HomeMy WebLinkAbout11. Authorize Mayor to Execute Agmt w-Global Learning, Inc. for Training Services for Aspire ProgAPPROVEDY
C'O'Y MANAGER
TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF
BY: PAMELA J. PASSOW, DIRECTOR OF •
DATE- ` 1 2018
GLOBALSUBJECT: RENEWAL AGREEMENT WITH i
SERVICES FOR i
That the City Council authorize the Mayor to execute the attached agreement with Global
Learning, Inc. to provide training services for the ASPIRE after-school program.
The After School Program for Information Recreation & Education(ASPIRE) Program is funded
by the California After School Education and Safety (ASES) grant. ASPIRE is conducted during
the school year and is offered at Alameda, Carpenter, Gauldin, Lewis, Old River, Price,
Unsworht, Ward, and Williams Elementary Schools and Sussman, Griffiths, and Stauffer Middle
Schools and employs 100 site staff. Over 1,200 students are served through the ASPIRE
Program within the twelves schools in Downey.
As a requirement for funding, all programs are required to incorporate Common Core State
Standards based curriculum as a component of their after-school program. The ASPIRE
curriculum must include components in one or more of the following core content areas:
language arts, mathematics, history, social science, science and computer training. In 2005, the
City purchased a California standards based literacy curriculum known as LitART from Global
Learning Inc. and entered into an agreement in the same year for staff training. LitART includes
age/grade appropriate reading themes, lesson plans, and other corresponding teaching aides.
ASPIRE has been satisfied with the LitART literacy curriculum and this agreement for on-site
training ensures consistency in after-school program delivery by site staff by utilizing best
practice methods. Exhibit A of the attached agreement describes the scope of work for the
ASPIRE staff curriculum implementation training.
ASPIRE has purchased five color -coded sets of LitART curriculum that are rotated annually.
Each set of LitART curriculum consists of six themes that are taught two times per week for one
hour. Each theme features different award winning novels and chapter books that are age
appropriate that reinforce literacy in a fun way. LitART meets the Language Art content
requirement of the •
FISCAL IMPACT
No impact to the General Fund for this two-year agreement for staff curriculum training. The
term of the agreement would be from July 1, 2018 to June 31, 2020 and the cost is $15,000
annually and is 100% funded from the ASES grant.
ATTACHE ENTS
K
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH GLOBAL LEARNING, INC.
FOR TRAINING SERVICES
1. PARTIES
•D
This Agreement is made and entered into this Vt day of July, 2018 by and between the
City of Downey, a California municipal corporation and charter city with its principal place of
business at 11111 BrookWre Avenue, Downey California 90241 (OtiW) and Global 1 9th
Learning, Inc., an Oregon corporation, with its �phncipal place of business at 2517 SE
Avenue, Portland, Oregon 97202 ("Consultant"). City and Consultant are sometimes
individually referred to as"Party" and collectively as "Parties."
2. RECITALS.
Consultant desires to perform and assume responsibility for the provision of certain
professional training services required by City on the terms and conditions set forth in this
Agreement. Consultant represents that it has demonstrated competence and experience in
providing training services to public clients, is licensed in the State of California, and is
familiar with the plans of City.
["I I ar-l"09111WITJ 1111111091 OJEM:1 1:4 S[Me I F1 I-111111ON161 Migg'FOR-3; ZI d111:41
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General S06156 of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional training services necessary for the
Project ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed
in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2018 to June
30, 2020 unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
and deadlines. The term of this Agreement may be extended by a written amendment to this
Agreement signed by the City Manager and Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B° attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Consultant's
performance of the Services.
3.2.3 Conformance to Applicable Re uirements All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key_ Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by
the Consultant at the request of the City.
3.2.5 City's, Representative. The City hereby designates Director of Parks
Recreation Pamela Passow, or his or her designee, to act as its representative for the
performance of this Agreement ("City's Representative"). City's Representative shall have
the power to act on behalf of the City for all purposes under this Contract. Consultant shall
not accept direction or orders from any person other than the City's Representative or his or
her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Owner,
Paul Ahrens, or his or her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a -City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on
Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required bylaw. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performsanywork
knowing it to be contrary to such laws, rules and regulations and without giving written notice
to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents
free and harmless, pursuant to the indemnification provisions of this Agreement, from any
claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations. Consultant's violation of such laws, rules and regulations shall also constitute a
material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the
Services under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this section. In addition, Consultant shall not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under this
section.
3.2.10.2 Minimum Re uirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Consultant, its agents, representatives, employees or
subcontractors. Consultant shall also require all of its subcontractors to procure and maintain
the same insurance for the duration of the Agreement. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scope of, Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation
insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required occurrence
limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage;
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as
required by the Labor Code of the State of California. Employer's Liability limits of
$2,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub -consultants to procure and maintain, for a period of five (5)
years following completion of the Project, errors and omissions liability insurance appropriate
to its profession. Such insurance shall be in an amount not less than $2,000,000 per claim,
and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements; The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements onformssupplied
or approved by the City to add the following provisions to the insurance policies:
(A) generalhlabil til. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the Services or operations
performed by or on behalf of the Consultant, including materials, parts or equipment
furnished in connection with such work; and (2) the insurance coverage shall be primary
insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by
the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by
the City, its directors, officials, officers,_ employees,; agents and volunteers shall be excess of
the Consultant's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special, Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City:
3.3 Fees and Payments.
3.3,1 Compensatiom Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Fifteen Thousand Dollars and 001100 ($15,000.00) each
year for a total of Thirty Thousand Dollars and 00/100 ($30,000.00) for two years without
written approval of the City. Extra Work may be authorized, as described below, and if
authorized, said Extra Work will be compensated at the rates and manner set forth in this
Agreement.
