Loading...
HomeMy WebLinkAboutDAZZLING D'S PRINCESS PRODUCTIONS, LLCCity of Santa Ana 1 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement amendments (if any) are no longer in effect. _g PM 4: 23 Note: If your agreement is grant related, please ensure that all grant retention requirements Cl v T Q have been satisfied prior to signing the termination form. r' " r� TA Q N t� CL_RK O,: COUNCIL 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 with N-2019-063 -*1 o. was completed on Li/21 CIA and final payment has been made. (List all amendments. Use space below if needed.) Department: PROS Phone/Ext.:0�� i Signature: Date: lassg n; 3 Revised: 10-18-16 t,s3URANC1'%ON FILE WORK MY PROCEED UNiiLIN URANCEEXPIRES �.�e�Karnou �IL ®Q (,SP () APR 2 2 2019 INDEPENDENT CONTRACTOR AGREEMENT m vvv (, ^Moo THIS AGREEMENT is made and entered into this 8th day of April, 2019, by and between Dazzling'D's Princess Productions, LLC., a California Limited Liability Company ("provider") and the City of Santa, Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a provider to supply a costumed superhero (supennan lookalike) for a two (2) hour meet and greet for the City's Children's Day/Book Day (Dia de los Nifios) event to be held on April 20, 2019 ("Event"). B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns acid conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall furnish one costumed superhero (superman lookalike) for a two-hour period between '11 a.m. and I p.m., for a meet and greet at the Event, as more fully described in Exhibit A attached hereto and incorporated by reference. 2. COMPENSATION a, City agrees to pay, and Provider agrees to accept as total payment for its services the amount of two hundred and thirty dollars ($230,00). The cost is identified in Exhibit A, attached hereto and incorporated by reference. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to the City's accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by the City. 3. TERM This term of this Agreement shall commence on the first date written above and terminate on April 21, 2019, unless terminated earlier in accordance with Section 1 I below. Page t of 8 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the set -vices to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City, S. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which 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 Provider'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 and $2,000,000 in the aggregate, including coverage of sexual misconduct. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of California state law, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. it. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates Page 2 of 8 of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section '1 of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arising by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. This indemnification provision No, 6 shall survive any expiration or termination of this Agreement. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. FINGERPRINTS AND BACKGROUND CHECK Provider, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Consultant shall be responsible for all charges associated with fingerprinting. Consultant shall not perform any services pursuant to this Agreement until clearance is received and Consultant is notified by the City's Parks, Recreation and Community Services Department. Page 3 of 8 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified malt, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Dazzling D's Princess Productions, LLC 67 Catalina Drive Mission Viejo, CA 92867 Phone: (949) 231-9817 Email: dazzlingprincessparty@gmail.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, corrununication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no Page 4 of 8 representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. IL ASSIGNMENT The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shalt be considered null and void. 12. TERMINATION This Agreement may be terminated by the City upon seven (7) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. 13. RECORDS Provider shall keep records and invoices in connection with the work to be performed under this Agreement. Provider shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to City under this Agreement. Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to City under this Agreement. 14. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. 15. