HomeMy WebLinkAboutACTIVE LEARNING, INC.City of Santa Ana
i Clerk of the Council coTa office use
AGREEMENT TERMINATION FORM
Please complete this form in its entirety 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amendments (if any) are no longer in effect.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. 17LBOK OF .'ME CgUNCIC
Is the agreement(s) a permanent record? Yes _ No
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with Wilt e t=(nma \0C
N-2019-090
No. was completed on Ck,l'o(`+)r)yCt and final payment has been made.
(List all amendments. Use space below if needed.)
Department: PK
Phone/Ext.:lg
Signature:
Date: 091 is 110 l
Revised: 10-18-16
INSURANCE NOT ON FILE N-2019-090
WORK MAY NQT PROCEED
CLERK OF COUNCIL
DATE: MAY 0 g 2019
Q W1�v v' RECREATION SERVICES AGREEMENT
StwkA, C.V4Va7 THIC AGREEMENT is made and entered into on this 'Ilth day of April, 2019 by and
between Active Learning, Inc. ("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")
IRK4070MI
A. The City desires to retain a recreation service provider having special skills, resources and
knowledge to provide Fantastic Family Fitness classes in its recreation class program.
B. Provider represents that it 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:
I. 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 $25,000.00 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 fee.
t 100910 Ii3i
This Agreement shall commence on May 1, 2019 and end on June 30, 2020 unless
terminated earlier in accordance with Section 12 below. The term of this Agreement may be
extended by a writing executed by the City Manager and the City Attorney.
Q. 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-ctnployee relationship, a joint venture relationship, or to allow the
I
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. Provider is not an agent, representative or employee of City and
Provider shall have no authority to act on behalf of the City.
I,j�lMfIMV
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 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's provisions.
b. Worker's Compensation Insurance. In accordance with California State law, 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. The following requirements apply to the insurance to be provided by Provider 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.
iv. Where the amounts or coverage provided by the certificates of insurance provides
coverage greater than those listed by this Agreement, the amounts provided by the
certificates of insurance shall be incorporated by reference into the Agreement.
V. Consultant shall supply City witha fully executed additional insured endorsement.
2
d. 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 terminate this
Agreement. Such termination shall not affect Provider's right to be paid for its.time and materials
expended prior to notification of tenmination. 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.
G. 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 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 I 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,
to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
caused by the negligence of the Provider. 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. 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 harmless the City from injury, damages, just compensation, restitution, judicial
or equitable relief caused by the 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 manner with performance of services specified under this
Agreement.
8. FINGERPRINTS AND BACKGROUND CHECK
Provider, and any employees, subcontractors or substitutes, shall arrange for and submit
their fingerprints for a criminal background check through the Department of Justice through the
City's Human Resources Department process. Consultant shall be responsible for all charges
associated with fingerprinting. Consultant shall not perform any services pursuant to this
Agreement until clearance is received and Consultant is notified by the City's Parks, Recreation
and Community Services Department.
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 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
With copy to:
Santa Ana, CA 92702-1988
Fax (714) 647-6956
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 571-4211
To Provider: Active Learning, Inc.
Hiba Shublak
14 Surfside
Newport Beach, CA 92663
Phone: (714) 717-4534
Email: hiha(irt activelearninuusa.or,
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 fax, 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 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.
Is
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 null 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 I I.b. must be
given to the City at least thirty (30) days prior to tennination/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.
14. NON-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, teaching, training, utilization, promotion, termination
or other employment related activities or any services provided under this Agreement. Provider
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 tenor 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 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 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:
Norma Mitre
Acting Clerk of the Council
[Signatures continue on the next page]
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CITY OF SANTA ANA
KRISTINE RIDGE
CITY MANAGER
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:dowa A, �
Laura Rossini
Senior Assistant City Attorney
AL:
a
Lis Ru off a Active Learn. g, Inca ""
Execu ive Director of Parks, Huba Shubla
Recreation and Community Services Agency (Title)
7
Exhibit A
SCOPE OF SERVICES
A. Provider shall conduct Funtastic Family Fitness classes for ages 5 and up.
B. Provider shall teach such or similar classes (1) at the times below at facilities 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 when classes will be held,
and holidays to be observed, in accordance with City's needs.
Funtastic Family Fitness (Adult)
Combination fitness class including boot camp drills, yoga, stretch, toning and dance.
Funtastic Family Fitness (I{ids)
Fun filled dance variety class including street hip hop, jazz and pop culture dance.
INSTRUCTOR: Hiba Shublak and Patch Geresia
LOCATION: Roosevelt Walker, 816 E. Chestnut Ave., Santa Ana, CA (714) 647-5220
• Funtastic Family Fitness classes that will consist of monthly sessions, held
1 day per week, 1 hour per day. (Adults)
• Funtastic Family Fitness classes that will consist of monthly sessions, held
l day per week, I hour per day. (Kids)
C. Provider shall provide all materials, supplies, equipment, records and personnel.
Provider shall be responsible for clean-up of the facilities and materials and shall ensure
the safety and effectiveness of instruction.
