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HomeMy WebLinkAboutCandice Kaal-Jack dba Carlsbad Academy of Dance; 2015-09-25;AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR DANCE SERVICES CANDICE KAAL-JACK DBA CARLSBAD ACADEMY OF DANCE 2 is erwred into and effective as of the L/±h day of _.,,....=e-~:-7t.,,.,,......,_~"""--"""'-'--' 20_J.::f._, extending the agreement dated September 25, 2015 (the "Agr ement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Candice Kaai-Jack OBA Carlsbad Academy of Dance, a sole proprietor, ("Contractor") (collectively, the "Parties") for teaching and instructing dance classes. RECITALS A. On October 5, 2017, the Parties executed Amendment No. 1 to the Agreement to extend dance services for two years, ending September 25, 2019. B. The Parties desire to extend the agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending September 25, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. II II II II II II II II II City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR Bye#£ (sign here) Cf\NDICF kJ\:>'t-L-J AC~ (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~~ ParkscreationDirector, ATTEST: \k NdJZ ztLpilU--/ / JAR BARA ENGLESON !J CTTy Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 ___.., DATE (MM/DD/YYYY) ACC>RY CERTIFICATE OF LIABILITY INSURANCE 03/21/2019 ~ PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Maguire Insurance Agency, Inc. FWt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 Bala Plz Ste 100 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Bala Cynwyd, PA 19004 -1401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 610.617.7900 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Philadelphia Indemnity Insurance Company 18058 CANDICE KAAL-JACK INSURER B: 256 Hacienda Dr INSURER C: Vista, CA 92081-INSURER 0: INSURER E: COVERAGES 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/00/YYYY) DATE (MM/DD/YYYY) LIMITS A X GENERAL LIABILITY PHPK1662949-06/03/2019 06/03/2020 EACH OCCURENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY 002 PREMISEs1(~aK~~~~~~encel $100,000 -D CLAIMS MADE GJ OCCUR MED EXP (Any one person) $2,500 X PROFESSIONAL LIABILITY t--PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 t--./ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $3,000,000 r;-i POLICY n PROJECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT t--(EA accident) ANY AUTO t-- t--ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) t-- HIRED AUTOS BODILY INJURY t--(Per accident) NON-OWNED AUTOS t-- t--PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT R ANYAUTO OTHER THAN EAACC AUTO ONLY: AGG EXCESS/ UMBRELLA LIABILITY EACH OCCURENCE D OCCUR □ CLAIMS MADE AGGREGATE R DEDUCTIBLE RETENTION VVUI\I\Cli.> _....,,.,,. .. ,~_,,., 1 IUl'ill A.l'ILJ I fo~Y1UMITs I I u n-EMPLOYERS' LIABILITY □ ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED' (Mandatory in NH) E.L. DISEASE -EA AMPLOYEE If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS It is understood and agreed that the following entity is added as an additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Carlsbad, and their respective elected officials, officers, employees, agents, volunteers and THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE representatives. CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR 3096 Harding St LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Carlsbad, CA 92008-2320 AUTHORIZED REPRESENTATIVE R~C3-;y_ ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) ~ DATE (MM/DD/YYYY) ACORc:l' CERTIFICATE OF LIABILITY INSURANCE 08/12/2019 '---- PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Maguire Insurance Agency, Inc. FWI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 Bala Plz Ste 100 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Bala Cynwyd, PA 19004 ·1401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 610.617 7900 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Philadelphia Indemnity Insurance Company 18058 CANDICE KAAL-JACK INSURER B: 256 Hacienda Dr INSURER C Vista, CA 92081-INSURER D. INSURER E· COVERAGES 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) LIMITS A X GENERAL LIABILITY PHPK1662949-06/03/2019 06/03/2020 EACH OCCURENCE $1,000,000 ,--PREM1$Es11Ea"~~~~~~encel X COMMERCIAL GENERAL LIABILITY 002 $100,000 ,--~ CLAIMS MADE GJ OCCUR MED EXP (Any one person) $2,SOO - X PROFESSIONAL LIABILITY PERSONAL & ADV INJURY $1,000,000 -GENERAL AGGREGATE $3,000,000 -GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 --;-i POLICY n PROJECT n LDC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA accident) - ALL OWNED AUTOS BODILY INJURY -(Per person) SCHEDULED AUTOS -HIRED AUTOS BODILY INJURY -(Per accident) NON-OWNED AUTOS -PROPERTY DAMAGE -(Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ~ ANYAUTO OTHER THAN EAACC AUTO ONLY. AGG EXCESS/ UMBRELLA LIABILITY EACH OCCURENCE ~ OCCUR □ CLAIMS MADE AGGREGATE ~ DEDUCTIBLE RETENTION EMPLOYERS' LIABILITY OV""'W I 'foLRY\JM~Ts I j v,n- □ ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED7 (Mandatorv in NH) E.L DISEASE -EA AMPLOYEE If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS It 1s understood and agreed that the following entity is added as an additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Carlsbad THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 3096 Harding Street, CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR Carlsbad, CA 92008· LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE R~~~ ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) POLICY NUMBER: PHPK1662949-002 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl Or Organization(s): City of Carlsbad 3096 Harding Street, Carlsbad CA 92008- Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY CHANGE DOCUMENT POLICY NO: CHANGE# 2 CHANGE EFFECTIVE: 08/12/2019 PHPK1662949-002 Philadelphia Indemnity Insurance Company PRODUCER: Maguire Insurance Agency, Inc. FWI NAMED INSURED: MAILING ADDRESS POLICY PERIOD: DESCRIPTION: CANDICE KAAL-JACK 256 Hacienda Dr Vista, CA 92081- FROM 06/03/2019 TO 06/03/2020 at 12:01 A.M. Standard Time at your mailing address shown above. In consideration of the premium reflected, the policy is amended as indicated below: Add Al to City of Carlsbad Certificate Total Annual Additional/Return Premium Total Annual Additional/Return Tax/Surcharge/Fee $0.00 $0.00 Total Prorate Additional/Return Premium Total Prorate Additional/Return Tax/Surcharge/Fee Page 1 of 1 $0.00 $0.00 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR DANCE SERVICES CANDICE KAAL-JACK DBA CARLSBAD ACADEMY OF DANCE C) ffi ,l\rn~ndment No. 1 is entered int~ and effective as of the -.:yti'] day of (.7 1 ~ , 20 1'1, extending the agreement dated September 25, 2015 (the "Agreement") by and between theaty of Carlsbad, a municipal corporation, ("City"), and Candice Kaai-Jack OBA Carisbad Academy of Dance, a sole proprietor, ("Contractor") (collectively, the "Parties") for teaching and instructing dance classes. RECITALS A. The Parties desire to extend the agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending September 25, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. II II II II II II II II II City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CAND\Cf.. ~L--.JhLl<- (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Parks &~ector ATTEST: ( J,_,ryyy,Ao-12771 ?lt,t~tV ~ BARBARA ENGLESON Z· - City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney BY:_-=~-~~~~-- £l..6.sista1 ,t City Attorney k;~ City Attorney Approved Version 1 /30/13 2 ~ DATE (MM/DD/YYYY) ACORD" CERTIFICATE OF LIABILITY INSURANCE 09/27/2017 -----PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Maguire Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 27101 Puerta Real Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Mission Viejo, CA 92691-ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 877.438.7459 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Philadelphia Indemnity Insurance Company 18058 CANDICE KAAL-JACK INSURER Be 256 Hacienda Dr INSURER Cc Vista, CA 92081-INSURER De INSURER Ee COVERAGES 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 CERIFICATION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE (MM/DD/YYYY) LIMITS A X GENERAL LIABILITY PHPK1662949-06/03/2017 06/03/2018 EACH OCCURENCE $1,000,000 - X COMMERCIAL GENERAL LIABILITY 000 PREMISEs 1rEa ~i~~~ ~~ence I $100,000 -~ CLAIMS MADE GJ OCCUR MED EXP (Any one person) $2,500 - X PROFESSIONAL LIABILITY PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $3,000,000 - GEN'L AGGREGATE LIMIT APPLIES PERc PRODUCTS-COMP/OP AGG $3,000,000 --;;-i POLICY n PROJECT n LDC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -ANY AUTO (EA accident) - ALL OWNED AUTOS BODILY INJURY - SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE -(Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ~ ANYAUTO OTHER THAN EAACC AUTO ONLYc AGG EXCESS/ UMBRELLA LIABILITY EACH OCCURENCE :::J OCCUR D CLAIMS MADE AGGREGATE ~ DEDUCTIBLE RETENTION wunoc OU,.MU o I foLRY 1UM~Ts I I ER . EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT (Mandatory in NH) E.L. DISEASE -EA AMPLOYEE If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS It is understood and agreed that the following entities: City of Carlsbad, and their respective elected officials, officers, employees, agents, volunteers and representatives are added as additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Carlsbad, and their respective elected officials, officers, employees, agents, volunteers and THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE representatives. CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE ND OBLIGATION OR 3096 Harding St LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Carlsbad, CA 92008-2320 AUTHORIZED REPRESENTATIVE R~--~--9 _ _<3~ ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) POLICY NUMBER: PHPK1662949-000 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad, and their respective elected officials, officers, employees, agents, volunteers and representatives. 