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HomeMy WebLinkAboutDOODLEBUGS ANIMAL ADVENTURES (RACHAEL WALLMAN) INSURANCE ON FILE WORT(MAY PROCEED N-2024-187 UNTIL INSURANCE EXPIRES II 25 CITY CLERK DATE: 'k1 = 0.. J U N 0 3 2024 (�.Sev1deoU) , — - May 17,2024 Rachael Wallman dba Doodlebugs Animal Adventures("Speaker/Performer") 3024 E. Chapman Ave#186 Orange,CA 92869 (657)333-8126 doodlebugsaniinaladventuresAgmail.com Re: Speaker/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: 1. Event Description: Speaker/Performer,Doodlebugs Animal Adventures,will provide special animal programming for the library,as detailed in Exhibit A. 2. Date(s): Wednesday June 5,2024 or as mutually agreed upon by the parties in a signed writing. 3. Event Time(s): 6:00 p.m.—7:00 p.m. 4. Location("Property"): All Library facilities including,but not limited to: Santa Ana Newhope Library, 122 N Newhope Street, Santa Ana, CA 92703 5. Compensation: The total amount for this Agreement shall not exceed$350 (payable by check within 45 calendar days of event); 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,and staff to setup the space for patrons. 7. Provided by Speaker/Performer: Insurance as detailed in Exhibit B as well as all other equipment and materials necessary to perform. 8. City Contact Person(for coordinating purposes only): Ella 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. 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 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 Speaker Agreement—Rachael Wallman dba Doodlebugs Animal Adventures 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 SPEAKER/PERFORMER lvaro Nunez J Rachael Wallman Acting City Manager Owner ATTEST: APPROVED AS TO FORM: ennifer L: all eta r o•c` Bi an n Salvatierra City Cier'- Deputy City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg Library Services ector Library Services N-2024-187 EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Doodlebugs Animal Adventures Doodlebugs Animal Adventures 3024 E. Chapman Ave#186 Orange, CA 92869 Telephone: (657) 333-8126 Email: doodlebuqsanimaladventures@gmail.com EVENT(S): Wild About Animals Program LOCATIONS: All Library facilities including but not limited to facilities listed below. • Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 • Newhope Library, 122 N.Newhope Street, Santa Ana CA 92703 TERM: June 5, 2024 COMPENSATION: Not to exceed $350.00 DESCRIPTION: This vendor will provide an animal program on Wednesday, June 5, 2024 (6:00-7:00 pm) at the Newhope Library Learning Center, 122 N.Newhope Street, Santa Ana CA 92703. The total amount for this agreement shall not exceed$350.00. The City will be responsible for setting up the space for the patrons attending,and advertising the program. Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to perform the act. City staff will be present at all times during the performance. EXHIBIT B Exhibit B Speaker/Performer shall procure and maintain for the duration of the Agreement and shall require any subcontractors to obtain and maintain the following insurance coverages: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability(CGL): Insurance Services Office (ISO) 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 and$2,000,000 aggregate. 2. Automobile Liability (AL): ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. 3. Workers' Compensation: As required by the State of California,with statutory limits, and employer's liability insurance with a limit of no less than$1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Speaker/Performer has no employees. 4. 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 1. Additional Insured Status: The City,its officers,officials,employees,and volunteers are to be covered as additional insureds on the CGL and AL policy(ies)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. 