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HomeMy WebLinkAboutESTRADA, DAGNA ESTHER-2015City of Santa Ana 1 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with COTC Office Use Only 20'� AVG 22 PH q: 06 CITY OF SAN TA ANA CLERK OF COUNCIL N-2016-010 No. was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: PRGSA Phone/Ext.: LI 1 C\ Signature: Date: ao a,G\Ci Revised: 01-07-16 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES /oP- 9/-/( CLERK OF COUNCIL DATE:.TE) O . P JAN 2 5 2016 (I RECREATION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 28" day of December 2015, by acid between Dagna Esther Estrada ("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 ("City"), RECITALS A. The City desires to retain a recreation service provider having special skills, resources slid knowledge to provide weight loss/nuntition classes in its leisure class progrsm. B. Provider represents that she is able and willing to provide such services to the City. C. hi undertaking the performance of this Agreement, Provider represents that she is knowledgeable in her 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 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 provision of 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 $25,000 annually. Payment to Provider shall be made monthly within thirty (30) days following completion of the last class taught by Provider the prior. month. 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 (30%) of all gross revenue received'from program participants as an administrative Bee. 3. TERM This Agreement shall commence on January 1, 2016 and end on December 31, 2016, unless terminated earlier in accordance with Section 12 below. The term of this Agreement may be extended upon it writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Provider shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor Page I of 8 N-2016-010 and is in force and paid for, the City shall have the right, at the Cit,y's election, to terminate this Agreement. Such termination shall not affect Provider's sight robe 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, defend, and hold, harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal ini wy, including death, and claims for property damage, which may arise frorn the direct or indirect operations of 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; and (2) from any claim that personal injury, damages, just compensation, restitution, judicialor equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold'harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. 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 challenging the validity of this Agreement, or 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. In no case will Provider be required to indemnify or hold harnless the City for itr,j ury, damages, just compensation, restitution, judicial or equitable relief caused by the sole negligence of the City. 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 mamner with performance of services specified under this Agreement. 8. LINE SCAN BACKGROUND CHECK Provider, and any employees, subcontractors or substitatcs, 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 Page 3 of 8 this Agreement, Prw0der affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. LICENSES Provider shall, throughout the tern 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, 17. 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 competentjurisdiction, such invalidity or auenforeeability 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. 18. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTIIORI'I'Y 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 by 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: NIARIA ➢. ITUTZAR Cleric of the Co'wicil CITY OF SANTA AN ➢AVI AVAZOS City Manager Page 6 of 8 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney fl v'y,� -r By:_ /wzv-+u �ld r_— r HN M. FUNK Assistant City Attorney RECOMMFNDED FO AP JROVAL: PROVIDER. GERARDO MOUET A ESTHE CSTRADA Executive Director of Pa ks, Recreation and Camnnn ity Services Agency Page 7 of 8 N-2016-010 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2016-22 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: Esther Estrada TYPE: Nutrition 1480 W. Lambert Road, Unit 291 DATE(S): 01/13/16—12/31/16 La Habra, CA 90631 LOCATION: El Salvador *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 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 ❑ $1,000,00053,000,000 ❑ $2,000,00062,000,000 d 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 ha s or tOzina. OTHER ADDITIONAL INSURED\en P C_ 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 13, 2016 by Briza Morales