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HomeMy WebLinkAbout1996-04-23 - AGENDA REPORTS - VAL VERDE VISTA WRESTLING PGM (2)AGENDA REPORT City Manager Approval Ae Item to be presented by:77 Jeff Kolin. Deputy City Manager, Special Proiects CONSENT CALENDAR DATE: April 23, 1996 SUBJECT: VAL VERDE-CASTAIC INVOLVEMENT IN SPORTS AND TEA ACTIVITY (VISTA) WRESTLING PROGRAM FOR KIDS DEPARTMENT: City Manager's Office/Special Projects BACKGROUND The Anti -Gang Task Force has formed a number of subcommittees to provide additional opportunities for volunteer involvement. One sub -committee has been formed to investigate and recommend implementation of successful program models from other areas. The New Programs Sub -Committee is chaired by Gloria Mercado with Bruce Fortine, Dave Butler, JoAnne Darcy, Angie Jaramillo, and Maria Aguilar as committee members and Johnathan Skinner acting as staff liaison. The Sub -Committee is recommending a partnership with the VISTA Wrestling Program currently being offered in Val Verde and Castaic to bring wrestling instruction and competition to at -risk youth in the Santa Clarita Valley. Funding will be provided to buy equipment for the wrestling program which will be held at College of the Canyons. Mat $3,500.00 Mat Transporter 179.80 Mat Strap 57.00 Scale 899.95 Timer 379.60 Scoreboard 167.60 TOTAL: 5 183.95 A contract has been developed which calls for a minimum of 20% of the students in each wrestling class to be referrals from the Anti -Gang Task Force. Participants would be able to participate in the program without paying program fees. The term of the agreement is for four years and includes waivers of liability, indemnification and liability insurance requirements. Funds are available for the program in Account No. 01-4103-231 Anti -Gang Task Force. 1911 o , ,. It is recommended that the City Manager be directed to execute the agreement pending approval of the City Attorney as to form and expend $5,183.95 from Account No. 01-4103-231 for wrestling equipment. ATTACHMENT Agreement AGREEMENT FOR WRESTLING EQUIPMENT PURCHASE BETWEEN THE CITY OF SANTA CLARITA AND VAL VERDE-CASTAIC INVOLVEMENT IN SPORTS AND TEAM ACTIVITY (VISTA) WRESTLING PROGRAM FOR KIDS This AGREEMENT ("AGREEMENT") FOR WRESTLING EQUIPMENT PURCHASE BETWEEN THE CITY OF SANTA CLARITA AND VAL VERDE-CASTAIC INVOLVEMENT IN SPORTS AND TEAM ACTIVITY, INC. (VISTA) is entered into this day of , 1995, by the City of Santa Clarita, ("City"), and Val Verde-Castaic Involvement in Sports and Team Activity, Inc. ("CORPORATION'), a 501 (c) (3) non-profit public benefit corporation providing a wrestling program for kids. RECITALS WHEREAS, City has determined that it is necessary to provide healthy alternatives to gangs for our young people. WHEREAS, City desires to assist in funding the purchase of equipment for VISTA, to be held at College of the Canyons in the gymnasium. WHEREAS, the CORPORATION has represented to City that it has the skill and ability necessary to provide the services required by City and more fully described in EXHIBIT "A" to this Agreement, and the City of Santa CMta has relied on CORPORATION'S representations; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. SCOPE OF SERVICES. CORPORATION Shall perform those services specified in EXHIBIT "A" "SCOPE OF SERVICES" in support of City's commitment to provide meaningful activities for young people. SECTION 2. TERM OF AGREEMENT. The term of this AGREEMENT shall be from the date of execution of this AGREEMENT, as first shown above, for a period of four years, beginning in 1996. Vistaxon page no. 1 SECTION 3. SCHEDULE OF PERFORMANCE. The services of CORPORATION are to be completed according to the schedule set out in EXHIBIT "B" "SCHEDULE OF PERFORMANCE". Time is of the essence in this AGREEMENT. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. A. Subject to the limitations contained in SECTION 9, "TERMINATION' and EXHIBIT "A" ("SCOPE OF SERVICES"), CORPORATION shall be paid the amounts identified in EXHIBITS "A" and "C". The total cost of equipment shall not exceed $5,183.95 dollars ($5,183.95). B. The City agrees to pay the following start up costs for the VISTA Wrestling Program: Mat $3,500.00 Mat Transporter 179.80 Mat Strap 57.00 Scale 899.95 Timer 379.60 Scoreboard 167.60 $5,183.95 SECTION 5. INDEPENDENT CONTRACTOR. SECTION 6. ASSIGNABILITY. The expertise and experience of CORPORATION are material considerations for this AGREEMENT. CORPORATION shall not assign or transfer any interest in this AGREEMENT or the performance of any of CORPORATION'S obligations without the prior written consent of City. Any attempt by CORPORATION to assign or transfer any of CORPORATION'S rights, duties or obligations arising under this AGREEMENT shall be void. Vista.cm page no. 2 SECTION 7. INSURANCE. CORPORATION agrees to have and maintain the policies set forth in EXHIBIT "D" "INSURANCE". All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by City. CORPORATION agrees to provide City with a copy of required policies. SECTION 8. NONDISCRIMINATION. CORPORATION shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religious creed, national origin, ancestry, physical handicap, medical condition or marital status in connection with or related to the performance of this AGREEMENT. SECTION 9. TERMINATION. A. City may terminate this AGREEMENT at any time by giving ten days' written notice