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HomeMy WebLinkAboutBALLET FOLKLORICO RENACIMIENTO (FRANK ALANIZ) 1 - 2006AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions. The agreement with 4jWQ r� ®� { 1 I'no,6,Ya" , No. iV A666 -06.3 was completed on ` 4&OQ t p — ( and final payment has been made. Amemmgp }S Department: Ry-sPr - 2006'063 -QI Signature: e QA1ka -CAJeA �Aeo Date: ` N- 20Ub-o63 -oi " 11 ,3t61 �`f �j- 200y'ob3 -o3 City of Santa Ana Revised 8 -7 -03 Clerk of the Council ,INRURANCE NOT ON FILE WURK MAY r:m PROCEED CLERK OF COUNCIL DATE: 7-;15-0(" 0'. PM' (z), (".......n;) N-2006-063 LEISURE CLASS AGREEMENT THIS AGREEMENT made and entered into this 1cd day of April 2006 by and between Frank Alaniz. an individual doing husiness as Ballet Folklorico Renacimiento (hereinafter "Instuctor"). 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 desircs to retain an instructor having special skill and knowlcdge in the fIeld of dance instruction, to teach Ballet Folklorico classes in the City's lcisme class program. B. Instructor represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agrccmcnt, Instructor represents that he is knowledgeable in his ficld and that any services performed by Instructor under this Agreement "ill be performed in compliance with such standards as may reasonably be expected from a prolessional in the field. NOW THEREFORE, in consideration of the mutual and rcspcetive promises. and suhject to the terms and conditions hereinafter set forth, thc parties agree as follows: 1. SCOPE OF SERVICES Instructor shall teach dance classes as set forth in Exhibit A to this Agreement. 2, COMPENSATION a. City agrees to pay, and Instructor agrees to accept as total payment for his serviccs, the rates and charges identiIied in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agrccmcnt. b. City shall collcct class fees from each participant during the registration period. Instructor shall rcfer all interested participants to City lor registration. City shall remit seventy percent (70%) of the total fees collected within fifteen working days after completion of the class sessIon. 3. TERM 1"'~~ThiS Agreement shall commence on the dale Iirst written above and terminate on June 30, .;006, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recrealiou and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Instructor sh81L 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 Instructor performs the serviecs which me the suhject matter of this Agreement; however, the services to be provided by Instructor shall be provided in a manner consistent with all applicable standards and regulatioos governing such services. Instructor shall pay all salmies 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, Instructor shall maintain and shall require its subcontractors. if any. to obtain and maintain insurance as described helm,v: a. Commercial General Liability Insurancc. Instructor shall maintain commercial general liability insurance naming the City. its officers, cmployees, agents. volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from hodily and personal inj ury, including death resulting therefrom and damage to property, resulting hum any act or occurrence arising out of Instructor's operations in the perl(mnance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not Icss 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. Instructor shall supply City with a fully cxccuted additional insured endorsement in substantially the form attached hcrcto 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 ofthc Labor Code, Instructor, if Instructor has any employees, is required to bc insurcd against liahility for \vorker's cumpensation or to undertake self-insurance. Prior to commencing the performance or the work under this Agreement, Instructor agrees to ohtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following rcquirements apply to thc insurance to be provided by Instructor