HomeMy WebLinkAboutBARRERA, DEBBIE L.-2010City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all amendments (if any)
are no longer in effect.
Return form to the Clerk of the Council Office (M -30).
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COTC Office Use Only
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The agreement with ),?Ag a
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No. N- 2010 -030 was completed on 7 I 13 and final payment has been made.
(List all amendments. Use space below if needed.)
Department: F/2 C SA
Phone /Ext.: y
Signature:
Date:
Revised 07 -22 -09
Iry 4,r�r��GE ON PILE N- 2010 -030
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CLERK OF GO L RECREATION SERVICES AGREEMENT
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L hF'C- `) THIS AGREEMENT made and entered into this day of 7 ��,��; , 20 by and
between Debbie L. Barrera, an individual (hereinafter "Provider "), and the C�ity�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 desires to retain a recreation service provider having special skill and knowledge in the
field of dance and yoga instruction.
B. Provider represents that Provider is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable
in its field and that any services performed by Provider under this Agreement will be performed
in compliance with such standards as may reasonably be expected.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Provider shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. In consideration for the right to provide the programs set forth in Exhibit A, including
payment of administrative costs to the City
b. Payment by Provider shall be made within fifteen (15) days following completion of
each class.
3. TERM
This Agreement shall commence on the date set forth above and terminate on June 30,
2011, unless terminated earlier in accordance with Section 11, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Parks,
Recreation and Community Services and the City Attorney.
4. INDEPENDENT CONTRACTOR
Provider shall, 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 manner in which Provider performs
the services which are the subject matter of this Agreement; however, the services to be provided
by Provider shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Provider shall pay all salaries 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, Provider shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Provider shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Provider's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less 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. Provider shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto 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
of the Labor Code, Provider, if Provider has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Provider agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. The following requirements apply to the insurance to be provided by Provider pursuant
to this section:
(i) Provider shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement. Certificates
of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(ii) 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 written notice to the City.
d. If Provider fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Provider's right to be paid for its
time and materials expended prior to notification of termination. Provider waives the right to
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receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Provider agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in section 1 of this
Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the
terms of, or effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
7. CONFLICT OF INTEREST
Provider covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
8. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile 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
telefacsimile (714) 647 -6956
With copy to: Executive Director of Parks, Recreation and Community Services
City of Santa Ana
26 Civic Center Plaza (M -75)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 571 -4211
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To Provider: 2216 Main St.
Santa Ana, CA 92706
(714) 442 -0043 Phone
(714) 265 -7322 Fax
info@aadara.net
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.
9. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Provider, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Provider. The parties agree
that any terms or conditions of any purchase order or other instrument that are inconsistent with,
or in addition to, the terms and conditions hereof, shall not bind or obligate Provider nor the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
10. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Provider,
Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void.
11. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Provider shall pay City all compensation due prior to receipt of such
notice of termination.
F1
12. DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Provider affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. JURISDICTION - VENUE
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. 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.
14. LICENSES
Provider shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies.
16. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. I- iUIZAR
Clerk of the Council
APPROVED }AS TO FORM:
jJ.
JOS FL,ETCHER
CA ttorney
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CITY OF SANTA ANA
DAVID N. REAM
City Manager
RECOMMENDED FOR APPROVAL:
Gerardo Mouet
Executive Director of Parks,
Recreation and Community Services
PROVIDER
Name: DebtYOBarrera
Tax ID# 27- 0411619
EXHIBIT A
SCOPE OF SERVICES
1) Provider will teach a variety of classes through their own studio ( Aadara Studio).
BOLLYWOOD DANCE $60 /6Weeks
Ages 15 yrs & Up
Learn the movement, drama, and beauty of Bollywood dance- a fusion of classical and modern
Indian dance with a dash of hip hop & jazz. Join us and learn how to tell a story through dance
while getting a fun workout!
