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HomeMy WebLinkAboutORTEGA, MANUEL -2013INSURANU ON FILE N.2013 -095 W0+ K MAY PROCEED UNTIL INSURANCE EXFIREZ CLERK OF COUNCI DATE, JUL � 8 2013 )-P 0 C 1) OPERATIONAL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND eon CONTRACTOR/MUSICAL INSTRUCTOR MANUAL ORTEGA Un "�s THIS OPERATIONAL AGREEMENT is made and entered into this day of May, 2013, by and between Musical Instructor Manuel Ortega (hereinafter "Contractor "), 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 (hereinafter "City "). RECITALS: A. The Santa Ana Police Department and Contractor, Music Instructor Manuel Ortega (hereinafter collectively referred to as "the parties ") intend to work together toward the mutual goal of reducing gang violence and gang crime in the City of Santa Ana B. This Operational Agreement will be funded through the Federal Community Development Block Grant finds. C. Both parties believe the implementation of the Santa Ana Police Athletic and Activity League ( SAPAAL) program as described herein, will further this goal. To this end, each party agrees to participate in the program, if selected for funding, by coordinating /providing the services as identified below. 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 a. Contractor will provide services as set forth below and as set forth in Exhibit A, attached hereto and incorporated by reference. Any services performed by Contractor from December 31, 2012 to the date of execution of this Agreement shall be included within the Scope of Services of this Agreement. b. The SAPAAL project will closely coordinate the following services with Contractor for service provisions through: i. The project staff being readily available to Contractor for service provision using: site visits and sharing of information between project staff and Contractor. ii. Regularly scheduled meetings to be held quarterly between Contractor or his designee at 5108 W. lst Street, unit C, Santa Ana, CA, 714 - 418 -0591 and Director Tom Serafin or his designee of the SAPAAL program at 60 Civic Center Plaza, Santa Ana, CA. 714 - 245 -8050. iii. The meetings will be used to discuss strategies, timetables and implementation of mandated services specifically: staffing levels, hours of operation, and evaluation of the following program: The Guitar Class. c. Roles and responsibilities: i. The roles and responsibilities of the Santa Ana Police Department PAAL will be to provide students and instruments for the music program and allow a portion of the SAPAAL Center to be as a music classroom. Only youths enrolled in the SAPAAL Center can participate. ii. The roles and responsibilities of Contractor will be to provide one (1) qualified instructor for the music program working three (3) hours a day, (3) three days a week for the term of this agreement. 2. COMPENSATION /TRANSFER OF GRANT FUNDS a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total amount of funds for the life of the grant and the total sum to be expended under this Agreement shall not exceed'$7;000.00 during the term of this Agreement. c. Funds will be transferred once a month by City within thirty (30) days following receipt of a 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 that may be reasonably be expected by City. 3. BACKGROUND CHECK AND AFFIRMATIVE OBLIGATIONS RE CRIMINAL ISSUES Prior to beginning any music classes under this Agreement, Contractor will submit to a background check and live scan fingerprinting through the Santa Ana Police Department or provide proof of a background check and life scan conducted through another law enforcement agency if Contractor has not done so previously as part of his work with the SAPAAL Center. Furthermore, Contractor understands that work under this Agreement involves classes taught to minors and that Contractor has an affirmative obligation to advise the City if he is arrested for any sexual based offense, crime against a minor, or crime involving violence during the term of this Agreement. Contractor understands that any conviction for any sexual -based offense, crime against a minor, or crime involving violence will result in termination of this Agreement at the City's sole discretion. 4. TERM This Agreement shall commence on June 1, 2013 and terminate on May 31, 2014, unless terminated earlier in accordance with Section 11, below. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. 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 there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement containing the following clauses: 1. "The City of Santa Ana, its officers, employees, agents, volunteers and representatives, is added as an additional insured as respects operations of the named insured performed under contract with the City of Santa Ana." 2. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess of and not contribute with, insurance provided by this policy." 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. 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. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 death, and claims for property damage, which may arise from the Contractor's acts of negligence or willful misconduct in the performance of 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 4 With courtesy copies to: City of Santa Ana Police Department Attention: Chief of Police City of Santa Ana 60 Civic Center Plaza, M -96 P.O. Box 1981 Santa Ana, California 92702 Telefacsimile (714) 647 -6591 City Attorney City of Santa Ana 20 Civic Center Plaza, M29 P.O.Box 1981 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Contractor: Manuel Ortega 5108 West 1st Street, Unit C Santa Ana, California 9270? 714 - 418 -0591 714 - 227 -5465 A party may change its address by giving notice in writing to the other party. Thereafter, 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 telefacsimile, 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 Contractor, 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 Contractor. 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 Contractor 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 are not embodied herein f[17�FYYCe1►I�I�Y�I Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 by other contractors retained by City. 11. