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Home My WebLink AboutSHAKESPEARE BY THE SEA (3)City of Santa Ana Clerk of the Council core office use only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all i amendments (if any) are no longer in effect. i Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. CXER t K OF THE COUNCIL Is the agreement(s) a permanent record? Yes No _ AUG 2'21 PM3:31 Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any gquestions. The agreement with �j y ► j��$�t((� to �Y�p ��p y No. N-2019-142 was completed on %b t-p` [ and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.: Signature: S/A11(} 2 ' '�Wc,o Date: % 1a9 1 W Revised: 10-18-16 N-2019A42 INSURANCE ON FILE VVORK MAY PROCEED UNTIL IN RAN EE PjRES CLERK OFCOUNCIL `J -' DATE, AUG 0 6 2019 May 28, 2019 Shakespeare by the Sea ("Speaker/Performer") 777 Centre Street San Pedro, CA 90731 Re: Sneaker/Performer Engagement Agreement 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 Comedy of Errors" by William Shakespeare. 2. Date(s): Thursday, July 25, 2019. 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"). Compensation: $5,000.00 (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: 9K Whisper generator/spider box/special 10011 cord. 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 (714) 571-4285. 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. 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 Letter Agreement - Shakespeare by the Sea Page 2 fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. It. 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, 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 Letter Agreement — Shakespeare by the Sea Page 3 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 KRISTINE RIDG City Manager ATTEST: I } DAISY •MEZ Clerk of the Council - SHAKESPEARE BY THE SEA Name:LlS COFFI Title: Producing Artistic Director APPROVED AS TO FORM: By: _ 44LYt-L LAURA ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: LISA OFF, Executive irect Parks, reation and Community Services Agency SHAKBYT•01 A� CERTIFICATE OF LIABILITY INSURANCE DATE A EDUADI1S 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 We certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, 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 Ileu of such ondoreement s . PRODUCER 112W. CT No s»I; 310 37T-7172 ND 910 877-91N Griswold & Griswold Insurance Agency, Inc. 2785 Pacific Coast Highway Ste 308 Torrance, CA 90505 .In(0 rlswoldineurance.com INWRER(SI AFPORDINaCOVERAGE Ix Ouldeone S c a Mut In Co 14659 INSURED iNsuntaft a i Guldeonce Mut Ins Co 15032 I Shakespeare By the Sea INSUNRO 777 Centre Street San Pedro, CA 90731 maufleA.e INSUPERF: COVERAGES CERTIFICATE NUMBER* KtVI751UN NUMULK; 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 REOUIRP-MENr, 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 CF SUCH POLICIES, LIMITS 814OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INeR TYPEOFNSURANCE A%1J%RJ POLICY NUMBER nswml PO C A4 Lots � A X COMMERCIALOENPAALL BIUIY CIAIMS.MADE QX OCCUR X 1440142 =019 3=020 H�A __"-TUffH 1,000,000 �J QLRa. ImIJwJ .pii2SP.lAny.VaP eFMVoi 1,000,000 3.000 FERSONAL & ADV (NJURY 1 1,000,000 LA00 Lp1Mpr.r ApY PER X POLICY JWT " LOC A R 2,000,000 PRODUOTS - COMP&P AGO 62,000.000 B AUTOMONLRUABILmy X ANY AUPO MA�U�pTE0p90NLY AOOEOUIEO ONLY AµµaJVONAB 1769387 3Y.d2019 312/2020 COMOINEU 6MOLELIMIT eDaden , B�OLY EIJURYga3f➢rR BODILY UR OPFR Y AMAOE UMBRELLAUAB MMEBB LIAR HCCCLN CLAIMB�MDE UR Can I I RETmitioN3 19lA1107fam .)ADDEEC11TNE lJl ,,,.. r TE L noN�OPP en II dnevlbe order DEB IfNOFOPERATKJNa bdon NIA _ E E F.I. DISEASE -EA F. ICY A A Directors & 01100, Directors & Of icers 1448142 1448142 312120t9 312I2019 312J2020 