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HomeMy WebLinkAboutSHAKESPEARE BY THE SEA 3(9) City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM COTC Office Use Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. t ! W O~ THE f1OUtk'CIL Is the agreement(s) a permanent record? Yes Noji€J 2 a PG: 30 Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with S'y10k e9,(e (kjy-i) �2 N-2018-132 No. was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: PRcJ:5A Phone/Ext.: LJAI G� Signature: Av, Date: Revised: 10-18-16 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COON IL DATE:, Pa. 1 D 2m 0:PRCS(/) Silvia Cuevas June 25, 2018 Shakespeare by the Sea ("Speaker/Performer") 777 Centre Street San Pedro, CA 90731 Re: Speaker/Performer Engagement Agreement N-2018-132 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: Event Description: Free Performance to the community of "The Winter's Tale" by William Shakespeare. 2. Date(s): July 26, 2018 3. Event Time(s): 7:00 p.m. to 9:00 p.m.; Speaker/Performer may begin setup of its equipment at 1:00 p.m. and will remove its equipment after the performance. 4. Location: Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property") 5. Compensation: $5,000.00 (Per Invoice — Exhibit A; payable by check at time of performance); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: 9K Whisper generator/spider box/special 100ft cord/chairs 7. Equipment provided by Speaker/Performer: all equipment, props, costumes, materials, actors and personnel for engagement. 8. City Contact Person (for coordinating purposes only): Erendira Moreno 9. Independent Contractor: SpeakerlPerformer 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. 10. 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. 11. 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. N-2018-132 Letter Agreement — Shakespeare by the Sea Page 2 12. Commercial General Liability Insurance. Speaker/Perfonner 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 die right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speaker/Performer's presentation to the City cone a mity or general public, through webeast 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. SpeakeriPerformer 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. SpeakenTerformer 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 ANA RUL GODINEXII City Manager �• iL��•/ � is it Clerk of the Council RECOMMENDED FOR APPROVAL: L Ral S �1SESPEA E �}IESEA AS TO FORM: City Attorney Nuffez, Interim ExtcutiveDirector, PRCSA Exhibit A ShW%mq m by ft Sea / We Fish Theatre 777 Centre St San Pedro, CA 90731 US (310)217-7596 lisa@shakespearebyth esea.o rg www.shakespearebythesea.org INVOICE BILL TO City of Santa Ana 2215 W McFadden Ave Santa Ana, CA 92704 SHIP TO City of Santa Ana 2215 W McFadden Ave Santa Ana, CA 92704 0 SHAKESPEARE BY THE SEA Tmeless Tales Tlcketless Admission. Priceless Experience. DATE ACTIVITY 07/26/2018 SBTS~ Shakespeare by the Sea Performances of The Winter's Tale on Thursday, July 26 at Birch Park at 7pm BALANCE DUE INVOICE i 04.621 SBTS DATE 05/12/2018 DUE DATE 05/31/2018 TERMS present check on day of pert. AMOUNT 5,000.00 w,000.00 ll. izo� CERTIFICATE OF LIABILITY INSURANCE �^� DAT4/23/2018 l 04/23/2018 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsements). PRODUCER CONTACT NAME; Steven Griswold Griswold & Griswold Insurance Agency Inc. 25550 Hawthorne Blvd. #200 N-2018-132 Torrance CA 90505 PHONE xt: (310) 377-7172 AIC No: EDDBESS, sleven@griswoldinsurance.com INSURERS AFFORDING COVERAGE NAIC N INSURER A: GUIDEONE SPECIALTY MILT INS CO 14559 INSURED INSURER B: GUIDEONE MUT INS CO 15032 Shakespeare By the Sea INSURER C: 777 Centre Street INSURER D: INSURER E : San Pedro CA 90731 INSURER F: COVERAGES CERTIFICATE NUMBER: RFvISInN NIIMRPR• 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 ADDLSUBR INSD WVQ POLICYNUMBER POLICYEFF MMIDDIYYYY) POUCYEXP flMWDOrOYYJ LIMITS X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE $ 1,000,000 