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HomeMy WebLinkAboutBRADEN, VIC-2008City of Santa P -i Clerk of the Coun...l AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. ACF 4121. Pm3:02 Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with VI C_ B No. — aD O? —Oyip was completed on y 1 I and final payment has been made. qeivd c", &T �",O( Revised 12-07-07 Department: Phone/Ext.: Signature:�� Date: INSURANCE NOT REQUIRED - N-2008-046 WORK MAY PROCEED CLERK OF COUNCIL DATE- 5-1-09' TO THE DEVELOPMENT OF THE JUNIOR AGREEMENT RELATING �av ks fz-ee • (?' AMBASSADOR TENNIS PROGRAM C�� � l-m i This agreement is made and entered into this /? day of April 2008, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and Vic Braden, hereinafter referred to as "Mr. Braden" with a place of business located in Cota de Caza, California_ Recitals: A. The Southern California Tennis Association ("SCTA") has announced a goal of getting a greater participation in tennis from the Hispanic community. As a result, the Board of Directors of the SCTA have voted to give the Junior Ambassador Tennis Program a trial tun in Santa Ana. B. The City has received a donation from the Henry T. Nicholas Foundation for various Parks and Recreation efforts, including the development of a Pilot Program to increase youth participation in the sport of tennis. C. The portion earmarked for the development of tennis program in Santa Ana is $25,000.00. D. Mr. Vic Braden, a former pro tennis player and distinguished psychologist has agreed to provide his services in developing the Junior Ambassador Tennis program in the City of Santa Ana. E. Mr. Vic Braden has an impressive background in the tennis world, having founded or co-founded seven tennis programs and colleges throughout the United States. Mr. Braden has authored books such as Teaching Children Tennis, Tennis for the Future, and Tennis: The Vic Braden Way. NOW, THEREFORE,'I'HE PARTIES MUTUALLY AGREE AS FOLLOWS: I. MR. BRADEN'S RESPONSIBILITIES A. Upon approval of this agreement, Mr. Braden will agree to provide his professional services in helping to develop the Junior Ambassador Tennis program in the City of Santa Ana. B. Mr. Braden will teach young coaches in the Santa Ana Unified School District to train other children in the sport of tennis. The eventual goal is to expand this program of youth training youth so that there will be an increase in tennis participation in Santa Ana, especially among Hispanic youth. Page 1 of 4 C. Mr. Braden will coordinate a conference to be held in Santa Ana for a minimum of three nights with mentors in physics, science, math and language. Interested teachers in elementary, junior high and high schools throughout Southern California will be invited to attend the conference. Each session will be videotaped and made available to Southern California Schools. D. Some of the mentors that Mr. Braden will invite to participate in the conference are Physicist, Dr. Howard Brody, a famous tennis researcher at the University of Pennsylvania; Dr. Michael Bergeron, a physiologist in Atlanta, Georgia; Andy Fitzell, an expert in biomechanical analysis of 3-D figures with the APAS system and Dartfish software; and Dr. Daniel Amen, brain imager, who will be present on the role of the human brain. Mr. Fitzell will also be training junior coaches in the use of the APAS and Dartfish systems. E. The monies that are part of this agreement will be used to pay for the speaking and per diem fees for the conference mentors. F. To the extent that the conference expenses exceed the contract amount, Mr. Braden will utilize other sources to make up the balance. II. CITY RESPONSIBILITIES A. In consideration for the services, as outlined above, the City agrees to compensate Mr. Braden in an amount not to exceed $25,000.00. Upon execution of this agreement, a check in the amount of $25,000.00 will be issued to Mr. Braden. Ill. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. IV. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: Page 2 of 4 If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to Braden: Vic Braden 23582 Via Paloma Coto de Caza, CA 92679 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. V. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed 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. VI. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to the development of the Junior Ambassador Tennis Program. Page 3 of 4 VII. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. The "City" (.0 _ ®� . . B y, (L�'� City of Santa Ana Vic Bra4pn� n A�Charter City Title: JAja By: David N. Ream City Manager Attest: By: i)V/ Patricia E. H a y Clerk of the Council Approved as to Form: By: 6je andoval error Assistant City Attorney Page 4 of 4 :erm W-9 Rev. January 2003) )eparur.m a the Treasury Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. ntemal Revenue Service I Name NNe TN .4Z)� A o /GTOQ o- o Business e, namt Ifferent from abov^V �L /.}���Al D2T$ ,V ,Q/V ( (f nC C o �/( Individual/ ❑ ❑ Other box: ICI Sole ❑ corporation partnership--------- Exempt from backup ❑ withholding o � check appropriate proprietor Requester's suite no.) name and address (optional) Address (number, sVeet,ayyd apt. or c City, sla e, and ZIP code za- d List account number(s) here (Optional) u N • Tax a er Identification Number (FIN) Enter your TIN in the appropriate box. For individuals, this is your social security number ( ...:e.a. ar dKranamed entity. see the Part I insWtrUct ctions on Social fur a rea,aa.n a ----r..----• -- — - -•, page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, or see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number Eml i"Yw Idi t cat to enter. _ t number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out hem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here I U.S. Person Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the. requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Date ► Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S, resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat. No. 10231X Form W-9 (Rev. 1-2003)