HomeMy WebLinkAboutVALERA, VALERIE�. y
l of Santa Ana
'I ! Clerk of the Council
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AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all pnlq AM 2 Phi 5 OC
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements CITY OF SAHTA ANA
have been satisfied prior to signing the termination form. CLERK OF COUNCIL
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with /n,
No. N-2016-060 was completed on 0-b-1 and final payment has been made.
(List all amendments. Use space below if needed.)
Department: Mc(gA
Phone/Ext.: 4A lC1
Signature:
Date: Ql ( r� Vol,
Revised: 01-07-16
INSURANCE ON FILE
WORK MAY PROCEED
UNl'IL INSURANCE EXPIRES
6Q'%r'_a._..
CLERK OF COUNCIL
DATE: RECREATION SERVICES AGREEMENT
O:PRCS ( ®) APR 2 9 2016 w.: r=
Silvia Cuevas THIS AGREEMENT is made and entered into this 20a' day of April 2016, by and
between Valerie Valera ("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 and
knowledge to provide 31) Edible Jello Art classes in its leisure class program.
B. Provide represents that she is able and willing to provide such services to the City.
C. In 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.
t t.t
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 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, Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider
shall be made within thirty (30) days following completion of the last class taught by Provider
that 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 fee.
3. TERM
This Agreement shall commence on June 1, 2016 and terminate on May 31, 2017, unless
terminated earlier in accordance with Section.12, below. The term of this Agreement may be
extended for two additional two I -year periods upon a writing executed by the City Manager 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
Page 1 of 8
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 mammer 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. Provider is not an agent, representative or
employee of City and Provider shall have no authority to act on behalf of the City.
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 negligent 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 and $2,000,000 in the aggregate. 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 insured provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with California State law,
Consultant, 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.
d. If Provider is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per clainn with $2,000,000 in the aggregate.
e. 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.
Page 2 of 8
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City.
(iii) 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.
(iv) Provider shall supply City with fully executed additional insured endorsement.
f. If Provider fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to fiirnish 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 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.
b. INDEMNIFICATION
Provider agrees to and shall defend, indemnify 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 injury, including death, and claims for property damage, which may arise
from the negligent 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; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terns 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 terms
of, or effects, arising from this Agreement. The Provider fiuther 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,
7. CONFLH;T 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, and any employees, subcontractors or substitutes, in contact with minors under
eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background
Page 3 of 8
check for criminal history available through the California Department of Justice as a condition
of this Agreement and provide proof of compliance, including any criminal history identified,
prior to performing services hereunder. The background check shall include at a minimum a state
and county criminal history investigation where such individual resides and a search of the
National and California State Sex Offender Registries.
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 fax or other telegraphic
communication in the manner provided m 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
Fax (714) 647.6956
With copy to; Executive Director of Parks, Recreation and Community Services
City of Santa Ana
26 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax (714)571-4211
To Provider: Valerie Valera
229 N. Tustin Avenue, Apt, C
Anaheim, CA 92807
Cell; (714) 532-9554
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 tax, 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 regarding the subject matter herein, 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
Pago 4 of 8
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/SUBSTITUTES
a. Assignment. The experience, knowledge, capability and reputation of Provider were a
substantial inducement for City to enter into this Agreement. Therefore, 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 mull and void.
b. Substitutes. In the event Provider is not able to teach a class due to illness or some
other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a
qualified substitute instructor to teach the class at its regular time and place. Provider shall
ensure that substitute instructors are at least twenty-one (21) years of age and comply with the
City's insurance and live scan requirements contained herein. Evidence of compliance with
City's insurance and live scan requirements shall be provided upon request. Provider must
immediately notify the City of the substitute instructor's name, qualifications, address and phone
number. If Provider cannot procure a qualified substitute and the City is unable to assist in this
regard, then the class shall be canceled and a make=up class must be added to the session.
Provider must notify participants as soon as possible of any class cancellation and make-up class,
Provider must personally teach at least seventy-five percent (75°%) of its offered classes.
12, TERMINATION
a. This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Provider shall be entitled to receive, and City shall pay Provider,
compensation for all services rendered prior to the effective date of termination,
b. Termination or cancellation of classes by the Provider outside of Section 1 l.b. must 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 and will result in the City's retention of ten (10%) percent of the final payment to Provider.