2. Waiver of Subrogation. Speaker/Performer shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which may arise from work performed by Speaker/Performer under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 3. Primary Coverage. For any claims related to the Agreement,the Speaker/Performer's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. Severability. A severability of interest provision must apply for all the additional insured, ensuring that Speaker/Performer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Certificate Holder: The certificate holder on each evidence of insurance certificate shall be: City of Santa Ana, Attention: (name of responsible staff), 20 Civic Center Plaza M-XX(responsible staffs Department mail box), Santa Ana, CA 92701. The name and location of event should be included in the description of operations section of each certificate. 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:VH, unless otherwise acceptable to the City. 7. 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. 8. Special Events Coverage: Special events coverage is available and can be purchased by Speaker/Performer. Use this link to learn more: www.2sparta.com. 9. 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. TE A`C,�OREP CERTIFICATE OF LIABILITY INSURANCE DA5/15/2024rr) 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 Michael Plouffe NAME: Specialty Insurance, LTD. PHONE o E„t. 3-931-7095 sac No): 203-931-0682 P.O. Box 16901 :ita l�/fiL�i• edltyinsuranceltd.com West Haven, CT 06516 Angie I�(SURE�S),A.FFORDING C VERAGE NAIL# Ib RAritg led �rs'e i ©Insurance Co. 36838 INSURED Doodlebugs Animal Adventures ,I Uate: 2024.05.23 c/o Rachael Waltman A INS URER D: 3024 E. Chapman Ave.#186 ceved 1�1UREg1:9:U I -0I 00t Orange CA 9236r, INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTRINSR WW2_ POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYY), LIMITS A X COMMERCIAL GENERAL LIABILITY MP0020002002647 1/1/24 1/1/25 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEa LOC PRODUCTS-COMP/OPAGG $ Included OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) S UMBRELLA LIAB _r OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N!A E.L.EACH ACCIDENT S (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is added as an additional insured but only with respect to the operations of the named during the policy period. The policy is Primary Non Contributory and Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCP`'RGn OM tr`IF"rar(AM( u I r=n RFr CiDF City of Santa Ana THE EXPIRATION DATE THEREC ♦ / 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PF o,,e�.N Risk ManagementDlvialon Santa CA 92701 </ REVIEWED&APPROVED BY: Ana, AUTHORIZED REPRESENTATIVE ,1144 ACW 4// m', �� Risk Management Specialist I Michael ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD American Family Connect Property and Casualty Insurance Company 3500 Packerland Drive De Pere,WI 54 1 1 5-9070 CALIFORNIA POLICY NUMBER: AI03233853 POLICY PERIOD: 01/15/2024-07/15/2024 12:01 AM Standard Time LAPSE IN COVERAGE: NONE Matthew Wallman Rachael Wallman FOR CLAIMS SERVICE CALL: 2848 N PRESTON ST 1-888-404-5365 FOR CLIENT SERVICE CALL: ORANGE, CA 92867-2257 1-888-404-5365 COVERAGE/LIMIT 4 2018 TSLA 5 2021 TSLA MODEL 3 MODEL Y STA BODILY INJURY LIABILITY $242.00 $207.00 $250,000 EACH PERSON $500,000 EACH ACCIDENT rN PROPERTY DAMAGE LIABILITY INCL INCL $100,000 EACH ACCIDENT MEDICAL EXPENSE-EXCESS COVERAGE INCL INCL $5,000 EACH PERSON UNINSURED MOTORIST BODILY INJURY $108.00 $91.00 $250,000 EACH PERSON $500,000 EACH ACCIDENT UNINSURED MOTORIST PROPERTY DAMAGE $1.00 $1.00 CAR 4-WAIVER OF COLLISION DEDUCTIBLE CAR 5-WAIVER OF COLLISION DEDUCTIBLE COLLISION $208.00 $197.00 DEDUCTIBLES CAR 4-$500 5-$500 COMPREHENSIVE $41.00 $66.00 DEDUCTIBLES CAR 4-$250 5-$250 TOWING AND LABOR COSTS INCL INCL $75 PER DISABLEMENT RENTAL EXPENSE $29.00 $27.00 $50 PER DAY/$1500 PER OCCURRENCE CONSOLIDATED VEHICLE ASSESSMENT FEE $0.87 $0.87 TOTAL SEMIANNUAL PREMIUM PER VEHICLE $629.87 $589.87 TOTAL SEMIANNUAL PREMIUM ALL VEHICLES- k $1,219.74 Risk I Maragematt Division REVIEWED&APPROVED BY: o+ Coverage is provided only when both a premium and limit are shown. `'1 t� ' A Acw Risk Management Specialist adca0la(001) 12/18/2023 DRIVER INFORMATION 1.Matthew Wallman 4. 2.Rachael Wallman 5. 3. 