3096 Harding St Carlsbad CA 92008-2320 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY CHANGE DOCUMENT POLICY NO: CHANGE# 3 CHANGE EFFECTIVE: 09/11/2017 PHPK1662949-000 Philadelphia Indemnity Insurance Company PRODUCER: Maguire Insurance Agency, Inc. NAMED INSURED: MAILING ADDRESS POLICY PERIOD: DESCRIPTION: CANDICE KAAL-JACK 256 Hacienda Dr Vista, CA 92081- FROM 06/03/2017 TO 06/03/2018 at 12:01 A.M. Standard Time at your mailing address shown above. In consideration of the premium reflected, the policy is amended as indicated below: Amending Additional Insured: Amending Additional Insured name Total Annual Total Prorate Additional/Return Premium $0.00 Additional/Return Premium Total Annual Total Prorate Additional/Return Additional/Return Tax/Surcharge/Fee $0.00 Tax/Surcharge/Fee Page 1 of 1 $0.00 $0.00 AGREEMENT FOR DANCE SERVICES CANDICE KAAL-JACK DBA CARLSBAD ACADEMY OF DANCE THIS AGREEMENT is made and entered into as of the _ day of ^^^^{)\rPr\t^^ 20i57by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Candice Kaal-Jack DBA Carisbad Academy of Dance, a sole proprietor, ("Contractor"). RECITALS A. City requires the professional services of a dance class provider that is experienced in teaching and instrucfing dance classes. B. Contractor has the necessary experience in providing professional services and advice related to teaching and instructing dance classes. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and condifions. The City expects the result of Contractor's services to be the enjoyment and increased knowledge, skill, and/or ability of course participants. Contractor has sole control over the manner and means of accomplishing this result however, the City may monitor Contractor's course(s) to confirm that this result is being achieved and that CONTRACTOR is complying with the terms of this Agreement. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 2 additional 2 year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length ofthe extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION City will collect the fee specified in Exhibit "A", plus a transaction, and non-resident fee, if applicable, from each participant who registers for Contractor's course(s). As payment for Contractor's service(s). Contractor will receive an amount equal to sixty percent (60%) of the City Attorney Approved Version 6/23/15 fees specified in Exhibit "A" collected for each course, excluding transaction fees, non-resident fees and/or any fees that are refunded. Contractor will be required to set class fees within the current market range, excluding any fees set by City Council. The City reserves the right to deny a contract or class if fees do not fall within this range. To be paid for a course. Contractor must submit an email or written request to initiate payment to the City for all courses/camps. The request to initiate payment must be submitted after the end of the course. The request to initiate payment must be accompanied by the course/camp acfivity numbers. Contractor must submit written or e-mail approval for total final amount owed on Instructor Payment Due Report. Failure to list the activity numbers or approve final amount owed may result in a denial or delay in payment. In most cases, the City will pay the invoice or request for payment within ten to fifteen business days after its receipt and verification. Contractor understands that filing a false claim for payment may subject Contractor to civil penalfies under California Government Code sections 126S0, et seq., and Carlsbad Municipal Code section 3.32.025. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensafion to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, refirement contribufion, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version 6/23/15 8. Instructor and Assistant(s) Contractor shall designate the Instructor in Exhibit "A" attached hereto. Contractor may utilize, at Contractor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services required by this Agreement. Contractor may not utilize anyone who is not listed in Exhibit "A" without obtaining the prior approval of the Parks and Recreation Director, Recreation Area Manager or designee and, if applicable, providing the City's Parks & Recreation Department with the criminal history background check with Live Scan fingerprint and TB test information discussed in paragraph 11 and the certificafions discussed in paragraph 12 below. Assistants must be at least 16 years of age and have a valid work permit. Assistant may not teach in place of the Contractor without prior approval of the Recreation Supervisor or Area Manager. Assistants teaching in place of the Contractor must be at least 18 years of age. Contractor is solely responsible for supervising the work of the assistant(s) to ensure compliance with this Agreement. 9. Ratio. Instructor is responsible for maintaining the following adult to child rafios: 9.1 Classes 9.1.1. 1 Instructor for 20 students (Ages S and up) at most 9.1.2. 