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HomeMy WebLinkAboutBERNAL, YENNY DBA UPLIFTING SOULD ART EVENTSINZIU MATO[ un nuc WORK MAY PROCEED WC Declaration on file. UNTIL INSURANCE EXPIRES N-2019-014 GL 6-6 —19 G CLERK OF COUNCILr DATE: O: CDA (/) JAN 1 1 2019 ART WORKSHOPS AGREEMENT Gabriela Cra'R& AGREEMENT is made and entered into this 5th day of December, 2018, by and --� mar between Yenny Be�ma1�DBA� pliftmg Soul A[t=Event�;.��`Provider") and the City of Santa Ana, a charter city "and`mumoroal corodrahon orQamzed and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain an artist who will be.rb: (6) monthly art.workshops at the'A is & Culture B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as'follows: 1. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for its services, no more than $150.00 per workshop. Total compeAsationlo Provider shall not exceed-, 1;000„00($900.00 for artists and a one-time flat fee of $100:00 for the supplies/craft materials (hat Provider will provide for all the workshops) during the term of this Agreement. Payment to Provider shall be made by check within thirty (30) days of the conclusion of each event. Provider must provide IRS form W-9 before payment can be made. 3. TERM This Agreement shall commence on the date first written above, and'41 iatedii'Tune— X201-9 Unless terminated earlier in accordance with Section 12, below. The term of this” °'Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider 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 Page 1 of 8 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a.,,Commereial General LiabilityInsurance:; Provider shall maintain commercial general liability insurance which 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 Provider's negligent 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 and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b.`Wdrker's `Cotnpensation Insurance. In accordance with California State law, Consultant;-if,Provider has`any°enipldyeei `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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider 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 in form 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. d. If Provider 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 Page 2 of 8 and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. 7. CONFLICT OF INTEREST Provider 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. 8. LIVE SCAN BACKGROUND CHECK Provider, 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, including any criminal history identified, prior to performing services hereunder. The background check shall include at a minimum a state and county criminal history investigation where such individual resides and a search of the National and California State Sex Offender Registries. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or Page 3 of 8 mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Community Development Agency City of Santa Ana 26 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6549 To Provider: Uplifting Soul Art Events Attn: Yenny Bernal 1052 W. Pine Street Santa Ana, CA 92703 Telephone: Email: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, 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 Provider. 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 Provider 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 is not embodied herein. Page 4 of 8 ff�I.XY[��IuT�`►Y�I The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider 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. 12. TERMINATION a. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of any workshop by the Provider must be given to the City at least thirty (30) days prior to termination/cancellation. 13. RECORDS Provider shall keep any records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. Provider 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, teaching, training, utilization, promotion, termination or other employment related activities, or in any activities under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. LICENSES Provider 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. Page 5 of 8 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. [Signatures on following page) Page 6 of 8 N-2019-014 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 ARVALHO City 4ffogft r 0 Un RECOMMENDED FOR APPROVAL: –: --' C V —� STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager • • It Yenny emal Tax ID: 47-5016790 Page 7 of 8 N-2019-()14 Exhibit A Scope of Services Page 8 of 8 N-2019-014 Scope of Services Children's Art Workshops Yenny Bernal DBA Uplifting Soul Art Events (Artist) will organize and facilitate 6 art workshops for children that are planned to coincide with 6 Community Listening Sessions, and will be held throughout Santa Ana at the locations below. The children of parents attending the Community Listening Sessions will participate in the art workshops. The Arts and Culture Office of the City of Santa Ana will provide a space for the children's art workshops to be held at each of the Community Listening Sessions and will include tables, chairs. Artist will provide teachers who will plan, conduct, and supervise the children's art workshops at $25 per hour/per teacher for up to 3 hours for each workshop including set-up