HomeMy WebLinkAboutLUYEN, VYVYENNEiANCE NOT ON FILE
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CLERK OF COUNCIL
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`r Vyvyenne Luyen ("Speaker/Performer")
4255 Campus Drive
Unit 6566
w Irvine, CA 92616-6566
Re: Speaker/Performer Engagement Agreement
N-2022-283
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: Vyvyenne Luyen will perform co -emcee and provide Vietnamese language translation services
for PRCSA, as further detailed in Exhibit A. The performance and services will take place at the City's Mid -
Autumn Festival at times to be coordinated with event staff.
2. Date(s): Saturday, October 1, 2022.
3. Event Time(s): Saturday, October 1, 2022 at 4:00 p.m. — 9:00 p.m.
4. Location ("Property"): Rosita Park, 706 N. Newhope St., Santa Ana, CA 92703
5. Compensation: Total amount not to exceed $1,000 under this Agreement (payable within forty-five (45) days
following receipt of invoice pursuant to City accounting procedures); Speaker/Performer must provide IRS form
W-9 before payment can be made.
6. Provided by City: advertising the program, space for the patrons attending, stage, sound and lighting equipment, and
staff to assist with setup.
7. Provided by Speaker/Performer: insurance as required by the City and further detailed in Exhibit B, and all other
equipment and materials necessary.
8. City Contact Person (for coordinating purposes only): Juan Lars
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 fees) arising from the negligence or
willful misconduct of Speaker/Performer, his or her agents, or employees.
N-2022-283
Letter Agreement — Vyvyenne Luyen
Page 2
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.
12. 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 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.
13. 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.
14. 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.
15. 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.
16. 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
KIUSTINE RIDG
City Manager
ATTEST:
�W Clerk of the Council
Hawk
Parks, Reef�Pt iid-Community Services Agency
SPEAKER/PERFORMER
A
Co -Emcee an&ranslator
APPROVED AS TO FORM:
By-
Btatf on Salvatiema
Deputy City Attorney
EXHIBIT A
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION:
Vyvyenne Luyen
4255 Campus Drive
Unit 6566
Irvine, CA 92616-6566
vyvyenne cDymail.com
949-678-9278
EVENT: Mid -Autumn Festival City Special Event
LOCATION: Rosita Park, 706 N. Newhope, Santa Ana, CA 92703
SERVICE DATE(S): October 1, 2022; 4:00 - 9:00 p.m. PST
COMPENSATION DUE TO THE VENDOR: $1,000; payable by check within forty-five (45) days
following receipt of invoice.
DESCRIPTION:
Vyvyenne Luyen will be co -emcee and provide Vietnamese language translation services at the
Mid -Autumn Festival City Special Event. City staff will be managing stage lighting set up and will
be present at all times during the event.
EXHIBIT B
Exhibit B — Insurance Requirements
Speaker/Performer shall procure and maintain, for the duration of the contract, insurance against
claims for injuries to persons or damages to property that may arise from or in connection with
products, materials, and/or services supplied to the City. The cost of such insurance shall be borne
by the Speaker/Performer.
a. Minimum Scope and Limit of Insurance:
Commercial General Liability Insurance. Coverage shall be at least as broad as
Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis,
including products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
2. Broader Coverage. If the Speaker/Performer maintains broader coverage and/or
higher limits than the minimums shown above, the City requires and shall be
entitled to the broader coverage and/or the higher limits maintained by the
Speaker/Performer. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
b. Self -Insured Retentions. Self -insured retentions must be declared to and approved by
the City. The City may require the Speaker/Performer to purchase coverage with a
lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
c. Other Insurance Provisions
Additional Insured Status. The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Speaker/Performer including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the
form of an endorsement to the Speaker/Performer's insurance (at least as broad as
ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20
10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
2. Primary Coverage. For any claims related to this contract, the
Speaker/Performer's insurance coverage shall be primary coverage at least as broad
as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Speaker/Performer's
insurance and shall not contribute with it.
3. Notice of Cancellation. Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation. Speaker/Performer hereby grants to City a waiver of any
right to subrogation that any insurer of said Speaker/Performer may acquire against
the City by virtue of the payment of any loss under such insurance.
Speaker/Performer agrees to obtain any endorsement that maybe necessary to affect
this waiver of subrogation, but this provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
5. Acceptability of Insurers. Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the City.
6. Verification of Coverage. Speaker/Performer shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or copies
of the applicable policy language effecting coverage requiredby this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Speaker/Performer's
obligation to provide them.
