HomeMy WebLinkAboutRamirez, Daniel 1City of Santa Ana
-� Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647 -6520 if you have any questions.
The agreement with
(, 2a65
f
COTC Office Use Only
No. N- 2000 -200 was completed on 6/30/01 and final payment has been made.
(list all amendments. Use space below if needed.)
N- 2001 -127, N- 2002 -077 Department: PRCSA
Phone /Ext.: 5254
Signature: �SL�
Date: 6/13/14
Revised 08 -23 -10
N- 2000 -20 0
NQUak,g0E ON PLE
CONSULTANT AGREEMENT t'
THIS AGREEMENT, made and entered into this IT day of "ohl 2000 by
and between Daniel Ramirez, a sole proprietor (hereinafter "Consultant'), 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 City desires to retain a consultant having special skill and knowledge in the field of
teaching Mexican Folk dance to children.
B. Consultant represents that he is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that he is
knowledgeable in his field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
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:
SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay and Consultant agrees to accept as total payment for his services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $6000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. 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.
3. TERM
This Agreement shall commence on January 8, 2001 and terminate on June 30, 2001,
unless terminated earlier in accordance with Section 12, below. The term of this Agreement may
be extended by a writing executed by the Executive Director of the Parks, Recreation and
Community Services Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant 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
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services., Consultant 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.
5. 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. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 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.
c. 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 in form by the City Attorney.
(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.
d. 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 effect 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.
6. 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 health, 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 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. 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.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Consultant 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. 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 and /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 Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that he 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.
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 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:
and,
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
telefacsimile (714 ) 571 -4235
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To Consultant:
Daniel Ramirez
13901 Fernwood Drive
Garden Grove, California 92843
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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, any notice, tender, demand, delivery, or
other 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
Consultant, 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 Consultant. 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 Consultant nor
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.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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 consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. 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.
15. PROFESSIONAL LICENSES
Consultant 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. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and 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:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura heedy
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
YVL�-'
CL VE WILLIAMS
Executive Director of the Parks,
Recreation and Community
Services Agency
CITY OF SANTA ANA
AVID N. REAM
City Manager
CONSULTANT
c .
606 -16 -3218
Employer ID 9 or Individual SS #
EXHIBIT A
SCOPE OF SERVICES
1. Consultant shall conduct Mexican Folk dance classes for children for a six month period
beginning January 1, 2001 and ending June 30, 2001.
Beginning classes will be held at the Jerome Recreation Center on Tuesday and Thursday
from 4:30 p.m. to 5:30 p.m.
Advanced classes will be held at the Jerome Recreation Center on Tuesday and Thursday
from 5:30 p.m. to 6:30 p.m.
No classes will be held January 1- 7, 2001; January 15, 2001;February 19,2001or May
28, 2001.
2. Consultant will provide and be responsible for equipment, records, personnel and clean up of
the facilities and material necessary to insure the effectiveness of said instruction.
3. Class Size Registration
• The minimum number of participants is 10 per class a maximum of 25 students may
participate in each class.
• No registration shall be accepted after the second week of classes in each session.
• In the event the minimum number of enrollees is not realized by the second week of
classes, the class shall be cancelled. Consultant will be under no obligation to provide
services for the remainder of that session, and City will have no obligation to compensate
Consultant for that session.
FEES
1. Class participants shall each pay twenty dollars ($20) per month. No refunds shall be made
to participants, unless a session is cancelled by the Parks, Recreation and Community
Services Agency.
2. City shall collect said fees from each participant in the class during the registration period for
each session. Consultant shall not collect fees but shall refer participants to the Jerome
Recreation Center office for registration. City shall pay Consultant seventy percent (70 %) of
the total fees collected within fifteen (15) working days after completion of a session. City
and Consultant agree that City shall retain thirty percent (30 %) of the total fees collected.
3. Consultant agrees that City, or its representative, shall be entitled to audit Consultant's
records to ensure compliance with this Agreement.
