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Home My WebLink AboutOLIVE CRESTi, City of Santa Ana tea? Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. / -_-> /O ', was completed on (List all amendments. Use space below N needed.) Revised: 10-18-16 COTC Office Use and final payment has been made. Department L-` . Phone/Ext.: r? Signature: Date: INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF y CyOUN IL DATE: .15,y t f O: PRCS (/ ) Silvia Cuevas July 10, 2018 Olive Crest ("Speaker/Performer") 2130 E. Fourth St. Suite 200 Santa Ana, Ca. 92705 Re: Speaker/Performer Enaagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: Active Parenting Classes provided at no charge to the Community. Sessions provided in Spanish to provide parenting tips and lessons (see attached Exhibit A). 2. Date(s): July 12, 2018 through Aug. 23, 2018 3. Event Time(s): 6-8 p.m. 4. Location: Santa Ana Public Library, Santa Ana ("Property") 5, Compensation: $0,00_ 6. Equipment provided by City: none 7. Equipment provided by Speaker/Performer: [projectorilaptop] for example: all equipment necessary, including without limitation sound technicians, speakers, laptop/music, table, microphone, headphone, and strobe light 8. City Contact Person (for coordinating purposes only): Patty Lopez (714) 647-5325 91 Independent Contractor: Speaker/Performer 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 Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for till applicable withholding taxes. 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs Letter Agreement — Olive Crest Page 2 and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. 12. Commercial General Liability Insurance. Speaker/Performer 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 Speaker/Performer'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. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions. 13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. Live Scan Background Check. Speaker/Performer, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 15. The City shall have the right and royalty -free license to simulcast or produce and show a tape - delayed broadcast of Speaker/Performer's presentation to the City community or general public, through webeast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 16, Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. 17. Speaker/Perfonner shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 18. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the state of California. Both parties agree that Orange County, California, N-2018-139 Letter Agreement — Olive Crest Page 3 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. 19, This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. CITY OF SANTA ANA RAUL GODINEZ H City Manager ATTEST: Q(32 MARIA D. HUIZAR '1 Clerk of the Council SPEAKER/PERFORMER 6VA� Name:Edward-j-1 Becitee, Title: Ch1� I�tPnCiR1 7K/ APPROVED AS TO FORM: By: C1l f,U"0.-"� Srh A LAURA A. ROSSINI Senior Assistant City Attorney Letter Agreement — Olive Crest Page 4 N-2018-139 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Olive Crest 2130 E. Fourth St. Suite 200 Santa Ana, Ca. 92705 EVENT: Active Parenting Classes TERM: July 12, 2018 through August 23, 2018 Class Dates: July 12, 19, 26 AND August 2, 9, 16, 23 from 6-8 p.m. COMPENSATION: $0 DESCRIPTION: Contractor will provide free parenting classes in Spanish for parents and caregivers. There will be a total of 7 classes on the following dates: July 12, 19, 26 AND August 2, 9, 16, 23 from 6-8 p.m. Contractor will also be providing childcare for the participants who have children. (Flyer attached as part of Exhibit A) Lidia Roman from Olive Crest will be providing the service for all the dates. Curriculum, Session 1- The Active Parent Session 2- Cooperation & Communication Session 3- Responsibility & Discipline Session 4- Building Courage & Self - Esteem Session 5- Understanding and Redirecting Misbehavior Session 6- Active Parenting for School Success Session 7- Putting It All Together & Graduation **Class in Spanish** Dates: July 12, 19, 26 August 2, 9, 16, 23 Time: 6:00 pm — 8:00 pm Location. Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Meeting Room A Exhibit A - Continued strategiesLearn children succeed! Active Parenting classes are here to help! If you have a child, chances are you've had your fair share of challenging days. Join our fun and interactive classes! Acffve Pareni ft Class can help you: Balance discipline with affection >> Praise your child's ,good behavior » Reduce problem behaviors >> Minimize power struggles >> Communicate effectively Classes available at NO COST to Orange County parents and caregivers, Class size is limited, FOR MORE INFORMATION: CALL LIDIA AT 657,232,6651 TODAY! Child-care is available at NO COST! (space is limited) Funded by: OC Health Care Agency (OCHCA), Behavioral Health Services, Prevention & Intervention, Mental Health $arvices ACT/Prop. 63 i ealth MATTERS AT MIND CARE AGENCY ii=ilS LIVE CREST Strong Families, Safe Kids July 9, 2018 To whom it may concern, 1.800.550.CHILD (2445) www.olivecrest.org In accordance with Olive Crest's contracts and business practices, all employees are fingerprinted through the DOJ and FBI prior to starting work. If the criminal records we receive contact convictions which are not considered permissible, the employee is not permitted to work. Convictions would are not permitted include but, are not limited to, any crime involving a weapon, any crime causing physical harm to another individual and any crime involving a child. Additionally, we continue to receive updated notifications for all employees if an arrest and/or conviction occurs. I can attest that the following employees have been fingerprinted and cleared to work with children: • Hong Jenny Nguyen • Jacquelin Vazquez • Lidia Roman • Diana Enriquez Please contact our office at 714-543-5437 Ext. 1208 should you have any