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both parties further 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. LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services Page 5 of 8 hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 18, EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 'hOI;A\!i X � APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:Qc� Yt• ���ti LAURA A. ROSSINI Senior Assistant City Attorney CITY OF SANTA ANA STEVEN MENDOZA Acting City Manager Page 6 of 8 RECOMMENDED FOR APPROVAL: p�r LISA I� LLOFF Executive Director of Parks, Recreation and Community Services Agency PROVIDER: Dazzling D's Princess Productions, LLC. Day. pr 8,2019) Name: Dava McCoy Title: Owner Page 7 of 8 EXHIBIT A SCOPE OF SERVICES/FEES Page 8 of 8 ,r rrsirvcess vnoovvnowy Invite o Princess to Your Dazzling D's Princess Productions 2728 Breezy Point Lane Frisco, TX 75034 949-231-9817 dazzlinqpri ncesspartv(.gm ail. com Santa Ana Public Library 26 Civic Center Drive Santa Ana, CA 92701 714-647-5258 m loeara(cDsanta-ana. org Invoice No: SAPL1 Date: 3/19/2019 Dava McCoy Chilldren's Day Back Day Par Payment To Be Paid Via Check After Services Rendered 1 2 Hour Meet and Greet with Super Hero (superman loot like) $230.00 $230.QOi Subtotal ..$ 23000- Sales Tax@ 9,50% Included TOTAL 1e1 THANK YOU FOR YOUR BUSINESS! FAWR I T r R' !, l/1 M CI,I MY - /l = - •off Join us for the 11' Annual library event to celebrate children, families, literature, and cultures Acompknenos a celebrar el 11°Evento Anual de la biblioteca dedicado a los ninos, las familias, la literatura, y la cultura Eutertaimnent 0 Book Sale • Authors • resource lFair / uti eterr ruic*rrtri • Pen& de libros 0 .grrtor es • feria ile Recrnsros 10:30 am — 2:00 pm Main Library Biblioteca Cenhyd 26 Civic Center Plaza Santa Ana, CA 92701 (714) 647-5258 A�oRn CERTIFICATE OF LIABILITY INSURANCE 03izoi2o s' 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($), 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 IDA VO STATE FARM INSURANCE 745 S LEMON AVE O WALNUT, CA 91789 NONTA T ida Vo PHONE we no • 909 55-22 EMAIL A DORE s: IOA.VO.D02UCatSTATEFARM.COM INSURERS AFFORDING COVERAGE NAIC9 INSURER A: State Fan General Insurance CompanY 25151 INSURED DAZZLING D'S PRINCESS PRODUCTIONS 648 F NORTH TUSTIN ST ORANGE, CA 92867 INSURER 5: INSURER C: INSURER D: INSURER E : 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. ILSR OF INSURANCE ADDLTYPE WqR BUSH POLICY NUMBER POLICY EFF POLICY UP LMITS GENERALLIABIUTY Y 92-EU-W679-8 08/07/2018 08/07/2019 EACH OCCURRENCE 5 1,000,000 PREMISES Ea amunence $ 300,000 x COMMERCIAL GENERAL LIAOILITY CLAIMS -MADE ❑ OCCUR MED EXP Any one person) $ 5,000 PERSONAL SADV INJURY $ _ GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY PRoF7LOC F7 JE BUS PERSONAL PR $ 10,500 AUTOMOBILE LIABILITY E accitlent I L LIMIT $ BODILY INJURY (Par Person) 5 ANYAUTO ALL UTOOWNED AUTOS HIREDAUTOS NON OWNED AUTOS BODILY BODILY INJURY (Per eoc1denh $ P 0PERTY DAMAGE a acce, S 5 UMBRELLA UAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED 1 1 RETENTION $ $ WORKERS COMPENSATION WO 5TATU- OTF+ ER AND EMPLOYERS' LIABILITY ANY PROPRIETOMPARTNELEXECUTIVE YIN OFFICEIMEMSER EXCLUOEOP NIA E.L. EACH ACCIDENT $ E.L. DISEASE• PA EMPLOYEE $ (MendZq In NMI E.L. DISEASE -POLICY LIMIT $ If yes, describe under QFn Additional insured:City of Santa Ana, Its officers, agents, and employees20 Civic Center Plaza Santa Ana, CA 92701 DESCRIPTION OF OPERATIONS ILOCATIONS/VEHICLES IAUaeh ACORD 101, Additional Remarks Schedule, a more space is required) W��:) City of Santa Ana 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. ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD , 1t),01486 13284g.5 11-15-2010 km Policy No. 92 EUW679 8 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CMP-4860.1 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 EUW6779 8 Named Insured: MCCOY, DAVA DBA DAZZLING D'S PRINCESS PRODUCTIONS 67 CANTATA DR MISSION VIEJO CA 92692-5103 CMP-4860.1 Page 1 of 2 Name And Address Of Additional Insured Person Or Organization: THE CITY OF SANTA ANA, ITS OFFICERS,EMPLOYEES,AGENTS & REPRESENTATIVE 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 SECTION II — WHO IS AN INSURED of SECTION It — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Premises And Ongoing Operations Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations; or b. Products —Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1, above is subject to the following: b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional- insured will not be broader than that which you are required by the con- tract or agreement to provide for such ad- ditional insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this n rsement un- til by law; til a claim or "suit" is ten r). Copyright, State Farm Mutual Automobile Insurance Company, 20 Oe5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED �aQr, •,�, f 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: g, a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II — GENERAL CONDITIONS: The additional insured must: See to it that we are notified as soon as practicable of an 'occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the `occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4860.1 CMP-4860.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit' to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II — LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insur- ance available to the additional insured, provided that the additional insured is a named insured under such other insur- ance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007042 148020 08-26-2014 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a� +� Pev�e� WI C% P