1 Instructor for 8 students (Ages 4 and below) at most 9.2 Camps 9.2.1. 1 Instructor for 1S students (Ages 5 and up) at most 9.2.2. 1 Instructor for 6 students (Ages 4 and below) at most 10. Rules and Safety. Contractor will be required to comply with the Carisbad Parks & Recreation Department's Safety Rules and participate in a Contractor Instructional Services Agreement renewal meeting each year. (See 2015 Instructor Information Booklet) Contractor is also required to have all participants in classes or camps sign in and out by an authorized adult ifthe participant is a minor. 11. TB Test and Background Check. Prior to performing any work under this Agreement, Contractor and Contractor's assistant(s) must provide proof of a negative TB test taken within the last four years. If a course Is open to minors. Contractor and Contractor's assistant(s) must complete a criminal history background check. The criminal history background check requires Contractor and Contractor's Assistant(s) to have Live Scan fingerprints processed by the City. Should Contractor or Contractor assistant(s) criminal history background check reveal the existence of prior convictions, the City may immediately terminate this Agreement and/or disqualify Contractor or Contractor's assistant(s) from performing future instructional services for the City. 12. Certifications. If applicable. Contractor and Contractor's Assistant(s) must provide the City with the following certificafions, which must remain valid throughout the durafion of this contract: [INSERT LIST OF CERTIFICATIONS]. If any certificafion(s) will expire during the term of this Agreement Contractor and Contractor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. 13. Mandated Reporter(s). If a course is open to minors, making Contractor and Contractor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 11165.7(a), Contractor and City Attorney Approved Version 6/23/15 Contractor's assistant(s) will comply with the mandatory reporting requirements contained in California Penal Code section 11166, which is attached as Exhibit "D" to this Agreement. 14. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 15. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectiy employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 16. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of tiie services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vir'; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rafing Guide of at least "A:X"; OR an alien non-admitted insurer listed by the Nafional Associafion of Insurance Commissioners (NAIC) latest quarterly lisfings report. 16.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitafions or cap on Contractor's indemnificafion obligafions under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an addifional insured. 16.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage, ffthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 16.1.2 Athlefic Participant/Participant Legal Liabilitv and Sexual Abuse and Molestafion coverage (if there are athlefic participants). $1,000,000 combined single-limit per accident for bodily injury and property damage. 16.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's safisfaction, a declaration stating this. City Attorney Approved Version 6/23/15 16.2 Addifional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 16.2.1 The City, its officials, employees and volunteers will be named as an addifional insured on Commercial General Liability which shall provide primary coverage to the City. 16.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 16.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written nofice to City sent by certified mail pursuant to the Nofice provisions of this Agreement 16.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 16.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on exisfing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 16.5 Submission of Insurance Policies. City reserves the right to require, at any fime, complete and certified copies of any or all required insurance policies and endorsements. 17. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 18. Copyrights Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 19. NOTICES Notices between the Contractor and the City may be made by either personal delivery, email or by first-class mail. Mailed nofices must be sent to the addresses listed in the introductory paragraph, unless changed in wrifing in accordance with this paragraph. Personally delivered nofices will be considered communicated on the day they are actually received. Emailed or mailed notices will be considered communicated on the day they are actually received or five days after their mailing, whichever occurs first. City Attorney Approved Version 6/23/15 The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Brandon Hills Name Candice Kaal-Jack Title Recreafion Specialist Title Owner Department Parks and Recreation Address 256 Hacienda Drive City of Carisbad Vista CA 92081 Address 2997 Glasgow Drive Phone No. (760)271-1471 Carisbad, CA. 92010 Email candicekaal@hotmail.com Phone No. 760-434-2971 Each party will notify the other immediately of any changes of address that would require any nofice or delivery to be directed to another address. 