The City reserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications, at any
time.
7. Subcontractors. Speaker/Performer shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Speaker/Performer shall ensure that City is an additional insured on insurance
required from subcontractors.
8. Special Risks or Circumstances. City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
Page 1 of 2
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Certificate of Insurance
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Special Events
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Name Insured:Named Additional Insured:
Vyvyenne LuyenSANTA ANA CITY OF- INDEPENDENT CITIES
4255 Campus Dr. Unit 6566RISK MANAGEMENT (SPECIAL EVENT)
Irvine, Ca 9261620 Civic Center Plaza M-28
SANTA ANA,CA 92701
Certificate TermCertificate #COSA21-0057
10/1/2022 to 10/1/2022
Coverage CITY OF SANTA ANA Special Event Policy Company: Houston Casualty Company
Commercial General Liability Per Master Policy#H21TU00001
Master Policy Effective Date:11/1/2021 to expiration
Limits
$2,000,000GeneralAggregate/$1,000,000EachOccurrence/$1,000,000Products&Completedoperations/
$1,000,000 Personal & Advertising Injury/$300,000 Damage to Rented Premises/ Medical Payments Excluded
Deductibles
$100.00Premium (Fully Earned)
Taxes (Fully Earned)
$3.25
)
$40.00Certificate Fee (Fully Earned
TRIA
Total Amount
$143.25
Terms &
1. Premium and All fees are fully earned. No Cancellations Allowed.
Conditions
2. Hazard Class: 2
3. Event Location: Rosita Park
4. Event Description: Translator for Mid-Autumn Festival
5. Total Attendance: 200 Vendors: None
6. Attachments: Limited Contractual Endt., Designated Premises, Classification Limitation Endt.
7. Event Date: 10/1/2022 to 10/1/2022
8. NO LIQUOR LIABILITY COVERAGE PROVIDED.
9.THISPOLICYDOESNOTPROVIDECOVERAGEFORBODILYINJURYTOPERFORMERSOR
PARTICIPANTS AS A RESULT OF THEIR PARTICIPATION.
Department Parks and Recreation
Exclusions
Assault&Battery;TotalPollution;Asbestos;LeadContamination;Animals;Nuclear;EmploymentRelated
Practices;LiquorLiability;CrossSuits;IndependentContractors;CommunicableDisease;Subsidence;Non-
Owned/HiredAuto;NewEntities;UnscheduledactivitiesorEvents;AthleticParticipants;FireworksandExplosives;
PunitiveDamages;ProfessionalLiability;VoluntaryLabor(Foracompletelistoftheforms,conditionsand
exclusions of the policy, refer to Master Policy.)
Theinsuranceaffordedunderthespecifiedpolicyaboveissubjecttoallterms,conditions,andexclusionsofsuch
policy.(Acopyofthepolicyisavailableuponwrittenrequest.)Thiscoverageappliesonlytothecontractororevent
noted above and does not extend to any other activities or work performed by the holder.
MERRIWETHER&WILLIAMSINSURANCESERVICES,Inc.shouldbenotifiedatonceofanyclaimarising
fromyouroperation.Call1-800-420-0555andaclaimsrepresentativewillassistyouinthereportingprocess.
f
Coverageisprimaryandnotcontributingwithanyinsurancemaintainedbytheabovepublicentitiy.Thelimitso
insuranceapplytoeachevent.Ifmorethanonenamedinsuredforanyoneeventitwillnotincreasethetotallimits
of liability available for that event.
44 Montgomery St., Ste. 940 San Francisco, CA 94104 800.420.0555 415.986.3999 fax 415.986.4421 License# 0C01378
www.imwis.com
Page 2 of 2
Certificate of Insurance
Special Events
Name Insured:Named Additional Insured:
Vyvyenne LuyenSANTA ANA CITY OF- INDEPENDENT CITIES
4255 Campus Dr. Unit 6566RISK MANAGEMENT (SPECIAL EVENT)
Irvine, Ca 9261620 Civic Center Plaza M-28
SANTA ANA,CA 92701
Certificate TermCertificate #COSA21-0057
10/1/2022 to 10/1/2022
Ingrid Merriwether, President / Merriwether & Williams Insurance Services, Inc.
44 Montgomery St., Ste. 940 San Francisco, CA 94104 800.420.0555 415.986.3999 fax 415.986.4421 License# 0C01378
www.imwis.com