CLASS SIZE
A. Each class must have a minimum of 50 paid students and no more than 60 students.
B. No registration will be accepted after the second meeting of classes.
C. 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 for the cancelled classes,
and the City will have no further obligations to pay Provider compensation for the
remaining classes that were cancelled in that session.
CLASS FEES
A. Each participant shall pay class registration fees as established by City.
B. Provider may not waive class participation/registration fees.
C. Only registered participants may participate in class.
D. Any refunds to participants will be made in accordance with City policy.
E. Any materials fee shall be established by mutual agreement of City and Provider and shall
be payable directly to Provider.
WORKERS' COMPENSATION DECLARATION
hereby affirm under penalty of perjury, the
(Nnmeffitle) ( L
following declaration
I certify on behalf of �C l - Lt"Gh rYl /jL that during the term of my
(Cansult"UCampany N, e
contract for Recreation Classes _ services with the City of Santa Ana, I will
not employ any person in any manner so as to become subject to the workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith
comply with those provisions and provide proof of workers' compensation coverage.
DATE: _ - C �
By.
Name: _.ii1 *!?c-
Title:
Telephone; 2z,N— WS SO
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
6
ACOR& CERTIFICATE OF LIABILITY INSURANCE
04/24/20 9n
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 POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOE§ NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certlRwte holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WANED, subject to
the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the
certificate holder in lieu of such andomemeM s .
PRODUCER
Harbor West Insurance Agency, Inc.
2WO Marguerite Parkway, Suite a
Mission Viejo, Ca. 92692
W. CT Rick KEYS
PAS 949 768 054
1.1.. . (949) 766-1188 NP:
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INSURERS) AFFORDING COVERAGE NAICI
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INSURED
ACTIVE LEARNING w) C I ��'� �)C') C)
505 E Central Ave
Santa Ana. CA 92707
INSURER A: Hartford -
INSURER B:
INSURER c:
INSURER o
INSURER E :
INSURER F :
C0VSRknPe rPRTIFIrATP NUMBER! REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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EACH OCCURRENCE
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DESCRIPTION OF OPERATIONS 1 LOCATNINS I VEHICLES (ARSsh ACORDIdt,Addrd Ml Rener3Asdbeeds,9n seenlengUIM4)
City of Santa Me. its OMars, Assets. EmOoyessand VVIdIUM rS as Addllbnal imurad
20 CiMc Censer Plan
BMda Ms, CA 92701
Such Ineulsnn as H afforded by INS Posey Is PnmarY and is not addifia" m or cmtdbWneMth any other tnsurann carried by or for the West of He Odd ions Insured,
CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
ATTN: PURCHASING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. 30 day written notice of
20 CIVIC CENTER
SANTA ANA, PLAZA
Policy Cancellation to Certincate Hol er
ALmoltIZED REPRESeHTATVE
Richard Key
01 HS•200 C D CORPODATION. All rights reserve
ACORD 25 (201119109) The ACORD name and logo are registered marks of A ORD
POLICY NUMBER: 72 SBM BA2206 Active Learning
04/07/2019 to 04/07/2020
F1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s)
Or Organizatlon(s): Location(s) Of Covered Operations
City of Santa Ana, Its Officers, Agents, Employees
and Volunteers as additional insured
20 Civic Center Plaza
Santa Ana, CA 92701
Such insurance as Is afforded by this policy Is primary and Is not additional to or contributing
with any other insurance carried by or for the benefit of the additional Insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section C. — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily Injury", 'property
damage" or "personal and advertisingry"
caused, In whole or in part, by: Vie 9
1. Your acts or omissions; oGewi\e,
2. The acts or omissions of those acting on foyr
behalf; i--� (`)1
in the performance
the additional in
designated above.
Form SS 41 70 0611
Process Date:
S. With respect to the Insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
'property damage" occurring after:
rnen e�Ceatlor
PRGS�R
1. 1 work, including materials, parts or
ipment fumished in connection with such
on the project (other than service,
tenancy or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work' out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Page 1 of 1
Policy Expiration Date:
® 2011, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission)
(9
ADDITIONAL INSURED ENDORSEMENT
Insurance Company The Hartford
This endorsement modifies such insurance as is offered by the provisions of Policy Number.
72SBM BA2206 relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it
officers, employees, agents and representative are named as additional Insureds
("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by
or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of
any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice
has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701.
(Completion of the following, including countersignature, is required to make this endorsement effe_q�yd)W
RR
Effective 4R/2019 ,this endorsement form p8rt of of
Policy# 72SBM BA2206
Issued to (Name Insured) Active Leamino
Cacme Re�Ceat�o�
Countersigned by A141, Gso