and clean- up before and after each event. The Arts and Culture Office will determine the number of teachers requested per workshop based on the number of attendees, and will notify Artist the week before the workshop should there be a need for two or more teachers. Term: The term of the agreement will be from January 18, 2019 through June 21, 2019. The dates, times, and locations are subject to change should the need arise to change the location of the Community Listening Sessions/Children's Art Workshops due to unforeseen circumstances. Compensation: The total cost of the Children's Art Workshops for the term of the agreement will not exceed $1000.00 - $900.00 for teachers and a one-time flat fee of $100.00 for the supplies/craft materials that Artist will provide for all the workshops. Workshop Dates, Times and Locations: (Times include set up and clean up before and after each workshop) 1) Southwest Senior Center: 2201 W. McFadden Ave. Santa Ana, 92704, Friday, January 18, 5:00 pm -8:00 pm 2) Roosevelt -Walker Community Center: 816 E. Chestnut Ave. Santa Ana 92701, Friday, February 1- 5:00 pm -8:00 pm 3) EI Salvador Center: 1825 W. Civic Center Dr. Santa Ana, 92703, Friday, March 15, 5:00 pm - 8:00 pm 4) Santa Ana Senior Center: 424 W. 3rd St. Santa Ana, 92701, Thursday, April 25, 5:00 pm -8:00 pm 5) Centennial Complex: 3000 W. Edinger Ave. Santa Ana, 92704, Friday, May 24, 5:00 pm -8:00 pm 6) Salgado Center: 706 N. Newhope St. Santa Ana, 92703 on Friday, June 21, 5:00 pm -8:00 pm ACCDIRE® CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDDNY" D05111/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eddie QUIIIare$ Jr. State Farm AgencyN-2019-014 415 N. Broadway .a, Santa Ana, CA 92701 CONTACT NAME: Eddie QUillares PHONN t: 714.617.7150. a Na: 714.617.7158 E-MAIL ADDRESS. eddie@eddieginsurance.com INSURERS AFFORDING COVERAGE NAICK INSURERA: Stale Farm General Insurance Company 15151 INSURED Yenny Bernal DBA Uplifting Soul Art Events 1052 W Pine St Santa Ana, CA, 92703 INSURER B: Nv'Q �a INSURER C: 92=EX K572.8 INSURER D: 05106/2019 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 75-0450 REVISION NUMBER: 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, 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF ADDL SUBR POLICY NUMBER POLICYEFF MMmDII'9YY POLICY EXP MMIDDNYM I LIMITS A BENERALLIABILIry Nv'Q �a 92=EX K572.8 05/06/2018 05106/2019 FACHOCCORRENOE S 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxIOOCUR PREMSES Ea occurrence) 5 300,000 MED EXP( Anyone person) S 5,000 PERSONAL S ADV INJURY S 1,000,000 GENERALAGGREGATE s 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS AGG S 2.000,000 POLICY PEP LOC 5 AUTOMOBILE LIABILITY ❑ ❑ COMBINED SINGLE LIMIT Ea accident s BODILY INJURY (Per parson) S ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ( S NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE m PeraccdeS s UMBRELLA UAB OCCUR❑❑ EACH OCCURRENCE S AGGREGATE 5 EXCESS UAB CLAIMS -MADE DED RETENTIONS 10,000 S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'UABILITY Yll ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEIMEMBER EXCLUDED? D NIA ❑I TSR E.L.EACH ACCIDENT 5 E.L. DISEASE -E4 EMPLOYE S (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS brb� E. L. DISEASE -POLICY LIMIT S $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Circa De Mayo Celebration in Downtown Santa Ana. Uplifting Soul Art Event will beat the Yost Plaza/Spurgeon Promenade. 1 l.'hli%A"!T'-"5+-40' T E-CIT1 Y�OF�SANTA /f,IT1S;OF$F7CERS3 Iv PLQY.EE .�.A EfiGI'S';AND REPRESENTATNEAP�FI "I;DTIAS;ADDjTIONP.LsINSUREC-"IN REGARDS TO G N_E�LrIABILI_TVIPERATiACNEDXMIBIT BADDITIONAL INSURED FORM.—�--x"k:. CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SONIA BATRES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 clkinip,b UO -M , P li"Z Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 93EZ K512-8;rela ing to the following: 1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representative are named as additional insured ("additional insured") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2) With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary o`Mi itiorialttoW or to�contribVt pg;'%;Q%.O,%Yg,)P,e nnstuwance-c med by or for the benefit of the additional am insured. 3) This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4) With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. Effective April 18, 2017 this endorsement form as a part of Policy Number: 92 -EZ -K512-8 Issued Yenny Bernal DBA Uplifting Soul Art Events. Countersigned by Authorized Representative Q 24Z WeA `0`J . tl`rArt BVI 14.2.019-014 f i WORKERS' COMPENSATION DECLARATION✓ V I hereby affirm under penalty of perjury, the (NamelTitle) following declaration: I certify on behalf of LA 61nn`-1 R a, -c rnzc R (SAO that during the term of my (Organization Name) contract with the Community.°_DeVfLoO gent=Agency City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. DATE: vn4,,nn ��1 for lk Eve•.k� By: - Ae,hrn ( L&)(SC1-?J Name: `Ac-nr\L-1 �-fMlj Title: 41-', -c- 1?Y-t�PYie-k'r Telephone: c1-Ar':'i 1 54s — WARNING: FAILURETO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECTAN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UPTO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGESAS PROVIDED FOR IN SECTION 37060FTHE LABOR CODE, INTEREST,AND ATTORNEY'S FEES.