HomeMy WebLinkAboutCAMPOS, FLOR (4)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL I_ NURANCE EXPIRES
CITY CLERK {�C
DATE:
N-2024-085
RECREATION SERVICES AGREEMENT WITH FLOR CAMPOS FOR ADULT
PAINTING CLASSES
THIS AGREEMENT is made and entered into on this 25th day of January 2024 by
and between Flor Campos, an individual ("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"). City and Provider may be collectively referred to as the "Parties"
N
or individually as a "Party."
RECITALS
A. The City desires to retain a recreation service provider having special skills, resources and
knowledge to provide adult painting 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 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.
D. The Parties acknowledge that the City intends to provide recreational activities to the public
but must balance the need to comply with all COVID-19 guidance and restrictions.
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. Provider shall perform those services as set forth in Exhibit A to this Agreement.
b. All classes operated pursuant to this Agreement for conducting recreation classes at
City facilities, including parks, will comply with all applicable guidance and public
health orders, including those from the Centers for Disease Control ("CDC"),
California Department of Public Health ("CDPH"), the Orange County Health Care
Agency ("OCHCA") and the City itself for as long as those orders and guidance remain
in place. Provider will remind participants of these guidelines. To the extent that
Provider needs assistance with enforcing any rules or requirements, Provider will
contact a City Parks' employee or City security for assistance.
c. Provider shall not attend a class or teach any class if Provider is sick or has any
symptom(s) associated with COVID-19 including but not limited to, fever above 100.4,
chills, cough, shortness of breath, loss of taste or smell, nausea, muscle or body aches,
vomiting, headache, sore throat or diarrhea.
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d. Provider will not attend class or teach a class if Provider or any member of Provider's
household has been asked to quarantine or self -isolate due to symptoms of COVID-19
or a positive test result for COVID-19.
e. Provider acknowledges that, to the extent that City is able to andchooses to conduct
classes indoors, this Agreement will also cover classes conducted at one of City's
recreational centers during the term of this Agreement.
f. City reserves the right to change the location(s) at which the services contemplated by
this Agreement are provided.
g. Provider shall comply with the City's recreation class policy manual and any other City
rules and regulations regarding the operation of recreation classes.
2. COMPENSATION
a. In consideration for the provision of the programs set forth in Exhibit A, City agrees
to pay, and Provider agrees to accept as total payment for their services for the City,
eighty percent (80%) of all gross revenue received from program participants, Total
annual revenue to Provider shall not exceed twenty-five thousand dollars and zero cents
($25,000).
b. This Agreement contemplates a reimbursement of up to $350 for the cost of insurance
as required by Section 5 of this Agreement, subject to proof acceptable to the Director
of Parks, Recreation and Community Services or their designee.
c. Payment by City shall be made within forty-five (45) days following completion of the
last class taught by Provider the prior month, subject to City accounting procedures.
City and Provider agree that all payments due and owing under this Agreement shall
be made through Automated Clearing House (ACH) transfers. Provider agrees to
execute the City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Provider's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
d. 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 twenty percent (20%) of all gross
revenue received from program participants as an administrative fee.
3. TERM
This Agreement shall commence on February 1, 2024 and end on January 31, 2025 unless
terminated earlier in accordance with Section 14 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. Minimum Scope and Limit of Insurance:
(1) Commercial General Liability Insurance. Insurance Services Office Form CG
00 01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
(2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1),
or if Provider has no owned autos, hired (Code 8) and non -owned autos (Code 9),
with limit no less than $1,00,000 per accident for bodily injury and property
damage.
(3) Worker's Compensation Insurance. As required by the State of California, with
statutory limits, and Employer's Liability Insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease.
(4) Broader Coverage. If the Provider maintains broader coverage and/or higher
limits than the minimums shown above, the City requires and shall be entitled to
the broader coverage and/or the higher limits maintained by the Provider. Any
available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to the City.
b. Other Insurance Provisions
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(1) Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Provider including materials, parts, or equipment furnished in connectionwith such
work or operations. General liability coverage can be provided in the form of an
endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10
1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20
33, or CG 20 38; and CG 2037 if a later edition is used).
(2) Primary Coverage: For any claims related to this contract, the Provider's
insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104
13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its officers,officials, employees,
or volunteers shall be excess of the Provider's insurance and shall not contribute
with it.
