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Home My WebLink AboutCREATIVE PARTIES FOR KIDS (2)City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. 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-2018-077 was completed on 5I y (List all amendments. Use space below if needed.) COTC Office Use JUL 19 PM 3: n b Y OF SANTA ANA ERK OF COUNCIL and final payment has been made. Department: V U-9 A Phone/Ext.: �� Signature: 'tz�a—p�]��4 Al�/J a Date: � 10 I I Revised: 10-18-16 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1: f�-o? CLERK OF COUNCIL DATE: VAy 2 2 2018 O: PRCS ( ®) Silvia Cuevas May 10, 2018 Creative Parties for Kids ("Speaker/Performer") 337 E. Grove Ave Orange, CA 92867 Re: Sneaker/Performer Engagement Agreement N-2018-077 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description: Santa Ana Public Library 2018 Summer Programs Kick-off Event. 2. Date(s): Saturday, May 19, 2018 3. Event Time(s): 10:00am—12:OOpm 4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property") 5. Compensation: $225.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: No equipment provided, however, City is responsible for setting up the space for the patrons attending and advertising the program. 7. Equipment provided by Speaker/Performer: All equipment, materials, supplies and personnel necessary to provide Airbrush Tattoos services for a period of two hours during event. A City employee will be present at booth at all times during these services. 8. City Contact Person (for coordinating purposes only): Patty Lopez (714) 647-5325 9. Independent Contractor: Speaker/Performer 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 Speaker/Performer performs the services that are the subject matter of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner consistent with all applicable standards and regulations. Speaker/Performer 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. 1.0. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. IL Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. Letter Agreement — Creative Parties for Kids N-2018-077 Page 2 12. Commercial General Liability Insurance. Speaker/Performer 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 Speaker/Performer'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, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions. 13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speaker/Performer's presentation to the City community or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 15. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. 16. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the state of California. Both parties 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. 18. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. CITY OF SANTA NA SPEAKER/PERFORMER &L RAUL GODINE Name: Lisa Cohen City Manager Title: Owner ATTEST: �- APPROVED AS TO FORM: i ram, ,t PQ -B�OUAro., It = ARIA D. HUIR /al ZAR Laura Rossini 14 Clerk of the Council Senior Assistant City Attorney RECOMMENDED FOR APPROVAL (:� Gerardo Mouet, Executive Director, PRCSA N-2018-077 /tEq�Rbr CERTIFICATE OF LIABILITY INSURANCE OATa,NMOOIYYYY) 04/16/2018 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcyiles) must have ADDITIONAL INSURED provisions or be sndoraod. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cedaln policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsomontis . PRODUCER No Hassle Insurance Agency 1400 E. Cooley Dr. Ste. 202•A Colton, CA 92324 MCO E: A JORGE OR02Co ^ pH4 0 888 440.4094 C. SQg 7S8.7900 _1'A(A Mna ss• loroxco nohassieln_s.net _..__ INSURERNSI APFCRDIae COVERAOE NAICB License#: OE74924 NSURERA United S ecialty Insurange C IN8URED Lisa Cohen INSURER 3; INSURER O: DBA: Creative Parties For Kids NSURERD: 337 East Grove AGe _ INSURERE! Orange, CA 92807 INSURERS] THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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, lLTR TYPE OF INSURANCE A OLB BR POLICY NUMBER F�LppY 6PV POLICYEXP LRAITS A X COMMERCIAL GENERAL LIABILITY CI -AIMS_ ®OCCUR Y USA4182564 08123/2017 09123NO18 EACH OCCURRENCE 3 1,000,000 P (1511 �-RENMoreno)3 100,000 _ 8 6,000 MEDEXP(Arrone arson) PERSONAL&ADV INJURY _ S 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: )C POLIGY❑,IpCT �LOC GENERAL AOOREOATE $ 2000 Goo PRODUCTS •COMP/OP AGO $ 2000000 $ OTI IC-ft; AUTOMOBILE UABPJTY OIIDINl,11 SINGLE LIMIT $ ANYAUTG O OWNED SCHEOULED ALITOSONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY e0014V INJURY (Per person) $ BOGILY INJURY (Per accident) $ P 0 E 'Y DAMAGE eremident $ ' UMBRELLALIAB1_1 OCCUR EACH OCCURRENCE $ EXCE88 LABCLAIMS-MADE _—_. _... .E AGGREGATE _..... $ QED RF,T ION$ _ $ _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIF.TORIPARTNERIFXECUTIVE OFBGERIMEMaER EXCLUDED? (Mandatary In NH) OESNIIl Yyes tlescdba under R0 'O OPERATONS below NIA mmE.L•018EASE•POLICY TFN - ER E.L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYE $ LIMIT $ DESCRIPTION OF OPERA710N3I40CATIONSIYEHICLES (ACOR0101, Addlllonpl RaroarNe 8ohotlulp, may 6e pltaehed tl moroeppeq N roqulrod) The City of Santa Ana, It's officers, agents and employees representative are named as addition II 1,r9 30 days cancelation notice to be mailed out to Certificate Holder. ll5 v`�� CITY OF SANTA ANA 20 CIVIC CENTER PLAZA Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD AUUItU 25 (ZU3U/U3) The ACORD name and logo are registered marks of ACORO Fichte ENDORSEMENT DNDT,NO. PRIMARY BLANKET ADDIT�gNAL INSURED fad IT IS AGREED COVERAW,, IS PROVIDED TO THE ADDITIONAL INSURED(B) AS POLLOW$: 1, SECTION 11 OF THE POLIOY (WHO IS AN INSURED) IS AMENDED TO INCLUDE ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED HAS AGREED IN AN INSURED CONTRACT TO NAME AS AN ADDITIONAL INSURED PROVIDED THE BODILY INJURY OR PROPERTY DAMAGE OCCURS, SUBSEQUENT TO THE SXECUTICN OF THE INSURED CONTRACT AND THE BODILY INJURY OR PROPERTY DAMAGE ARISE$ FROM YOUR WORK PERFORMED DURING THE POLICY TERM. 2, PARAQRAPM 6,0, 16 HEREBY ADDED TO SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, OF THE POLICY, AS'FOLLOWS: O. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN PARAGRAPHS 6A., 04,, OR 0.0. HEREOF, THE INDEMNITY PROVIDED BY THIS INSURANOE IS PRIMARY AND NON, CONTRIBUTORY FOR ANY PERSON OR ORGANIZATION THAT 15 AN ADDITIONAL INSURED UNDER THIS POLICY AND THAT YOU HAVE AGREED, IN AN INSURED CONTRACT, TO PROVIDE PRIMARY ADDITIONAL INSURED COVERAGE. 3 THE APPLICAe4 r; LIMIT OF THE COMPANY'$ LIABILITY SHALL NOT BE INCREASED BY THE INCLUSION OF ANY NUMBER OF ADDITIONAL INSUREDS, 4 OTHER THAN AS EXPRESSLY MODIFIED HEREIN, COVERAGE FOR THE ADDITIONAL INSURED IS GOVERNED BY THE TERM$ AND CONDITIONS OF THIS POLICY, INCLUDING THE IN$URINO AQREEMENT$. 6 TIME COVERAGE FROVIDED FOR THE ADDITIONAL INSURED IS ONLY TO THE EXTENT OF DAMAOCa FROM BODILY INJURY -OR-- PROPERTY _ DAMAGEARISINGOUT OF THE -- NEGUO12NOE OR $TRIQT LIABILITY OF THE NAMED INSURED, NO COVERAGE IS PROVIDED POP. BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF ACT;>, ERRORS, OR OMISSIONS OF THE ADDITIONAL INSURED. $. NO COVERAGE IS PROVIDED TO AN ADDITIONAL INSURED FOR DAMAGE$ BECAUSE OP BCQILY INJURY TO AN EMPLOYEE OF' THE NAMED INSURED, VVHSTHER SUIT 1$ BROUQHT OR CLAIM 15 MADE BY THE EMPLOYEE OR 71-1E PARENT, SPOUSE, CHILD OR SIBLING OF $UGH EMPLOYEE, OR ANY ENTITY SgigKINO DAMAGES DECAUBG OF INJURY TO SUCH EMPLOYEE"-. ALL EITHER TERMS AND CoND1TiON8 OF THIS POLICY REMAIN UNCHANGED. POloy Number __.. .._Insured -...__._._._.,_.... -- "il0*0 USA4182684 Lisa Co hen DSACreaflvo ParUes For Klds n`'061e017 Unlind Speofelly Insuranaecompany ll 2609 WtUiTCAP THIS ENDORSE,NIENT CHANOE8 THE POLICY, PLEASE READ IT CAREFULLY, PRIMARYAND NON CONTRIBUTORY — OTHER INSURANCE CONDITION This endorsement modlfles Insttranoo provided under the following: COMMERCIAL QFNERAL LIABILITY COVERAGE PART PROWMICOMPLETED OPERATIONS. LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition and suporsndea any provlolon to the oontrary: Primary And Nonoontributory Insuranao This Insurance is primary to and will not oeeh contribution from any other Insurance available to an additional Insured under this polloy provided that; (1) The additional Iraured Is a Named Insured underauch other hauranee; and (2) You hoveagreedIn writing in a contract or agmement prior to the Injury or damage that this Insurance would be primary anti Would not seek conbIbufion from any other Insurance avalleblo to the nddlllonal Insured. However, the Inauranco provided under this endersement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OFTI 118 POLICY REMAIN UNAFANOED. This ondoroomont forma a part of the Policy to which attachod, offsotiva en the Inoeptlon data of ilie Polley unless eiherwise stated hersin, (Thn fbllnwing hlformatisn Is required only when this endorsemant is Issued subsequent 10 pfnpnrallon of tha Poifoy.) Gndoreamonl offoctive 08/23/2017 Polloy No. USA4182604 Endorsamarlt No, 437U•C.U214 Named Insurod nay Pro Property solutions Inc Qb " Countarnighod by_ PM IC-GL-I002(10/2015) vim.'" '[.,�7�✓ Ord I is N-2018-077 WORKERS' COMPENSATION DECLARATION hereby affirm under penalty of perjury, the (Name/Title) following declaration ; I certify on behalf of ('r e l I . (';1 rAor(I-r hat during the term of my (Consullam/Compwiy Name) contract for 7 /,. �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: M L�i4 Title Telephone; � '_ q ?— 56 / 1 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,