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Home My WebLink AboutBEST ENTERTAINMENT AND EVENTS, INC. dba BEST BUBBLE PARTIES (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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 withBfs� & No. N-2023-035 was completed on (List all amendments. Use space below if needed.) OagreernentsWormsbrm - agreement termination form_goldenrod.doc COTC Office Use Oniy CZoZ3 AKA -f 'Santa Ann atly Clerk's Office sUeyk , kc. Aa- &-s� rL--A--' e, Pa-r 'e and final payment has been made. Department: � io - Phone/Ext.: xl us Signature: Date: 3 227 INSURANCE NGT G;i L _ WORK MAY NOT PRGCEE CLERK OF COUNCII. DATE: i Br-. ujra+ [V) (pt(%) (A\A �. I'l ,2023 (Month) (Day) n, 0 Best Entertainment and Events, Inc., dba Best Bubble Parties ("Speaker/Performer") 13654 Victory Blvd. #545 — Van Nuys, CA 91401 n info6Dbestbubbleparties.corn LLJ L� Re: Speaker/Performer Engagement Agreement N-2023-035 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: As further described in Exhibit A, attached hereto, at the City's Din de los Ninos, Dia de los Libros (Children's Day, Book Day) event, Best Bubble Parties will provide a Festibubble Program (Outdoor Hands -On Bubble Play). 2. Date(s): Saturday, April 29, 2023. 3. Event Time(s): 10:30 a.m. — 2:00 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: As further detailed in Exhibit B, attached hereto, the total amount shall not exceed $1,185.00 under this Agreement (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: advertising the event and setting up space for patrons attending. 7. Equipment provided by Speaker/Performer: Insurance requirements as detailed in Exhibit C and all other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265 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. hrdemnifrcation: 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 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 N-2023-035 Speaker Agreement — Best Entertainment and Events, Inc., dba Best Bubble Parties Page 2 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 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 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. 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 KRISTINE RIDGE City Manager ATTEST: 4orLma Orozco Acting Clerk of the Council RECOMM NDED FOR APPROVAL 7 A-1- Brian Stemberg Library Services Direct r Library Services SPEAKER/PERFORMER L7nkde r Aoli rr Jordan Monks (Feb 9, 202319:13 PST) Jordan Monks Owner APPROVED AS TO FORM: By: ; Br on Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Best Entertainment and Events, Inc., dba Best Bubble Parties 13654 Victory Blvd. #545 Van Nuys, CA 91401 (818) 350-2825 info(Zbestbubbleuarties.com https://www.bestbubbleaarties.com/ EVENT: Dia de los Nihos, Dia de los Libros (Children's Day, Book Day) SERVICE DATE(S): Saturday April 29, 2023 COMPENSATION: Not to exceed $1,185.00 DESCRIPTION: This vendor will provide entertainment services for a one -day event on Saturday, April 29, 2023 at the Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701. Best Bubble Parties will provide a Festibubble Program (Outdoor Hands -On Bubble Play) from 10:30am-2:00pm. The vendor will setup the activity for the event and provide two attendants (Bubblists) to run the activity for the duration of the event. The amount shall not exceed $1,185.00 total for services provided. The City will be responsible for setting up the space for the patrons attending and advertising the event. Vendor will be responsible for providing all equipment, materials, and personnel necessary to provide the service. City staff will be present during entire service time. EXHIBIT B t�l po LEARNING Bill to: Michelle Loera Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Party Location (if different): Account Number 20603 Quote Number 2060310958 Issue Date 12/22/2022 Due Date According to Contract Best Bubble Parties / Best Bubble Learning 13654 Victory Blvd #545 Van Nuys, CA 91401 (818) 350-2825 info@bestbubblepar0es.com Date service QTY Price Total 4/29/2023 Festibubble Program - 3.5 hours of outdoor bubble play! 1 Each 560.00/Each 560.00 So much fun!! Fesbbubble Outdoor Hands-on bubble play Everyone gets to make their own amazing bubbles! (no going inside of bubbles or other specialty bubble tricks in our show that require zero airflow) 4/29/2023 10:30 AM 4/29/2023 Festibubble Program - Additional Bubblist- 3.5 hours Festibubble Outdoor Hands-on bubble play Everyone gets to make their own amazing bubbles! (no going inside of bubbles or other specialty bubble tricks in our show that require zero airflow) 4/29/2023 10:30 AM 4/29/2023 Travel fee - 4/29/2023 Please have a parking space available for your performer. Thank you! Page 1 of 1 1 Each 525.00/Each 525.00 2 50.00 100.00 Sub -Total: $1,185.00 Total: $1,185.00 Total Payments: $0.00 Balance Due: $1,185.00 EXHIBIT C Exhibit C Prior to undertaking performance of work under this Agreement, 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 the performance of the work hereunder and the results of that work by the Speaker/Performer, their agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): 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 aggregatelimit 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. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Not required if they have no employees and sign a waiver. 3. 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. 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 connectionwith 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 notavailable, 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. 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 Spealcer/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 may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. 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. 6. 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. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of'work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Speaker/Performer must purchase "extended reporting" coverage for a minimum offive (5) years after completion of work. 8. 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. 9. 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. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. NOTICE OF COMPLIANCE CITY t„„ . "A ,AM I1111RINT I'III I IPi II11 AGL ,CLL INCLUDE Ck I 111 1AGREEMENTTOT111IL CLERK CAL MIL COUNCIL IL Contractor Best Entertainment & Events Inc. Name: Project N-2023-035 Number: Project Speaker/Performer Engagement Agreement - Best Bubble Name: Events The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF POLICY EXPIRATIO COI FILE NAME INSURANCE NUMBER N DATE DATE GENERAL 2CN0174572 02/25/202 JordanL.Monks- 06/30/2023 CityofSantaAnaRiskManagementDivisio LIABILITY 7 3 n-230225121844.pdf WORKERS COMPENSATIO 03/15/202 N AND WAIVER 03/13/2024 WC Declaration Rev.2019.pdf EMPLOYERS' 3 LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/15/2023 5:31 PM