HomeMy WebLinkAboutHERNANDEZ, JOEL 3-2015City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
710(9 At
Please complete this form when the attached agreement and all CITY amendments (if any) are no longer in effect. CCITY
Return form to the Clerk of the Council Office (M-30).
Call 647-6520 if you have any questions.
The agreement with
COTC Office Use
22 I M 4: 05
SANTA ANA
OF COUNCIL
N-2015-111
No. was completed on 3G IZI—i and final payment has been made.
(List all amendments. Use space below if needed.)
Department: PRC,SA
Phone/Ext.: y,2iQ
Signature: A,�Xj6m,
Date: hn Iaon
Revised 08-23-10
WORK MAY PROCEED
UNTIL. INSURANCE EXPIRES
19-\31,
CLERK OF COUNCIL.
DATE: &N a 5
0 PRC316) RECREATION SERVICES AGREEMENT
Silvia Cuevas
THIS AGREEMENT is made and entered into this 7th day of April 2015, by and
between Joel Hernandez (hereinafter "Provider") 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 City desires to retain a recreation service provider having special skills, resources and
knowledge to provide music instruction classes in its leisure class program.
B, Provider represents that Provider is able and willing to provide such services to the City.
N-2015-111
C. hi undertaking the performance of this Agreement, Provider represents that he is knowledgeable
in his 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 tho 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
In consideration for the right to provide the programs set forth in Exhibit A, City agrees
to pay the Provider seventy percent (70%) of all gross revenue received from program
participants, Total. revenue to Provider shall not exceed $10,000 annually, Payment to Provider
shall be made within thirty (30) days following completion of the last class taught by Provider
that mon& City shall be responsible for collecting all fees from program participants. Provider
shall not collect fees but will refer all interested participants to City for registration information.
Provider agrees that City shall retain thirty percent (301/;) of all gross revenue received from
program participants as an administrative fee.
3. TERM
This Agreement shall be for two (2) years, commencing on July t, 2015 and ending on
June 30, 2017, unless terminated earlier in accordance with Section 12 below.
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 einployer-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 ail 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. Provider is not an agent, representative or
employee of City and Provider shall have no authority to act on behalf of the City.
g, 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 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, amounts
of urge
D bogie
shall be not less than the following: single limit coverage applying Y personal 1 in
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence and $2,000,000 in the aggregate, Such insurance shall (a) Hain (b) be �ty, its rimar Dangers,
employees, agents, volunteers and representatives as additional insured(s); p Y
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:
(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.
(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 paidT, the City
shall have
shall not ffect Provider'slright to be paid foection, to r
terminate this Agreement.
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 defend, indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability for personal
injuuy, 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
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 all costs for I of this
Agreement. The Provider further agrees to indemnify, hold harmless, and pay
and costs for special counsel to be selccted by the
e
defense of the City, including fees nsation,
regarding any action by a third party asserting that personal injury, damages, j reason of the
restitution, judicial or equitable relief due to personal or property rights arising by
s of, or effects arising from this Agreement. City may make all reasonable decisions with
term
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, director
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
g LIVE SCAN BACKGROUND CHECK
Providers, and any employees, subcontractors 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 st deemed dbo psent by fax or othex telegraphicly given if delivered in person or
mailed by first class or certified mail, p g p p
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 927024988
Fax (714) 647-6956
With copy to: Executive Anar of Parks, Recreation and Connnunity Services
City of Santa
26 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 571-4211
To Provider: Joel Hernandez
2313 South Renee Drive
Santa Ana, CA 92704
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,
cation shall be effective or deemed to have been given three (3) days after id, ait ad
deposited in the United States been
communimail, duly registered or certified, with postage p p
If sent by fax, communication shall be effective or deemed to have
been given twenty -£our (24) hours after the time set forth on the trpismoses of calculatingthese e
by th
addressed as set forth above.
transmitting facsimile machine, addressed as set forth above. For urp
time frames, weekends, federal, state, County or City holidays shall be excluded. .