pursuant to this section: (i) Instructor shall maintain all insurancc required above in full lorce and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall bc furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorncy. (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 writtcn notice to the City. 2 d. If Instructor fails or refuses to produce or maintain the insurance required by this section or fails or retllses to furnish the City with required proof that insurance has been procured and is in force and paiulor, the City shall have the right, at the City's election, to forthwith terminate this Agreement Such termination shall not effect Instructor's right to be paid for its time and materials expended prior to notification of termination. Instructor waives the right to receive compensation and agrees to indemnify the City for any work per!tlfmeu prior to approval of insurance by the City. 6, INOFMNIFICATION Instructor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special cOllnsel, and representatives from liability fur persunal injury, damages, just compensation, restitution, judicial or equilabk relief arising out of claims for personal injury, including health, anu claims lor property damage, which may arise from the direct or indirect operatiuns of the Instructor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which rclates to the services descrihed in section 1 of this Agreement The Instructor fnrthcr agrees to inuemnify, hold harmless, anu pay all costs for the defense of the City, including fees and costs tor special coonsel to be selected by the City, regarding any action hy a thiru party asserting that personal injury, damages,just compensation, restitution, juuicial or equitable relief due to personal or property rights ariscs by reason of the li:rrns of, or effects arising from this Agreement. City may make nil reasonahle decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Instructor receives from thc City information which duc to the nature of such information is reasonably understood to be confidential and/or proprietary, lnstructor agn.:es that it shall not use or disclose slIch 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, hut in no event less than [l:asonable carc. '''Confidentiallnformation'' shall include all nonpublic inltlfmation, Confidential information includes not only wTittcn information, hut also inlorrnationtransfened orally. visually, electronically, or by other means. Conliuenlial information disclosed to either party by any subsidiary andlor agent of the other party is covered by this Agreement. 8, CONFLICT OF INTEREST CLAUSE Instructor covenants that it presently has no interests and shall not have interests, uirect or indirect. \vhich would contlict in any manner with performance of services specifled under this Agreement. 9, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall he deemed to be properly given if delivered in person or 3 mailed by lirst class or certified mail, postage prepaid, or sent by tclcfacsimile 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 telcfacsimile (714) 647-6956 With courtesy 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 telefaesimile (714) 571-4235 To Instructor: Ballet Folklorico Renacimiento A ttn: Frank Alaniz 2234 S. Towner Street Santa Ana, Calfornia 92707 A party may changc its address by giving notice in writing to the other party. l'hereafter, communication shall be addre"ed and transmitted to the new address. If sent by mail, communication shall be cfTective or deemed to have been given three (3) days after it has bcen deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefaesimile, communication shall be effective or deemed to have been given twcnty-four (24) hours after the timc set forth un the transmission report issucd by the transmitting facsimile machine, addressed as set f0l1h 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 Instructor, and supersedes any and all other agreements, oral