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination or by the City with cause upon five (5) days written notice of termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of tennination. 12. DISCRIMINATION Contractor 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. Contractor 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. PROFESSIONAL LICENSES Contractor 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 0 State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. 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. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 4,j tAI —, ?,. c� t Laura A. Rossini Assistant City Attorney RECOMMENDED FOR APPROVAL• CARLOSROJAS Acting Chief of Police CITY SA.NTA ANA KEV e0tRKE Interim City Manager CONTRACTOR MANUEL ORTEGA Music Instructor �,f� EXHIBIT A SCOPE OF SERVICES 1) Consultant will teach Guitar Classes at the Santa Ana Police Athletic and Activity League Center. The classes will teach music theory, chord structure and performing styles. 2) The classes will be held on Monday, Tuesday and Wednesday from 3:00 p.m. — 6:00 p.m. beginning June 1, 2013 through December 31, 2013. The classes will be offered at the beginner, intermediate and advance levels. 3) Consultant 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. 4) If Consultant allows others to teach his /her class, those teachers must be over 21, have obtained and maintain an instructor rating, be covered by Consultants' insurance, and have undergone a background check and live scan fingerprinting. Consultant shall provide City with documentation to verify instructor, background check, live scan fingerprinting, and insurance requirements. CLASS SIZE 1) Each class must have a minimum of 1 student and a maximum of no more than 8 students. 2) Registration is ongoing and will be accepted after the first 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. Consultant will be under no obligation to provide services and the City will have no obligations to pay Consultant compensation. CLASS FEES 1) There will be no fee charged to participants for the class. 3) The Santa Ana Police Athletic and Activity League shall register each participant for the program. Consultant shall not collect fees, but shall refer all interested participants to the Santa Ana Police Athletic and Activity League for registration. 4) Consultant shall receive $25.00 per hour for services. 5) Consultant agrees that City is entitled to audit Consultant's records and classes to insure compliance with this Agreement. 6) The Santa Ana Police Athletic and Activity League shall prepare class rosters and provide a copy to Consultant. Only Santa Ana Police Athletic and Activity League registered participants may participate in class. EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2013 -10 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Santa Ana Apex Insurance Services 20 Civic Center Plaza P. 0. Box 6450 Santa Ana, CA 92701 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Manuel Ortega TYPE: Music 5108 W. First Street 4C DATE(S): 01/07/13 — 12/31/13 Santa Ana, CA 92703 LOCATION: Santa Ana Police Athletic & Activity League (SAPAAL) *Liquor Liability Yes ❑ No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured natned (event holder) for the policy period indicated. 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 policy listed and it does not constitute a contract between the insurance carrier, authorized representative, producer and certificate holder. The insurance described herein is subject to all the terms, exclusions and conditions of such poliey(ies). INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41011 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2013 EXPIRATION: JANUARY 1, 2014 COMMERCIAL GENERAL LIABILITY OCCURRENCEFORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence Limit 1,000,000 Fire Damage (Any One Fire) 100,000 Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,00053,000,000 ❑ $2,000,00052,000,000 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. "Who is insured" is amended to include, as an insured, the person or organization shown in this schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply to: Any "occurrence" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCELLATION, Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy pmvieions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: Jthin 7 2013b Laura A. Rossini Assistant City Attorney A'a -fit . a-(11 - -- — EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2014 -05 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Santa Ana Apex Insurance Services 20 Civic Center Plaza P. O. Box 6450 A/_ Z0/3 -0?6- Santa Ana, CA 92701 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Manual Ortega TYPE: Music 5108 W. First Street, #C DATE(S): 01/01/14 – 12/31/14 Santa Ana, CA 92703 LOCATION: Santa Ana Police Athletic & Activity League (SAPAAL) *Liquor Liability Yes ❑ No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. 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 policy listed and it does not constitute a contract between the insurance carrier, authorized representative, producer and certificate holder. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies). INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41014 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2014 EXPIRATION: JANUARY 1, 2015 COMMERCIAL GENERAL LIABILITY OCCURRENCEFORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 Personal& Advertising Injury 1,000,000 Each Occurrence Limit 1,000,000 Fire Damage (Any One Fire) 100,000 Medical Payments (Any One Person) AAA �'RO V'.ED A TO FORM Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1, 000,000/$3,000,000 °°'°°•— • - - - -- Laura A. Rossini ❑ $2,000,00052,000,000 Property Damage (If purchased) Assistant Cit, Attorney ❑ Limit $50,000 Deductible $500 ❑ Limit $100,000 Deductible $1,000 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. "Who is insured" is amended to include, as an insured, the person or organization shown in this schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply to: Any "occmrenee" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: December 18, 2013 by Briza Morales