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exchrsive statement between the City and
Provider regarding the subject matter herein, 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, prornlses or y agreements,
whu has not embodied lor otherwise, herei ave been made by
any party, or anyone acting on behalf of any party,
it. ASSIGNMFNTlSUBSTITUTES
a. Assignment. The experience, Imowledge, capability and reputation of Provider were a
substantial inducement for City to enter into this Agreementinterest . Therefore, Provider may not assign,
herein
without consent of the
City
transfer, eleate contract any 1 gationorsubcontractact w thout theCty'sprior written
and anyugnmen transfer, dele
consent shall be considered null and void.
b, Substitutes. In the event Provider is not able to teach a class due to illness or so"' e
control, Provider must procure, at its sole expense, a
other cause beyond Provider's reasonable
qualified substitute instructor to teach the class at its regular time and place. Provider shall
ensure that substitute instructors are at least twenty-one (21) years of age and comply with the
City's insurance and live scan requirements contained herein. Evidence of compliance with
City, s insurance and live scan requirements shall be provided upon request. 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.
Provider must personally teach at least seventy-five percent (75%) of its offered classes.
12. TERMINATION
a. This Agreement may be temainated by the City upon thirty (30) days written notice Of
ntProvider shall be entitled to receive, and City shall pay Provider,
termination. In such eve ,
to the effective dof termination.
compensation for all services rendered prior ate
b. Termination or cancellation of classes by the Provider outside of Section 11.b. must be
given to the City at least thirty (30) days prior to termination/cancellation, Failure to provide
ty at
adequate cancellation notice to the City may put e contractingrpercent of he final payment to Provider.
risk and will result in the City s retention of ten (1010 /o) p
13. RECORDS by the City to record
Provider shall use attendance sheets generated and supplied
attendance in each class. Provider shall keep these and any other records re uconnection
n ne tion withew the
work to be performed under this Agreement and shall permit City, p q
ch
records for a period of three (3) years from the date of final payment to Provider under this
Agreement.
14. DISCRIMINATION
se of race, color, creed, religion, sex, marital status,
Provider shall not discriminate becau
sexual Orientation, age, national origin, ancestry, or disability, as defined and ohib
applicable law, in the recruitment, selection, rroitted by
teaching, training, utilization, p
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.
15. JURISDICTION - VENUE
ed and delivered in the State of California and the
This Agreement has been execut
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.
16, LICENSES
Provider shall, throughout the term of this Agreement, maintain all necessarylicenses,
rovision ofthe services
permits, approvals, waiver the slid
and regulat ors ons near the United y for the States, the state of California,
hereunder and required by
the City of Santa Ana and all other governmental agencies,
17. SEVERABILITX amd In the event that one or more of the phrases, sentences, clauses, paragraphs ectionsor ree t a e
in this Agreement sb.all be declared invalid or unenforceable by valid judgment
any Of the
court of competent jurisdiction, such invalidity paragraphs or sections bof this ilitY hAgreement, not which shall be
remaining phrases, sentences, clauses,
interpreted to carry out the intent of the parties hereunder.
18, ExHI3ITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
19, 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 D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SOMA R. CARVALHO
City Attorney
By. IIV.
John .Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director of Parl s,
Recreation and COmmuni Services Agency
City Manager
PROVIDER:
)tnv
J el Hernandez
Exhibit A
SCOPE OF SERVICES - Joel Hernandez
A. Provider will teach various classes in Dosis Piano, Dosis Piano Guitar and Dosis Acoustic
Guitar for youths ages 6-12.
Provider shall teach such classes (1) on the general schedule below at a facility to be
B.
designated by the City or (2) on a schedule otherwise agreed upon by the parties for each class
session or term, including the location, specific days and hours when classes will be held and
holidays to be observed, in accordance with the City, s needs.
Dosis Piano - I hour, I day per week
Dosis Acoustic Guitar - 1 hour, day per week
Dosis Piano - I hour, 1 day per week
Dosis Piano Guitar —1 hour, I day per weep
C.
Provider will 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
instruction.
CLA�E
st have a minimum of 5 paid students and no more than a maximum of 12.
A. Each class mu
B. No registration will be accepted after the second meeting of class.
C. In the event the minimum number of cluellees is not realized by the second meeting of the
class, the class shall be canceled. Provider will be under no obligation to provide services for
the cancelled class, and the City will have no further obligations to pay provider compensation
for the remaining classes that were cancelled in that session
CLAS,_,__ S
FEEI class registration fees as established by City.
