HomeMy WebLinkAboutRAMIREZ, YVETTE I.City of Santa Ana
Clerk of the Council COTC
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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amendments (if any) are no longer in effect.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 CLERK Ufl-
have been satisfied prior to signing the termination form.
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
No. N-2019-163 was completed on 06 1301202 o — and final payment has been made.
(List all amendments. Use space below if needed.)
Department:
Phone/Ext.:
Signature:
Date: el 1 10LI
Revised: 10-18-16
INSURANCE ON FILE
WORK MAY PROCEED
INTIL INSURANCE EXPIRES
1��3t1►y
CLER OF OU IL
DATE CrD
N-2019-163
u 9 Lulu RECREATION SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into on this 281" day August, 2019 by and
between Yvette 1. Ramirez ("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 educational classes to preschool age children in its recreation class
program.
B. Provider 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 their 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 provide educational classes to preschool age children 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.
3. TERM
This Agreement shall commence on September 3, 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.
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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. 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. Conunercial 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
frorn 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 o'finsured'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 cormnencing 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
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coverage greater than those listed by this Agreement, the amounts provided by the
certificates of insurance shall be incorporated by reference into the Agreement.
Consultant shall supply City with a fully executed additional insured endorsement.
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 tennination. 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 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) fiom 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.
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.
$. 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, its employees and subcontractors, 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.
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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: Ms. Yvette Ramirez
717 N. Nancita St
Anaheim, CA. 92801
Phone: 714-660-8112
Email: xxisabeiramirezGuicloud.com
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
#7092v2
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 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. T'ERMINATION
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 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 shalt 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.
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14. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity or gender identification, 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 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 govermuental 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 j udgment 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 persons) executing this Agreement on behalf of the pities hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties and that by so executing this
Agreement, the patties hereto are formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written,
ATTEST:
Daisy Gomez
Clerk of the Counoil
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
sy "�C�t rt,i t t
Laura Rossini
Senior Assistant City Attorney
AL:
Director of Parks,
i and Community Services Agency
CITY OF SANTA ANA
� �—
RrrRidge f
City Manager
PROVIDER:
Signature Page — Yvette Ramirez (Recreation Services Agreement)
#7092v2
Exhibit A
SCOPE OF SERVICES
A. Provider shall conduct Tiny Tots with Ms. Ramirez classes for ages 3 - 5 %zyrs old.
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 teen, including the location, specific days and hours when classes will be held,
and holidays to be observed, in accordance with City's needs.
Tiny Tots with Ms. Ramirez- we will be doing a lot of activities to help in the
development of your future scholar. To teach your preschooler children the basic
fundamental skills in the education such as colors, numbers, letters, shapes, and basic
words. They will also learn how to develop better hand -eye coordination and fine motor
skills, they will start drawing and coloring beyond just scribbling and learn how to use
pencils, paint brushes, and glue. Participants must be potty -trained.
INSTRUCTOR: Miss Yvette
LOCATION: 1825 W Civic Center Dr., Santa Ana, (714) 647-6558
Preschool classes will consist of monthly sessions, held 4 days per week, 3
hours per day.
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.
D. Provider shall be certified in infant CPR in Infant and First Aid. Provider shall furnish
proof of certifications.
E. Background check is required to volunteer.
CLASS SIZE
A. Provider will accept a minimum of 3 paid students and no more than 24 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 ftrrther obligations to pay Provider compensation for
the remaining classes that were cancelled in that session.
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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.
#7092v2
Page I of Certificate o .Insur'ance
Special Events
Name Insured: Named Additional Insured:
Yvette Isabel Ramirez SANTA ANA CITY OF -INDEPENDENT CITIES
717 North Nancita Street RISK MANAGEMENT (SPECIAL EVENT)
Anaheim, CA 92801 20 Civic Center Plaza M-28
SANTA ANA, CA 92701
Certificate Term 9/2/2019 to 10/31/2019 Certificate # COSA18-0009
Coverage CITY OF SANTA ANA Special Event Policy Company: New Hampshire Insurance Company
Commercial General Liability Per Master Policy4 010-624315
Master Policy Effective Date:1 I/I/2018 to expiration
Limits $2,000,000 General Aggregate / $1,000,000 Each Occurrence / $1,000,000 Products & Completed operations /
$1,000,000 Personal & Advertising Injury/$300,000 Damage to Rented Premises/ Medical Payments Excluded
Deductibles
$50,00 Premium (Fully Earned)
$0.00 Taxes (Fully Earned)
$40.00 Certificate Fee (Fully Earned)
REVIEWED & APPROVED
TRIA By Risk MANAGEMENT DIVISION
$90.00 Total Amount �VILLAREAL
Terms & I Premium and All fees are fully earned. No Cancellations Allowed. Conditions 2. Hazard Class: l 711
FRANCINE R.