of termination to corporation. If City gives such notice of termination, CORPORATION shall cease immediately all work in progress. If AGREEMENT is terminated prior to the fourth year, the CORPORATION shall reimburse the City the depreciated value of the wrestling equipment as determined by the current market value. If the AGREEMENT is terminated within the first year, the CORPORATION will reimburse the City 75% of the current market value of the equipment, 'If the AGREEMENT is terminated in the second year, the CORPORATION will reimburse the City 50% of the current market value. If the AGREEMENT is terminated in the third year, the CORPORATION will reimburse the City 25% of the current market value. If the AGREEMENT is terminated in the prior to the end of the fourth year, the CORPORATION shall reimburse the City 10% of the current market value. B. If CORPORATION or City fails to perform any material obligation under this AGREEMENT, then, in addition to all other remedies, City or CORPORATION may terminate this AGREEMENT immediately upon written notice. C. Upon termination by either City or CORPORATION, CORPORATION shall deliver to City all property of the City in CORPORATION possession and copies of all reports, documents, and other work prepared by CORPORATION under this AGREEMENT. D. CORPORATION may terminate this Agreement at any time upon ten (10) days' written notice of termination to City, and will then be obligated to reimburse the City as specified in Section 9A (TERMINATION) of this AGREEMENT. Vistaxon page no. 3 SECTION 10. LAW TO GOVERN, VENUE. The law of the State of California shall govern this agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the county of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California, in Los Angeles. SECTION 11. COMPLIANCE WITH LAWS. CORPORATION shall comply with all applicable laws, ordinances, codes and regulations of the College of the Canyons, federal, state and local government.. SECTION 12. CONFIDENTIAL INFORMATION. SECTION 13. OWNERSHIP OF MATERIALS. All equipment discussed within this AGREEMENT shall be the sole property of the VISTA upon conclusion of this four year AGREEMENT. Prior to the conclusion of this AGREEMENT, equipment will be the property of the VISTA, with the stipulation that the City will be reimbursed for the depreciated value of the equipment should this AGREEMENT be terminated by either party. The details of this reimbursement are listed in section 9A (TERMINATION) of this AGREEMENT. SECTION 14. WAIVER Waiver by City or CORPORATION of any breach of any of the provisions of this AGREEMENT shall not constitute a wavier of any other provision nor a waiver of any subsequent breach or violation of the same or any other provision of this AGREEMENT. Acceptance by City of any services by CORPORATION shall not be a waiver of any of the provisions of this AGREEMENT. vista.con page no. 4 SECTION 15. CORPORATION'S BOOKS AND RECORDS. A. CORPORATION shall provide copies of any and all , invoices, student records, or documents evidencing or relating to equipment expenditures and student referrals by the City. B. CORPORATION shall maintain all documents and records which demonstrate performance under this AGREEMENT for the period, and provide copies of all of the above to the City. C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be made available for inspection or audit, at any time during regular business hours, upon written request by City or a designated representative. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CORPORATION address indicated for receipt of notices in this AGREEMENT. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution or termination of CORPORATION'S business, City may, by written request, require that custody of the records referred to in this SECTION 15, to the extent such records are required to be maintained by contractors with public agencies under the laws relating to audits of public agencies and their expenditures, be given to City and that the records and documents be maintained by City. Access to such records and documents shall be granted to any party authorized by CORPORATION, CORPORATION'S representative, or CORPORATION'S successor -in -interest. SECTION 16. CONFLICT OF INTEREST. CORPORATION shall at all times avoid conflict of interest or appearance of conflict of interest with the interests of the City in the performance of this AGREEMENT. SECTION 17. EXHIBTI'S INCORPORATED. EXHIBITS "A' through "E" are attached to and incorporated in this AGREEMENT by this reference. Vista.con page no. 5 SECTION 18. NOTTCES. All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To CITY: City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 and to: City Attorney City of Santa Clarita 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 Tel: (213) 236-0600 Fax:. (213) 236-2700 to CORPORATION VISTA 22502 Los Tigres Saugus, CA 91350 296-4639 Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3) days after deposit in the mail. SECTION 19. DISPUTE RESOLUTION: PERFORMANCE AFTER DISPUTE. A. All disputes concerning the interpretation, performance, breach or termination of this AGREEMENT shall be decided by binding arbitration before a retired federal or California judge, according to the provisions of Section 1280 et seq. Of the California Code of Civil Procedure, through the Los Angeles County offices of the Judicial Arbitration