20. Course Roster Prior to the first class date. Contractor will pull rosters from the City's ActiveNet registration software, at https://apm.activecommunities.com/citvofcarisbad. Contractor will verify the information contained on the roster against actual attendance on the first class date and report any discrepancies to the City by the end of the next business day. Contractor will not allow a person to participate in a course unless the person appears on the course roster and has signed an electronic annual liability waiver form. 21. Course Advertisement The City will advertise the Contractor's course(s) in the upcoming Community Services Guide(s) and in any other manner the City determines is appropriate. Contractor may also advertise Contractor's course(s) in any manner Contractor determines is appropriate, subject to the prior approval of the City. Marketing materials must be submitted to the City for approval at least 14 days prior to distribution. (See - 2015 Contract Instructor Information Booklet). Contractor must obtain photo releases from any enrollee prior to any marketing or promotion with use of photos of enrollees. 22. Attendance Prior to the first class date of each course, the Contractor will go online to the registration website and print a class attendance sheet. Contractor will mark each day's attendance on the class attendance sheet and submit the completed attendance sheet to the City at the end of the course. Contractors are responsible for contacting participants who have not attended the first class and notify the Instrucfional Class Division. Sheets may be dropped in the facility mailbox prior to leaving for the evening on the last class ofthe course. 23. Use of City Facilities The City will allow Contractor to use the City facility(ies) identified in the Carisbad Community Services Guide on the day(s) and at the fime(s) indicated. The rules for use of the facility(ies) are contained in Exhibit "B." Contractor is responsible for ensuring the Instructor, Instructor's assistant(s), and the participants in Instructor's course(s) are informed of and comply with these rules. Contractor must abide by the start and end fimes of each class/camp stated in Exhibit A. Failure to abide by the start and end fime listed in Exhibit A for any class/camp may result in termination of contract. City Attorney Approved Version 6/23/15 If any injury, lost child, or property damage occurs during a class or camp. Contractor must promptiy report the injury, lost child, or property damage to the facility attendant on duty (after any necessary first aid or emergency services are rendered). The 2015 Instructor Information Booklet provide specific instructions on how to handle emergencies. The Contractor will also report as a witness on the injury/incident report. If there is no facility attendant on duty. Contractor must report the injury, lost child, incident, or property damage to the Parks & Recreafion Director, a Recreation Area Manager or designee immediately. 24. Canceling Course(s) The City, after first notifying Contractor, may cancel a course if the City does not receive registrafion forms and fees from the minimum number of at least 5 participants or the minimum specified in Exhibit "A" at least two days prior to the first class date for a course. Contractor will not be compensated for any course canceled due to low enrollment. 25. Canceling or Rescheduling Class Date(s) Contractor may not cancel or reschedule a class date without the prior written approval of the City's Parks & Recreation Director, Recreafion Area Manager or designee. Contractors are solely responsible for informing enrollees of any cancelations or rescheduling of classes. 26. CONFLICT OF INTEREST If requested. Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 27. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulafions which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulafions and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulafions. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 28. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulafions prohibifing discrimination and harassment 29. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolufion within ten (10) business days. Ifthe resolufion thus obtained is unsafisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solufions recommended by each party and may then opt to direct a solufion to the problem. In such cases, the action of the City Manager will be binding City Attorney Approved Version 6/23/15 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 30. