HomeMy WebLinkAboutNUNEZ, JORGE 5City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M -30)
Call 647 -6520 if you have any questions.
The agreement with Nunez, Jorge A.
COTC Office Use Only
M4 JHM 161, PM 4: 20
Ci{. c
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No. , N- 2000 -005A was completed on 6/30/06 and final payment has been made.
(List all amendments. Use space below if needed.)
'N- 2000 -188, N- 2001 -105, N- 2002 -096
4N- 2004 -076, N- 2004 - 076 -01j
Revised 08 -23 -10
Department: PRCSA
Phone /Ext.: 5254 ({
Signature: 1(,,jLD4
Date: 6/12/14
N- 2004 -076
INSURANCE N'OT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: 7 -!0 -vy CONSULTANT AGREEMENT
Pecs THIS AGREEMENT made and entered into this e day of 2004 by
and between Jorge Nunez, an individual (hereinafter "Consultant "), and the City f Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
Tae- Kwan-Do, to instruct children's classes.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
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
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $10,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on July 1, 2004 and terminate on June 30, 2005, unless
terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended upon a writing executed by the Executive Director of Parks, Recreation and
Community Services and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant 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
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant 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.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant 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 Consultant'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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, 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, Consultant 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 Consultant
pursuant to this section:
(i) Consultant 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 Attorney.
(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 Consultant 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
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant 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
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant 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. The Consultant 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 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. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement.
8. CONFLICT OF INTEREST CLAUSE
Consultant 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.
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
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copy to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571 -4235
To Consultant: Jorge Nunez
13692 Newhope Avenue
Garden Grove, California 92843
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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 telefacsimile, any notice, tender, demand, delivery, or
other 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
Consultant, 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 Consultant. 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 Consultant nor
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 are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination.
13. DISCRIMINATION
Consultant 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, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. 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.
15. PROFESSIONAL LICENSES
Consultant 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.
16. MISCELLANEOUS PROVISIONS
a. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY (�J
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney,
RECOMMENDED FOR APPROVAL:
4—k—"X&
JO IP" RIBBLE
Executive Director of Parks,
Recreation and Community Services
CITY OF SANTA ANA
( , 7"'�c �
AVID N. REAM
City Manager
CONSULTANT
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Tax
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide Tae - Kwan -Do instruction for children as follows:
• Consultant shall instruct a two -hour class, meeting twice each week during monthly
sessions, from July 1, 2004 through June 30, 2005.
• The classes will be held at the Salgado Recreation Center
• Consultant has determined that classes will be held on Tuesday and Thursday from
6:OOpm — 8:OOpm. Consultant may adjust the schedule, based on the availability of
rooms in the City's facility.
• Each class shall have a minimum of 10 and a maximum of 45, registered and paid
participants.
• If the minimum registration has not been reached by the first class, the class may be
cancelled by mutual agreement of Consultant and City, with no compensation owed
Consultant for any cancelled class session.
• Consultant shall provide and be responsible for equipment, records, personnel and clean-
up of the facilities and materials necessary to ensure the safety and effectiveness of
instruction.
FEES
• Each participant shall pay a $25.00 class registration fee per monthly session.
• No refunds will be made to participants after the commencement of a session unless the
class is cancelled by the Parks, Recreation and Community Services Agency.
• City shall collect registration fees from each participant. Consultant shall refer interested
students to City for registration.
• Consultant shall receive seventy percent (70 %) of total fees collected for the Tae -Kwan-
Do classes within fifteen (15) working days after completion of each class session. City
shall retain thirty percent (30 %) of the fees collected.
• Consultant agrees that City shall be entitled to audit Consultant's records and classes to
ensure compliance with this Agreement and that all participants are registered.
• Consultant may not waive class participation/registration fees.
