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HomeMy WebLinkAboutSANO, CHIHIROCity of Santa Ana t Clerk of the Council core office Use only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and ail . amendments (if any) are no longer in effect.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 IZ Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with Yu Cyyl 0, No. 41--z 11 was completed on y 0 and final payment has been made. (List all amendments. Use space below if needed.) Al 1I I Department: Q(�CS H tj Co ��iT �J Phone/Ext.: 52-11� ri Signature: (fb J(?J-- Date: 11Ill 1z02� Revised: 10-18-16 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL r DATE DEG 2 3 2019 O: PRCS(/) Silvia Cuevas RECREATION SERVICES AGREEMENT 3d��7tRb��: THIS AGREEMENT is made and entered into on this 12'h day of December, 2019 by and between Chihiro Sano ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Yoga;,Balletand Workout' classes in its recreation class program. B. Provider represents that she is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that she is knowledgeable in their 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: SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%)'of al I gross revenue received from program participants. Total revenue to Provider shall not exceed"$25',000:00annually. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee. 3. TERM This Agreement shall commence on January 1, 2020 and end on December 31, 2020 unless terminated earlier in accordance with Section 12 below. The term of this Agreement may be extended by 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 shall it be 11. ASSIGNMENT/SUBSTITUTES a. Assignment. 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. b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. Provider must personally teach at least seventy-five percent (75%) of its offered classes. 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 classes by the Provider outside of Section I I .b. must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 13. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other 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. 14. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, 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 any services provided 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. 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. 18. EXHIBITS 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 by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. [Signatures on next page] N-2019-286 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 'I ' D. =7 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney APPROVAL: C cutive Director of Parks, Recreation and Community Services Agency 7 CITY OF SANTA ANA -Z�4'Ok- Z( Kristine Ridge City Manager PROVIDER: c s� Chihiro Sano Exhibit A SCOPE OF SERVICES A. Provider shall conduct Dance & Fitness classes for ages 3 years and up. B. Provider shall teach such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule agreed upon by the parties for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. Kids Ballet and Creative Dance In a structured fun ballet class, kids will continue to learn basic ballet terminology and technique through joy of movement from a professional dancer. Great way to get them moving and give them access to ways to express themselves through art. This class will strengthen their body as they gain body coordination and self-confidence. 3yrs-5yrs. INSTRUCTOR: Chihiro Sano LOCATION: El Salvador Center, 1825 W Civic Center Dr., Santa Ana, (714) 647-6558, Garfield Center 318 E. Chestnut St., Santa Ana, (714) 647-5220, and Memorial Center, 2102 S. Flower St. Santa Ana, (714) 571-4242 • Princess Ballerina classes will consist of monthly sessions, held 1 day per week, 50 minutes per day. Ages 3-5 years old. Star Ballet In a structured fun ballet class, kids will continue to learn basic ballet terminology and technique through joy of movement from a professional dancer. Great way to get them moving and give them access to ways to express themselves through art. This class will strengthen their body as they gain body coordination and self-confidence. 3yrs-5yrs. INSTRUCTOR: Chihiro Sano LOCATION: El Salvador Center, 1825 W Civic Center Dr., Santa Ana, (714) 647-6558, Garfield Center 318 E. Chestnut St., Santa Ana, (714) 647-5220, and Memorial Center, 2102 S. Flower St. Santa Ana, (714) 571-4242 • Star Ballerina classes will consist of monthly sessions, held 1 day per week, 50 minutes per day. Ages 5-12 years old. Introduction to Yoga Do you feel lost in yoga classes? This is a class for you! Introduction to yoga class provides you the tools you need to be safe and have fun in yoga practice. The students will gain knowledge about proper alignment of basic poses, modifications for injuries, and proper breathing techniques. In this class, the instructor will break down the postures and sequence step by step and students are encouraged to ask questions. Find peace in your mind and strength in your body. INSTRUCTOR: Chihiro Sano LOCATION: El Salvador Center, 1825 W Civic Center Dr., Santa Ana, (714) 647-6558, Memorial Center, 2102 S. Flower St. Santa Ana, (714) 571-4242 Introduction to Yoga classes will consist of monthly sessions, held 1 day per week, 50 minutes per day. Ages 16 years to Adult C. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for clean-up of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE A. Each class must have a minimum of 2 paid students and no more than 20 students. B. No registration will be accepted after the second meeting of classes. C. If the minimum registration has not been reached by the second class, the class shall be canceled. Provider will be under no obligation to provide services for the canceled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes that were canceled in that session. CLASS FEES A. Each participant shall pay class registration fees as established by City. B. Provider may not waive class participation/registration fees. C. Only registered participants may participate in class. D. Any refunds to participants will be made in accordance with City policy. E. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. W Maguire Inwnnce Agency Inc FWI 1 Bela Piz Ste 100 Bah Cynvryd, PA 19004-1E01 610.617.7900 Chnim San. 4365 Johanna Aye. Ukewood,G90T33- COVERAGES CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EAPIMnm LTR INSRD TYPE OF INSURANCE POUCY NUMBER DATE MWOOYYYY DATE(MWDD/YYVY) mm A X GENERAL LIABILITY PHPX803569-008 1 /09/2019 12/08/2020 EACH OCCUNENGE $1,000,000 PREMISES EA- Hence $iD0,D00 MMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR T.PROFESSIONAIL MED EXP(Any one person) $2,SW PERSONAL ADV INJURY $3,000.000 UABBITY GENERALMGREGATE $3,000,000 PRODUCTS-COMP/DPAGG $3.000.000 GEML AGGREGATE UM IT APPLIES PER: K POLICY PROJECT F LOC AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT ANY AUTO IEAaccident) DOD] LVINJURV ALLOWNEDAUTOS SCHEDULED AUTOS (Per person) BOOILYINJURY HIRED AUTOS NON-0WNEDAUTOS (Peraccident) PROPERTY DAMAGE (Peracedent) GARAGE WNUTY AUMONLY-EAAMOEM OTHENTHAN EAACC ANY AUTO AUTO ONLY: MG EKCPS$ / UMBRELLA LIABILITY EACH OCCURENCE OCCUR 71 CLAIMSMADE AGGREGATE DEDUCTIBLE RETENTION EMPLOYERS' LIAMUTY IF BY TORY LIMOS FP ANY PROPRIFTOR/PARTNER/EXECUTIVE OFFICER/MEMBER XCLDDED E.L EACH AMDENT EL DISEASE -EA AMPLOWE (Mandatory In NH) II yes, descnbe antler SPECIAL PROV610NS below E.L DISEASE-POUCYUMIT OTHER OESCRIPDONOFOPEMTIONS/L nOM/VENICLES/ERCUISIONS ADDEDBYEWOMEMFM/SPECMLPROVISIONS Its understood and agreed chat the following entity b added as an ad b ionel Insured but.nly with respecH,J to the operations of the named insured except that liability resul0ng from the additional insured's sole negligence. Certificate.( InsuralsM Mal provide thirty (30) day prior written notice of cancellation CERTIFICATE HOLDER CANCELLATION City of5anta Ana Risk Management OWnion 20 CNic Center Plaza Santa Ana, CA 91701. 511dHD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEUEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ai ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFIUTE HOLDER NAMED TO THE IEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAnVES. AUnfORIZED REPMSENTATIVF REVIEW D &APPROVED RiskNACJEMENT DIVISION ���� I tY a 9 2019 ACORD 25 (2009/01) MAN A M. LAMBERT ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK803569-008 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92701- 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; & APPROVED igEMENT DIVISION 9 2019 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SAMANWA M. LAMBERT CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE 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 Name of Person or Organization (Additional Insured): City of Santa Ana Risk Management Division Effective Date: 12/0812019 SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) 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 Insured's 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 remain unchanged. �EVIENED & APPROVED By Ris ANAGEMENT DIVISION 9 2019 Includes copyright & pL Ma &s Office, Inc., with its permission. POLICY NO: PHPK803569-008 POLICY CHANGE DOCUMENT CHANGE # 5 CHANGE EFFECTIVE: 12/08/2019 Philadelphia Indemnity Insurance Company I PRODUCER: Maguire Insurance Agency, Inc. FWI NAMED INSURED: Chihiro Sano MAILING ADDRESS 4365 Johanna Ave. Lakewood, CA 90713- POLICY PERIOD: FROM 12/08/2019 TO 12/08/2020 at 12:01 A.M. Standard Time at your mailing address shown above. DESCRIPTION: In consideration of the premium reflected, the policy is amended as indicated below: Insured Requested 30 Day Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation Total Annual Total Prorate Additional/Return Premium $0.00 Additional/Retum Premium $0.00 Total Annual Total Prorate Additional/Return Additional/Return Tax/Surcharge/Fee $0.00 Tax/Surcharge/Fee $0.00 & APPROVED \DEMENT DIVISION 9 2019 M. Chihiro Sano 4365 Johanna Ave Long Beach, CA. 90713 October 3, 2019 City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance Requirement Release of Liability. Dear City of Santa Ana Risk Management Division: I, Chihiro Sano, Dance & Fitness Instructor, hereby release the City of Automobile Liability I do not use/drive any vehicle during the course and scope of my course/instruction class. During the term Jan 1, 2020 through Dec 3, 2020, Nv20t9-003. I will be teaching Dance & Fitness classes at El Salvador Center, 1825 W Civic Center Dr., Santa Ana, Garfield Center 318 E. Chestnut St., Santa Ana, and Memorial Center, 2102 S. Flower St. Santa Ana, CA Sincerely, Chihiro Sano Dance & Fitness Instructor & APPROVED igEMENT DIViSiON 9 2019 M. LAMBERT CITY OFSANTAANA Risk MANACEkENT s dw 4 HumAN REsomcEs �� y,•��', Managing Risk wouT Postdw Change WORKERS' COMPENSATION DECLARATION I, ChiftSano hereby affirm under penalty of perjury, the (Name/nrh) following declaration: I certify on behalf of Recreation passes that during the term (Consukont/Company Name) of my contract for Dance and yoga instruction services with the City of Santa Ana, (Type of service provided) 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 the provisions and provide proof of workers' compensation coverage immediately. Date: 10:3=19 Print Name: aw" s" Print Title: Dance and Yoga ku*tietot Signature: Telephone: 714-9135559 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 37D6 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. VED & APPROVED MANAgEMEM DlvisiON 19 2019 M. IAMBERT