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HomeMy WebLinkAboutORTEGA, MANUEL 1 - 2011INSURANCE NOT ON FfLE N-2011-064 WORK MAY NOT PROCEED CLERK OF COUN 61L?01? DATE: ,lUN - ?•. Lor, ?rc7vvr? C`? ?To 1'x'1 ?rcx?, r? OPERATIONAL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CONTRACTOR/MUSICAL INSTRUCTOR MANUAL ORTEGA THIS OP RATIONAL AGREEMENT is made and entered into this / ? day of 2011, by and between Musical Instructor Manuel Ortega (he nafter "C ntractor"), 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 Santa Ana Police Department and Contractor. Music Instructor Manuel Ortega (hereinafter collectively referred to as "the parties") intend to work together toward the mutual goal of reducing gang violence and gang crime in the target are identified as policing grids 86, 87, 106, 107, 126, and 127 in the Southcoast Policing District. B. This Operational Agreement will be in effect for the life of the grant, specifically from O1/O1/11 to 12/31/12. C. Both parties believe the implementation of the Santa Ana Police Athletic and Activity League (SAPAAL) program as described herein, will further this goal. To this end, each party agrees to participate in the program, if selected for funding, by coordinating/providing the services as identified below. 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 a. Contractor will provide services as set forth below and as set forth in Exhibit A, attached hereto and incorporated by reference. Any services performed by Contractor prior to the date of execution of this Agreement shall be included within the Scope of Services of this Agreement. b. The SAPAAL project will closely coordinate the following services with Contractor for service provisions through: i. The project staff being readily available to Contractor for service provision using: site visits and sharing of information between project staff and Contractor. ii. Regularly scheduled meetings to be held quarterly between Contractor or his designee at 5108 W. 1st Street, unit C, Santa Ana, CA, 714-418-0591 and Director Tom Serafin or his designee of the SAPAAL program at 60 Civic Center Plaza, Santa Ana, CA. 714-245-8050. iii. The meetings will be used to discuss strategies, timetables and implementation of mandated services specifically: staffing levels, hours of operation, and evaluation of the following program: The Guitar Class. c. Roles and responsibilities: i. The roles and responsibilities of the Santa Ana Police Department PAAL will be to provide students and instruments for the music program and allow a portion of the SAPAAL center to be as a music classroom. Only youths enrolled in the SAPAAL Center. ii. The roles and responsibilities of Contractor will be to provide one (1) qualified instructor for the music program working three (3) hours a day, (3) three days a week, for (1 O) months per year for two years. 2. COMPENSATION/'I'RANSFER OF GRANT FUNDS a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. b. The total amount of funds for the life of the grant and the total sum to be expended under this Agreement shall not exceed $7,000.00 during the term of this Agreement. c. Funds will be transferred once a month by City within thirty (30) days following receipt of a proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals that may be reasonably be expected by City. 3. SOURCE DOCUMENTATION Music Teacher, Manuel Ortega will have access to all information needed from the Santa Ana Police Department to meet OES reporting requirements. 4. TERM This Agreement shall commence on January 1, 2011 and terminate on December 31, 2012, unless terminated earlier in accordance with Section 11, below. 2 5. INDEPENDENT CONTRACTOR Contractor 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 professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement containing the following clauses: 1. "The City of Santa Ana, its officers, employees, agents, volunteers and representatives, is added as an additional insured as respects operations of the named insured performed under contract with the City of Santa Ana." 2. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess of and not contribute with, insurance provided by this policy." b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant 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, Consultant 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 Consultant pursuant to this section: (i) Consultant 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. 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. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 death, and claims for property damage, which may arise from the Contractor's acts of negligence or willful misconduct in the performance of this Agreement. S. 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 92702-1 98 8 telefacsimile (714 647-6956 With courtesy copies to: City of Santa Ana Police Department Attention: Officer Tom Serafin 60 Civic Center Plaza P.O. Box 1981 Santa Ana, California 92702 telefacsimile (714) 647-6591 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714-647-6515 4 To Contractor: Manuel Ortega 5108 West 1st Street, Unit C Santa Ana, California 92703 714-418-0591 714-227-5465 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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 Contractor, 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 Contractor. 