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notificafion of terminafion. City will make a determination of fact based upon the service delivered and of the percentage of service that Contractor has performed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determinafion as to the portions of tasks completed and the compensafion to be made. 31. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other considerafion confingent upon, or resulfing from, the award or making ofthis Agreement. For breach or violafion of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or confingent fee. 32. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of lifigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecufion. Contractor acknowledges that California Government Code secfions 12650 etseq., the False Claims Act applies to this Agreement and, provides for civil penalfies where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (S) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 33. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 6/23/15 34. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 35. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the enfire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a wrifing signed by both parties. // // // // // // // // // // // // // // // // // // City Attorney Approved Version 6/23/15 36. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and condifions of this Agreement. CONTRACTOR SEE NOmRY ATTACHilErJT A n (si^Tiere) (print name/titie) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Chris Hafeltic Parks & Recreation Director ATTEST: BARBARA ENGLESON ^ City Clerk ^ (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWEE^^ttorney BY: Ag^i^tant City Attorney City Attorney Approved Version 6/23/15 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On n >C>\S before me, Lynn D Trude, Notary Public Dafe personally appeared Here Insert Name and Title of the Officer Name^ of Signer(3^ who proved to me on the basis of satisfactory evidence to be tl^ Rg|:5oril^ whose name|^(i^ai!6> subscribed to the within instrument and acknowledged to me that nfe/l^^hj^ executed the same in hfsj^e^Hetr authorized capacity(ife^, and that by h*Sl5he^thfeir slgnature(^n the instrument the person(^ or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. t > > • ^ o LYNN 0. TRUDE Commission # 2013844 Notary Public - California 1 San Diego County My Comm. Expires Mar 22,20171 WITNESS my hand and official seal Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . \ \ I \v«>'^ C®''''' V^*^ . Title or Type of Document: *^c^t.t<w^/'^*^<<NA»^\ p>>ckV?><^ Document Date: . Number of Pages: \'-^ Signer(s) Other Than Named Above: ^ 1 >^ Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General ^Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): n Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NafionalNotary.org • 1-80Q-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. Contractor Name: Candice Kaal-Jack Address: 256 Hacienda Drive Vista CA 92081 Phone: (760)271-1471 E-Mail: candicekaal@hotmail.com Class Title: Princess Ballet Class Description: This magical class is for every little giri who dreams of becoming a princess! Using wands, wings, crowns, dress-up and more! Princesses will learn grace and poise in addition to the fundamentals of ballet as they become transformed into their favorite princesses and learn dances while listening to their favorite songs. Class Minimum: 5 Class Maximum: 15 Ages: 3 to 6 years Fees; $40.00 (5 weeks) Class Title; Princess Ballet/Tap Class Description; We will use a variety of props to enhance their imagination and enjoyment through two fundamental styles of dance and each class your little girl will become the princess of her dreams! This is a great class for children who are getting ready to attend preschool for the first time. Class Minimum: 5 Class Maximum: 15 Ages: 3 to 7 years Fees: $40.00 (5 weeks) Class Title; Superhero Dance/Tap Class Description; This imaginative class is for every little boy or giri who dreams of becoming a superhero! Capes, crowns, light sabers, and various props will be provided to enhance creativity and enjoyment through two fundamental styles of dance. Class Minimum: 5 Class Maximum: 15 Ages: 3 to 7 years Fees: $48.00 (6 weeks) City Attorney Approved Version 6/23/15 11 Class Title; Ballet Beginning Class Description: Dance fosters good posture, grace and musicality while encouraging creativity and self-expression through movement. This introductory class fosters a love of dance. Classes consist of warm up, stretches and working at the barre. Dancers also perform exercises across the floor and in center. Class Minimum: 5 Class Maximum: 15 Ages: 3 to 6 years Fees: $40.00 (5 weeks) Class Title: Ballet Elementary Class Description: Prerequisite: One year of Ballet Beginning. Dancers are introduced to new steps and emphasize technique. Body placement, poise, grace, terminology and musicality are fostered. Each class consists of instructor led warm up and stretch at the barre. Center jumps, turns & slow adagio are taught. Across the floor leaps and turns. Minimum: 4 Class