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HomeMy WebLinkAboutSKYHAWKS SPORTS ACADEMTY - 2017City of Santa Ana �'►t Clerk of the Council ~ AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form in its entirety when the attached agreement and all ' TO PCI f)0 amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements CITY OF SAN TA ANA have been satisfied prior to signing the termination form. CLERK OF COUNCIL Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N.2017-021 was completed on 304"g and final payment has been made. (List all amendments. Use space below if needed.) /A Department: PRC A // Phone/Ext.: ` Q Ig Signature: Date: AM Revised: 10-18-16 ItASUIRANCE NOT ON FILE WWK MAY N`f PROCEED CLERK OF COUNCIL RECREATION SERVICES AGREEMENT N-2017-021 vUAIt- g.-T $ AGREEMENT is made and entered into this 13"' day of February, 2017 by and p- between Skyhawks Sports Academy, Inc. ("Provider") and the City of Santa Ana, a charter city O vy 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 and knowledge to provide Multi -Sports classes in its leisure class program. B. Provider represents that he/she/it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that he/she/it is knowledgeable in their 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: I. 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 $25,000.00 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 fee. 3. TERM This Agreement shall commence on April 1, 2017 and end on March 31, 2018 unless terminated earlier in accordance with Section 12 below. The term of this Agreement may be extended by a writing executed by the City Manager 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 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 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. 5. 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. 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 and $2,000,000 in the aggregate. 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 California State law, 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 frill 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 paid for, the City shall have the right, at the City's election, to 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, 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 injury, including death, and claims for property damage, which may arise from the negligent 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; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Provider. 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 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 harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the 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 manner with performance of services specified under this Agreement. 8. LIVE SCAN BACKGROUND CHECK Provider, 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 be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax 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 Fax (714) 647-6956 With 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 Fax (714) 571-4211 To Provider; Skyhawlcs Sports Academy, Inc. 9425 N. Nevada Street, Suite 210 Spokane, WA 99218 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 fax, 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 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, 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/SUBSTITUTES 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. 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 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 4 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 -tip 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 terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section I Lb, 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 fitture contracting of business with the City at risk and will result in the City's retention often (10%) percent of the final payment to Provider. 13. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed, under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement, 14. NON-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, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. 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 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 farther 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 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. SEVEItABILITY 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 imen.forceability 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. 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 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: Maria D. Hui= Cleric of'the C:ouneil APPROVED AS TO FORM; SONIA R. CARVALHO City Attorney By: , Aseitant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Gerardo Mouet Acting City Manager PROVIDER: 7��qz Z—<Z-Zz�— _ Jeannie Jurado Slcyhawlcs Sports A decoy, Inc. Acting Executive Director of Parks, Recreation and Community Services Agency t. Exhibit A SCOPE OF SERVICES A. Provider shall conduct Multi -Sports classes for ages 2-6 years old, B. Provider shall teach such or similar classes (1) at the times below at facilities to be designated by the City or (2) on a schedule 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 City's needs. Preseason Flag Football classes will consist of quarterly sessions, held 1 day per week, 45 minutes per day (2-3yrs) • Mini -Hawk classes will consist of quarterly sessions, held t day per week, 40 minutes per day (2-3yrs & 4-6yrs) 1ST Down Tots classes will consist of quarterly sessions, held 1 day per week, 45 minutes per day (4yrs & 5-6yrs) C. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for clean-up of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE A. Each class must have a minimum of 4 paid students and no more than 20 students. B. No registration will be accepted after the second meeting of classes. C. If the minimum registration has not been reached by the second class, the class shall be cancelled. Provider will be under no obligation to provide services for the cancelled classes, and the City will have no further obligations to pay Provider compensation for the remaining classes that were cancelled in that session. CLASS FEES A. Each participant shall pay class registration fees as established by City. 