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Home My WebLink AboutNATIONAL HERITAGE FOUNDATION 2AAGREEMENT TERMINATION Please complete this form when the attached agreement is no, onges 'in Ieffect 4 , . L' ' Return form to the Sr. Deputy Clerk of the Council (M 30) gall 647-523$ a�yQt Lave any questions. ----------------------------------------------------------------- The agreement with N6-X`oZD0 &-1'13 Cf Al was completed on and final payment has been made. Department: T&A Signature: SA-Q �-%VACA, /VC& j Date: q h-I I L' City of Santa Ana Revised 8-7-03 Clerk of the Council INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 7 —,w7_c c, ie.771axp"% A-2006-143 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June 19, 2006, by and between National Heritage Foundation fbo Academy of International Dance, a Non-profit Foundation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Consultant Agreement a-2005-146, (hereinafter "said Agreement") by which Consultant has provided dance instruction for participants registered through the City's Parks, Recreation and Community Services Agency. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period and to increase the compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following language: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $22,000.00, annually, during the term of this Agreement." 2. Section 3., TERM, shall be amended to extend the termination date from June 30, 2006 to June 30, 2007. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEA Clerk of. -the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: j Laura Sheedy Assistant City Attorney APPROVED AS TO CONTENT: Executive E Parks, Recra Community and es Agency CITY OF SANTA ANA At DAVID N. PEAM City Manager CONSULTANT JO HOUK CEO EXHIBIT A-2 SCOPE OF SERVICES 1. Consultant will prepare and instruct students in martial arts techniques, with an emphasis on Karate. 2. Consultant will confer with City to set the time and location of the classes, including days and hours of class and holidays to be observed. 3. Consultant will provide and be responsible for equipment, records, personnel and clean up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 4. If Consultant allows others to teach his classes, those teachers must be over 21, have obtained and maintain an instructor rating and be covered by Consultant's insurance. Black -belt rated students may warm up beginning students, however, Consultant must be present at all times. CLASS SIZE — REGISTRATION 1. The minimum number or participants is 20 per class, the maximum is 40. 2. No registration will be accepted after the second week of classes. 3. 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 and the City will have no obligation to pay Consultant compensation. FEES 1. Each participant shall pay a $20.00 per child, $30.00 per adult, class registration fee per monthly session. 2. No refunds will be made to participants after the commencement of a session unless the class is cancelled by the City. 3. City shall collect registration fees from each participant. Consultant shall refer interested students to City for registration. 4. Consultant shall receive seventy percent (70%) of the total fees collected each month. City and Consultant agree that City shall retain thirty percent (30%) of the fees collected as an administration fee. 5. Consultant agrees City is entitled to audit Consultant's records and classes to ensure compliance with this Agreement. 6. Consultant may not waive class participation/registration fees. 7. City shall prepare class rosters and provide a copy to Consultant. Only registered participants may participate in class. EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATE APPLICATIONS FOR NOMINEE EVENTS. SPECIAL EVENT LIABILITY PROGRAM : PUBLIC ENTITY (ADDITIONAL INSURED) City of Santa Ana nt Insurance Services in conjunction with FInsurance 20 Civic Center Plaza, M-28 , nce Services 44,A A, Santa Ana,CA.92701 323 A605— 92799-8323 _ J/ f 7J163 oZf10 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: National Academy of International Dance TYPE: 220 E. 410 Street, Ste 202 -Ballet DATE(S): January I - December 31. 2006 Santa Ana, CA 92701 LOCATION: Salgado/Memorial Comm Canters This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirements, terms or conditions of any cootrut or other document with respect to which :.`Ls certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: 04SEPI000OOI MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2006 EXPIRATION: JANUARY 1, 2007 COMMERCIAL GENERAL LIABILITY General Aggregaro limit OCCURRENCE FORM DEDUCTIBLL: NONE $ 2,000,000 Products & Completed Operations 1,000,0W Personal & Advertising injury 1,000,000 Each Occumcace Limit 1,000,000 Fire Damage (Any One Fite) 50,000 Medical Payments (Any One Person) 5.000 Tne limits of insurance apply aepmuely to each event insured by this polies,as if- separate policy uri"sumnee has been issued for that i,mt. "Who is insured" is amended to include, as m insured, eha person or oraud,Auon shown In this schcduk, but only with respect to liability snshtg out of the ownership, maintenance or use of the premises used by the mined insured (event holder). Ibis utsumtcc does not apply w: Any "occurtence" which lakes place after the event holder