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HomeMy WebLinkAboutCREATIVE PARTIES FOR KIDS 3City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agree rpWd6ll amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requireQRW 0 r $ A', have been satisfied prior to signing the termination form. CL E H OF 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 4: 22 A ANA UNCIL i No. was completed on and final payment has been made. (List all amendments. Use space below N needed.) Department: PRCSA Phone/Ext.: 40A Signature: Date: q �2y I� 1d1 Revised: 10-18-16 ,ati,,QRAMCE ON FILE WORK MAY PROCEED WTILINSURANCE EXPIRES CLERK of'YC L 201 DATE°, O: PRCS (/ Silvia Cuevas October 14, 2018 Creative Parties for Yids ("Speaker/Performer") 337 E. Grove Ave Orange, CA 92865 Re: aSpeaker/PerformerEneagemcntAgreement 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: Plaza Navidena event. 2. Date(s): Saturday, November'17;'2018` 3. Event Time(s): 5;00 pin - 8:00 pm. 4. Location: Calle Quatro, Fourth Street and French Street, Santa Ana, CA ("Property") 5. Compensation:. fr350k0O (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 the entertainment services for two (2) costumed characters (Santa and Mrs. Claus) for a period of three hours during event. 8. City Contact Person (for coordinating purposes only): Sonia Batres (714) 571-4227 9. Independent Contractor: SpeakerlPerforner shall, during the entire term ofthis 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/Perfonner, 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 die negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. 11. Release: SpeakeePerformer 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. 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 Letter Agreement —Creative Parties for Kids N-2018-220 Page 2 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(Perfonner. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 15. Live Scan Background Check: Speaker/Performer, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 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 SAN&A NA RAUL GODINEZ City Manager ATTF MARIA D. HUIZAR Clerk of the Council RECOMM ED FOR APP VAL: C. isa R dloff, cutive Director, PFbrSA SPEAKERIPERFORMER / Name: Lisa Cohen Title: Owner APPROVED AS TO FORM: By: t"lWlbkR-L LAURA A. ROSSINI Senior Assistant City Attorney EXHIBIT A Creatilve Parties Fw Kilds "Celebrating 30 Years of Service to OC, LA $r Riverside Counties" Event Invoice 2018 Client Name :SONIA BATRES, CITY OF SANTA ANA PARKS & RECREATION DEPARTMENT EVENT TYPEISERVICES: CITY HOLIDAY EVENT SANTA CLAUS COSTUME BEARDED 3 HOURS MRS. CLAUS (NO CHARGE) Party Date: SAT. NOV.17, 2018 Party Time:6-8PM Amount Due: $360 Gratuity: YIN 7 $ tbd Travel(if applicable) NO Total Paid :tbd Additional Charges for Extra Time Apply $25 per 15 minutes first performer $15 per 15 minutes each additional performer $50 first performer/per half hour $25 each additional performer/per half hour Method of Payment Check Check # Cash CC *note It credit card Is used at the event without prior notice $15 administrative tee Is applied CC# EXP DATE 3 DIGIT CODE BILLING ADDRESS SIGNATURE Time Performers Arrived: Jima Performers Left: Client Initials General Comments We hope you enjoyedyourparty! Own6forInviting Vs to 2'ourCele6ration. www. CreativePartiesrFor` M carat AcIll CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDO YYYVI 11/12/2018 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 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: alto No E. (888) 202-3007 Fn c No : Hiscox Inc. d/b/a/ Hiscox Insurance Agency In CA 520 Madison Avenue E"MAIL ADDRESS: contact@hiscox.com 32nd Floor New York, NY 10022 INSURII AFFORDING COVERAGE NAICA INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B : INSURER C: .Creative Parties for Yids' ` 337 E Grove Ave. N-2018-220 Orange, CA 92865 INSURER 0: INSURER E : INSURER Fi COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICYNUMSER POLICYEFF MMIDDIYYYY POLICY EXP MMIDOM/YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FIVI CLAIMS -MADE OCCUR DAMAGETO S(RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 Primary & Noncontributory PERSONAL&ADV INJURY $ 1,000,000 A X Y UDC-2367620-CGL-18 09/20/2018 09120/2019 AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L "" X POLICY EJECT PRO- ❑LOC PRODUCTS - COMPIOP AGG $SIT Gen. Agg $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acclbent $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per eccltlent $ HIRED AUTOS NON -OWNED AUTOS UMBRELLAUAS OCCUR EACH OCCURRENCE $ AGGREGATE _ $ EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ ,Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) THE CITY OF SANTA ANA, ITS OFFICERS,EMPLOYEES,AGENTS, AND REPRESENTATIVE ARE NAMED AS ADDITIONAL INSURED INS REGARDS TO GENERAL LIABILITY PER ATTACHED UDC-2367620-CGL-18 ADDITIONAL INSURED FORM. � p,�` V� of CITY OF SANTA ANA 20 CIVIC CENTER DRIVE 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. AUTHORIZED REPRESENTATIVE --=� 1 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 40 HISCOX Policy Number: UDC-2230689-BOP-18 Named Insured: Creative Parties for Kids Endorsement Number: 20 Endorsement Effective: November 15, 2018 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE The City of Santa Ana its officers, agents, and employee representatives 20 Civic Center Plaza Santa Ana,CA 92701 The following is added to Paragraph C. Who Is An Insured in Section II — Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, 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 omis- sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 0106 © ISO Properties, Inc., 2004 Page 1 of 1 N-201&220 WORKERS COMPENSATION L)ECLARATION. I d/- hereby affirm tinder penalty of perjury, the (Nemclfllte) following declaration: I certify on behalf of r P ,, r that during the term of my (COn8UI1W1V ompnny Nmne) contract forX 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: / %/Y M Nam Title Telephone; 9VA- 1? 0 3- 56 11 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 ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'$ FEES.