Maximum: 15 Ages: 7 years to 12 years Fees: $49.00 (5 weeks) Class Title; Ballet Intermediate/Advanced Class Description: -Ballet Intermediate Prerequisite; Mastery of Ballet Elementary curriculum. Clean double pirouette, 90 degree extension, ballet barre combinations to improve strength and technique required for center placement, proficient grasp of Ballet II steps, and terminology. Students work on refining their personal understanding of proper technique and placement. -Ballet Advanced Prerequisite: Mastery of Ballet Intermediate curriculum. Dancers build on previous ballet experience, and focus on fine tuning techniques and working on advanced combinations. Minimum: 5 Class Maximum: 15 Ages: 8 years to 18 years Fees; $49.00 (5 weeks) Class Title; Ballet Advanced Class Description: Prerequisite: Mastery of Ballet Intermediate curriculum. Dancers build on previous ballet experience, and focus on fine tuning techniques and working on advanced combinations. Minimum: 4 Class Maximum: 15 Ages: 8 years to 19 years Fees: $49.00 (5 weeks) City Attorney Approved Version 6/23/15 12 Class Title; Ballet: Pre-Pointe & Pointe Class Description: Prerequisite: Mastery of Ballet Advanced curriculum. Dancers build on previous ballet experience and focus on fine tuning techniques and working on advanced combinations. Beginning pointe and preparation for pointe will also be emphasized. Minimum: 5 Class Maximum: 15 Ages: 11 years to 21 years Fees; $49.00 (5 weeks) Class Title: Ballets Tap I Class Description: Dance fosters good posture, grace and musicality while encouraging creativity and self-expression through movement. Class consists of warm up, exercises in center and across the floor. Dancers will also learn to do shuffles, flaps, flap heels, toe taps and heel drops in various combinations. Minimum: 5 Class Maximum: 15 Ages: 4 -7 years Fees; $40.00 (5 weeks) Class Title; Ballet and Tap I & II Class Description; Dance fosters good posture, grace and musicality while encouraging creativity and self-expression through movement. Class consists of warm-up, stretches, exercises in the center and across the floor. Dancers will also learn to do shuffles, flaps, flap heels, toe taps and heel drops in various combinations. Minimum: 5 Class Maximum: 15 Ages: 4 years to 8 years Fees: $49.00 (5 weeks) Class Title: Lyrical Jazz Intermediate/Advanced Class Description; Lyrical builds on elements of ballet. Dance will be expressed through the lyrics of music, demonstrating how lyrical song and movement go together. Lyrical attire is similar to that of a ballet class and dance shoes are required. This is a continuous program that offers recital participation Minimum: 5 Class Maximum: 15 Ages: 9 to 18 years Fees: $48.00 (5 weeks) Class Title: City Attorney Approved Version 6/23/15 13 Lyrical Jazz Elementary Class Description: This class incorporates lyrical ballet with jazz. The dancer will focus on traditional ballet technique by stretching in the center, followed by across the floor. At center, a lyrical combination will be taught which will combine both ballet technique and various jazz styles. Minimum: 5 Class Maximum: 15 Ages: 5 years to 9 years Fees: $48.00 (Sweeks) Class Title: Jazz and Tap Elementary Class Description: Dancers build on their current experience and focus on fine tuning their technique. Students will learn isolations, pirouettes, and leap combinations across the floor. Tap will consist of shuffles, flaps, flap heels, toe taps, heel drops and will be taught at faster rhythms and more complex combinations. Minimum: 5 Class Maximum: 15 Ages: 6 years to 16 years Fees; $48.00 (Sweeks) Class Title: Adult Ballet Class Description: Enjoy learning ballet while developing confidence, mental concentration, physical coordination and grace. This class is for students seeking an introduction to ballet or experienced dancers who just want to dance. Please note that students wanting to wear pointe shoes may do so at their own risk and at the discretion of the instructor. Minimum: 5 Class Maximum: 15 Ages: 18+ Fees: $50.00 (Sweeks) Class Title: Princess Ballet/Tap (non-recital) Class Description: We will use a variety of props to enhance their imagination and enjoyment through two fundamental styles of dance and each class your little giri will become the princess of her dreams! This is a great class for children who are getting ready to attend preschool for the first time. Minimum: 5 Class Maximum: 15 Ages: 3 years to 6 years Fees; $48.00 (6 weeks) City Attorney Approved Version 6/23/15 14 Kathy Hamilton From: Sent: To: Cc: Subject: Dear Consultant: Kathy Hamilton Wednesday, September 30, 2015 10:19 AM 'candicekaal@hotmail.com' Brandon Hills; Shelley Collins; Donna Heraty Form 700 -Conflict of Interest -It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement Regarding your agreement with the City of Carlsbad for dance services- If your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2917 I Shelley.Collins@carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews 4