and Mediation Service ("JAMS"). The parties shall attempt to agree upon a retired judge from the JAMS panel, but if they are unable to agree within thirty (3) days after commencement of a proceeding, JAMS will provide alist of three available judges and each parry may strike one. If for any reasons JAMS is unavailable, the dispute shall be decided by a retired federal or California judge, sitting as an arbitrator, and selected by the parties. If the parties are unable to agree upon a retired judge within 30 days after receipt of written notice, a retired judge shall be appointed by the Presiding vista.con page no. 6 Judge of the Los Angeles County Superior Court. The arbitrator shall render a written decision stating reasons therefor in reasonable detail within sixty (60) days after his appointment. The arbitrator's award shall be final and enforceable and may be confirmed by the judgment of a court of competent jurisdiction. The prevailing party shall be entitled to recover its costs of arbitration, as well as costs and attorneys' fees, and expert witness fees, as determined by the arbitrator, as well as costs and attorneys' fees in any proceedings to enforce an award. The parties reserve their rights to obtain provisional remedies from the courts, and no application for any such remedy shall be deemed inconsistent with the obligation to arbitrate disputes. B, Except for nonpayment of any portion of a statement presented to City by PROPRIETOR, if any dispute arises between the parties to this AGREEMENT, CORPORATION shall continue to perform pending resolution of the dispute.. SECTION 20. PRIOR AGREEMENTS AND AMENDMENTS. This AGREEMENT, including the EXHIBITS, embodies the entire understanding of the parties with respect to the matters addressed in this Agreement and the EXHIBITS and supersedes all other agreements entered into between the parties prior to the execution of this Agreement. No amendment of this AGREEMENT shall be valid unless in writing duty executed by the parties or their authorized representatives. above. WITNESS THE EXECUTION of this Agreement on the day and year first written THE CITY OF SANTA CLARITA By: George Caravalho, City Manager Date`. Approved as to form: ATTEST: BURKE, WILLIAMS & SORENSEN In Carl K. Newton, City Attorney CITY CLERK Date: Date: Vista.cm page no. 7 VAL VERDE-CASTAIC INVOLVEMENT IN SPORTS AND TEAM ACTIVITY (VISTA) By: Louie Mercado, CORPORATION Date:. Vista.con page no. 8 SCOPE OF SERVICES VISTA agrees to provide wrestling instruction and competition to at -risk youth in the Santa Clarita Valley. A Minimum of 20% of total number of students in each class must be made available for referrals from the Anti Gang Task Force. Participants will be able to participate in the program without paying program fees, for the duration of this AGREEMENT. Vistaxon page no. 9 EXHIBIT "B" SCHEDULE OF PERFORMANCE Services to be provided pursuant to this Agreement shall be begun by CORPORATION within ten (10) calendar days of execution of this Agreement. VISTA agrees to provide the above-mentioned services for a period of four (4) years. This period can be modified by mutual agreement of CITY and CORPORATION.. Vista.con page no. 10 EXHHiIT "C" COMPENSATION CORPORATION will provide City, with no less than three competitive bids for equipment. The City will then prepare a warrant for the selected vendor with a maximum not to exceed $5,183.95 ($5,183.95 ). Vista.con page no. 11 EXHIBIT"D" INSURANCE During the entire term of this AGREEMENT, CORPORATION agrees to have and maintain public liability and motor vehicle liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of CORPORATION, its subcontractors or any person acting for CORPORATION or under CORPORATION'S control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of CORPORATION, or its subcontractors, or any person acting for CORPORATION, or under its control or direction. Such insurance shall also provide for and protect City against incurring any legal costs in defending claims for alleged loss. Such insurance shall be maintained in full force and effect throughout the term of the AGREEMENT and any extension thereof in the following minimum limits: A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. CORPORATION agrees that provisions of this AGREEMENT as to maintenance of insurance shall not be construed as limiting in any way the extent to which the CORPORATION may be held responsible for the payment of damages to persons or property resulting from CORPORATION'S activities, the activities of its subcontractors or the activities of any person or persons for which CORPORATION is otherwise responsible. CORPORATION shall procure and maintain, at its sole expense,Workers' Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the CORPORATION against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the CORPORATION in the course of carrying out the within AGREEMENT. CORPORATION shall procure and maintain, at its sole expense, throughout the term of this agreement and any extension thereof public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $500,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Appropriate insurance policies evidencing the above insurance coverage with a company which is California -admitted and Best "A" rated, and acceptable to City, shall be submitted to City prior to the start of work on this AGREEMENT. Vistaxon page no. 12