INSTRUCTOR: Aadara Studio Instructors
LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307
DAY TIME
Thu 7:00 PM - 8:00 PM
CREATIVE DRAMATICS FOR KIDS $45.00 /6Weeks
Ages 11 -15 yrs
Join in our creative dramatics class that will encourage creativity, develop body awareness, and
build confidence. Class includes some elements of warm up with basic yoga poses,
Improvisational games, movement exercises, scenes and monologues.
INSTRUCTOR: Aadara Studio Instructor
LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307
Day TIME
Sat 11:15 AM - 11:45 AM
CREATIVE DRAMATICS FOR KIDS $45.00 /6Weeks
Ages 11 -15 yrs
Join in our creative dramatics class that will encourage creativity, develop body awareness, and
build confidence. Class includes some elements of warm up with basic yoga poses,
Improvisational games, movement exercises, scenes and monologues.
INSTRUCTOR: Aadara Studio Instructor
LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307
Day TIME
Sat 11:15 AM - 11:45 AM
EVENING YOGA $60.00 /6Weeks
Ages 18 & Up
Welcome beginners & Level 1 yogis! Class focuses on smart technique, breath & basic
philosophy. Enjoy a mix of Hatha, Ashtanga & Vinyasa flow styles of yoga. Receive a well -
rounded focus on strength and flexibility, with an overarching theme of having fun and letting
your mind let go. Music plays a big role in classes —tunes ranging from jazz, to alt rock, to
wood flutes. Accompanied by aromatherapy and candles this class atmosphere is thoughtful and
meditative.
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INSTRUCTOR: Aadara Studio Instructor
LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307
DAY TIME
Mon 6:00 PM - 7:15 PM
LUNCH TIME YOGA
All Levels Welcome
$60.00 /3Week
Rejuvenate your mind and body with a midday yoga practice! This class will refresh you with
postures that stretch, strengthen and tone the body, instruction on breath work, guided meditation
and relaxation. It's great for beginners but anyone who wants an afternoon pick -me- up are
welcome.
INSTRUCTOR: Aradara Studio Staff
LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307
Day TIME
Tue, Thu 12:00 PM - 1:00 PM
DEEKSHA
Ages 13 yrs - Adults
FREE
A relaxing meditation -like experience that helps you reduce /eliminate the constant over thinking,
chatter in the mind and re -play of events and planning that seems to be unstoppable! Deeksha
initiates a neurobiological change /shift in the brain which helps to balance energy from
overactive thinking center of the brain (parietal lobes), to the under active (frontal lobe) of the
brain. Class begins April 5.
INSTRUCTOR: Aadara Studio Staff
LOCATION: Aadara Studio, 2216 N. Main St., Santa Ana (714) 647 -5307
DAY TIME
Mon 7:30 PM - 8:30 PM
2) Provider 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.
3) If Provider allows others to teach his /her class, those teachers must be over 21, have obtained
and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide
City with documentation to verify instructor and insurance requirements.
CLASS SIZE
1) Each class must have a minimum of 1 paid student and no more than a maximum of 15.
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. Provider will be under no obligation to provide services and the
City will have no obligations to pay Provider compensation
CLASS FEES
1) Each participant shall pay depending on what class they registration (see above) for the 6
week session. Anticipated revenue from this class is $6,000.00.
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 on behalf of Provider from each participant during the
registration period. Provider shall refer all interested participants to City for registration.
4) Provider shall pay thirty per cent (30 %) of the fees collected as an administration fee to the
City.
5) Provider agrees that City is entitled to audit Provider's records and classes to insure
compliance with this Agreement.
6) Provider may not waive class participation/registration fees.
7) City shall prepare class rosters on Provider's behalf. Only registered participants may
participate in class.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded 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 liability and defense of suits arising from the operations
and uses performed by or on behalf 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
would have as a claimant if not so included.
