Loading...
HomeMy WebLinkAboutSANTOYO, DANIEL RAMIREZ - 2013.; City 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AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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 647-1520 if you have any questions. The agreement with COTC Office Use Only At% ?I PM 1: 57 0,11 K OF COU4ACNL No. N-2013-123 was completed on G 1js_. and final payment has been made. (List all amendments. Use space below if needed.) Department: MCISA Phone/Ext.: Signature: Date: R�Iq �'dplq Revised 10-31-12 d nURANCE. ON CHILE fuoRK tlitia PROCEED UNTIL INSURANCE EXP RES L3�:lot-3/-13 CLERK OF COUNCIL DATE; mm 13 2010./3 N-2013-123 /8 RECREATION SERVICES AGREEMENT o2013 J THIS AGREEMENT made and entered into this��Ic ay of 11013, by and between Daniel Ramirez Santoyo (hereinafter "Provider") aiid tl e City of Santa Ana, a charter city and municipal oorporation 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 skills, resources and knowledge to provide instruction in its leisure class program. 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: SCOPE OF SERVICES Provider shall perfoin those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Anticipated revenue from this class shall not exceed $25,000 annually. Payment to Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2015, 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 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. d. 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. e. 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 affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 2 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, 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. LIVE SCAN BACKGROUND CHECK Providers in contact with minors under eighteen years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 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 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 To Provider: Daniel Ramirez Santoyo Ballet Folklorico Renacimiento 13901 Femwood Drive Garden Grove, California 92843 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 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. 10. 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 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 is not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Termination or cancellation of classes by the Provider roust 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. 13. 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. 4 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 Comity, 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. 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 govermnental 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: IvIARIAP. HUIZAR Clerk of tI'ie Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa orck Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of Parks, Recreation and Community Services CITY OF TA ANA KEVIN O'ROURKE Interim City Manager PROVIDER DANIEL RAMIREZ SANT Exhibit A SCOPE OF SERVICES - Daniel Ramirez Santoyo A. Provider will teach Danza Folldorico class on a monthly basis for youths over age 6. B. Danza Folldorico classes will be held throughout the year. C. Provider and City staff shall mutually agree upon a schedule for classes, including the location, specific days and hours when class will be held and holidays to be observed. D. 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. E. 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 4 participants and a maximum of 30 participants. 2) No registration will be accepted after the second meeting of class. 3) In the event the minimum number of participants is not realized by the second meeting of the class, the class shall be cancelled. Provider will be under no obligation to provide services and the City will have no obligation to compensate Provider. CLASS FEES o The registration fee for the Danza Folldorico class is $25 per month. Anticipated revenue is not to exceed $25,000.00 annually. • No refimds shall be made to participants after the first week of class unless the class is cancelled by the City. • The City shall collect the class fees from each participant during the registration period. • City agrees to pay Provider seventy percent (70%) of the total fees within fifteen (15) working days after completion of the class session. City shall retain thirty percent (30%) of the fees collected as its administration fee. • Provider agrees that City representative shall be entitled to audit Provider's records to ensure compliance with this Agreement and that all participants are properly registered. EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2013-32 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: Daniel Ramirez TYPE: Dance (V rious 13901 Fernwood Drive DATE(S): April 18, 2013 — December 31, 2013 Garden Grove, CA 92843 LOCATION: Jerome Center *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: SEP41011 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2013 EXPIRATION: JANUARY 1, 2014 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTI LE: 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 ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$2,000,000 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 ofthe 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 Maryella Ramirez Denys Diaz 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: April 18.2013 by Briza Morales APPROVED AS TO FOR LiSA E. STORCK Assistant City Attorney `7 /1 /V -o20/3 -/23 MAYOR INTERIM CITY MANAGER Miguel A. Pulido Kevin O'Rourke MAYOR. PRO TEM a Sal Tinaiero ! CITY ATTORNEY COUNCIL MEMBERS f.,Y3_ Sonia R. Carvalho Angelica Amanda ...,............ David Benavides CLERKOFTHE COUNCIL Michele Martinez Roman A. Rayne CITY OF SANTA ANA Maria D. Huizar Vincent Sarmlento OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA M-29 • P.O. BOX 1956 SANTA ANA, CALIFORNIA 92702 (714) 647-5201 - Fax (714) 647-6515 October 1, 2013 Daniel Ramirez Samoyo Ballet Folklorico Renacimiento 13901 Fernwood Drive Garden Grove, California 92843 Re: Leisure Class Agreement Dear Mr. Santoyo: The City of Santa Ana ("City") entered into a Recreation Services Agreement ("said Agreement") for you to provide teaching services in the City's leisure program. Said Agreement contained insurance requirements including the requirement for sexual abase and molestation coverage (Section 5 c), At this time, the City is waiving this specific coverage. Thank you for your service to the City, Sincerely, Lisa Storck Assistant City Attorney Cc: Norma Mitre -Ramirez Mary Fazioli EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2014-18 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 Santa Ana, CA 92701 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Daniel Ramirez TYPE: Dance. 13901 Fernwood Drive DATE(S): 01/08/14—12/31/14 Garden Grove, CA 92843 LOCATION: Jerome Center ` y *Liquor Liability Yes ❑ No Z "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.CIAEILITX OCCURRENCE FORM DEDUCPIBI.R 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 p' $1,000,000/$3,000,000 © $2;000 040/$2,000,000 Property Damage (If purchased) Limit$50s000 Deductible$500 Limit $100,000 Deductible $1,000 The limits of insurance apply separately to each event insured by this policy as if aseparate policy ofinsurmncehas 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 ofthe ownership, maintenance : or use of the premises used by the named insured (event .holder). This insurance does. net apply to: Any "occurrence" which: takes place after the event holder ceases to be a tenant in that promises. OTHER ADDIT IONAL INSUREDS Maryella Ramirez Denys Diaz CANCELLAT]OK 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: January 8, 2014 by Briza Morales EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2015-29 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: Daniel Ramirez TYPE: Dance 13901 Fernwood Drive DATE(S): 03/04/15-12/31/15 Garden Grove, CA 92843 LOCATION: Jerome Center hh *Liquor Liability Yes ❑ No "Liquor Liabi ity after 12 am ends before 2 am ❑ This is to certify that theinsurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41017 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2015 EXPIRATION: JANUARY 1, 2016 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Pot icy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$2,000,000 Damage To Property (if purchased) The limits of insurance apply separately to each event insured by this policy as ifa separate policy of insurance ties been issued for that event. OTHER ADDITIONAL INSUREDS Ma yella Ramirez Denys Diaz 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: March 4, 2015 by Briza Morales