A. Each participant shall pay
B. Provider may not waive class participation/registration fees.
C. Only registered participants may participate in class.
D. Any refunds to participants will be made in accordance with City policy.
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2015-08
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:
Basis Music
TYPE: Music
c/o Joel Hernandez
DATE(S): 01/07/15—12/31/15
809 E. Chestnut Avenue
LOCATION: Santa Ana Senior and Garfield Centers
Santa Ana, CA 92701
*Liquor Liability Yes ❑ NoEl
"Liquor Liabilitafter 12 am ends before 2 ant ❑
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 1,000,000
SPECIAL CONDITIONS.
Personal & Advertising hrjury 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/$3,000,000
❑ $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 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 7, 2015.by Briza Morales
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2016-14
CERTIFICATE OF INSURANCE
SPECIAL EVENTLIABILITY PROGRAM
PRODUCER
I1UBL[C ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjiunction with
City of Santa Ana
Apex Insurance Services
20 Civic Center Plaza
P. 0. Box 6450
Santa Ana, CA 92701
Newport Beach, CA 92658
License No: OC 36861
NAMED INSURED (EVENT F HOLDER):
EVENT` INFORMATION:
Dosis Music
TYPE: Music
c/o Joel Hernandez
DATE(S): 01/07/16 — 12/31/16
809 E. Chestnut Avenue
LOCATION: Santa Ana Senior and Garfield Centers
Santa Ana, CA 92701
*Liquor Liability Yes E] No Z
"Liquor Liability after 12 ant ends before 2 arn E]
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(iCS) 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, UA1311-ITY
OCCURRENCE. FORM
DEDUCTIBLE: NONE
General Aggregate Um4 $2,000,000
ProdLIC(S & Completed Operations 1,000,000
SPECIAL CONDITIONS:
Personal & Advertising Injury 1,000,000
The loftwing endorsements attached to
Each Occurrence l.irnit 1,000,000
the Master Policy do not apply to this
Damage To Premises Rented To You (Any One Premises) 100,000
Cerbficute Offrisurance:
Medical Payments (Any One Person) 5,000
Liquor Liability (if purchased) 1,000000
0000"
Optional Limits Purchased
F1 S1,000,00063,000,000
2
El S2,000,00062,000,000
e
Damage To Property (if purchased)
The limits of insurance apply separately to each event insured by this policy as ifa 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,
0 10:53
DATE ISSUED: — January 7, 2016 by Briza Morales
EVANS'TON INSURANCE COMPANY
CERTIFICATE NO.. 2017-18
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PRODUCER
PUBLIC EN°rITY (ADDITIONAL INSURED)
Alliant Insurance ;Services, Inc. in conjunction with
City of Santa Ana
Apex Insurance Services
20 Civic Center Plaza
R O. Box 6450
Santa Ana, CA 92701
Newport Beach, CA 92658
License No: OC 36861
NAMED INSURED (EVENT HOLDER):
EVENT INFORMATION.
Dosis Music
TYPE: Music
c/o Joel Hernandez
DATE(S): 01/03/17 — 12/31/17
809 E Chestnut Ave.
LOCATION: Garfield Center
Santa Ana, CA 92701
*Liquor Liability Yes [] No ❑
i `` � ".".....
"Liquor Liability after 12 any 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 po'licy(ies) unless
amended as described in Special Conditions.
INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER: SEP4103
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2017 EXPIRATION: JANUARY 1, 2018
COMMERCIAL GENERAL. LIABILITY
OCCURRENCE FORM
DEDUCTIBLE: NONE
General Aggregate Limit S 2,000,000
products & Completed Operations 1,000,000
SPECIAL, CONDITIONS:
Personal & Advertising in,ittty 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) wo'000
C,ertilicate Of Insurance:
Medical Payments (Any One Person) 5,000
Liquor Liability (If purchased) 1,000,000
Optional Limits Purchasers
❑ $1,000,000/$3,000,000
❑ $2,000,000/$2,000,000
Damage To Property (If purchased)
'` o
The limits ofinsurance apply separately to each event insured by this policy as if a separate policy of insurance has 'beet a far 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 3 2017 by Stella Faiardo