HomeMy WebLinkAboutESTRADA, DAGNA ESTHER-2015City of Santa Ana
1 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amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
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
20'� AVG 22 PH q: 06
CITY OF SAN TA ANA
CLERK OF COUNCIL
N-2016-010
No. was completed on and final payment has been made.
(List all amendments. Use space below if needed.)
Department: PRGSA
Phone/Ext.: LI 1 C\
Signature:
Date: ao a,G\Ci
Revised: 01-07-16
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
/oP- 9/-/(
CLERK OF COUNCIL
DATE:.TE)
O . P JAN 2 5 2016
(I RECREATION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 28" day of December 2015, by acid
between Dagna Esther Estrada ("Provider") 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 ("City"),
RECITALS
A. The City desires to retain a recreation service provider having special skills, resources slid
knowledge to provide weight loss/nuntition classes in its leisure class progrsm.
B. Provider represents that she is able and willing to provide such services to the City.
C. hi undertaking the performance of this Agreement, Provider represents that she is
knowledgeable in her 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
In consideration for the provision of the programs set forth in Exhibit A, City agrees to
pay the Provider seventy percent (70%) of all gross revenue received from program participants.
Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made
monthly within thirty (30) days following completion of the last class taught by Provider the
prior. month. City shall be responsible for collecting all fees from program participants.
Provider shall not collect fees but will refer all interested participants to City for registration
information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue
received'from program participants as an administrative Bee.
3. TERM
This Agreement shall commence on January 1, 2016 and end on December 31, 2016,
unless terminated earlier in accordance with Section 12 below. The term of this Agreement may
be extended upon it writing executed by the City Manager and the City Attorney,
4. INDEPENDENT CONTRACTOR
Provider shall, during the entire tern of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
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and is in force and paid for, the City shall have the right, at the Cit,y's election, to terminate this
Agreement. Such termination shall not affect Provider's sight robe 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.
6. INDEMNIFICATION
Provider agrees to and shall indemnify, defend, and hold, harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal ini wy, including death, and claims for property damage, which may arise
frorn the direct or indirect operations of 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; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicialor equitable relief is due by reason of the terms of or effects
arising from this Agreement, This indemnity and hold'harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terns
of, or effects, arising from this Agreement. 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 challenging the validity of this
Agreement, or 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. In no case will Provider be required to indemnify or hold
harnless the City for itr,j ury, damages, just compensation, restitution, judicial or equitable relief
caused by the sole negligence of the City.
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 mamner with performance of services specified under this
Agreement.
8. LINE SCAN BACKGROUND CHECK
Provider, and any employees, subcontractors or substitatcs, in contact with minors under
eighteen. (18) 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
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this Agreement, Prw0der affirms that it is an equal opportunity employer and shall comply with
all applicable federal, state and local laws and regulations.
15. 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.
16. LICENSES
Provider shall, throughout the tern 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,
17. SEVERABILITY
In the event that one or more of the phrases, sentences, clauses, paragraphs or sections
contained in this Agreement shall be declared invalid or unenforceable by valid judgment or
decree of a court of competentjurisdiction, such invalidity or auenforeeability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement,
which shall be. interpreted to carry out the intent of the parties hereunder.
18. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
19. AUTIIORI'I'Y
The person(s) executing this Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties and that by so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
,year first above written,
ATTEST:
NIARIA ➢. ITUTZAR
Cleric of the Co'wicil
CITY OF SANTA AN
➢AVI AVAZOS
City Manager
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
fl v'y,� -r
By:_ /wzv-+u �ld r_—
r HN M. FUNK
Assistant City Attorney
RECOMMFNDED FO AP JROVAL: PROVIDER.
GERARDO MOUET A ESTHE CSTRADA
Executive Director of Pa ks,
Recreation and Camnnn ity Services Agency
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EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2016-22
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:
Esther Estrada
TYPE: Nutrition
1480 W. Lambert Road, Unit 291
DATE(S): 01/13/16—12/31/16
La Habra, CA 90631
LOCATION: El Salvador
*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. 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: SEP41020
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2016 EXPIRATION: JANUARY 1, 2017
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 Policy 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
❑ $1,000,00053,000,000
❑ $2,000,00062,000,000
d
Damage To Property (If purchased)
�
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance ha s or tOzina.
OTHER ADDITIONAL INSURED\en P
C_
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: January 13, 2016 by Briza Morales