3. Event Location: El Salvador Community Center
4. Event Description: Instructor- Tiny Tots
5. Total Attendance: 3 Vendors: None
6. Attachments: Limited Contractual Endt., Designated Premises, Classification Limitation Endt.
7. Event Date: 9/2/2019 to 10/31/2019
8. NO LIQUOR LIABILITY COVERAGE PROVIDED.
9. THIS POLICY DOES NOT PROVIDE COVERAGE FOR BODILY INJURY TO PERFORMERS OR
PARTICIPANTS AS A RESULT OF THEIR PARTICIPATION.
Department Parks, Recreation and Community Services
Exclusions Assault & Battery; Total Pollution; Asbestos; Lead Contamination; Animals; Nuclear; Employment Related
Practices; Liquor Liability; Cross Suits; Independent Contractors; Communicable Disease; Subsidence; Non-
Owned/Hired Auto; New Entities; Unscheduled activities or Events; Athletic Participants; Fireworks and Explosives;
Punitive Damages; Professional Liability; Voluntary Labor (For a complete list of the forms, conditions and
exclusions of the policy, refer to Master Policy.)
The insurance afforded under the specified policy above is subject to all terms, conditions, and exclusions of such
policy. (A copy of the policy is available upon written request.) This coverage applies only to the contractor or event
noted above and does not extend to any other activities or work performed by the holder.
MERRIWETHER & WILLIAMS INSURANCE SERVICES, Inc. should be notified at once of any claim arising
from your operation. Call 1-800-420-0555 and a claims representative will assist you in the reporting process.
Coverage is primary and not contributing with any insurance maintained by the above public entitiy. The limits of
insurance apply to each event. If more than one named insured for any one event it will not increase the total limits
of liability available for that event.
550 Montgomery St., Suite 550 San Francisco, CA 94111 800.420,0555 415.986.3999 fax 415,986,4421 License# 0001378
www,imwis.com
Page 2of2 Certificate of Insurance
Special Events
Name Insured:
Named Additional Insured:
Yvette Isabel Ramirez
SANTA ANA CITY OF -INDEPENDENT CITIES
717 North Nancita Street
RISK MANAGEMENT (SPECIAL EVENT)
Anaheim, CA 92801
20 Civic Center Plaza M-28
SANTA ANA, CA 92701
Certificate Term 9/2/2019 to 10/31/2019
Certificate # COSA188-;0009
4 ,t� t v ,LAJ4
C
Ingrid Merriwether, Presi' ent / Merriwether & Williams Insurance Services, Inc.
REVIEWED & APPROVED
By RISk MANAGEMENT DIVISION
AUG 3 0 2019
FRANCINE R. VILLAREAL
550 Montgomery St., Suite 550 San Francisco, CA 94111 800.420.0555 415.986.3999 fax 415.986,4421 License# 0001378
www.imwis.com
Yvette Ramirez
717 N Naucita St
Anaheim, CA. 92801
8/13/2019
City of Santa Ana
Risk Management Division
20 Civic Center Plaza,
Santa Ana, CA 92702
Re: Auto Insurance Requirement Release of Liability.
Dear City of Santa Ana Risk Management Division:
1, Yvette Ramirez, Recreation Instructor, hereby release the City of Automobile Liability.
I do not use/drive any vehicle during the course and scope of my course/histruction class,
During the term 9/1/2019 through 6/30/20201 will be teaching at El Salvador center located at:
1825 W Civic Center Dr., Santa Ana, CA., 92703
Sincer/111�uezjf��
Yvette
Recreation Instructor
REVIEWED & APPROVED
By RISk MANACjEMENT DIVISItm
160�2�019
FRANCINE R. VILLAREAL
WORKERS' COMPENSATION DECLARATION
194uAte 1SR64d V4 hl IN hereby affirni under penalty of perjury, the
(NOL11el le)
following declaration
I certify on behalf of.�v Yt6t- that during the teen of my
(CunndNnuCnnymny Nxnre)
contract for Recreation Classes services with the City of Santa Ann, I will
not employ any person in any manner so as to become subject to the workers'
compensation Inws 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: N 1 _120�q
By: (id
etm�b11ran1lr�z
Title: Tzre,{,Yt�Gt O MSl 66 m t Ayr' (
Telephone: I I4) q(PDjlj?I
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 (StOO,000). IN
ADDITION'f0'I'HE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATfORNEY'S FEES,
REVIEWED & APPROVED
By Risk MANAGEMENT DIVISION
AUK 302019,�--'
FRANCINE R. VILLAREAL