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HomeMy WebLinkAboutALDAZ, GIL 4B-2007INBUAANCE ON FILE 4V0AKMAY PROCEED UNTIL INSURANCE EXPIRES /~-3/'t7 7 CLERKOFCOUNCIL DATE: 6-~.5-67 o. pRCSC2)cc.~I»vl:~~~~ SECOND AMENDMENT TO CONSULTANT AGREEMENT N-2006-034-02 THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on April 19'h, 2007, between GIL ALDAZ, an individual (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 parties entered into a Consultant Agreement N-2006-034 dated February 7, 2006, hereinafter referred to as "said Agreement" by which Consultant provides gymnastics instruction. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended by replacing Exhibit A with Exhibit A-1, attached hereto and incorporated by this reference. 2. Section 2.a., COMPENSATION, shall be amended to add $3,000.00 to pay for services through June 30, 2007, for a total not to exceed amount of $13,000 for the term from February 6, 2006 through June 30, 2007. The section shall be amended to read, in full, as follows: "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 $15,000.00 per fiscal year, during the term of this Agreement." 3. Section 3, TERM, shall be amended to extend the termination date from June 30, 2007 to June 30, 2008. 4. 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 Second Amendment to Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: PATRICIAE. HEAL Clerk of the Council {]fl;e DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER c~~ By: ~ Lau eedy Assistant City Atto ey APPROVED AS TO CONTENT: CONSULTANT ~ GERARDO MOUE Executive Director Parks, Recreation and Community Services Agency ~~ if ~f!J ~ IL ALDAZ EXHIBIT A-I SCOPE OF SERVICES I. Consultant will prepare and instruct students in gymnastics movements and techniques, including tumbling, body movement, floor exercises and flexibility training. Each class will include a warm up/stretching component and a cool down component. 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 ofthe facilities and materials necessary to ensure the safety and effectiveness of said instruction. CLASS SIZE - REGISTRATION I. The minimum number or participants is 5 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 I. Each participant shall pay a $20.00 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.: 2007-14 CERTIFICATE OF INSURANCE EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATF. APPLICATIONS FOR NOMINEE EVENTS. SPECIAL EVENT LIABILITY PROGRAM /V-zv~~-~~~- /l/- 02006 - 03~/-0/ ~~ 020010 - G3~Y-a.2, 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. 0. Box 6450 Newport Beach, CA 92658 (949)660-8163 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Gil Aldaz 'T'YPE: Gymnastics 1621 N. Linnwood DA'TE(S): 03/01/07 - 12/31/07 Santa Ana, CA 92701 LOCATION: Jerome Center **LiquorLiabiliri'after2am ^ 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. 04SEP1000001 MASTER POLICY DATES: EFFECTIVE. JANUARY i, 2007 EXPIRATION: JANUARY !, 2008 COMMERCIAL GENERAL LIABILITY UC'CURRENCE FORM DF,DUC"CI~LE. NONE Genera! Aggregate Limit $ 2,OOg000 Products & Completed Operations 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence Limit I,OW OUO Fire Damage (Any One Fire) 50,000 Medical Payments (Any One Person 1 5,0!10 The limits of insurance apply separately [o each event insured by this policy as if a separate pnhcv of insurance has been ¢sued for that event. "Who is insured" is amended to include, as an insured, the perswt or organirelion shown in [his schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises used by the named insured (event holdeq Thts insurance does no[ apply to: Any "occurrence" which takes place after the event holder ceases to be a tenon[ in that premises. E OTHER ADDITIONAL INSUREDS CANCELLATION: Should [he above described policy to cancelled before the ezprration date Hereof, the issuing company will mail 3U days written notice [o the certificate holder and additional insureds listed. G AUTHORIZED REPRESENTATIVE ,: x :::> ,~ i..~ ~~O ~ a ~G . ,., rs[a at ~.t,v ',.'. !~ DATE ISSUED: March 1 2007 ~~~ >/ Generated by Risk ManagementDivtsioniry: a~s~%/_ (/~