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HomeMy WebLinkAboutBARRERA, DEBBIE L.-2010City 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AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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). C 20(3 ✓ COTC Office Use Only --------------- - - - - -- > >a The agreement with ),?Ag a c No. N- 2010 -030 was completed on 7 I 13 and final payment has been made. (List all amendments. Use space below if needed.) Department: F/2 C SA Phone /Ext.: y Signature: Date: Revised 07 -22 -09 Iry 4,r�r��GE ON PILE N- 2010 -030 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF GO L RECREATION SERVICES AGREEMENT 12 L hF'C- `) THIS AGREEMENT made and entered into this day of 7 ��,��; , 20 by and between Debbie L. Barrera, an individual (hereinafter "Provider "), and the C�ity�of 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 recreation service provider having special skill and knowledge in the field of dance and yoga instruction. 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 a. In consideration for the right to provide the programs set forth in Exhibit A, including payment of administrative costs to the City b. Payment by Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall commence on the date set forth above and terminate on June 30, 2011, unless terminated earlier in accordance with Section 11, 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 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 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. 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. Commercial General Liability Insurance. Provider 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 Provider'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. Provider 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, Provider, if Provider 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, 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. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (ii) 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 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 Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to 2 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 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 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. 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 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. 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. 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 copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571 -4211 3 To Provider: 2216 Main St. Santa Ana, CA 92706 (714) 442 -0043 Phone (714) 265 -7322 Fax info@aadara.net 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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 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. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, 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. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall pay City all compensation due prior to receipt of such notice of termination. F1 12. DISCRIMINATION 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, training, utilization, promotion, termination or other employment related activities. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 14. 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. 16. EXHIBITS 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: MARIA D. I- iUIZAR Clerk of the Council APPROVED }AS TO FORM: jJ. JOS FL,ETCHER CA ttorney 5 CITY OF SANTA ANA DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director of Parks, Recreation and Community Services PROVIDER Name: DebtYOBarrera Tax ID# 27- 0411619 EXHIBIT A SCOPE OF SERVICES 1) Provider will teach a variety of classes through their own studio ( Aadara Studio). BOLLYWOOD DANCE $60 /6Weeks Ages 15 yrs & Up Learn the movement, drama, and beauty of Bollywood dance- a fusion of classical and modern Indian dance with a dash of hip hop & jazz. Join us and learn how to tell a story through dance while getting a fun workout! INSTRUCTOR: Aadara Studio Instructors LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307 DAY TIME Thu 7:00 PM - 8:00 PM CREATIVE DRAMATICS FOR KIDS $45.00 /6Weeks Ages 11 -15 yrs Join in our creative dramatics class that will encourage creativity, develop body awareness, and build confidence. Class includes some elements of warm up with basic yoga poses, Improvisational games, movement exercises, scenes and monologues. INSTRUCTOR: Aadara Studio Instructor LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307 Day TIME Sat 11:15 AM - 11:45 AM CREATIVE DRAMATICS FOR KIDS $45.00 /6Weeks Ages 11 -15 yrs Join in our creative dramatics class that will encourage creativity, develop body awareness, and build confidence. Class includes some elements of warm up with basic yoga poses, Improvisational games, movement exercises, scenes and monologues. INSTRUCTOR: Aadara Studio Instructor LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307 Day TIME Sat 11:15 AM - 11:45 AM EVENING YOGA $60.00 /6Weeks Ages 18 & Up Welcome beginners & Level 1 yogis! Class focuses on smart technique, breath & basic philosophy. Enjoy a mix of Hatha, Ashtanga & Vinyasa flow styles of yoga. Receive a well - rounded focus on strength and flexibility, with an overarching theme of having fun and letting your mind let go. Music plays a big role in classes —tunes ranging from jazz, to alt rock, to wood flutes. Accompanied by aromatherapy and candles this class atmosphere is thoughtful and meditative. 