ceases w be a truant in that premises. OTTIER ADDITIONAL INSUREDS C_ A�'�I:1-LAT10N. Should the above described policy io Cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the ccrtificase heidu and additional insvreda listed. AUTHORIZED REPRESENTATIVF: DATE ISSUED: r: i::a::,r., — Td WIJZ17:60 90OF E0 -dos SOE60SSbU : 'ON XHd alli: WOW EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2007 -03 A -,�bo 5 - N(p CERTIFICATE OF INSURANCE EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATE APPLICATIONS FOR NOMINEE EVENTS. SPECIAL EVENT LIABILITY PROGRAM PRODUCER: PUBLIC ENTITY (ADDITIONAL INSURED) City of Santa Ana Alliant Insurance Services, Inc. in conjunction with 20 Civic Center Plaza, M-28 Apex Insurance Services Santa Ana, CA 92701 P. O. Box 6450 Newport Beach, CA 92658 (949)660-8163 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: National Heritage Foundation TYPE: Ballet Class Academy of International Dance DATE(S): Jan. 1, 07 - Dec. 31, 07 Sonia Miskulin LOCATION: Saleado Center and Memorial Park 220 E. 4th Street, Suite 202, Santa Ana, CA 92701 "Liquor Liability after tam ❑ This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy Period indicated. Notwithstanding any requirements, terms or conditions of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. , INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: 04SEP 100000I MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2007 EXPIRATION: JANUARY 1, 2008 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit S 2,000,000 Products & Completed Operations I,000,00O Personal & Advertising Injury 1,000,00() Each Occurrence Limit 1,000,000 Fire Damage (Any One Fire) 50,000 Medical Payments (Any One Person) 5,000 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. "Who is insured" is amended to include, as an insured, (he person or organization shown in this schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply to: Any "occurrence' which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS l soI NCELI.A"PION Should the above described policy to cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the Lcrf ficate holder and additional insureds listed. AUTHORIZED REPRESENTATIVE: DATE ISSUED: Generates! by Risk Management Division by: EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2009-07 A - z.00(o - 1-13 CERTIFICATE OF INSURANCE EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATE APPLICATIONS FOR NOMINEE EVENTS. SPECIAL EVENT LIABILITY PROGRAM PRODUCER: PUBLIC ENTITY (ADDITIONAL INSURED) City of Santa Ana Alliant Insurance Services, Inc. in conjunction with 20 Civic Center Plaza Apex Insurance Services Santa Ana, CA 92701 P. O. Box 6450 Newport Beach, CA 92658 (949)660-8135 License No: OC 3686I x NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Sonia Miskulin TYPE: Ballet Academy of International Dance DATE(S): Jan. 12 - Dec. 31 220 E. 4" Street, Ste 202 LOCATION: Salsado Center Santa Ana, CA 92701 *Liquor Liability Yes ❑ No ❑ **Li uor Liabili after 12 am ends before 2 am ❑ This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirements, terms or conditions 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 ail the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. INSURANCE CARRIER Evanston Insurance Company MASTER POLICY NUMBER: 04SEP1000001-5 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2009 EXPIRATION: JANUARY 1, 2010 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit S 2,000,000 Products & Completed Operations 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence Limit 1,000,000 Fire Damage (Any One Fire) 50,000 Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,a00 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. "Who is insured" is amended to include, as an insured, the person or organization shown in this schedule, but only with respect to liability,arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply to: Any 'bocurrence' which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS t CANCELLATION: Should the above described policy to cancelled before the expimdon date thereof, the issuing -company will mail 30 days written notice to the certificate holder and additional insureds listed. AUTHORIZED REPRESENTATIVE: DATE ISSUED: January 12 2009 • CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Parks, Recreation & Community Services Agency MAIL STOP: M-23. CONTACT PERSON: Carla Thompkins EXT.: �i 4�2,22�_ AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): ❑ 1ST COUNCIL APPROVAL DATE: AMOUNT: ❑ OVER $25,000- (A) A-2006-143 ❑ 2ND ❑ 3RD ❑ ® UNDER $25,000* (N) NAME OF CONSULTANT: National Heritage Foundation dba Academy of International Dance TERM OF AGREEMENT: EFFECTIVE DATE: 6/19/06 TERMINATION DATE: 6/30/07 INSURANCE REQUIRED: ❑ NO (Provide City Attorney Office approval) ® YES ❑ AUTO ❑ PROFESSIONAL LIABILITY ® CGL (Commercial General Liability) ❑ WORKERS COMPENSATION (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: ❑ VENDOR ❑ AGENCY (UNDER $25,000*) ❑ CITY ATTORNEY ❑ OTHER COMMENTS: Attached City -provide insurance herewith for Clerk's Office files. FOR CLERK ❑ PROCESS ❑ DO NOT PROCESS ❑ MISSING CONTACT/PROJECT MANAGER INFORMATION ❑ MISSING SIGNATURES ❑ NEEDS COUNCIL APPROVAL ❑ OTHER ADDITIONAL REMARKS: * rharter amenrlmenf effective Deeember 21. 2006 for Citv Manaaer contract