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Home My WebLink AboutJUNIOR TENNIS AMBASSADORS, INC.-2010City of Santa .r -a AM I Clerk of the Cuu. A ti AGREEMENT TERMINATION IML OCT 4"21 P42. 2 Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. NOTE: PLEASE INCLUDE ALL AMENDMENTS IF ANY. THANK The agreement with 5 MicN' Tphr z, No. N—QO\0-0-7=� was completed on Z131 &)12 and final payment has been made. Revised 12-07-07 Department: INC-,�A Phone/Ext.: Signature: Date: N INSURANCE N �ON BILE A-2010-033 WORK MAY No PROCEED -� CLERK O MAR 0 OTION SEAMBASSADORAGREEP EOG�FOR JUNIOR TENNIS �- nATE.. This agreement is made and entered into this I" day of March 2010, 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 Junior Tennis Ambassadors, Inc, a California non-profit corporation ("Provider"). Recitals: A. The Southern California Tennis Association (SCTA) has announced a goal of getting a greater participation in tennis from the Hispanic Communities. B. The City has received a $50,000 donation from the Henry T. Nicholas . v Foundation for various Parks and Recreation efforts to increase youth pl participation in the sport of tennis (the "Nicholas Grant"). C. 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. D. 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. E. The City seeks to contract with Mr. Braden through the Provider to implement the Nicholas Grant. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. PROVIDER'S RESPONSIBILITIES A. Upon approval of this agreement, Provider will agree to provide professional services in helping to develop the Junior Ambassador Tennis program in the City of Santa Ana. B. Provider will teach young coaches in the Santa Ana School District to train other children tennis. The eventual goal 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. C. Provider 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 Page 1 of 5 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 Provider 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; 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 speaking and per diem fees for the conference mentors, and computers related to instructional programs for young students.. F. To the extent that the conference expenses exceed the contract amount, Provider will utilize other sources to make up the balance. 2. CITY RESPONSIBILITIES In consideration for the services, as outlined above, the City agrees to compensate Provider in an amount not to exceed $50,000.00, payable solely from the Nicholas Grant. Upon execution of this agreement, a check in the amount of $50,000.00 will be issued to Provider. 3. 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. 4. 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 Page 2 of 5 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: (1) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) 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 receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 5. 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: To CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Page 3 of 5 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney To Provider: C/O 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. 6. 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. 7. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to the development of the Junior Ambassador Tennis Program. 8. 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. Page 4 of 5 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. City of Santa Ana By: ✓ ✓ David N. Ream City Manager Attest: q, �� I L Maria . Huizar Clerk of the Council approved a� to Form: JosepVo .Fletcher -Cit}%�ney Junior Tennis Ambassadors, Inc, a California nor profit corporation LBy: Vic Braden, President Page 5 of 5 Charitab(eVentures of Orange County Print Form Distribution of Funds Form Please fill out the information below so that we may process requested funding appropriately. Prior to submittal, note: 1) One check request per form (multiple line items permitted). 2) One recipient per form. 3) Include any supporting invoices or receipts. 3) 2101 E. 4th Street, Suite 180B, Santa Ana, CA 92705 (mail) / 714.647.0901 (fax) / info@charitableventuresoc.org (email) 4) Notification will be sent to Program Manager once DoF Form is received. Program Jr. Ambassador Tennis Program -Henry T. Nicholas, III Foundation Date 3/1/10 Amount Requested 50,000 Category (see Distribution of Funds Categories document) Commissions & Fees FUND RECIPIENT INFORMATION Vendor Junior Tennis Ambassadors, Inc. Payable To Junior Tennis Ambassadors, Inc. Street Address 23582 Via Paloma City, State, Zip Coto de Caza, CA 92679 Phone Email AUTHORIZATION Fax Amount $50,000.00 ,r Mail Check to Recipient rX Mail Check to Program Manager Anne Olin, President Date Charitable Ventures of Orange County /d rector Gerar"Ana- Date City oParks ----------------- CVOC OFFICE USE ONLY Date Request Received Date Check Sent