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HomeMy WebLinkAboutORTEGA, MANUEL 4 - 2016�nSURANCE ON FIDE N- 2016 -155 V0(K MAY PROCEED t A�rIL INSURANCE EXPIRES jlf2-31 -f!ra CLERK OF COUNCIL DATE:/ to, 9 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MUSICAL INSTRUCTOR MANUEL ORTEGA THIS AGREEMENT is made and entered into this 2 " day of November, 2016 by and between Manuel Ortega, as a sole proprietor (hereinafter "Instructor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of die State of California ("City"), RECITALS A. The City desires to retain a music instructor to provide guitar lessons for the Santa Ana Police Athletic and Activity League Center program (hereinafter SAPAAL). B. Instructor represents that Instructor is able and willing to provide such services to the City and has been providing such services since June 1, 2016 which require compensation. C. In undertaking the performance of this Agreement, Instructor represents that it is knowledgeable in its field and that any services performed by Instructor 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: I. SCOPE OF SERVICES a. Instructor will provide services as set forth below and in Exhibit A, attached hereto and incorporated by reference. Any services performed by Instructor prior to the date of execution of this Agreement shall be included within the Scope of Services and Compensation of•this Agreement. b. The SAPAAL project will closely coordinate the following services with Instructor for service provisions through: 1. The project staff being readily available to Instructor for service provision using: site visits and sharing of information between project staff' and Instructor. 2. Regularly scheduled meetings to be held quarterly between Instructor or his designee at 5108 W, I " Street, Unit C, Santa Ana, California, (714) 227 -5465, and Director Kenny Aguilar or his designee of the SAPAAL program at 60 Civic Center Plaza, Santa Ana, California, (714) 245- 8050. 3. 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: 1. The roles and responsibilities of the Santa Ana Police Department PAAL will be able 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 can participate in the program. 2. The roles and responsibilities of Instructor will be to provide one (1) qualified instructor for the music program working three (3) hours a day, three (3) days a week, for ten (10) months per year for one (1) year. 2. COMPENSATION a. City agrees to pay, and Instructor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A including services provided by Instructor since June 1, 2016. b. The total sum to be expended under this Agreement shall not exceed Seven Thousand Dollars ($7,000.00) during the Tenn of this Agreement. c. Payment will be made by the City within forty -five (45) 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. TERM This Agreement shall commence on June 1, 2016 and terminate on May 31, 2017, unless terminated earlier pursuant to Section 10, below. 4. INDEPENDENT CONTRACTOR Instructor 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 Instructor performs the services which are the subject matter of this Agreement; however, the services to be provided by Instructor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Instructor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, hrstructor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Instructor 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 Instructor'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 therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Instructor shall supply the 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, Instructor, if Instructor 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, Instructor 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 Instructor pursuant to this section: (i) Instructor 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 firmished to the City upon executed 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. 6. INIDEMNIF"ICATION Instructor agrees to and shall indemnify, defend, 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 Instructor's acts of negligence or willful misconduct in the performance of this Agreement. 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 City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Copies to: City of Santa Ana Police Department Chief of Police 60 Civic Center Plaza P.O. Box 1981 Santa Ana, California 92702 Facsimile (714) 647 -6591 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6515 To Instructor: Manuel Ortega 5108 West I" Street, Unit C Santa Ana, California 92703 (714) 418 -0591 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 asset 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. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Instructor, 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 and will serve to fldly supersede existing Agreement. This may not be modified except by written instrument signed by the City and by an authorized representative of Instructor. 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 or conditions hereof, shall not bind or obligate Instructor 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. 9. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Instructor, Instructor 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. 10. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination. In such event, Instructor shall be entitled to receive and the City shall pay Instructor compensation for all services performed by Instructor prior to receipt of such notice of termination. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 11. NONDISCRIMINATION Instructor shall not discriminate because of race, color, creed, relation, 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. Instructor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 12. 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. 13. PROFESSIONAL LICENSES Instructor 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 Sates, the State of California, the City of Santa Ana and all other governmental agencies. Instructor 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. 14. FINGERPRINT CHECK REQUIRED Prior to commencing work under this Agreement, histructor will provide proof of fingerprinting and criminal background screening pursuant to Penal Code § 11105.3. 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 teens 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on Following Page] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CV ,f MARIA D. HUIZAR n Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. - r LAURA A. ROSSINI Senior Assistant City Attorney CITY OF SANTA ANA < B DAVID CAVAZOS City Manager ev RE FOR PPROVAL: INSTRUCTOR CARLOS ROJAS't � MANUEL ORTEGA Chief of Police Music Instructor EXHIBIT A SCOPE OF SERVICES I) Instructor will teach Guitar Classes at the Santa Ana Police Athletic and Activity League Center. The classes will teach music theory, chord structure and perfonning styles. 2) The classes will be held on Monday, Tuesday and Wednesday from 3:00 p.m.- 6:00 p.m. beginning June 1, 2016 through May 31, 2017. The classes will be offered at the beginner, intermediate and advance levels. 3) Instructor 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 Instructor allows others to teach his /her class, those teachers must be over age 21, have obtained and maintain an instructor rating, and be covered by Instructor's insurance. Instructor shall provide City with documentation to verify instructor and insurance requirements. CLASS SIZE 1) Each class must have a minimum of 1 student and a maximum of no more than $ 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. Instructor will be under no obligation to provide services and the City will have no obligation to pay Instructor compensation. CLASS FEES 1) There will be no fee charged to participants for the class 2) The Santa Ana Police Athletic and Activity League shall register each participant for the program. Instructor shall not collect fees, but shall refer all interested participants to the Santa Ana Police Athletic and Activity League for registration. 3) Instructor shall receive $25.00 per hour for services rendered. 4) Instructor agrees that City is entitled to audit Instructor's records and classes to ensure compliance with this Agreement. 5) The Santa Ana Police Athletic and Activity League shall prepare class rosters and provide a copy to Instructor. Only Santa Ana Police Athletic and Activity League registered participants may participate in classes. 8 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2017-14 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: Music Manuel Ortega TYPE: 01/01/17-12/31/17 5108 W First Street, #C DATE(S): Santa Ana Police Athletic & Activity Santa Ana, CA 92703 LOCATION: League (SAPAAL) *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 : SEP41023 MASTER POLICY DATESEFFECTIVEEXPIRATION : : JANUARY 1, 2017 : JANUARY 1, 2018 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 (If purchased) Liquor Liability 1,000,000 Optional Limits Purchased $1,000,000/$3,000,000 $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: December 22, 2016 by Stella Fajardo