HomeMy WebLinkAboutART BAR (THE)-2005
~, N-2006-067
INSURANCE~ ON FILE
WORK MAY Iti PROCEED
CLERK OF COUNCIL CONSULTANT AGREEMENT
PRe, DATE: ~~~, ".4-'"
0'. (t) (c:nbOlp)l."1 Ill) . . d
THIS AGREEMENT made and entered into this 22" day of Deccmber, 2005 by and
between Nicole Steinman dba The ART Bar, a Limited Liability Corporation (hereinafter
"Consultant"), 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 (hereinafier "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing recreational art classes.
B. Consultant represents that Consultant is ahle and willing to provide such services to the
City.
C. In undertaking the perfoffilanee 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:
L SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2, COMPENSA nON
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 SWll 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 perlormance set f0l1h in the Recitals
which may reasonably he expected by City.
3, TERM
This Agreement shall commence on the date first written above anu terminate on
December 31, 2006, unless terminated earlier in accordance with Section 12, below. The tcrm 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. INI>EPENVENT CONTRACTOR
Consultant shall, during the entire tenn of this Agreement, be construed to be an
independent contractor and not an employee orthe City, This Agreement is not intended nor
shall it he 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, 10 obtain and maintain insurance as
described below;
a, Commercial General Liability Insurancc. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall indude, 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 Qut of Consultant's operations in the
performance of this Agreemcnt, 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 therdeom, 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 fonn attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Reserved
c. Worker's Cumpensation insurance. In accordance with the provisions of Section 3300
or 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 orthe work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less thau $1,000,000 per accident.
d, The ",llowing requirements apply to the insurance to be provided by Consultant
pursuant 10 this section:
(i) Consultant shall maintain all insurance required above in Cull force and
effect for the entire period covered by this Agreement.
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(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) Certi!leates 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.
e. If Consultant fails or rcfnses to produce or maintain the insurance required by this
section or fails ur 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 fOlthwith
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,
damagcs. just compensation, restitution, judicia' or cquitable relief arising out of claims for
pcrsonal injury, iucluding health, and claims for property damage, which may arise from thc
direct ur indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons ading on their bchalf which relates to the services described in
section 1 of this i\greemen\. The Consultant flllther agrees to indemnify, hold harmless, and pay
all costs for the defense ofthc 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 tcrms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
7. CONFIUENTIALlTY
If Consultant receives from the City infomJation which due to the nature ofsllch
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclosc such information exccpt in the performance of this i\greement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importauee, but in no event1ess than reasonable care. "Contidential Information" shall
include all nonpoblic information. Confidential information includes not only writtcn
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.
R. 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.
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9. NOTICE
Any notice, tend~r, 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 lelelacsimi Ie 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 conrtesy 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
telefacsimilc (714) 571-4235
To Consultant:
The ART Bar
209 N. Broadway Street
Santa Ana, California 92701
telefacsimile (714) 558-2449
Attn: Nicole Steinman
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 ceItified, with postage prepaid, and
addressed as set forth above. If sent by telcfacsimile, 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
4
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
hehalf of any party, which are not embodied herein.
II. 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. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or hy other consultants retained by City.
12. TERMINATION
This Agreement may he 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 n:ceipt 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
hy applicable law, in the recruitment, sdection, training, utilization, promotion. termination or
other employment related activities. Consultant allirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. .JURISDlCTlON - VENUE
This Agreement has been executed and delivered in the State of California and the
\.'alidity. 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 or this Agreement.
15. PROFESSIONAL LlCENSI<:S
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, \vaivers, and exemptions necessary for tht: 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. Consultant shall notify the City
immediatdy and in \vriting of its inability to obtain or maintain sllch permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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16. MISCELLANEOUS PROVISIONS
a. All Exhibits referenced herein and attached hereto shall be incorporated as iffully 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:
CITY OF SANTA ANA
~w~ ~m
w-. PATRICIA F HEAI.Y
o Clerk of the Council
1Ji W-/
f<>I:.DA ION. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
/ ;,
By: (IX" '. (','_~.u ::l/
'I . - .~
Laura Sheedy
Assistant City Attorney
THE ART BAR
RECOMMENDED FOR APPROVAL:
h "7<<'~ tf~' 1f-
~ ----~ ~-
GERARDO MO JET
Executive Director or Parks.
Recreation and Community Services
, ~
/:7'1.. .
NICOL)>' '1:EIp4MAN
Ownel~),\-\;(J)\e. ge-i('(\cn
Tax IO#
~ 4?.\lD 53'-\\'4
6
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide art classes, as follows:
. Kids Incredible Clay - This class, for agcs 8 and up, covers use of and oven dried clay
and how to makc animals, beads and decorative objects. Each slw.lent will go home with
a completed picture frame and other original items. Class fee $25.00 per student.
. Mother and Daughter Tea Party - This activity for all ages, will teach making paper
cones, Victorian Valentines, a laney Valentine Pocket. Refreshments are included.
Participants will also have the use of rubber stamps, embossing powders, markers, ink
pads, decorative scissors and more. Class fee $39.00 for mothcr and daughter.
. Soldered Glass Charms and Kecpsakes - This class instrncts students, 18 and older, how
to make soldered charms used for bracelets, key chains and as hanging ornaments.
