HomeMy WebLinkAboutDREAM SHAPERS; DBA: THE LOS ANGELES DREAM SHAPERS, A CALIFORNIA DOMESTIC NON-PROFIT CORPORATIONINSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
N-2019-094
0 DATE: MAY 1 0 2019 INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of May, 2019, by and
between The Los Angeles Dream Shapers, a California Domestic Non -Profit Corporation doing
business as Dream Shapers ("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 performers for various City Parks, Recreation
and Community Services events.
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
terms and conditions hereinafter set forth, the parties agree as follows:
L SCOPE OF SERVICES
Provider shall supply performers on an as needed basis for City events, as more fully
described in Exhibit A attached hereto and incorporated by reference. City staff shall request a
Proposal from Consultant prior to the City event. The proposal shall not alter the terms of this
Agreement but shall outline the date, time, specific perfonner(s), and their rate. The Executive
Director or her designee shall confirm in writing acceptance of the proposal prior to th.e
commencement of the City event.
2. COMPENSATION
a. City agrees to pay, and Provider agrees to accept as total payment for its services the flat
fees per event identified in Exhibit A, attached hereto and incorporated by reference. The total
cost of services provided pursuant to this Agreement shall not exceed five thousand dollars
($5,000) during the term of this Agreement.
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 that fails to meet the standards of performance set forth in the Recitals,
which may reasonably be expected by the City,
Page 1 of s
3. TERM
This term of this Agreement shall commence on July 1, 2019 and terminate on June 30,
2020, unless terminated earlier in accordance with Section LJ below.
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, tine services to be provided
by Provider shall be provided in a manner consistent with all applicable standards and
rcgulations 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,OOOper
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, single Iitnit of not less than $ I,OOQ000 with a combined
per occurrence. Such insurance shall include coverage
for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions ofCalifomia
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,
Page 2 of 8
d. 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
of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City.
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. 1fProvider 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 Unman Resources Department process. Consultant shall be responsible for all charges
Page 3 of 8
associated with fingerprinting. Consultant, its employees and subcontractors, 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.
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 snail, 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: Dream Shapers
P.O. Box 3831
Orange, California 92865
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,
communication 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 shalt 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
Page 4 of 8
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
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.
11. 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,
or delegate, any interest herein without the prior written consent of the City and any such
assignment, transfer, or delegation without the City's prior written consent shall 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 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 raider 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 determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shalt 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,
Page 5 of 8
lb. 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
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 mid attached hereto shall be incorporated as if fiilly set forth
in the body of this Agreement.
1.9. 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.
t
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• ¢1 M'LA'
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:<
LAURA A. ROSSINI
Senior Assistant City Attorney
CITY OF SANTA ANA
I INE RIDGE
City Manager
[Signatures continue on the next page]
Page 6 of 8
RECOMMENDED FOR APPROVAL:
CONSULTANT:
DREAM SHAPERS
s
EAp ive Director of Parks,
Recreation and Community Services Agency
Page 7 of 8
EXHIBIT A
SCOPE OF SERVICES/FEES
Page 8 of 8
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION:
Dream Shapers
P.O. Box 3831
Orange CA 92865
(714)771-1981
EVENT: Variety Type Performances
SERVICE DATE(S): July 1, 2019 through June 30, 2020
COMPENSATION: Not to exceed $5,000
DESCRIPTION:
This vendor may provide entertainment performances from the list below for the period of July 1, 2019
through June 30, 2020. The total amount for this Agreement shall not exceed $5,000. The various
performances will range in cost per the list below and is at a cost per performance.
Performances will be presented at any of the following locations: Main Library, 26 Civic Center Plaza,
Santa Ana CA 92701, the Newhope Library Learning Center, 122 N. Newhope Street, Santa Ana CA
92703, Centennial Regional Park, 3000 W. Edinger Avenue, Santa Ana CA 92704 and Plaza Calle
Cuatro- 325 E. 4"h St., Santa Ana CA 92701. Location, Date of event and event time will be mutually
agreed in writing by the parties when scheduled.