AMAGE TO RE PREMISES(Ea occurrence $ 1,000,000 MEDEXP(An one arson) $ 5,000 PERSONAL &ADV INJURY S 1,000,000 A Y 1448-142 03/02/2018 03/02/2019 AGGREGATE LIMIT APPLIES PER POLICY PRO- ❑ JECT LOG GENERAL AGGREGATE $ 2,000, 000 GEN'L X PRODUCTS -COMIYOPAGG $ 2,000,000 $ OTHER I I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ B X OWNEAUTOS SCHEDULED HIRED AUTOS ONLY AUTOS AUTOS ONLY X AUTOSNON-OONLY AUTOS ONLY 1789-387 03/02/2018 03/02/2019 BODILY INJURY Per accident ( 1 $ PROPERTY DAMAGE per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE § EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below Each Claim Limit $1,000,000 A Directors & Officers Liability 1448-142 03/02/2018 03/02/2019 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) y 11 The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, 92701; its officers, employees, agents and vole rs -)amed as ad Tonal insureds. SHOULD ANY OF THE ABOVI5'dESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHOORIIZ�ED REPRESENTATIVE Santa Ana CA 92701 (/LGre°" �`ni k AGUKU ZO (ZU1b1U3) © 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD reserved. acaRn CERTIFICATE OF LIABILITY INSURANCE �' DA04/05/2018 05/18 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(ies) 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: Gary Bettis Bettis Insurance Services, Inc. 1725 S. Gaffey Street N-2018-132 aHCNro e.I: (310) 521-4480 plc, No: °aoI sz1-om ADDRESS: Second FSOOY San Pedro CA 90731 INSURERS AFFORDING COVERAGE NAIC p INSURERA:State Compensation Ins Fund INSURED INSURERS Shakespeare by the Sea INSURER C: 777 S. Centre Street INSURER D: INSURER E : San Pedro CA 90731 INSURER F: Llpv CrwuCJ I.CK I IFRJA IC INUIVICCK: REVISION NIIMRFR, 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 CONTRACTOR 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. ILTR TYPE OF IN SURANCC INSR Wen POLICY NUMBER MMIDPOLIDNYCY YY MMDDIPOLICYYYYY LIMITS GENERAL LIABILITY Not Applicable EACH OCCURRENCE It COMMERCIAL GENERAL LIABILITY OAP occuma $ MED EXP (Any one person) $ CLAIMS -MADE 7 OCCUR PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ POLICY PRO- LOC - $ AUTOMOBILE LIABILITY sot Applicable COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per awldenl ( 1 $ HIREOAUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR of Applicable EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE OED RETENTION $ $ WGRKEas COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERAXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA 09171.8-2018 03/01/2018 03 07/2029 - X WCBTATu- T V E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE -EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under E,L DISEASE -POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) This certificate is issued as a matter of proof of workers compensation coverage only. \ 6l SHOULD ANY OF THE ABOVE DESCRIBBp POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE OLICY PROVISIONS. 20 Civic Center Plaza AumoRlzEDji1A�EA7�IV'Santa Ana CA 92701 I I ACORD 25 (2010108) ©1988-2010 ACORD CORPORATION. All rights reserved. IVDuGI (201uuai.ul The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Insurance Company GuideOne Specialty Mutual Inc. Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # 1448-142 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 04/06/2018 this endorsement form as a part of Policy # 1448-142 Issued to Shakespeare By The Sea Named Insured Countersigned by WNuth or re�see>�te CONc\� C CITY OF SANTA ANA I RISK MANAGEMENT 126 CIVIC CENTER PLAZA, SANTA ANA, C 92701 1 I , bZ;�('114) 571-4200 Policy No. 1448-142 ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The City of Santa Ana, its officers, employees, agents, and volunteers are named as additional insureds. 20 Civic Center Plaza, CA 92701 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: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. �te\ LA GuPd;o S�GgPr Q © ISO Properties, Inc., 2004 CG 20 26 07 04 Page 1 of 1