Participants will also learn photo/collage techniques to use to create personal keepsakes.
Class fec $49.00 per student.
. Kids Origami Class - This class, for ages R and up, covers origami techniques lro letters,
a star box, a picture frame, a magic star and animals. Students also receive an instruction
hook which includes instructions for 10 projects. Class fee $25.00 per student.
. Consultant shall provide materials and supplies necessary to conduct the class
. The classes will be held at The ART Bar at time agreed between Consultant and City
FEES
. Each participant shall pay a the class registration fee.
. No refunds will be made to participants after the first week of class unlcss thc class is
cancelled by the City.
. City shall collect registration fees from each participant. Consultant shall reter interested
students to City for rcgistration.
. Consultant shall receivc seventy percent (70%) of total fecs collected for the classes
within fifteen (15) working days after completion of each class session. City shall retain
thirty percent (30%) "fthe fees collected.
. Consultant agrccs 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.
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EXHIBIT B
ADDITIONAL INSURED ENDORS!'1v1ENT
rOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# rclating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I: 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 perfonned 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 respectlo 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.)
, this endorsement form as a part of
Effective
Policy #
Issucd to
Named Insured
Countersigned by
Authorized Representative
8
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~I;E I;NOORSEMNT
CERTIFICATE HOLDER
CANC~LLAT'ION
CITY OF SANTA ANA I'ol-lrlULIl AloI'i' O~ 'Tl-IF .AOVI' IlFfir:Alfl~1'l "OII('.I~1: kr I;AN(.I'I I 1'1) JlH(lRl' T"~
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SANTA ANA, CA 92101 TO 00 SO !lI1ALlIMl"OSE NO 08LIGATlON O~ LIA61U1Y ot: ANY IONO urONll1I" IN!.UR[ll:
Irs AGENTS OR RePReseNTATives
r\UTHOAfZfC REMfSENTATIVE
Attention:
ACORD g. (2001108l
CertlflCJlteil
10170
r[I ACORD CORPORA T10N 1'88
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ADDITIONAL INSURED ENDORSEMENT
FOR COM.M.ERCIAL GENERAL L1AlHLTTY POLICY
InS\!!ance Company
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This cndorscmeol modilies such insurance a.< is afforded by the provisions of Policy
# ~o t 'l \ ., \$ '( "l( relntiOIPO thefolJowing:
;. Thc eily of Sam. AM. and Ihe City of Santa Ana, localed ~t 20 (;ivi~
Center PI.,...., Santo Ana. California 91701: and lheit respective offlcOIs, cmployees,
agent'. volunt~ers and reprcs.ntatives are named as additional insureds ("additional
insurcds") with regard to liability and defense of suits arising from the operations and
uses pe.rformed by or On behalfofthe named insured.
2. With respect to claims arising out of the operatioll.l and uses performed by
or on behalf of the olll\\ed in.ured, such insurance as is afforded by this policy is primary
and is not additiollaltn or contributing with any otller insurance carried by or for the
benoli! of the additional insureds.
1 This in.ur'lIIce applies separately to each insured a~ainst whum elaun lS
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 ~hall nor afft!'ct any right which such
person Or organi:z.atio1\ would bave as a claimant ifnot so included.
4. With respect to the additional insureds, this iasur,mce shall not be
cancelled, Or materially reduced ill coverage Or limits exeept after thirty (30) days written
nOliee 11..< hoon given to the Community Redevelopment Agency of the City of Santa
Ana, 20 Civlc Center I'la~. (Mo2;), Santa Ana, California 92701,
Effective
(Completion ofth(: followi.ng, including countersignature. is r~q\.Hred to make rhis
C1tdotsemcnt etfective.)
cLfvl UX){ - fl{'(/100'
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Im.cdto ~ /tt.-c: M,'t. S"('",JrQ; ~,p((e.,'11
Named lruured
Countersigned by ~
thon ed Repre!en!ative
, this endorsement form as a part of
Policy #
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(THU),~PR 27 2006 '21 ,43I~,T, 21 '4'2./No cB21464571 P 3
POLICY NUMBER 2072158468
COMMERCIAL GENERAL L1A81LITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (Form B)
ThIS endorsement modifies insurance provldeo under the fOllowing,
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name of P''''on or Organization; THE CITY OF SANTA ANA. AND THE CITY OF SANTA ANA
LOCATED AT 20 CiVIC CENTER PLAZA. SANTA ANA, CA 92701:
AND THEIR RESPECTIVE OFFICERS. EMPLOEES. AGENTS.
VOLUNTEERS AND REPRESNTATIVES ARE NAMED AS
ADDITIONAL INSUREDS ("ADDITIONAL INSUREDS") WITH REGARD
TO LIABILITY AND DEFENSE OF SUITS ARISING FROM T
(If nu entry appeals above. Informallon required to complete thiS endorsement will be shown In the
Declarations as applicable to thiS endorsement.)
\/VHO IS AN INSURED (SGchon II) ~~ _mended to jndlJd~ ii1G an Insured the person or organization
shown In the Schedule, but only with lespeet 10 liability ariSing out of your ongoing operatIons per.
(OlllllOO fur lhat insured.
CG 20101093
Copyrigrlt Insurance SeNice~ Offh":t":, Inc, '99~
Certific(jIte it 10170
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