(3) Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
(4) Waiver of Subrogation: Provider hereby grants to City a waiver of any right to
subrogation that any insurer of said Provider may acquire against the City by virtue
of the payment of any loss under such insurance. Provider agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(5) Self -Insured Retentions: Self -insured retentions must be declared to and approved
by the City. The City may require the Provider to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be
satisfied by either the named insured or City.
(6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A: VII, unless otherwise acceptable to the City.
(7) Verification of Coverage: Provider shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage requiredby this clause) and a copy of
the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Provider's obligation to
provide them.
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The City reserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications, at any
time.
(8) Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
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) 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. CONFIDENTIALITY
If Provider receives from the City information which due to the nature of such information
is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use
or disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in
no event less than reasonable care. "Confidential Information" shall include all nonpublic
information, including but not limited to student records. Confidential information includes not
only written information, but also information transferred orally, visually, electronically, or by
other means. Confidential information disclosed to either Party by any subsidiary anA/or agent of
the other Party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in
rightful possession of the Provider without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Provider without reference
to information disclosed by the City.
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347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750,
or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729.
11. 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
Santa Ana, CA 92702-1988
Fax (714) 647-6956
With copy to: 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: Flor Campos
256 S. Flower St. #B
Orange, CA 92868
sipandpaintqueen@ email. 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.
12. 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
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that are inconsistent with, or in addition to, the teens 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.
13. 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.
14. 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 must be given to the City, in writing, 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.
15. 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.
16. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, 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.
17. 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
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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.
18. 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 governmental agencies.
19. 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.
20. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
21. 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.
[signature page follows/
Page 9 of 10
N-2024-085
SIGNATURE PAGE FOR RECREATION SERVICES AGREEMENT WITH FLOR
CAMPOS FOR ADULT PAINTING CLASSES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
SONIA R. CARVALHO
City Attorney
'Hrandon Salvatiena
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
)�54h-r
Hawk Scott (Jan 29, 202409:06 PST)
Hawk Scott
Executive Director of Parks,
Recreation and Community Services Agency
CITY OF SANTA AN
A/v o�
Thomas . Hatcl
Interim City Manager
UTl * •
-Roi- M. Caw�yos —
Flor M. Camposoan 26. 20 4199Z 2PST)
Flor Campos
Owner
Page 10 of 10
0
1.9
C.
Exhibit A
SCOPE OF SERVICES
Provider shall conduct Painting classes for participants ages 18+.
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.
Spark your creativity with a step-by-step painting class. Designed to take you from never
having painted before to creating art that you can be proud of. Working with user-
friendly acrylic paint. Learn the basics of painting on canvases. This workshop doesn't
require any experience. Once completed you can take your art home. All materials
included. Workshops are for adults 18 and over.
INSTRUCTOR: Flor Campos
LOCATION: Southwest Senior Center, 2201 W McFadden Ave, Santa Ana, CA 92704 (714)
647-5306
• Painting Workshop will consist of monthly classes, held 1 day per week, 2 hours.
INSTRUCTOR: Flor Campos
LOCATION: Open to Other Recreation Parks and Centers, Santa Ana, CA, (714) 647-5308
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 10 paid students and no more than 20 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
cancelled. 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.
Hoang, Julie
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Wednesday, February 28, 2024 5:17 PM
To: sipandpaintqueen@gmail.com; Hoang, Julie; Garcia, Stephanie
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Flor Campos
Name:
Project TBD (134)
Number:
Project RECREATION SERVICES AGREEMENT WITH FLOR CAMPOS FOR
Name: ADULT PAINTING CLASSES
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coverage(s) are:
TYPE OF
POLICY
EXPIRATION
COI
INSURANCE
NUMBER
DATE
DATE
FILE NAME
AUTOMOBILE
WAIVER
02/14/2025
02/29/2024
WAIVER- Auto Liability (Non -Use Agreement)
LIABILITY
Request_Fillable (1).pdf
GENERAL
P1027896171
01/02/2025
02/01/2024
BOP_ACORD_CityofSantaAna_01_02_2024_P102789617-
LIABILITY
1528935768656.pdf
WORKERS
COMPENSATION
AND
WAIVER
11/24/2024
1I/24/2023
WAIVER -Workers Compensation Exemption Form—Flor
EMPLOYERS'
Campos.pdf
LIABILITY
No further action is required
at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team