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HomeMy WebLinkAboutCONGRESSIONAL DISTRICT PROGRAMS f/n/a NATIONAL HERITAGE FOUNDATION for ACADEMY OF INTERNATIONAL DANCE (MUSKULIN, SONIA) 1b (2)AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in*fect Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with ��//`� ( ( O / No. * A `oo D �7t0 P0,2 --CIC) was completed on _ (.1� ! (i� and final payment has been made. A -,n05-114b (1) COf'@ tk p• 20o b -1130 A) Department: R- 200514of EI 6) ` Signature: QUfa. Q P xp-A %iA� was -144 -6 1a) Date: I:z l N - 2009 " !18 @� City of Santa Ana Clerk of the Council Revised 05-22-08 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES I -1 -OSI CLERK OF COUNCIL DATE: (0- ti—D<4 1.w A-2005-146-02 THIRD AMENDMENT TO AGREEMENT' 0: Pawks a RO-C . (2-> c ,iA,4„P s THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this 26th day of March, 2008 by and between the Congressional District Programs, for the Benefit of, the 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. City and Consultant entered into Agreement A-2005-146, (hereinafter "said Agreement") by which Consultant has provided dance instruction for City's leisure class program. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period. 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 Amendment Agreement, the parties agree as follows: Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "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, annually, during the term of this Agreement." 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009. 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 Third Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council Signatures continue on next page CITY OF SANTA ANA W11 1� DAVID N. 'per City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDAll'�L ED FOR APPROVAL: GERARDO MOUET Executive Director —Pa s, Recreation And Community Services Agency `., CONGRESSIONAL DISTRICT PROGRAMS FBO THE ACADEMY OF INTERNATIONAL DANCE: JOHN HOUK, CEO CM Exhibit A SCOPE OF SERVICES ..,0 Consultant shall provide children's ballet dance & hip hop instruction for children ages 4 to 12 years as follows 1) Consultant shall provide profession level ballet and hip hopinstruction. Traditional ballet terminology and technique will be utilized. Sequential instruction will be utilized for optimum instruction. 2) The classes will be held on Saturday at Salgado Center as follows: 4-5 yrs 9:00 AM - 10:00 AM - Pre -Primary 6 yrs 10:00 AM - 11:00 AM - Primary 7-12 yrs 11:00 AM - 12:00 PM - Standard I 7-12 yrs 2:00 PM — 3:00 PM — Hip Hop 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/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Consultants' insurance. Consultant shall provide City with documentation to verify instructor and insurance requirements. CLASS SIZE 1) Each class must have a minimum of 10 paid students and no more than a maximum of 25. 2) No registration will be accepted after the second meeting of class. 3) In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Consultant will be under no obligation to provide services and the City will have no obligations to pay Consultant compensation CLASS FEES 1) Each participant shall pay a $25.00 class registration fee per session. Anticipated revenue from this class is $25,000.00. 2) No refunds will be made to participants after the first week of class unless the class is cancelled by the City. 3) The City shall collect registration fees from each participant during the registration period. Consultant shall not collect fees, but shall refer all interested participants to City for registration. 4) Consultant shall receive seventy per cent (70%) of the total fees collected each month. City and Consultant agree that City shall retain thirty per cent (30%) of the fees collected as an administration fee. Payment by city shall be made within fifteen (15) days after completion of class session. 5) Consultant agrees that City is entitled to audit Consultant's records and classes to insure 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. `.e EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2008-07 ..o 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)660-8135 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Congressional District Program TYPE: Dance Class Fbo Academy of International Dance DATE(S): February 2008 — December 2008 4" Street, Ste 202 LOCATION: Saltado Center and Memorial Park Santa Ana, CA 92701 *Liquor Liability Yes ❑ No Attn: Sonia Miskulin **Liquor Liability 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 contractor 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: 04SEP1000001.4 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2008 EXPIRATION: JANUARY 1, 2009 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate limit $ 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) 51000 Liquor Liability (If purchased) 1,000,000 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insu»mce has been issued for that event. "Who is insured" is amended to include, as an insured, the person or organiation 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 htsurena does not apply to: Any "oceumatce" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy to cancelled before the expiration dare thereof, the issuing company will mail 30 days written notice to the certificate holder and additional insureds listed. AUTHORIZED REPRESENTATIVE: DATE ISSUED: S /05-1