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 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including 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
10
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CERTIFICATE OF INSURANCE
n. „,... This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington,, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloom'ngton, lihnois
,,,,... «L ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontaric
❑ STATE FARM FLORIDA INSJRANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Da!las, Texas
insures the following policyholder for the coverages indicated below
Policyholder Aadara
Address of policyholder
Location of operations
Description of operations
2215 N MAIN ST, SANTA ANA, Cr? 92 7 C 6
2216 N; MAIN ST, SANTA ANA, CA 927C-6
YOGA ST-M-10
p.2
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subiect :o all the terms, exclusions, and condit'ons of those policies. The limits of liability shown may have been reduced by any paid claims-
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
City of Santa Ana / City Attorney
Iten
Reviewed
Approved:
Date;
55 -994 a 5 Rev 11 -C8 -2004 Printed n L.S.A.
If any of the described policies are canceled before
their expiration date, State Farm will try to mail a
written notice to the certificate holder 30 days before
cancellation. If however, we fail to mail such notice,
no obligation or liability will be imposed on State
Farm or its agents or representatives.
Signature of Authorized Representative
O1- "_5 -1G
T Ile Date
ERIC LENAE AN
Agent Name
Telephone Number 562.553.2488
Agent's Code Stamp
Agent Code 75 -3190
AFO Code F415
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER
TYPE OF INSURANCE
Effective Date Expiration Date
(at beginning of policy period)
Comprehensive
BODILY INJURY AND
92- BR- U 751-0 G
Business Liability C9 -10-C _ 9 -i0 -i0
PROPERTY DAMAGE
----------------------- - - - - --
This insurance includes:
--------------------------------------------------------- - -- -
2g Products - Completed Operations
® Contractual Liability
Each Occurrence $ 1, OvO, Goo
® Personal Injury
® Advertising Injjry
General Aggregate S 2, 0 0, 300
❑
Products - Completed $ 1, 300, 00C
❑
Ouerations Aggregate
EXCESS LILABILITY
POLICY PERIOD
Effective Date ; Expiration Date
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
❑ Umbrella
i Each Occurrence $
❑ Other
Aggregate S
POLICY PERIOD
Part I - Workers Compensation - Statutory
Effective Date Expiration Date
Workers' Compensation
Part !I - Employers Liability
and Employers Liability
Each Accident $
Disease - Each Employee $
Disease - Policy Limit $
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE
Effective Date ; Expiration Date
(at beginning of policy period)
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
City of Santa Ana / City Attorney
Iten
Reviewed
Approved:
Date;
55 -994 a 5 Rev 11 -C8 -2004 Printed n L.S.A.
If any of the described policies are canceled before
their expiration date, State Farm will try to mail a
written notice to the certificate holder 30 days before
cancellation. If however, we fail to mail such notice,
no obligation or liability will be imposed on State
Farm or its agents or representatives.
Signature of Authorized Representative
O1- "_5 -1G
T Ile Date
ERIC LENAE AN
Agent Name
Telephone Number 562.553.2488
Agent's Code Stamp
Agent Code 75 -3190
AFO Code F415
cxxi Policy No.: 92- BR -U757-0
FE -6609
now uw
SECTION II ADDITIONAL INSURED ENDORSEMENT
It /MMI
Policy No.: 92 -BR -U757-0
Named Insured: DEUPREE, JOHN COLTER & BARRERA, DEBBIE
DBA AADARA
Additional Insured (include address):
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as
an insured the Additional Insured shown above, but only to the extent that liability is imposed on that
Additional Insured solely because of your work performed for that Additional Insured shown above.
Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a
suit brought for damages for which you are provided coverage.
The Primary Insurance coverage below applies only when there is an "X" in the box.
® Primary Insurance. The insurance provided to the Additional Insured shown above shall be
primary insurance. Any insurance carried by the Additional Insured shall be noncontributory
with respect to coverage provided to you.
All other policy provisions apply.
City of Santa Ana / City Attorney
Item !zL
Reviewed:
Approved:_
Date.- i
FE -6609 Printed in U.SA.