13. RECORDS
Provider shall use attendance sheets generated and supplied by the City to record
attendance in each class. Provider shall keep these and any other records in connection with the
work to be performed under this Agreement and shall permit City, upon request, to review such
records for a period of three (3) years from the date of final payment to Provider under this
Agreement.
Page 5 of 8
14. NON DISCREMNATION
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, teaching, training, utilization, promotion,
termination or other employment related activities, or in any activities Corder this Agreement.
Provider affirms that it is an equal opportunity employer acid 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 term of this Agreement, maintain all necessary licenses,
pen -nits, 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 competent jurisdiction, such invalidity or unenforceability 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, AUTHORITY
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 be so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto Have executed this Agreement the date and
year first above written.
ATTEST:
MARIA D. I4UIZAR
Clerk of the Council
APPROVED AS TO NORM:
SONIA R. CARVALHO
City Attorney
By,
r3N M. FUNI{
ssistant City Attorney
RECOMMENDED FOR APPROVAL:
"'T�- w
ERARDO Mom
Executive Director of Parks,
Recreation and Community Services Agency
Page 7 of
CITY OF SANTA ANA
DAVID CA AZOS
City Manager
PROVIDER:
4VAR4IUVALERA
Tax ID 623-94-8061
Exhibit A
SCOPE OF SERVICES — Valerie Valeral31) Edible Jello Art Classes
A. Provider shall conduct 3D Edible Jello Art classes for individuals 18yrs & up
B. Provider shall teach such or similar classes (1) at the times below atfacilities to be
designated by the City or (2) on a schedule agreed upon by the parties for each class
session or term, including the location, specific days and hours wben classes will be held,
and holidays to be observed, in accordance with City's needs.
• Classes will consist of monthly sessions, one day per week, I hour mid 30 minutes
per day
C. Provider will provide and be responsible for equipment, records, and persoimei and
cleanup of the facilities and materials necessary to ensure the safety and effectiveness of
said instruction.
CLASS SIZE REGISTRATION
Each class must have a minimum of 3 paid students and no more than 25 students.
2. No registration will be accepted after the second meeting of classes.
If the minimum registration has not been reached by the second class, the class shall be
canceled. Provider will be under no obligation to provide services and the City will have
no obligations to pay Consultant compensation for the remaining classes that were
cancelled in that session.
CLASS FEES
A. Each participant shall pay class registration fee as established by City.
B. Provider may not waive class participation/registration fees.
C. Only registered participants may participate in class.
D. Any refuuds to participants will be made in accordance with City policy.
E. Any material fee shall be established by mutual agreement of City and Provider and shall
be payable directly to Provider,
Page 8 of 8
EVANSTONINSURANCE-"COMPANY
CERTIFICATE NO.: 635972.803573337829
CEIt11FICATE OF INSURANCE
SPECIAL. EVENT LIABILFFY PROGRAM
PRODUCER
PUBLIC ENTH'Y (ADDITIONAL_ INSUIU-D)
Alliant Insurance services, Inc. in conjunction with
City of Santa Ana
Apex Instuance Services
Amended certificate replaces l.lie certificate issued to you on
P. 0. Box 6450
April 26, 2016
Newport Beach, CA 92653
License No: OC 36861
i
NAMED INSURED (EVENT HOLDER):
CVENT INFORMATION:
Valerie Valera
TYPE: Cooking
229 N Tustin Ave Apt C
DATE(s): 06/01/2016 to 09/30/2016 _
Anaheim, CA 92807
LOCATION: El Salvador Center
"'Liquor Liability Yes— No�����
"Li nor Liabilit nttei 1.2 am ends before 2 am ❑
This is to certify That the insurance policy listed below has been issued to the above insures( named (event holder) loot 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 01, 2016 EXPIRATION: January 01, 2017
('OkIMER(. IAI OENERALUABILd1) General
tit'CURRI'ME FORM
DIDUCHBLl. VANE
.Aggregale. Limit S 2,000,000
Products & Completed [pmration6 1,000,000
SPECIAL CONDITIONS;
Personal S: Adcenh ing Injw,, 1,000,000
The followinitendorsemcn[s attached to
Each Oecon'ence Limit 1.000,000
the Master Policy do not apply to this
Damage To Premises Rented To Yon (Ali) Ono Premises) 100,000
Ceaiftcate 01' I nsorance:
Iriedicul Payments ( Any One Person) 5,000
Liquor Liability (11purebased) 1,000,000
Optional Limits Purchased
❑ $1,000,0001$3,000,000
❑ s2,000,000/$2,000,000
d,p�
Property Damage (If purchased)
��yiewe
No Property Damage Coverage
The limits of"our nce apply sepanaely to each avant in.urcd by this policy as ifillietEll ale policy or im, 1,
auet) fix Ihnt zve t
sk'a
on mo on
OTHER ADDITIT i AL INSUIW
l ANC 91Aj1,)vl Should Iha ahoyc dcwnbed policy be canvelled Mote the expiration date thereon, notice w-ill he delivered in acattdence wish the policv
xovisions.