FM AMP-MO-8 13
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives 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 to 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
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
AGOROL CERTIFICATE OF LIABILITY INSURANCI�SR MS OATEIMWDDIYY)
93366 12/12/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Murria & Frick Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
380 Stevens Ave . , First Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Solana Beach CA 92075
Phone:858- 259 -5800 Fax:858- 259 -6069 INSURERS AFFORDING COVERAGE
INSURER A:
INSURER B:
Daniel RamirgQz 393366
Effective 11/10/00 INSURER C:
13901 Fernwood INSURER D:
Garden Grove CA 92843
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1�7RRi TYPE OF INSURANCE
POLICY NUMBER
POLICY /r EFFECTIVE )
PDATEVMMPODM N
LIMITS
GENERAL LIABILITY
of Santa AAPPROVED AS TO
11 /10 /00
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
d.�
20 Civic
EACH OCCURRENCE
$1,000,000
A IX COMMERCIAL GENERAL
3XZ- 126451 -00
11 /10 /00
11/10/01
FIRE
$100,000
_
CLAIMS MADE F. OCCUR
i
MED EXP(My one person)
$ 2,500
PERSONAL S ADV INJURY
$ 1, 006,000
A I X 1 Misc Professional
GENERAL AGGREGATE
$3,000,000
,f
'PRODUCTS - COMP /OP AGO $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO ( LOC
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
—III
SCHEDULED AUTOS
8001LV INJURY
(Per acadent)
$
HIRED AUTOS
A X NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG :. $
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I TORY LIMITS ER
E.L. EACH ACCIDENT �I,
$
E.L. DISEASE - EA EMPLOYEE'
$
E.L. DISEASE-POLICVLIMIT 1
$
OTHER
A SEXUAL ABUSE
100,000
300,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
It is understood and agreed that the following entity is added as an
additional insured but only as respects the operations of the named insured
except that liability resulting from the additional insureds sole negligence
CERTIFICATE HOLDER N ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
ACORD 25 -S (7197)
A
Deputy City Attorney
U// /i rCURL) CORPORATION 1959
CITYSAA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
The City
Effective
of Santa AAPPROVED AS TO
11 /10 /00
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
d.�
20 Civic
Center Plaa8 (
REPRESENTATIVES.
Santa Ana CA 92701
E. Fric
ACORD 25 -S (7197)
A
Deputy City Attorney
U// /i rCURL) CORPORATION 1959
This Endorsement changes the Commercial Liability Policy. PLEASE read it carefully.
This endorsement, effective on 11/10/2000 at Standard time shown in the Policy Declarations, forms apart of Policy
Number 3XZ126451 -00 issued to Daniel Ramirez 6393366 by Specialty National Insurance.
Endorsement Number 001
This endorsement modifies insurance provided for under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ADDITIONAL INSURED - BLANKET FORM
WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to
you.
Name of Person or Organization
The City of Santa Ana
It's Officers, Employees, Agents, Volunteers and Representatives
20 Civic Plaza
Santa Ana, CA 92701
All certificates of insurance holders you have agreed to include as an insured prior to an `occurrence" or
offense
(8-97)
380 Stevens Avenue, First Floor . Solana Beach . CA 92075 -2068
(858) 259 -5800 . Fax (858) 259 -6069 . License OB72756
Dec 12 00 01:03p Santa ana prose 7T {5714235
EXHIBIT B �<
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company eaf "U/7%. 61/,_411I?'v
1 U
This endorsement modifies such insurance as is afforded by the provisions of Policy
#, G drelating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Catifomia 92701; its
officers, employees, agents, volunteers and representatives 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 to 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
effective.)
Effective D this endorsement form as a part of
Policy 9 ;�- /�w% ,-,�
Issued to . 4 J GlaYI i P/ t( rn i�� Z �.3 & (o
Named Insured
Countersigned by el
(I'Aus o e Repro ntative
APPROVED AS TO FORM
r_ura S heedy Dputy City Attorney
p.2