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. E. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. 7 SKYHSPO-02 BH'ATCH DATE (MMPDDIYYYY) CERTIFICATE CIF' LIABILITY INSURANCE 312412017 ................. .-._-..... .. 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 POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE. ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER„ AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services Inc. PHONE FAX Moloneyy O°Neill (Arc, No, Exti:(50925-3024 ) (AIc, No): 818 W Riverside Ave, Ste 800 EMAIL ADDRESS: Spokane, WA 99201 _ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity Insurance Company 18058 _. INSURED INSURER B : -.. -_. Skyhawks Sports Academy Inc INSURERC: 9425 N Nevada St, #210 INSURER D Spokane, WA 99218 INSURERE: INSURER. F : COVERAGES CERTIFICATE NUMBER: CA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR. POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIDOYYYYY) (MMIDOfYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X. OCCUR ... .. .... X X PHPK161017'9 02108/2017' 0210812018 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000. MED EXP (Any one person).. $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN"L AGGREGATE.. LIMIT APPLIES PER: GENERAL. AGGREGATE S 3,000,000 O. X POLICY EC LOC PRODUCTS - COMPiCP AGO $ 3,000,000 OTHER Abuse/Molest $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Pa accident) 1,000,000 X ANY AUTO PHPK1610179 02108/2017 0210812018 PODIu Y INLflJRY (Per person) $ -.. ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S _... -._ __.. NON-OVVNED PROPERTY DAMAGE _ S HVRED AUTOS AUTOS (Per accident) 5 ._ .._,,., _ .....�. UMBRELLA X UMBRELLA LIAR X OCCUR _.,...._.. ........ . ............ _. . ..__.__ ''�j 62/08/2017 ._. _ EACH OCCURRENCE $ 5,®00,000 A LAB CLAIMS -MADE PHUB572546 0 812018 of,_ AGGREGATE $ .._ 5,0001000 DIED x. RETENTION$ 10,000 'GJ S WORKERS COMPENSATION A EMPLOYERS'LIABILITY _ — .. Qj "r Y�'+ `�° "r*"� " PER OTH- . STATUTE ER --- YIN "� AND ANY PROPRIETOWPARTNERIEXE`C'UiTIVc + ryr +tY^ NIA EL EACH ACCIDENT S OFFICER/MFtu1BER EXCLUDED? (Mandatory in NH) a c r E L. DISEASE - EA EMPLOYEE S PT under DES dOF OPERATIONS below DESCRIPTION t E L DISEASE.; POLICY LIMIT 8 410 DESCRIPTION OF OPERATIONS I LOCATION'S f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana its officers, agents, and employees are additional insured as respects general liability for the ongoing operations of the named insured. Coverage is primary non contributory and waiver of subrogation applies. Per forms CG2010 0704, PI-GL-005 (07 12) and CG2404 0509 attached. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Finance & Management Services Agency PO Box 1988 M-16 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD This endorsement modifies insurance provided under the following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART �9WIA-911119� Effective Date: 02/08/2016 Name ofPerson orOrganization, (Additional |nsured): Any/aIll where required by written contract prior to a loss SECT|ONUU—WHO|S AN INSURED isamended: boinclude esanadditional insured the persom(a)nr mrganizaton(m)shown imthe endorsement Schedule, but only with respect toliability for "bodily injury.^ "property damage" or "personal and advertising injury" arising out of or relating to, your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown inthe endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintaIined by the person or organization (Additional Unsured).except for loss resulting from the sole negligence ofthat person or '~� ~ orQen/zso/mm. This condition applies even ifother valid and collectible insurance is available tothe Additional Insured for a loss or "occurrence" we cover for this Additional I Insured. The Additional |mmup*d'slimits mf insurance dnnot increase our limits mfinsurance, mmdescribed im SECTION III — LIMITS OFINSURANCE. All other tenma.uonditiona.andexmookonuumderthe policy are applicable tuthis endorsement Page 1 of 3 ' POLICY NUMBER: PHPK1610179 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization where required by written contract executed prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". 'This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page I of 9 13 POLICY NUMBER: PHpK1610179 COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the folJowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organ ization(s): Locatio,n(s) Of Covered Operations All The City of Santa Ana, Its officers, employees, agents, volunteers and representatives Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section U —*VhmhmAm Insured is amended to include as an addifinna| insured the (a) or organization(s) shown in the Schedu|e, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injur/' caused, imwhole orin part, by� 1. Your acts oromiaaiowor 2. The acts or omissions of those acting on your behalf-, in the performanceofyourongoingopenstiomafor the additional insured(s) at the location(s) deoig- nmkedabowe. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply ho"bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such wodk, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been oump|ahad�mr 2. That portion of 'your work" out of which the injury mrdamage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora princi- pal oeepart mfthe same project. @ ISO Properties, |no,2QO4 9 Page 1 of I O WORKERS' COMPENSATION DECLARATION Matthew Junior hereby affirm under penalty of perjury, the (Name/Title) following declaration I certify on behalf of Sk hawks Sports Academy that during the term of my (ConsultantlCompany Name) contract for recreational sports services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: 1 /25/17 By: Name: Matthew Junior Title: Area Manager Telephone: 714-594-9173 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY' S FEES.