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HomeMy WebLinkAboutZAPATA, MICHAEL 1 -2013City of Santa Ana *, ---- .... ....... �(�1 Clerk of the Council COTC Office Use Only __... ---- _.... AGREEMENT TERMINATION FORM 20�9 A�JG 21 PM 4, 57 Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. CITY!OF SANTA ANA CLERK OF COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with zaoa+(a , Mkc rke No. N-2013-122 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: Kc 6 Phone/Ext.: Qq Signature: Date: Revised 10-31-12 J1J)9&W&AdC1 FL QN' ME Wik',IK( Y(A,T FROGEHQ WlN5111E IIRSUIRANOL EXPIRES N-2013A22 ra* 3,)-12 = G L RECREATION SERVICES AGREEMENT CLERK OF COUNCIL QATE., �&HIS RECREATIpN SERVICES AGREEMENT made and entered into this 19"' day of August, N% 2013 by and between Michael Zapata (hereinafter "Provider"), and the City of Santa Ana, a CO 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 Provider having special skill and knowledge in the field of karate to provide karate instruction through the City's leisure class program. 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 from a professional consulting firm in the field. N 0 W T H E R E F 0 R E, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pass through to the Provider seventy percent (70%) of all gross revenue received from program participants. Anticipated revenue from this class shall not exceed $25,000 annually. Payment to Provider shall be made within fifteen (15) days following completion of each class. TERM This Agreement shall commence on the date first written above and terminate on Rine 30, 2014, unless terminated earlier in accordance with Section 12, 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 j oint venture relationship, or to allow the City to exercise discretion or control over the professional 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. 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 amotmt 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. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Provider will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. d. 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. (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. e. 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. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, 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 CLAUSE 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. LIVE SCAN BACKGROUND CHECK Providers in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. 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: Cleric 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 courtesy copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4235 To Provider: Mr. Michael Zapata 2130 S. Lewis Street, Apt. 103 Anaheim, CA 92802 (949)294-0072 A party may change its address by giving notice in writing to the other party. Thereafter, any 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. 10. 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. 11. 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. 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 Providers retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Termination or cancellation of classes by the Provider must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk. 13. 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. 14. 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. 15. PROFESSIONAL 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. Provider 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. 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: MARIILG _ZA IA D. HUIZAR Clerk of Clio Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Sforck Assistant City Attorney RECOMMENDED FOR APPROVAL GERARDO MOUEf Dircreatiector of Parks, Re( and Co riunity Services CITY OF SANTA ANA KEN 'ROURKE Interim City Manager PROVIDER MICHAEL ZAPATA Exhibit A SCOPE OF SERVICES- Michael Zapata/Karate Do Kiai A. Provider shall conduct Martial Arts techniques for children 3'/z-16 year olds. B. Karate Do Kiai for ages 31/2-8 year olds, class will consist of monthly session, held Monday & Wednesday- 2 days per week, 50 minutes per day- first class is $20/per month session, second class will be $25/oer month C . Karate Do Kiai for ages 9-16 year olds, class will consist of monthly session, held Monday & Wednesday- 2 days per week, 50 minutes per day- $25/per month session. Discount of$5.00 off for f=1#6s D. Provider will provide and be responsible for equipment, records, and personnel and cleanup of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. E. 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. Black -belt rated students may warm up beginning students, however, Provider must be present at all times. CLASSSIZE REGISTRATION A. The minimum number or participants is 5 per class, the maximum is 50. B. No registration will be accepted after the second week of classes. C . 