or \-vrittco, between the parties. Tn the event of a cuniliet between the tenns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agrcemcnt may not he modified except by written instrument signed by the City and by an authorized representative orInstruclur. The parties agree that any terms or conditions of any purchase on.lr.:f or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof~ shall not bind or obligate Instmctor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promist:s or agreements. orally or otherwise, have been made by any party, or anyone acting un behalf of any party, which arc not embodicd hcrcin. 4 II. ASSIGNMENT lnasmuch as this Agreement is intended to secure the specialized services of Instructor, Instructor may not assign, transfer, delegate, or subcontract any interest herein without thl;: prior \vritten consent of the City and any sllch assignment, transfer, dekgatiun or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall bc construed to limit the City's ability to have any of the services which are the subject to this Agreement perJormed by City personnel or by other consultants retained by City. 12. TERMINATION This Agrccment may be terminated by the City upon ten (10) days written notice of termination. In such event, Instructor shall be entitled to receive and the City shall pay Instructor compensation lor all services performed by Instructor prior to receipt of such notice of tcrmination. 13. DISCRIMINATION Instructor shall not discriminate bel:ause of race. color, creed, religion, sex, marital status, sexual orientation, age. national origin, ancestry, or disability, as defined and prohibitcd by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Instructor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws ami regulations. 14. ,JURISDICTION - VENUE This Agrccment has been cxccutcd and delivered in the State ofCalilornia ami the validity, intcrprctation, performance, and enforcemcnt 01' any of the clauses of this Agreement shall be determined and governcd 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 Instructor shall, lhroughout the term of this Agreement, maintain all necessary licenses, permits and approvals necessary for the provision of the services hereunder and required by thc laws and regulations of the United States, the Statc of California, the City of Santa Ana and all other governmental agencies. Instructor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses or approvals. Said inability shall be cause for termination ,,['this Agrecment. 16. MISCI-:LLANEOUS PROVISIONS a. All Exhibits rcfcrenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date anu year first above \.\-Tittcn. ATTEST: CITY OF SANTA ANA (~2 PATRICIA E. REA. Clerk of the Council {CL/J;a LJA VID N. REAM ~ City Manager APPROVED AS TO FORM: JOSEPH W. FI.ETCHER City Attorney By: "\,"'( I i \./ Laura Sheedy Assistant City Attorney I RECOMMENDED .'OR APPROVAL: INSTRUCTOR /u~ftI4 GERARDO MqUET Executive Director of Parks, Recreation and Community Services ~N~D Owner Tax 10# 55 t7>t);:J- -0.5/6 6 EXHIBIT A SCOPE OF SERVICES Instructor shall Ballet Folklorico Rcnacimiento, as follows: . The class will focus on the techniques and steps of the traditional dances of Mexico. . The classcs will bc held ot the Jerome Recreation Center at a date and time to be agreed between Instructor and City. Instruclor may, with the approval of City, adjust the schedule. . Fach class shall have a minimum of 4 and a maximum of 30, registered and paid participants. . If the minimum registratiun has not been reached by the second class, the class may be cancelled by mutual agreement ofInstructor and City, with no compensation owed Instructor for any cancelled class session. FEES . Each class participant shall pay a fee 01'$20.00 per month session. . No refunds will be made 10 participants atier the first class unless the class is cancclled by the Parks, Recreation and Community Services Agency. . City shall collect registration fees IfOln each participant. . Instructor shall receive seventy percenl (70%) of total fees collected for thc classcs within fitieen (] 5) working days alter completion of each class scssion. City shall retain thirty perccnt (30%) of the fees collected. . Instructor agrees that City shall be entitled to audit Instmetor's records and classes to ensure compliance with this Agreement and that all participants are registered. 