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HomeMy WebLinkAboutORTEGA, MANUEL 5 - 2017INSURANCE ON FILE WORX MAY PROCEED. -- _ N-2017-086 UNTIL INSURANCE EXPIRES f-2-31-17 -, CLERK OF COUNCIL DATE: CHIN 19 2017 AGREEMENT O: SAPD (/) BETWEEN THE CITY OF SANTA ANA AND CONTRACTOR/MUSICAL INSTRUCTOR MANUAL ORTEGA Fiscal THIS AGREEMENT is made and entered into this 1st day of June, 2017, 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. 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 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 asset forth below and asset forth in Exhibif A, attached hereto and incorporated by reference. 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. I st Street, unit C, Santa Ana, CA, (714) 418-0591 and Director Kenny Aguilar 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. 2. 91 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. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. b. The total sum to be expended under this Agreement shall not exceed $2.1,000.00 during the term of this Agreement as follows: June 1, 2017 — May 31, 2018 Not to exceed $7,000 June 1, 2018 —May 31, 2019 Not to exceed $7,000 June 1, 2019 — May 31, 2020 Not to exceed $7,000 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, 2017 and terminate on May 31, 2020, 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 therefrom and damage to property, resulting from any act or occurrence arising out of Consultant'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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. 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 the provisions of Section 3700 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. d. If Consultant 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 claim with $2,000,000 in the aggregate. e. 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 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. If Consultant 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 Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall 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 direct or indirect operations of the Consultant 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 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 terms of, or effects, arising from this Agreement. The Consultant 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. Notwithstanding the El foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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 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.Box1981 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Contractor: Manuel Ortega 5108 West 1 st Street, Unit C Santa Ana, California 92703 Telephone (714) 418-0591 Telefacsimile (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 10. ASSIGNMENT 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 the City upon thirty (30) days written notice of termination. In 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 termination. 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 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, authorityand 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: CITY OF SANTA ANA MARIA D. HUIZAR NTHIA J. TZ Clerk of the Council Interim City anaaer APPROVED AS TO FORM: SONIA R. CARVALHO Cit ttorney B: Tam aogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: �J J ESSCHNABL Acting Chief of Police CONTRACTOR MANUEL ORTEGA Music Instructor 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 Wednesdays from 3:00 p.m. — 6:00 p.m. beginning June 1, 2017 through May 31, 2020. 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. Class dates and times can be changed subject to mutual agreement by the parties. 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. 10 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2017-14 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Santa Ana Apex hrsurance 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: Manuel Ortega / TYPE: Music 5108 W First Street, #C DATE(S): 01/01/17-12/31/17 Santa Ana, CA 92703 LOCATION: Santa Ana Police Athletic & Activity Leaeue (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. 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: SEP41023 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2017 EXPIRATION: JANUARY 1, 2018 COMMERCIAL GENERAL LIABILITY `� OCCURRENCEFORM DEDUCTIBLE: NONE General Aggregate Limit S 2,000,000 I 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 ❑ $1,000,000/$3,000,000 ❑ $2,000,00052,000,000 Damage To Property (If purchased) The lints of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. 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. FA rryrec•»ra•l.»����.r :��� .Y