questions regarding this information. Sincerely , 6)L Denise Griffiths Regional HR Director 2130 East Fourth Street, Suite 200, Santa Ana, CA 92705 SERVING CHILDREN AND FAMILIES IN CALIFORNIA, NEVADA, AND THE PACIFIC NORTHWEST OLIVCRE-03 CERTIFICATE OF LIABILITY INSURANCE I DATE n mnrOnOn o' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(,$). PRODUCER License # 0757776 N_AMEACT Dottie Adams Riverside, CA- HUB international Insurance Services Inc. PHONE IgS91 774.R7d3 FAX _. INSURED 92517 N-2018-139 -Olive 'Crest 213D East Fourth St, Suite 20D Santa Ana, CA 92705 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, PERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMMERCIAL GENERAL� LIABILITY CLAIMS fl+AOE L �^ I OCCUR GENT AGGREGATE LIMIT APPLIES PER: IOI..ICY JECT LOD OTHER', AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY AUTOS WULNED AU705ONLY AUOTOS ONLY UMBRELLA LIAR OCCUR EXCESS LIRE CLAIMS OEO RETENTION$ X 09101/2017 09101/2017109/01/2018 EACHOCCURRENCE ,. AGGREGATE YIN/A EI. EACHACGDENT_—___$_. 'RIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101 Additional Remarks Schedule, maybe aaacheU U mom Paco is required) 'NOS AND SUPERSEDES CERTIFIATE DATED 7/1111t3 �\ \, Parenting Education Classes �� City of Santa Ana, it's Officers, Employees, Agents, and Representative are Named Additional Insured as respects ,g�Ta�a Li *'FC62010, Primary Non -Contributory form PI-GL-005, 30 Day Notice of Cancellation per PI-CANXAICH-002, V A,(�N\`. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Finance & Management Services Agency 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE �r�rMt.� ACORD 25 (2016103) 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i� OLIVCRE-01 BIG .4cours° CERTIFICATE OF LIABILITY INSURANCE DA11101 2017'Y) �1..r..-� '1914112447 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the poiicy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on PRODUCER'-"' '.,r v.ur"" HUB International Insurance Services loc. e005 MacArthur Court Suite 600 Newport Beach, CA 92880 N-2018.139 INSURED Oliva -crest 2130 East Fourth Street Suite 200 Santa Ana, CA 92705.3818 ' rnveonrsec r nlwl lr3ra W,11M IT Fla v13 Rrvl-glnN NIIMRRR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ INSURANCE PaLSUBR pgLICV NUMBER POLICVEEPPOLIO P LIASTS NERAL UABILT' ❑ CCCUft H °CCU RENCEDE PERSONALIIADV INJURYqIMITAprpL#ESiPEPo rGENLAGGRE GENERALAGGRECT JIRODUCTS-COMPIOP AG L�I LOC OTHER: AUTOMOBILE LMBILITY ¢O�MIBIN BSDSINGLE LIMIT l DILV INJURY Pa arson ANY AUTO BODILY INJURY Per ec�Mee± � s swP en AMAGEW $ HHEE �gA�LwIi�TN0'p9ONLY SUMS Dpp AUTOS ONLY AUGOS4t UMBRELLA LIB OCCUR CH OCCUR NCE_„ EXCESSUAB CLAIMS MADE GGREOATE DIED REt5WIONS A WORKERS COMRBN5AT10N AND EMPLOYERS' UAS0.17Y YtN ANYPRQI RETORmARTNER1 EClmve OFfIC$ndyEMNER EXCLUDED? NIA 11�M �N1I H yes describe Under °ES6RIPYIO ° TIONSWT. M1216901 111o112017 tit01/2015 )('i PTA TH, r � E.L EACHACCtOE 1,000,000 ',ES. DISEASE-EAE rR. 1,400,40E Ell DISEASE -POLI V LIMIT 1,094,400 For CRIPPItONO n Purposes OnIABOIIVWHMLEB (ACGRD tat, Adtll4anai Raeerks SahNsda, mnY M attaMM M mae sgaR{va r City of Santa Ana 20 Civic Center Plaza M-25 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 25 (2016103) 01988-20115 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1704419 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sOr Organization(s): Locations Of Covered Operations The City of Santa Ana, its Officers, Employees, Agents and representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or or subcontractor engaged in OZ 11 performing operations ,fgqr(�yXncipala as a part of the same p°�oject. CG 20 10 07 04 0 ISO Properties, Inc., 2004 PkCANXAICH-002 (05/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTICE TO SCHEDULED ADDITIONAL INSURED OR CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS OR CERTIFICATE HOLDERS At or CH Additional Insured or Certificate Holder Address AI IThe City of Santa Ana, it's Officers, 20 Civic Center Plaaa, Emnlovess, Accents, and Representative I Santa Ana, CA 92701 The following is added to A. CANCELLATION of the Common Policy Conditions of the above applicable coverage part: A. In the event we cancel the policy in accordance with the policy's terms and conditions, we will endeavor to mail written notice of cancellation to Additional Insureds or Certificate Holders, shown in the above SCHEDULE within the time frame listed below. However, failure to mail such notice shall impose no obligation of any kind upon us, our agents or representatives. 1. 30 days before the effective date of cancellation if we cancel for any reason other than for non - payment of premium. As respects Additional Insureds, the above cancellation provision applies only when the Additional Insured shown in the above SCHEDULE is added to the policy by a separate additional insured endorsement as the CANCELLATION NOTICE TO ADDITIONAL INSURED OR CERTIFICATE HOLDER does not provide additional insured coverage. V� Page 24 of 24 PI-GL-005 (07/12) THIS ENUORSEMIENT CHANGES TH.E POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 7/11/2018 Name of Person or Organization (Additional Insured): City of Santa Ana, Its Officers, Employees, Agents and Reprsentatives SECTION II — WHO IS AN INSURED is amended to Include as an additional Insured the person($) or organization(s) shown In the endorsement Schedule, but only with respect to liability for "bodily Injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule, This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible Insurance Is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insureds limits of Insurance do not increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE, All other terms, conditions, and exclusions under the policy are applicable to this endorsement and�Q,� `7 remain unchanged, a Page 1 of 23�� k Includes copyrighted material of Insurance Services Office, Inc., with its permission. r CCU Q