HomeMy WebLinkAboutSUBANDHI, TEREMBANG 2 - 2015City of Santa Ana
------------ - -------- -- --
Clerk of the Council
COTC Office Use Only
AGREEMENT TERMINATION FORM
?T9 . AUG 21 PM 4: 58
Please complete this form when the attached agreement and all CITY OF SANTA ANA
amendments (if any) are no longer in effect. CLUK OF COUNCIL
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with
No. N-20116-0ig
was completed on Ij Jand final payment has been made.
(List all amendments. Use space below if needed.)
Department: Kc�A
Phone/Ext.: L19R
Signature: AA &A f -,- -
Date: 43 11 � 1, q
Revised 10-31-12
N-2015-019
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
l jp -�31-15, 6 RECREATION SERVICES AGREEMENT
CLERK OF COUNCII,
DATE.
0', PACK 0 j THIS AGREEMENT made and entered into this 1't day of January 2015, by and between
SEu. VIA Terembang Subandhi, (hereinafter "Provider") and the City of Santa Ana, a charter city and
inttnioipai-corporation-oganrzed-and-exiatizzg-under--the-Constitutzan-€eud-laws-o�the vtade-oI'-__.
—Z�W—aw. California (hereinafter "City").
RECITALS
A. The City desires to retain a recreation service provider having special sldlls, resources and
knowledge to provide badminton courses ire its 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.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terns 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
1'n consideration for the tight to provide the programs set forth in Exlubit A, City agrees to
pay the Provider seventy'percent (70%) of all gross revenue received firm program participants,
Anticipated revenue from this class shall not exceed $25,000 amnaally. Payment to Provider shall
be made within thirty (30) days following completion of each class.
3, TERM
This Agreement shall commence on January 1, 2015 and terminate on December 31, 2016,
unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended upon a writing executed by the City Manager and the City Attorney.
4, INDEPENDENT CONTRACTOR
Provider sb.all, dtuing 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-employoc 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 salades and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes. Provider is not an agent, representative or employee of City and
Provider shall have no authority to act on behalf of the City.
5. INSURANCE
Prior to nnndertaking 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self-insurance programs maintained by the City; and (c) contain standard separation of
insured's provisions.
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. 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 affect 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.
6. 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
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, and any employees or substitutes, 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 facsimile or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Facsimile (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
Facsimile (714) 571-4211
To Provider: Terembang Subandhi
14862 Colletta Place
Westminster, CA 92869
A party may change its address by giving notice in writing to the other parry. 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 facsimile, 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 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 is not
embodied herein.
11. ASSIGNMENT/SUIISTITUTES
a. Assignment. The experience, knowledge, capability and reputation of Provider were a
substantial inducement for City to enter into this Agreement. Therefore, 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. Provider must personally teach at least seventy-five percent
(75%) of its offered classes.
b. Substitutes. In the event Provider is not able to teach a class due to illness or some other
cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified
substitute instructor to teach the class at its regular time and place. Provider shall ensure that
substitute instructors comply with the City's insurance and live scan requirements contained herein,
Provider must immediately notify the City of the substitute instructor's name, qualifications,
address and phone number. If Provider cannot procure a qualified substitute and the City is unable
to assist in this regard, then the class shall be canceled and a make-up class must be added to the
session. Provider must notify participants as. soon as possible of any class cancellation and make-up
class.
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 fixture contracting of business with the City at risk and will result in the City's
retention of ten (10%) percent of the final payment to Provider.
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 Cotmty, 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. 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. SEVERABILITY
In the event that one or more of the phrases, sentences, clauses, paragraphs or sections
contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
17. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
18. AUTHORITY
The person(s) executing this Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties and that be so executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA DD. . HUIZAZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director oftService
Recreation and Comm
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
PROVIDER
Terembang Subandhi
EXHIBIT A
SCOPE OF SERVICE — BADMINTON
A. Provider shall conduct Badminton classes. Participants will learn the fundamentals of badminton;
rules of the game, court etiquette, swing production, foot work and more. For Adult age 1S years + and
Children age 5 years to 17 years old.