7 INSTRUCTOR: Aadara Studio Instructor LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307 DAY TIME Mon 6:00 PM - 7:15 PM LUNCH TIME YOGA All Levels Welcome $60.00 /3Week Rejuvenate your mind and body with a midday yoga practice! This class will refresh you with postures that stretch, strengthen and tone the body, instruction on breath work, guided meditation and relaxation. It's great for beginners but anyone who wants an afternoon pick -me- up are welcome. INSTRUCTOR: Aradara Studio Staff LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307 Day TIME Tue, Thu 12:00 PM - 1:00 PM DEEKSHA Ages 13 yrs - Adults FREE A relaxing meditation -like experience that helps you reduce /eliminate the constant over thinking, chatter in the mind and re -play of events and planning that seems to be unstoppable! Deeksha initiates a neurobiological change /shift in the brain which helps to balance energy from overactive thinking center of the brain (parietal lobes), to the under active (frontal lobe) of the brain. Class begins April 5. INSTRUCTOR: Aadara Studio Staff LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307 DAY TIME Mon 7:30 PM - 8:30 PM 2) Provider will provide and be responsible for equipment, records, personnel and clean up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 3) If Provider allows others to teach his /her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. CLASS SIZE 1) Each class must have a minimum of 1 paid student and no more than a maximum of 15. 2) No registration will be accepted after the second meeting of class. 3) In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Provider will be under no obligation to provide services and the City will have no obligations to pay Provider compensation CLASS FEES 1) Each participant shall pay depending on what class they registration (see above) for the 6 week session. Anticipated revenue from this class is $6,000.00. 2) No refunds will be made to participants after the first week of class unless the class is cancelled by the City. 3) The City shall collect registration fees on behalf of Provider from each participant during the registration period. Provider shall refer all interested participants to City for registration. 4) Provider shall pay thirty per cent (30 %) of the fees collected as an administration fee to the City. 5) Provider agrees that City is entitled to audit Provider's records and classes to insure compliance with this Agreement. 6) Provider may not waive class participation/registration fees. 7) City shall prepare class rosters on Provider's behalf. Only registered participants may participate in class. 9 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 Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 10 .:an '15 10 OZ-:25p CERTIFICATE OF INSURANCE n. „,... This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington,, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloom'ngton, lihnois ,,,,... «L ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontaric ❑ STATE FARM FLORIDA INSJRANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Da!las, Texas insures the following policyholder for the coverages indicated below Policyholder Aadara Address of policyholder Location of operations Description of operations 2215 N MAIN ST, SANTA ANA, Cr? 92 7 C 6 2216 N; MAIN ST, SANTA ANA, CA 927C-6 YOGA ST-M-10 p.2 The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subiect :o all the terms, exclusions, and condit'ons of those policies. The limits of liability shown may have been reduced by any paid claims- THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder City of Santa Ana / City Attorney Iten Reviewed Approved: Date; 55 -994 a 5 Rev 11 -C8 -2004 Printed n L.S.A. If any of the described policies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. Signature of Authorized Representative O1- "_5 -1G T Ile Date ERIC LENAE AN Agent Name Telephone Number 562.553.2488 Agent's Code Stamp Agent Code 75 -3190 AFO Code F415 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) Comprehensive BODILY INJURY AND 92- BR- U 751-0 G Business Liability C9 -10-C _ 9 -i0 -i0 PROPERTY DAMAGE ----------------------- - - - - -- This insurance includes: --------------------------------------------------------- - -- - 2g Products - Completed Operations ® Contractual Liability Each Occurrence $ 1, OvO, Goo ® Personal Injury ® Advertising Injjry General Aggregate S 2, 0 0, 300 ❑ Products - Completed $ 1, 300, 00C ❑ Ouerations Aggregate EXCESS LILABILITY POLICY PERIOD Effective Date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella i Each Occurrence $ ❑ Other Aggregate S POLICY PERIOD Part I - Workers Compensation - Statutory Effective Date Expiration Date Workers' Compensation Part !I - Employers Liability and Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder City of Santa Ana / City Attorney Iten Reviewed Approved: Date; 55 -994 a 5 Rev 11 -C8 -2004 Printed n L.S.A. If any of the described policies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. Signature of Authorized Representative O1- "_5 -1G T Ile Date ERIC LENAE AN Agent Name Telephone Number 562.553.2488 Agent's Code Stamp Agent Code 75 -3190 AFO Code F415 cxxi Policy No.: 92- BR -U757-0 FE -6609 now uw SECTION II ADDITIONAL INSURED ENDORSEMENT It /MMI Policy No.: 92 -BR -U757-0 Named Insured: DEUPREE, JOHN COLTER & BARRERA, DEBBIE DBA AADARA Additional Insured (include address): CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ® Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. City of Santa Ana / City Attorney Item !zL Reviewed: Approved:_ Date.- i FE -6609 Printed in U.SA.