6. CAR INFORMATION CARS KEPT AT LOCATION OTHER THAN RESIDENCE 2018 TSLA 5YJ3E I EBXJF086919 2021 TSLA SYJYGAEE6MF305129 YOUR POLICY HAS THE FOLLOWING DISCOUNTS: MULTI-CAR,PREMIER SAFETY,FULL PAYMENT PLAN,TENURE,MULTI PRODUCT,COSTCO 2018 TSLA-GOOD DRIVER,ANTI-THEFT DEVICE,DUAL AND SIDE AIRBAGS 2021 TSLA-GOOD DRIVER,ANTI-THEFT DEVICE,DUAL AND SIDE AIRBAGS YOUR POLICY HAS THE FOLLOWING ENDORSEMENTS: AMENDATORY ENDORSEMENT SPECIAL EQUIPMENT/CUSTOMIZATION:NONE • LIENHOLDER INFORMATION LIENHOLDER-2018 TSLA MODEL 3 US Bank NA,ISAOA C/O US Bank Home Mortgage,PO Box 961045,Fort Worth,TX 76161-0045 LIENHOLDER-2021 TSLA MODEL Y STANDARD/LONG RANGE AWD US BANK,PO Box 3427,Oshkosh,WI 54903-3427 Risk Management Division REVIEWED&APPROVED By: 17/1 li_c A Risk Management Specialist cdec09-CA CITY OF SANTA ANA F s RISK MANAGEMENT a du [aa°6 HUMAN RESOURCES C.. Managing Risk an Positive Change WORKERS' COMPENSATION DECLARATION Rachael Wallman/Owner hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of Doodlebugs Animal Adventures that during the term (Consultant/Company Name) of my contract for Live Animal Presentation services with the City of Santa Ana, (Type of service provided) 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 the provisions and provide proof of workers' compensation coverage immediately. Date: 5/14/24 Print Name: Rachael Wall man Print Title: Owner/Educator Signature: a ,�� Telephone: 657-333-8016 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'S FEES. \ f a e w; Risk ManagementDMslon 1% •'• REVIEWED&APPROVED BY: • Risk Management Specialist I:\Risk Mgmt\lnsurance Requirements\WC Declaration 08152019 MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED Al - PRIMARY NON-CONTRIBUTORY - WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket Additional Insureds -As Required By Contract A. Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury"or"property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, in whole or in part, by: 1. Your ongoing operations, "your product", or premises owned or used by you; With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong-doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence" which caused the "bodily injury"or"property damage", or, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the"personal and advertising injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. 2. Your maintenance, operation or use of equipment, other than aircraft, "auto"or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract, or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after the rental agreement or equipment lease expires. \ / ,.,.� Risk ManagementDtvtston The provisions of this coverage extension do not apply unless the written contract c eh i REVIEWED&APPROV®BY: s, been executed (executed means signed by the named insured)or written permit isE `1 ;' 444 Auv injury"or"property damage"or, to the extent applicable under the Coverage Part to ®'' Risk Management Specialist applies, "personal and advertising injury". / s• MUS 01 01 20127 0316 Insured Copy Page 1 of 2 Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance shall be excess with respect to any person or organization included as an additional insured under this policy, any other insurance that person or organization has shall be primary with respect to this insurance, unless: 1) The additional insured is a Named Insured under such other insurance; 2) You have agreed in a written contract,written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; 3) The written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury"or"property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"; and 4) With respect to indemnity, you have been adjudicated liable in full for the"bodily injury"or "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage" arising out of your ongoing operations or"your work"done under a written contract or written agreement and included in the "products-completed operations hazard", if: 1. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement; 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the"bodily injury" or"property damage"occurs subsequent to the execution of the written contract or written agreement. All other terms and conditions of this policy remain unchanged. Risk ManagemattDlvision f Ili �1y cij REVIEWED&APPROVED BY: A Acw Risk Management Specialist MUS 01 01 20127 0316 / , „ „„,,,