outlined in "Exhibit B" attached here to and incorporated herein by reference. The statement
shall describe the amount of Services and supplies provided since the initial commencement
date, or since the start of the subsequent billing periods, as appropriate, through the date of
the statement. City shall, within thirty (30) days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses, Consultant shall not be reimbursed for
2ny expenses unless authorized in writing by City.
3.3.4 Extra Work At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any woI
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.4 Accounting Records.
3.5.1 Termination of Agreement.
3.51.1 Grounds for Termingti6n. City may, by written notice to
-TOrda.-�n-OTime either for cause or
for the City's convenience and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not less than seven (7) calendar days'written notice.
Upon termination, Consultant shall be Compensated only for those services Which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay th
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement,
m
The following reasons shall constitute "cause" for which either party may terminate th
Agreement as provided herein: I
Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
Assignment of this Agreement or transfer of the Project by either party to any
other entity Without the prior written consent of the other party;
Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.12 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services, In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and i
such manner as it may determine appropriate, services similar to those terminated. I
R-TITIff r Mly;
Global Learning, Inc.
2517 SE 1 gth Avenue
Portland ' Oregon 97202
Phone: (503) 705-7062
Fax: (503) 926-9287
paul(Etart.com
Attn: Paul Ahrens, Owner
city.
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-3780
Attn: Pamela Passow, Director of Parks and Recreation
With a courtesy copy to,:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents& Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall beheld confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services._ Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant oris
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine,_ trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain thepurposesof this Agreement.
3.5.5 Attorney's Pees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification. Consultant shall defend (with counsel acceptable to
City), indemnify and hold the City, its officials, officers, employees, volunteers and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged negligent acts, errors,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Consultant shall defend, at Consultant's 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 City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Consultant shall reimburse City and its directors,
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. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, and agents or volunteers.
Consultant shall not be obligated to defend, indemnify or hold the City harmless in any
manner whatsoever for any claims or liability arising solely out of the City's own negligent
acts, errors or omissions or willful misconduct.
3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment,L Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third 'Party,Beneficiaries There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity;_ Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
15.23 Effect of Conflict. In the event of any conflict, inconsistency, or
incongruity between any provision of this Agreement, any of its exhibits, attachments
purchase order, or notice to proceed, the provisions of this Agreement will govern an
c -it rol.
3.6 Subcontracting.
16.1 Prior Approval Reguired. Consultant shall not subcontract any portion
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to a I
provisions stipulated in this Agreement. I
CITY OF DOWNEY,
a California municipal corporation
and charter city
By: By:
Sean Ashton, Mayor
in
City Clerk
Approved as to Form:
a4-
6iy AiVorney
- UUM
an•regon orporation
Paul Ahrens
Owner
Secretary
Legal Counsel
EXHIBIT "A"
Len-IffnardLeT.IR
Elementary Programs
• Initial project discussion. Global Learning staff will consult with the program
director and program coordinators to confirm training goals.
Periodic review of progress. Following the initial project discussion, Global
Learning staff will confer at least four times with ASPIRE leadership to discuss
progress and findings.
• • +' - • •
Provide onsite training, professional development7 and support necessary to
implement the LitART curriculum in the ASPIRE after school program.
Theme 1: Choices and Choices Gold Series (18/19)
Choices and Choices —Orange Series (19/20)
• Theme 2: Family Time — Gold Series (18/19)
Family Time — Orange Series (19/20)
Theme 3: Poems & Songs — Gold Series (18/19)
Poems & Songs — Orange Series (19/20)
Theme 4: Cultural Encounters — Gold Series (18/19)
Cultural Encounters — Orange Series (19/20)
Theme 5: Peace and Heroes — Gold Series (18/19)
Peach and Heroes Orange Series (19/20)
Theme 6' Animal Antics -Gold Series (18/19)
Animal Antics—Orange Series (19/20)
C. Provide Additional ASPIRE Project Support
LitART Certification Model. Provide the LitART Quality tool/Rubric,
LitART Classroom Observation Tool, and Staff Tracking Tool.
• Conduct classroom demonstrations. Global learning will provide onsite
demonstrations and observations to help staff meet the LitART certification
requirements.
EXHIBIT "B"
NN. -IMT"
Global Learning be paid $15 000 for the training services for the period July 1 j 2018
June 30, 2019 on the following scheLe: i
Activity Amount
October 28, 2011
Milestones:
a Completion of five (5) days of LitART site observations 10/15-10/19/18
March 10, 2019
$7,500.00
Milestones:
Total $15,000.00
Global Learning Inc. will be paid 15,000 for t e training services or t e per o•u y '
June 30, 2020. The training schedule for 2019-2020 will be mutually determined by t -
s •
ontractor and City of Downey ASPIRE program no later than June 2019.