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HomeMy WebLinkAboutSEGERSTROM CENTER OF THE ARTSCity 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. coTc office use oniy 101# SEP 27 Pti 3: 11 CITY OF SANT'A/ ANA ry CLERK uF -n�i`ii 11 The agreement with 2a0/A' ,� N-2018-090 No. was completed on lX '� "i{ and final payment has been made. (List all amendments. Use space below if needed.) ��)) (\ p Department: l 0A Phone/Ext.: 5305 Signature: l C,Lyyyy �'t Date: Vg1:IMilb Revised: 10.18-I b INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES (CLERK OF COUNCIL DATE: WAY 3 0 2018 P v„ April 30, 2018 Segerstrom Center for the Arts Attw Jason Holland 600 Town Center Drive Costa Mesa, CA 92626 Re: I'romotea Engn$et tent A reeetrot Dear Mr. Holland: N-2018-090 This letter represents,Segerstrom Center for the Arts' ("Promoter") agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: 1. Event Description, Promoter will be responsible for providing professional development workshops, including, but not limited to, "Marketing, for Artists" and "Expanding Revenues for Artists." Promoter will also be responsible for contracting with all facilitators (up to 3) required for the workshops. 2, Date(s): June 9, 2018 Event Timc(s): 10:00 AM — 2:30 PM 4. Location: Samueli Theatre inside the Segerstrom Center for the Arts located at 600 Town Center Drive, Costa Mesa, CA 92626 ("Property"). 5. Compensation: $3,000 (payable by check at conclusion of Event); Promoter must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: None. 7, Equipment provided by Speaker/Performer: Venue and anything necessary for the workshops. 8. City Contact Person (for coordinating purposes only): Tram Le 9. hrdependent Contractor: Promoter 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 Promoter performs the services that are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations. Promoter 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: Promoter, its 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 Promoter, its agents, or employees. it. Release: Promoter accepts any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Promoter fully releases, waives and discharges forever any and all claims, demands, N-2018-090 Letter Agreement — Segerstrom Center for the Arts Page 2 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 Promoter's use thereof. 12. Worker's Compensation Insurance. In accordance with the California Labor Code, Promoter, if Promoter has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 13. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of the workshops 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 Promoter. Copies of Promoter's presentation may be maintained by the City, and Promoter consents to use of such recordings. 14. Promoter 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 Promoter 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 Promoter. Please execute this letter tp reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA RAUGOD Z 1 City Manager ATTEST: MARIA D. HUIZAR ';Clerk of the Council FOR APPROVAL STEVEN MENDOZA Executive Director, Community Development Agency SEGE,RSTROM CENTER FOR THE ARTS - $ 916 A1-1 LLAND City A� hP CERTIFICATE OF LIABILITY INSURANCE ATE MI D0423/2018DnYYn 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 have ADDITIONAL INSURED provisions or 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: Marsh Risk & Insurance Services IAIC. No. PHONE Ex AIC No 17901 Von Karman Avenue, Suite 1100 949) 399-5800; License #0437153 EMAIL ADDRESS: Nine, CA 92614 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Vigilant Insurance Cc 20397 J52700-STND-GAWU-17-18 INSURED Segerstrom Center for the Arts INSURER B : Philadelphia Indemnity Insurance Company 18058 INSURER C : NIA N/A Attn: Stacey Myers 600 Town Center Drive INSURER 0 : Public Indemnity Cc 20346 Costa Mesa, CA 92626 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-002386830-01 REVISION NUMBER: 2 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 INSD WVD POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDM'YY LIMITS A X COMMERCIAL GENERAL LIABILITY 7995-89-56 07/01/2017 07/01/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 71 OCCUR EE DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP Any one person) $ EXCLUDED PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L X POLICY ❑ PECT RO- ❑ JLOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY PHFK1676013 07/01/2017 07/01/2018 COMBINEDSINGLELIMIT Ea accident $ 1,000,000 BODILY INJURY (Par person) $ ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Peracciden0 $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per eccitlebt $ CON ICOLL DED. $ 1,000 UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB O'co:MADE DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN OFFICE RIMEMBE R EXCLUDED? (Mandatory In NH) NIA 7995-89-59 7 l 7 07/01/2018 X PER GTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Cllyof Santa and, Its off cars, employees, agents, and representatives are included as additional Insured (except workers' compensation) where required by written contract. Rill ,"J"A Gabrtki UGMA 91-3 CERTIFICATE HOLDER CANCELLATION City of Santa Ana Attn: Tram Le 20 Civic Center Plaza (M-25) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Beverly Diaz ®�}" M ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Endorsement Policy Period JULY 1, 2017 TO JULY 1, 2018 Effective Date APRIL 23, 2018 Policy Number 7995-89-56 Insured SEGERSTROM CENTER FOR THE ARTS Name of Company VIGILANT INSURANCE COMPANY Date Issued APRIL 23, 2018 This Endorsement applies to the following forms: GENERAL LIABILITY t Under Who is An Insured, the following provision is added. Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; to the extent such contract or agreement requires the person or organization to be afforded status as an insured; for activities that did not occur, in whole or in part, before the execution of the contract or agreement, and with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: that is more specifically identified under any otherprovision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract of agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. M Liability Insurance Additional Insured— Schoduled Person Or Organization continued Form 80-02-2807 (Rev. 5-07) Endon;emerd Page 1 Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with prunary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule CITY OF SANTA ANA, ITS OFFICERS, AGENTS, AND EMPLOYEES 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 All other terms and conditions remain unchanged. Authorized Representative ') -b babrlty Insurance Adddional Insured— Scheduled Person cr Organrzahon last page Form 80-02-2367 (Rev. "7) Er#orsenieat Page 2