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.
List of Performers — Types of Performances — Rates
Brettso the Great (magic, balloons) $300
Ken Frawley (music, storytelling, puppets, trick roping) $325
Joe Gandelman (ventriloquism) $300
Rebecca Martin (storytelling, puppets) $300
Michael D. McCarty (storytelling) $330
Chazz Ross (percussion) $345
Christopher Yates (circus acts includin 'uggling, balloons, unicycle, stilt walking, music, magic) $320
Ranger Jack (music, puppets) $345
Teresa Smith (dance) $325
Arty Loon (magic, balloons, puppets) $325
Auntie Kayte (children's music) S300
Dennis Fore[ (balloons) $315
George Frawley (American Sign Language) $325
Zoomation (animals, puppets, songs) $325
parr® CERTIFICATE OF LIABILITY INSURANCE DArE,AIA°DIYYY
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S CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED RY THE POLICIES
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OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER)S), AUTHORIZED
RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortllicato holder Is an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, sub)ect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsermant)3).
PRODUCER
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Insurance Agency
PCNa ear; (9181 T84.9070 NXx (918)7840158
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50$ Vernon Street
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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The City of Santa Ana, its officers, agents, employees and volunteers are named additional insured under their contract terms. Coverage Is0Bifr 8nd
nonconldbutory and Form CD 20 28 applies -y1\
SHOULD ANY OF THEASOVE ESCRIBEfTyg51 ESEECANCELLEDBEFORE
THE EXPIRATION DATE THEREOF, NOTICPP WILL BE DELIVERED IN
City of SenlaAna ACCORDANCE WITH THE POLICY PROVISIONS.
20 Civic Center plaza
AUTHORRED REPRESENTAOVE
Santa Ana
ca 92701
m 1988-2015 ACORD CO PORATION. Aff7ights reserved,
—^•- r ••••.v, ern Aa vnu name anu logo are registered marine of ACORD
POLICYNUMBER: 2018-08609NPO
COMMERCIAL GENERAL LLIBILITY
CG 20 26 Od 13
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement mortifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
[Name Of Additional Insured Person(s) Or Or2anizationfsl
Any person or organization that you are required to add as an additional insured on this policy, under a written
contract or agreement currently in effect, or becoming effective during the Tenn of this policy. The additional
hatred status will not be afforded with respect to liabilityarising out of or related to your activities as a real
astute manager for that person or organization.
The City of Santa Ana, its officers, agents, employees and volunteers are named
additional insured under their contract terms. Coverage is primary and non-contributory
and Form CC 20 26 applies
Lilurnuuion require([ to complete this Schedule, if riot shown above will be shown in the Declarations,
A. Section II - Who Is An Insured is amended to
included as an additional insured the person(s) or
organizution(s) shown in the Schedule, but only
with respect to liability for "bodily injury" `°property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
I. In the performance of your ongoing operations; or
2. In connection with your premises owned by or
rented to you.
However;
I. The insurance afforded to such additional
insured only applies to the extent permitted by
late; and
2. If coverage provided to Lite additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section I I t — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay oil behalf of the additional insured is the
amount of insurance:
I. Required by the contract or agreement; or
2. Available under the applicable limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of insurance shower in the
Declarations,
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CG 20 26 04 13 CoplriOt, Insurance Services Office, bee, 2012 Page t of 1
NMNONPROFITS POLICY NUMBER:2018.08609 FORM: NIAC-E61 1117
INSURANCE NAMED INSURED: Los Angeles Dream Shapers (The)
AMANC£ 4F CAUTORNIA -
gHaadJorrnsuranca.ANaartJorNanprojlts.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.)
A. Section II— Who Is An Insured Is amended to include any public entity as an additional insured for whom you
are performing operations, who may be named in the schedule above, when you have agreed in a written
contract or written agreement that such public entity be added as an additional insureds) on your policy, but
only with respect to Liability for "bodily Injury" "property damage" or "personal and advertising injury' caused, in
whole or in part, by:
1. Your negligent acts or omissions; or
2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing
operations:
No such public entity is an additional insured for liability arising out of the "products -completed operations
hazard" or for liability arising out of the sole negligence of that pubic entity.