AUTHORIZEDREPRESENIAFIVE:
DATE ISSU[D: 4/27/16
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 635975204871568375
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with
City of Santa Ana
Apex Insurance Services
P. O. Box 6450
Newport Beach, CA 92658
License No: OC 36861
NAMED INSURED (EVENT HOLDER):
EVENT INFORMATION:
Valerie Valera XA
TYPE: Cooking
229 N Tustin Ave., Apt C
DATE(S,): 06/03/2016 - 12130/2016
Anaheim, CA 92807
LOCATION: El Salvador Center
*Liquor Liability Yes o 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 01, 2016 EXPIRATION: January 01, 2017
COMMERCIAL GENERAL LIABILITY General
OCCURRENCE FORM
DEDUCTIBLE NONE
Aggregate Limit $2,000,000
products & Completed Operations 1,000,000
SPECIAL CONDITION&:
Personal & Advertising Injury 1,000,000
The following endorsements atladied to
Each Occurrence Limit 1,000,0001
theNlaster Policy do not apply to, this
Damage To Prernases Rented To YOU (Any One Premises) 100,000
Certificate Of Insurance:
Me&cal payments (Any One Person) 5,000
Liquor Liability (if purchased) 1,000,000
Optional Limits Purchased
$1,000,0001$3,000,000
El $2,000,00052,000,000
Property Damage (If purchased)
No Property Damage Coverage
I kn.
P"JPOM
The limits of insurance apply separately to each event insured by this policy as ifa separate policy Of insurance has been —issued for that event,
OTHER ADDITIONAL INSUREDS
CANCELLATION: S1101.11d the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy
provision-,.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: 04/29/2016
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 635975204871568375
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with
City of Santa Ana
Apex Insurance Services
P. O. Box 6450
Newport Beach, CA 92658
License No: OC 36861
NAMED INSURED (EVENT HOLDER):
EVENT INFORMATION:
Valerie Valera XA
TYPE: Cooking
229 N Tustin Ave., Apt C
DATE(S,): 06/03/2016 - 12130/2016
Anaheim, CA 92807
LOCATION: El Salvador Center
*Liquor Liability Yes o 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 01, 2016 EXPIRATION: January 01, 2017
COMMERCIAL GENERAL LIABILITY General
OCCURUNCE FORM
DEDUCTIBLE NONE
Aggregate Limit $2,000,000
products & Completed Operations 1,000,000
SPECIAL CONDITION&:
Personal & Advertising Injury 1,000,000
The following endorsements atlached to
Each Occurrence Limit 1,000,0001
theNlaster Policy do not apply to, this
Damage To Premses Rented To YOU (Any One Premises) 100,000
Certificate Of Insurance:
Me&cal payments (Any One Person) 5,000
Liquor Liability (if purchased) 1,000,000
Optional Limits Purchased
$1,000,0001$3,000,000
El $2,000,00052,000,000
Property Damage (If purchased)
No Property Damage Coverage
I kn.
P"JPOM
The limits of insurance apply separately to each event insured by this policy as rfa separate P011CY Of insurance has been —issued for that event,
OTHER ADDITIONAL INSUREDS
CANCELLATION: S1101.11d the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy
provision-,.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: 04/29/2016