7 EXHIBIT 0 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY lnsurance Company This endorsement modifies such insurance as is affurded by the provisions of Policy # _ relating to the following: 1. 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 Iiahility and defense of suits arising from the operations and uses performed by or on hehalf 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 \vould have as a claimant if not so im:ludeu. 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 Civie Center Plaza, Sanla Ana, California 9270 I, (Completion of the following, induding 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 8 Mitre-Ramirez, Norma From: Sent: To: Co: Subject: Sheedy, Laura Monday, July 17, 20069:14 AM Thompkins, Carla; Mitre-Ramirez, Norma Calvert, Peggy Lee RE: Ballet Folklorico Renacimiento Agreement Norma If this was intended to be through 6-30-07, please cross out the 2006 and write in 2007 in the "Term" clause. It makes no sense for everyone to touch it again to fix a typo. Thank you Laura From: Thompkins, Carla Sent: Monday, July 17, 20069:12 AM To: Mitre~Ramirezf Norma Cc: Sheedy, Laura; Calvert, Peggy Lee SUbject: FW: Ballet Folklorico Renacimiento Agreement Please note the corrected term below. I think Laura will have to revise the agreement and re-send to you. Thanks. Carla Mack- Thompkins Management Aide City of Santa Ana Parks, Recreation & Community Services Agency (714) 571-4222; Fax (714) 571-4209 cthomDkins@!ci.santa-ana.ca.us <mail to: cthomDkins@!cLsanta-ana ca. us> -----O"ginal Message----- From: Calvert, Peggy Lee Sent: Monday, July 17, 20068:47 AM To: Thompkins, Carla Subject: RE: Ballet Folklorico Renacimiento Agreement Should be April 2006-June 2007 Peggy L Calvert Program Coordinalor. Cultural Arts City of Sanla Ana Parks, Recreation & Community Services M-23 888W. Santa Ana Blvd. Santa Ana, CA 92702 714) 571-4262, office 714) 571-4235 fax 714) 720-2614 cell pcalvert@ci.santa-ana.ca.us <mailto: Dcalvert@ci.santa-ana.ca.us> -----Original Message----- 1 From: Thompkins, Carla Sent: Thursday, July 13, 2006 10:10 AM To: Roys, Joyce: Calvert, Peggy Lee Subject: FW: Ballet Folklorico Renacimiento Agreement Is there a reason why this term is so short? I checked the agreement checklist that was submitted and that's what it shows. Was this a typo possibly? Carla Mack-Thompkins Management Aide City of Santa Ana Parks, Recreation & Community Services Agency (714) 571-4222; Fax (714) 571-4209 cthom ok;ns@)ci . santa - ana. c a. us < mail to: cthomokins@)ci.santa-ana.ca.us> nn-Original Messagemn From: Mitre-Ramirez, Norma Sent: Wednesday, July 12, 2006 2:02 PM To: Thompkins, carla Subject: Ballet Folkiorico Renacimiento Agreement Helloearla, Just wondering (confirming) that the term indicated on the agreement is correct. April 3, 2006 to June 30. 2006 Thank you, Norma Mitre~R. 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (P.NIOOIYYYY) 'M. 11ml2OOT _: lllOCl_75 F.: (a>>1519a22 THIS CElUlFlCATE IS I8llUEO AS A MA'f'fY Of INF~MAT1ON FITNESS AND WELLHESS 310 S~ AVENUE, SUlno 20G QNl Y AND CONFERS NO RlGIfTS UPON THE CIIlTW'ICATE SOLANA BEACH CA t2075 ~ilt. THIS cPTFlCATE DOEs ."