B. Badminton classes are offered on Friday or Sunday, 2 hours, per day - $10/monthly (Adults)
C. Badminton classes are offered on Friday or Sunday, 2 hours, per day - $5/monthly
(Children)
D. Class shall be one day a week, January through March (Winter), April through June (Spring), June
through August (Summer), September through December (Fall), November and December shall be three
week session.
E. Provider shall work with City staff in setting a schedule for classes, including the location, specific
days and hours when class will be held and holidays to be observed.
F. Provider shall provide and be responsible for equipment, records, and personnel and clean-up of the
facilities and materials necessary to ensure the safety and effectiveness of said instruction.
G. 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 STZE
1) Each class must have a mininawn of 5 paid students and no more than a maximum of 38.
2) hi the event the minimum number of enrollees is not met by the first class meeting 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 a $10 & $5.00 for each monthly session. Anticipated revenue not to exceed
$25,000.00 annually.
2) No refunds will be made to participants after the second class meeting unless the class is
cancelled by the City.
3) 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.
4) Provider shall receive seventy percent (70%) of the total fees collected each month. City and
Provider agree that City shall retain thirty percent (301/o) of the fees collected as an
administration fee.
5) Provider agrees that City is entitled to audit Provider's records and classes to insure
compliance with this Agreement.
b) Provider may not waive class participation/registration fees.
7) City shall prepare class rosters and provide a copy to Provider. Only registered participants may
participate in class.
7
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2015-09
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:
Terry Subandhi
TYPE: Badminton
14862 Colleta Place
DATE(S): 01/12/15—12/31/15
Westminster, CA 92683
LOCATION: Salgado Center
*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: SEP41017
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2015 EXPIRATION: JANUARY 1, 2016
COMMERCIAL GENERAL LIABILITY
OCCURRENCE FORM
DEDUCTIBLE: NONE
General Aggregate Limit $ 2,000,000
Products & Completed Operations L000,000
SPECIAL CONDITIONS:
Personal & Advertising hij my 1,000,000
The following endorsements attached to
Each Occurrence Limit 1,000,000
the Master Policy do not apply to this
Damage To Premises 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
❑ $1,000,000/9,000,000
❑ $2,000,000/$2,000,000
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 issued for that event.
OTHER ADDITIONAL INSUREDS
CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy
provisions.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: January 12, 2015 by Briza Morales
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2016-03
CERTIFICATE OF INSURANCE
SPECIAL EVENTLIABILITY PROGRAM
PRODUCER
PUBLIC INT'ITY (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:
Terry Subandhi °} . �cM( t "�� ."°�`)
TYPE: Badminton
14862 Coletta Plaice
DATE(S): 01/0I/16—'12/31/16
Westminster, CA 92683
LOCATION: Salgado Center
*Liquor- Liability Yes [] No E
"Liquor.Liability after 12 am ends before 2 am ❑
"[`his 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 I, 2017
COMMERCIAL. GENERAL. IAA[3flJTY
OCCURRENCE FORM
DEDUCTIBLE: NONE
General Aggregate Limit $ 2,000,000
Products & Cotnplete�d Operations I,00Q,00o
SPECIAL,CONIa r[ONS:
Personal & Advertising Injury 1,000,000
Each Oa:eurrence 1 imit I,000,mo
The folVendorsements attached to
tic M&i do
cQgjH cy coot apply to this
Damage'I'o Prernises Rented To You (Any One Premises) IW000
to Ot Insorancc
Medical Payments (Any One Person) 5,000
Liquor Liability (if purchased) 1,000,000
d y jsf
y�
e
Optional Limits Purchased
0 $1,000,000/$3,000,000
[] S2,000,000/$2,000,000
Damage To
Properly (If purchased)
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insrrance has been issued for that event_
OTHER ADDITIONAL INSUREDS
CANC E[..I..A"PION: Shnuld the above described policy be cancelled before the expiration date thereof; nonce will be delivered in accordance with the policy
provisions.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: December- 15 2015.by Briza Morales