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 Contractor or 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 Contractor, Contractor 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. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City any written Findings and Determination for any case in which Contractor has served as a hearing officer, and in such case such Findings and Determination shall be the property of City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 12. DISCRIMINATION Contractor 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. Contractor 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. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 6 b. 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. HUIZAR Clerk of the Council ?CIT?Y?OF /SANTA ANA < \i'G?c ?h ( 7 PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B ` Teresa .Judd Assistant City Attorney RECOMMENDED FOR APPROVAL: W V? PAUL M. WALTERS Chief of Police CONTRACTOR -?i%? MANUEL OR A Music Instru or 7 EXHIBIT A SCOPE OF SERVICES 1) Consultant will teach Guitar Classes at the Santa Ana Police Athletic and Activity League Center. The classes will teach music theory, chord structure and performing styles. 2) The classes will be held on Monday, Tuesday and Wednesday from 3:00 p.m. - 6:00 p.m. beginning June 1, 2011 through December 31, 2012. The classes will be offered at the beginner, intermediate and advance levels. 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 requiremen#s. CLASS SIZE 1) Each class must have a minimum of 1 student and a maximum of no more than 8 students. 2) Registration is ongoing and will be accepted after the first 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) There will be no fee charged to participants for the class. 3) The Santa Ana Police Athletic and Activity League shall register each participant for the program. Consultant shall not collect fees, but shall refer all interested participants to the Santa Ana Police Athletic and Activity League for registration. 4) Consultant shall receive $25.00 per hour for services. 5) Consultant agrees that City is entitled to audit Consultant's records and classes to insure compliance with this Agreement. 6) The Santa Ana Police Athletic and Activity League shall prepare class rosters and provide a copy to Consultant. Only Santa Ana Police Athletic and Activity League registered participants may participate in class. 9 (9$16721,1685$1&(&203$1< &(57,),&$7(12 &(57,),&$7(2),1685$1&( &29(5$*((;&/8'(')25120,1(((9(1766((6(3$5$7($33/,&$7,216)25120,1(((9(176 63(&,$/(9(17/,$%,/,7<352*5$0 352'8&(538%/,&(17,7< $'',7,21$/,1685(' $OOLDQW,QVXUDQFH6HUYLFHV,QFLQFRQMXQFWLRQZLWK &LW\RI6DQWD$QD $SH[,QVXUDQFH6HUYLFHV &LYLF&HQWHU3OD]D 32%R[ 6DQWD$QD&$ EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2012-06 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City Of Santa Ana Apex Insurance Services 20 CIVIC CenteC Plaza P. O. Box 6450 Santa Ana CA 92701 Newport Beach, CA 92658 , License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Manuel Ortega TYPE: Music 5708 W. First Street #C ?//- O ? ? DATE(S): 01/03/12 - 12/31/12 Santa Ana, CA 92703 /Y ? LOCATION: Santa Ana Police Athletic 8c Activity Lea ue SA PAAL *Liquor Liability Yes No **Li uor Liabilit after 12 am ends before 2 am This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. This certificate is issued as a matter of information only and confers no rights upon [he certificate holder. This certificate does not affirmatively or negatively amend, extend or alter the coverage afforded F,/ the policy listed and it does not constitute a contract between [he insurance carrier, authorized representative, producer and certificate holder. The insurance described herein is subject to all the terms, exclusions and conditions of such po!ic_?'9es). INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: 12SEP1000001 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2012 EXPIRATION: JANUARY 1, 2013 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM t)EIJUCTIB LE' NONE General Aggregate Limit $ 2,000,000 Products 8e Completed Operations 1,000,000 Personal a4c Advertising Injury 1,000,000 Each Occurrence Li mi[ 1,000,000 Fire Damage (Any One Fire) 100,000 Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) l,ooo,ooo Optional Limits Purchased Q $1,000,000/$3,000,000 Q $2,000,000/$2,000,000 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for [hat event. "Who is insured" is amended to include, as an insured, the person or organization shown in this schedule, but only with respect [o liability arising oul of the ownership, maintenance or use of the premises used by [he named insured (event holder). This insurance does not apply lo: Any "occurrence" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCELLATION: Should [he above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy rovisions. ?? e AUTHORIZED REPRESENTATIVE: DATE ISSUED: 12/21/11 by Briza Morales