance reasonable and appropriate to City's use of the Facilities.
6. NOTICE: Any notice, tender, demand, delivery, or other communication
pursuant to this Agreement shall be in writing and directed to the addresses below or such
21A1IT3
addresses as either party may later specify in writing. Notice is deemed effective on the
date it is given if hand - delivered or received by facsimile that clay. Notice given by U.S.
mail shall be deemed to have been given three (3) business days after it is deposited in
the U.S. mail, postage prepaid and addressed as follows:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
With copies to: Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Delhi: Delhi Center
505 E. Central Ave
Santa Ana, CA 92707
Attn: Jenny Rios, Chief Executive Officer
7. EXCLUSIVITY AND AMENDMENT: This Agreement represents the
complete and exclusive statement between the City and Delhi regarding the subject
matter herein, and supersedes any and all other agreements, oral or written, between the
Parties regarding the use of the Facilities. 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 Parties.
8. TERMINATION: This Agreement may be terminated by the City upon thirty
(30) days written notice. Compensation shall be refunded on a pro -rata basis for any
remaining portion of the respective term.
9. NONDISCRIMINATION: City shall not discriminate in the course of its
activities in or about the Facilities on the basis of race, color, disability, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, disability, or any other
basis prohibited by law.
10. 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.
2 ' 4'
11. AUTHORPI'Y: 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.
ATTEST:
MARIA D. HUIGAR
Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
John . Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CITY OE SANTA ANA
DAVID CAVAZOS
City Manager
DELHICENTER
Name:
Title:
GERA.RDO MOUET
Executive Director, Parks, Recreation, and Community Services Agency
EXHIBIT A
PROGRAM DETAILS
PROGRAM: Santa Ana Public Library — Children's Library Literacy Pilot Program
SERVICE DATE(S): Fiscal Year 2016 -- 2017 for the use of Delhi facility Room 103
with an option to renew for two, one year periods, all depending on future funding
availability
DESCRIPTION:
Delhi Center will provide a space in the facility Iocated at 505 E. Central Ave., Santa
Ana, CA 52707 for the Children's Library Literacy Pilot Program. The room being
provided, Room 103, will include tables, chairs, white boards, and the use of cabinets to
store program supplies. The room will be available Mondays, Tuesdays, and Thursdays
from 2:30 pm to 5:30 pm and Wednesdays from 1:30 pm to 4:30 pm.
The City will provide a Children's Library Literacy Pilot Program to promote early
literacy, enhance academic success, and expand personal growth of children.
Programming will include literacy based programming such as but not limited to
storytime, IStorytime, Book Delivery, LEGO Junior Maker, Read with Me, STEAM and
after- school homework help and tutoring to assist students with academic needs. There
will be no charge for any programming under the Children's Library Literacy Pilot
Program. The City will provide staff to coordinate and implement the program for a total
of 864 hours of service (includes set up time) totaling $15,000 between October 2016 and
June 2017. The program will start in October 2016 or as soon as staff is recruited.
Children's Library Literacy Pilot Program will be available four days of the week. The
program will be available Mondays, Tuesdays, and "Thursdays from 3:00 pm to 5:00 pm
and Wednesdays from 2:00 pm to 4:00 pm. The City will also create a reading space for
program participants.
4
:8*4