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. FEES A. Each participant shall pay a $20.00/$25.00 class registration fee per monthly session. Anticipated class revenue not to exceed $25,000.00 annually. B. No refunds will be made to participants after the commencement of a session unless the class is cancelled by the City. C. The City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. D. Provider shall receive seventy percent (70%) of the total fees collected each month. City and Provider agree that City shall retain thirty percent (30%) of the fees collected as an administration fee. E. Provider agrees that City is entitled to audit Provider's records and classes to insure compliance with this Agreement. F. Provider may not waive class participation/registration fees. G. City shall prepare class rosters and provide a copy to Provider. Only registered participants may participate in class. EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2013-41 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 Center Plaza P. O. Box 6450 Santa Ana, CA 92701 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Michael Zapata TYPE: Martial Arm 2130 S. Lewis Street DATE(S): 08114/13-12/31/13 Anaheim, CA 92802 LOCATION: Santa Anita Center *Liquor Liability Yes ❑ No El *'*Li uor Liability 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 the certificate holder. This certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy listed and it does not constitute a contract between the insurance carrier, authorized representative, producer and certificate holder. The insurance described herein is subject to all the terms, exclusions and conditions of such poticy(ies). INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41011 MASTER POLICY DATES: EFFECTIVE: JANUARY 1,2013 EXPIRATION: JANUARY 1,20t4 COMMERCIAL GENERAL LIABILITY OCCURRENCE FOWA DEDUCTMLE: NONE General Aggregate Limit. $ 2,000,000 Products& Completed Operations 1,000,000 Personal & Advertising thinly-1,000,000 Each Occurrence Limit 1,000,000 Fire Damage (Any One Fire) 100,000 Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,00053,000,000 ❑ S2,000 00012,000,000 Tic limits of insurance apply separately to each eventinsured by this policy as if a separate policy of insurance has been issued ler that event. "Who is insured" is amended to include, as an insured, the Peron or organization shown in this schedule, but only with respect to liability arising out of file ownership, maintenance or use of the promises used by the named insured (event holder). 'this insurance does not apply to: Any "occurrence" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS — Geraldine Val.enaia CANCELLATION, Should the above described policy be cancelled before the expiration date thereat. notice will be delivered in accordance with the policy provisions, a'a ..p., AUTHORIZED REPRESENTATIVE: DATE ISSUED: Au ua st14,2013b BtizaMorales Revised 9/3/13 to add additional insured. B.M. APPROVED AS TO FORM LISA E. STORCK — +$ ,Assistant City Attorney /jt Al- c2013 -IoM MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinalero COUNCIL MEMBERS Angellca Amezcua David Benavides Michele Martinez Roman A. Rayne Vincent Sermlento October 1., 2013 CITY OF : a ri OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA M-29 • P.C. BOX 1988 SANTAANA, CALIFORNIA 92702 (714) 647.5201 • Fax (714) 647-6515 Mr. Michael .Zapata 2130 S. Lewis Street, Apt. 103 Anaheim, CA 92802 Re: Leisure Class Agreement Dear Mr. Zapata: INTERIM CITY MANAGER Kevin O'Rourke CITY ATTORNEY Some R. Carvalho CLERK OF THE COUNCIL Maria D. Halzar The City of Santa Ana ("City") entered into a Recreation Services Agreement ("said Agreement") for you to provide teaching services in the City's leisure program. Said Agreement contained insurance requirements including the requirement for sexual abuse and molestation coverage (Section S c). At this time, the City is waiving this specific coverage. Thank you for your service to the City. Sincerely, Lisa Storck ��— Assistant City Attorney Cc: Norma Mitre -Ramirez Mary Fazioli EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2016-12 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 Center Plaza P. O. Box 6450 Santa Ana, CA 92701 Newport Beach, CA 92658 License No: OC 36961 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Michael Zapata TYPE: Martial Arts 208 W. Wilken Way DATE(S): 01/01/16—12/31/16 Anaheim, CA 92802 LOCATION: Santa Anita and Garfield Centers *Liquor Liability Yes ❑ No "Liquor Liability 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. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston insurance Company MASTER POLICY NUMBER: SEP41020 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2016 EXPIRATION: JANUARY 1, 2017 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM. DEDUCTIBLE, NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL. CONDITIONS, Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Darnage To Prerr iscs Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased 1:1 $1,000,00063,000,000 ❑ $2,000,00052,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been i ssued for that even OTHER ADDITIONAL INSUREDS Geraldine Valencia Flor .Hernandez CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will b elivered iVN1N01*"- with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: December 22, 2015 by Briza Morales