• City shall prepare class rosters and provide a copy to Consultant. Only registered
participants, listed on roster, may participate in class.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") 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 named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
F
DATE (MM /DD /YYVY)
A CORD
TM. CERTIFICATE OF LIABILITY INSURANCE 03/0812005
PRODUCER Phone: (800) 395-8075 Fax: (858) 519 -0822 THIS CERTIFICATE IS ISSUED AS A MATTER OF
FITNESS AND WELLNESS INSURANCE AGENCY INFORMATION
380 STEVENS AVENUE, SUITE 206 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SOLANA BEACH CA 92075
INSURERS AFFORDING COVERAGE I NAIC #
INSURED r/ ,...,.,.�..
STKD.CLUB /V _ c�l�V `%— 0r7(0 INSURER B:
JORGE NUNEZ INSURER C:
13692 NEWHOPE ST.
GARDEN GROVE CA 92843 INSURER D:
INSURER E:
COVERAGtb
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRADVL
LTR
INSRO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DRTE MIND
POLICY
DATEEXPBATwN
DATE MMIDD
LIMBS
REPRESENTATIVES & VOLUNTEERS
888 W. Santa Ana Blvd.
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILI
EOL9012327 -00
01/01105
01101106
EACH OCCURRENCE
$ 1,000,000
PREMISES(Ex amumnx)
$ 100,000
MED. EXP (Any one person)
$ 2,500
CLAIMS MAD X OCCUR
PERSONAL B ADV INJURY
$ 1,000,000
A
GENERAL AGGREGATE
$ 3,000 000
GEN'L AGGREGATE LIMIT APPLIES PE
PRODUCTS- COMP /OPAGG.
$ 3,000,000
X POLICY F PR' LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
$
Per accident
GARAGE LIABILITY
AUTO ONLY - EA AC IDENT
$
OTHER THAN EA ACC
$
ANY AUTO
AUTOONLY: AGG
EXCESS / UMBRELLA LIABILITY
OCCUR � CLAIMS MADE
DEDUCTIBLE
APPROV
1
D AJ TO F
'T
"M
EACH OCCURRENCE
$
AGGREGATE
$
$
RETENTION$
LaUf
COMPENSATK)N AND
/�SSISta
TORYLMWORKERS
E.L. EACH ACCIDENT
$
EMPLOYERS' LIABILFY
My PROPRIETOR/PARTNERIEXECUTIVE
OFFICENMEMBER EXCLUDED?
tt
E.L. D ISEASE-EA EMPLOYEE
$
ByRF, ens. `Una.,
SPEC doscri lswxS
ml-
OTHER:
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURE
ONLY AS THEIR INTERESTS MAY APPEAR.
ACORD 25 (2001/08)
Certificate # 1 14U
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
City of Santa Ana Recreation
ITS OFFICERS, AGENTS, EMPLOYEES
REPRESENTATIVES & VOLUNTEERS
888 W. Santa Ana Blvd.
AUTHORIZED REPRESENTATIVE
Santa Ana CA 92702
Cam/
Attention:
Jeffrey E . Frick, CEO
ACORD 25 (2001/08)
Certificate # 1 14U
wAl Vmu MVrm v.nVn 1woo
POLICY NUMBER: EOL9012327 -00 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name of Person or Organization; City of Santa Ana Recreation
ITS OFFICERS, AGENTS, EMPLOYEES
REPRESENTATIVES & VOLUNTEERS
888 W. Santa Ana Blvd.
Santa Ana CA 92702
(If no entry appears above. information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by
or for you
APPROVED AS TO FORM
Laura Stilt Shccdy
A��t�'tat�t CkY A[[orney
CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984
Certificate # 17408
a.. ad I. 1 i . Oe 71 AC']a DC �1 TI ID ➢AAI DI IC
03/04/2005 Fri 05:33 David West
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company HTNess �4 WEILNeSs (NS. co.
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 1= D1.Rt71 `Z9" -0'D relating to the following:
Dnr_r ao
ID: #6213 Page 3 of 4 �.
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") 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 named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
A. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective J1W• It pS -JAN• I�O(p
Policy # �7LFIp1 M-1 -M C"
Issued to ST�d� Ca-4446 1 1el¢1#-t
this endorsement form as a part of
51
ivmueu msw'ea
Countersigned by / i "
Au 6 rd Representative
APPROVED AS TO FORM
to
�` Lama Stilt Shecded y
1ia I'll C'itV Attornev