!!T AMElIO. EXT~ OR N- &OD~ -GCoo -0 \ INSURERS AfFORDING COViRAGE NAJCIII ~UcJI:lI377" INSURED INSURER A: Inaunnce FRANK ALANIZ INSURER B: ZZ341C1Ul'M TOWNER ST INSUl'IER c: &ANTA ANA CA 827D7 INSURIiR D: S OF u.11!D ~LOW HAVE BEEN ISSUlO TO THI! _~_NNolEp NKNE '..... r.IOICAlHl. AN'( REOU_. Tli- OR CONDITION OF ANY CONTRACT OIl OTHER DOCUMENT wrnt AaPECT TOWHICH 1llIS CERTFlCATE MAY lIE IIl6UEP OR WOY PERTAIN, Till IN$UN.HCE I\FF(lRl)IiP IV TIE PQuCIfiS IlE&CRIllED ~I<li'" IS !luB.)l;CT TO AU. T~ aRMS. uCUISlOtIS AHO COND/TIJNS or SUCH POUCES. AGOREO-'TUIMII" SHOWN WOV HAVE ~ AeOVClO BY PAD ClAIIl5. "r: = 'lYH! Of INIlJlWICe ~y~ ~y~ "':..;~ UIIII'lI ~LlMLrrY PHPK21531 I 1at11t'07 1ot1W01 T t X COMll€RCW ~!AAt.l.WII.lT =:=''''':'=_1 $ 100,000 = :=J CI.Mot$ WAO!{!] OCCUR MED. EJCP 1ftIrI-"-'> $ 2,SOO A PER5OIW.. NN lNJ\}I\Y $ t ,000.. - - GliNEAAL 1IOORf000TE $ 3,100 110O GEN1. AGGReG&'~ LMIT n,Pl' : PROOUCTs.<:OMPIOI' AGO. $ 3,000.. Xl POUCY-n ~ LOC !!!!0fII0II/I41i LIIl&LITV ~SINCa L"" , - AHYAUTO ltl-.) ALL OWNED ALlTOlI .coLv lNJlIRY - IPtr~ , r-- &CI<ill/Jl~D AUTOS HIRED AUTO$ 8ODl.Y ~v f---- $ HlJH.(lWNt;O AUTOS IPwr~1 I-- I-- PROPeA'N' .,...,."GE , ClMME IJAKJTY .- ~. , R ANY AUTO ()TH(fI THAN ".. AN". , IlUlO OM.Y: AM I. plU/U~UQLrrY EACH 0CCuIlf\ENCE $ OCCtJlll D CLAUS MMlt: AOGREGATE , , ~ DEOUCTIBI.E . RI;WITION$ . WCIIIUtlt Co.eJIIATiOII AND l=r~.1 l~r_ IMIILOY85' UUIJTY 1i.J.. fAOI IoCCIlEHT . .-r ....,.,..,.AlIIrI...cunn {)If'IC.",",,-.~r H. DIIleA8E-EA ~OYEE , .....~..., El. ~.p()l.1CY LIIIT , ...c:w. roMW_.... OTHER: DESCRIPTION QIl OPERATI()NlJILOCATlOHSNEtlCLSIilEXCLUSIONII ADOED rlY SI)OIlSIiIlENT7IPeCw.. PR~ . is I6ndl..lItoocI ..... ....... thIlI.... folIawIng entity is Mded _ ... Mdlllollal ........ bUt ontr _ r-.f**-tIIe ~. of the I'l8InICI lMunMl eacepc "* IIPIIily IWSUItIIIg from the ~ In.ureclS sole ~. AddItIonIII......-.cl (~ is err.c:tM:tottMl1 "EM:wJt 10 daVS for NOA-Paymem of Pnmium. SeI! ATTACHEO ADOmONAL INSUREO ENDORSEMEHT ICG 20 101115 CfftTW'lCAn HOLDeR CMCfLl.Al1ON SHOUlD Nt( 0' TIE A8O\IE OQCJalltD POUCIfiI . CAHCE\.l1ED IIUOR! THE IiXPWlATION Dot.Ti THEREOF. ~ I$$llIlG IHIIUfmt wu. ....... "JO Dot.YS WRITTEN ~TICE TO 1MC CEATFlCATE HOUlER _0 TO THE LEFT. City or s.nta ANI ....... R.crHtIon .. Community a.rvtces Agency ,." ... W. Santa Ana Blvd., Suite 200 s.nu An.. CA '2702 Abntlon: Donna 8dIuIt& CFu f11"'571~35) ACORD 2S (2001/01) CertIIcaIe' 86101 _OK f.HT,o\. -~~~ /' .?te~E. Frk:k, eEO o ACOftDCOAPORATlON 1'" >~ l [ (' (:.1./ I / 2... CG 20 10 11 85 DAlE: NOV 27 07 POLICY NUMBER: PHPK215316 INSURED NAME: FRANK ALANIZ 2234 SOUTH TOWNER ST SANTA ANA CA 92707 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the following: COMMERCIAl GENERAl LlABII.ITY COVERAGE PART SCHEDULE Name of Person or Olganlzation: City of S.n'- An.. MIl ofl\c;.r.. III".. employ..., rep,...ntdv.., and volunte.rs 20 Civic Can.' 'Iaz. S.nta An., CA 82701 JOb/Project: (II no eiWy ~.. BIlove. information reqWtid lo complete this endorsement wi! be Bhown in the Declarclliom .. applicable to lhi, endorsement.) WHO IS AN INSURED (section 11) is amendect to i1cIude as ., Insured the peraon or org.mdlon Iho'M1 in the Sched\M. but only With ,.,pect 10 NIlIbiIIty arillng out of "you- wor1I." fOf thet insLRCl by Of for you. Primary Inturance It is agl'1Htd that tueh il'l6~ 8$ 1$ afforded by this policy for !he benefl of tne addillonel insured shown II'laII be primary lnNance. W1d i1Irf other In5Inf1C8 malntIIned by !he .Jditionll Insll8d(') allll be excus and non-conlrlHlory, but orty tIS I&speclll rtf cIeIm, baa Of lability ar1s~ out of the opel'llllons of the nemed insured(.) or itB ,ubcoNOClors. and only if tueh cIaim,Io.. or l18bily is de18rmined to De solely the negligence or I&spCH1tiblllty of the named Insured. Notice of Cancelltion or Non-renewallls agreed Itl8t the company vWII plO\llde !he lIddilionellnsured ehowl'l below with 30 days notice of cancelation of lhia poley In It1e even! of csn;el1alion due 10 company election orty. WANER OF SUl"'OGATION It is agMd Ihat we waNt any rtght 01 ~very we may have egaII'l6t.. peltOn or organiDltion shown in \he sched.... beetUSe of payment we lT1iIke for ir+iIY Of damage wising out of "yDlSwort" done oodBr a conIteCt will II1at peraon or organWltlon. The waiver apples only to It'e person or o~n shown in hlschedule.