S. With respect to the Insurance afforded to these additional insured(s), the following additional exclusions apply.
This Insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(%) at
the location of the covered operations has been completed; or
2. That portion of "your work" out of which Injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations for
a principal as a part of the same project.
C, The following is added to SECTION III —LIMITS OF INSURANCE:
The limits of insurance applicable to the additional insured(s) are those specified in th written contract between
you and the additional insured(s), or the limits available under this policy, wl less. These limits are
part of and not in addition to the limits of insurance under this policy. 2�\
�.�
NIAC-E61 11 171`�1 5�,� Page 1 of 2
Q�G
®NONPROFITS POLICY NUMBER:20W0860g FORM: NIAC-E61 1117
INSURANCE NAMED INSURED: Los Angeles Dream Shapers (The)
ALLIANCE OP CALIFORNIA
A HoadJarinsuronas. AHeart/orNonprolits.
D. A. With respect to the Insurance provided to the additional insured(s), Condition 4, Other Insurance of
SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Otherinsurance
a. Primary Insurance
This Insurance Is primary if you have agreed In a written contractor written agreement
(1) That this Insurance be primary. If other insurance is also primary, we will share with all that other
Insurance as described in c. below; or
(2) The coverage afforded by this insurance is primary and noncontributory with the additional
insured(s)' own Insurance.
Paragraphs (1) and (2) do not apply to other insurance to which the additional Insured(s) has been
added as an additional insured or to other insurance described in paragraph b. below.
b. Excess Insurance
This insurance is excess over:
1. Any of the other Insurance, whether primary, excess, contingent or on any other basis:
(a) That Is Fire, Extended Coverage, Builder's Risk, installation Risk or similar coverage for "your
work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied
by you with permission of the owner;
(c) That is Insurance purchased by you to cover your liability as a tenant for "property damage" to
premises temporarily occupied by you with permission of the owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent
not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND
PROPERTY DAMAGE.
(a) Any other Insurance available to an additional insured(s) under this Endorsement covering
liability for damages which are subject to this endorsement and for which the additional
Insured(s) has been added as an additional insured by that other insurance.
(1) When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured(s) against any "suit" If any other insurer has a duty to defend the additional
insured(&) against that "suit". If no other insurer defends, we will undertake to do so, but we will be
entitled to the additional insured(s)' rights against all those other Insurers.
(2) When this insurance is excess over other Insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this
Insurance; and
(b) The total of all deductible and self -insured amounts under all that other insurance,
(3) We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of
Insurance shown In the Declarations of this Coverage Part.
C. Methods of Sharing
If all of the other Insurance available to the additional insured(s) permits contribution by equal shares,
we will follow this method also. Under this approach each insurer contributes equal amounts until it has
paid its applicable limit of insurance or none of the loss remains, whichever co(ofirst.
If any other the other insurance available to the additional Insured( &)doe permit contri on by
equal shares, we will contribute by limits. Under this method, each In s share Is based on the ratio
of its applicable limit of insurance to the total applicable limits of iaLeCtes,Io4all ins rs:
NIAC•E61 11 17
Page 2 of 2
V
WORKERS' COMPENSATION DECLARATION
I a( agf "'_ruby affirm under penalty of perjury, the
(Name/Title)
following declaration:
I certify on behalf of 3' IV( -2kWA al�uring the term of my
(Consulm t(Company Name)
contract for X ,UW V`-N 7& ( services with the City of Santa Ana, I will
not employ any person in any manner so as to become subject to the workers'
compensation laws of California, and agree that ifI should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith
comply wit_h,, those provisions and provide proof of workers' compensation coverage.
DATE:I�
—1 By:
Name:
Title: Cnt Gt .
Telephone:
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.