31212020 Each Claim Limit Aggregate 1,000.000 11000,000 OeSCW PTNIN W OPBUTIONS I LOCATIONSI VEMCLEE (ACOae ICI AddMond Remarks Soh WUIe, may M attschad I(MON space to Mquirotl) The City of Sonia Ana, 20 CIVIC Center Plaza, Santa Ana, EalHomle, 02701; Ito of loere, employees, agents and volunteers are reined as eddN\lwel Incurree a. � �/ �ro REVI WED BY - -- - - ftOONU E T HOLDERON The Cityof Santa Ana Rlsk Management 9 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. AUTHORIZED ROPRSSENTATIVE ACORD 25 (2018l03) 01938-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD f}c v cc� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIUDMM) �. 06/2012019 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 pollcy(les) must larva ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cedaln policies may require an endorsement, A statement on PROWCOR Settle Insurance Services 1725 S. Gaffey Street Suite C San Pedro CA 00731-4603 INSURED Shakespeare By The Sea 777 SCUM Centre Skeeret San Pedro CA 90731. COVERAGES r1P1M1PU ATii All I1u114913• nerna,nu .MM MMA ,.. 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, man TYPEOPINSURANC11 Aoa'sum JUN PoLICY EPP POLICYB)a 40mao= COMMERCW.OERERALQAaa1TY CVJM&LMDE ❑ OCCUR Not Applicable EACHOCCURRENCE OAMAOETO RENTW nrcu MEOEXP pna PERBOKkL&AOVQNURY uA9TAP�gI�I FER: POLICY m LJ LOC 0 i AUTOMoIRMI.I BLm ANYAIlTO AUR380NLY AUT09 L� WOMEO A Ca ONLY AUTOS OM.Y Not Applicable .o BM(p.E MT i BODLPg YINAHl pMLpn) i 90DRYINJURY(PMewpelq i E i i UMRELLAUAe EXCESSLMa OCCUR Not Applicable EACH OM CE I A MoRKERSCOMPENSATION ANDEMMOYERS'LIABI4TY YY 11 NN ANY PROPRIETORRMTNER,FX "IVE' I OFFNCERMEMSERF'XCLUDEW `_I IMmdatwyMNIJ II dexAUa uMer NIA 9091718-2019 3=019 7/2020 X 1,0011 DD DI E I,OK000 ELDISEASE-f(RUICYLUIT 4110001000 OE RPnONOP Is Issued al La mailer o pro The CertiON OF Is Issued as a matter I proof of AC b iIIcompllwal n only. woRamcodpens on onaohpdula, meyM plleehW ll moro span la reauaatll �� / REVIEWED BY: CERTIFICATE HOLDER CANCELLATION City Of Settle Ana Attn: Risk Management 20 Clvlo Center Plaza i Santa Ana CA 92701- I SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RePReamlrsme Rlj`/ m 1985.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 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 "persons] 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. hvvrvvd/ V EVIEWED BY: 1�1 Risk Management Division l ® ISO Propert199, Inc., 2004 CG 20 26 07 04 rage 1 071 ADDITIONAL INSURED ENDORSEMENT Insurance Company GukleOne Specialty Mutual Inc. co. This endorsement modifies such insurance as is afforded by the provisions of Policy # 1448.142 relating to the following: I. 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 4/16119 , this endorsement form as a part of Policy # 1448-142 Issued to Shakespeare By The Sea Named Insured ��}�/� Countersigned by OJ Authorized Representative rvmxcl I REVIEWED BY: I�Ment DlvislonCIT' r1F SANTA ANA I RISK. MANAGP.MENT 126.CIVIC.CRNTFA PLAZA. SANTA ANA. CA 927a1 TFI. �T .�,.,......... .sae Ms. Lisa Coffi Shakespeare by the Sea 777 Centre Street San Pedro, CA 90731 June 26, 2019 City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance Requirement Release of Liability. Dear City of Santa Ana Risk Management Division: I, Lisa Coffi, Producing Artistic Director, hereby release the City of Automobile Liability. I do not use/drive any vehicle during the course and scope of my course/instruction class. During the term July 25, 2019 through July 26, 2020, I will be performing "The Comedy of Errors" by William Shakespeare at Birch Park located at: 210 N. Birch St„ Santa Ana, CA. Sin rely, isa off, Producing Artistic ircctor Shakespeare by the Sea VjorfV,Mt/ REVIEWED BY: Risk Management Division