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HomeMy WebLinkAboutBEST ENTERTAINMENT & EVENTS, INC., DBA: BEST BUBBLE PARTIESCity of Santa Ana j Clerk of the Council _cord AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreem all 1 amendments (if any) are no longer in effect. 61 PM qr 21 Note: If your agreement is grant related, please ensure that all grant retention requiremchITY Q ni have been satisfied prior to signing the termination form. C CLE `Rh"r� j ^ QF cQuC ,i Is the agreementtI s) a permanent record? Yes No ! �L Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. j The agreement with 9A5,,t r—�kk' 'YWUA+ Y`J-EbC i�U,bb� No. N-2019-109 was completed on (List all amendments. Use space below if needed.) Revised: 10-18-16 Use -712 q and final payment has been made. Department: 'M�6A Phone/Ext.: ��tq Signature: Date: INSURANCE NOT ON FILE WORK MAY NQ PROCEED CLERK OF COUNCIL DATE: JUN 1 9 2019 � s\vasv �w•w�i June 3, 2019 Best Entertainment & Events, Inc., dba Best Bubble Parties ("Speaker/Performer") 13654 Victory Blvd., #545 Van Nuys, CA 91401 Re: Speaker/Performer EngaKement Agreement N-2019-109 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagements described below: Event Description: Best Bubble Learning: Assembly -Presentation on the fun science of bubbles (public event). 2. Date(s): July 2, 2019. 3. Event Time(s): 6:30 PM. 4. Location: Santa Ana Main Library located at 26 Civic Center Plaza, Santa Ana ("Property"), 5, Compensation: $305.00 (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: None 7. Equipment provided by Speaker/Performer: all equipment necessary for presentation. 8. City Contact Person (for coordinating purposes only): Lupita Arroyo or Michelle Loera. 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, its agents, or its 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, its agents, or its employees. Letter Agreement — Best Entertainment & Events. Inc., dba Best Bubble Parties Page 2 11. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment used in connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenant 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 Property or City -provided equipment. 12. Speaker/Performer shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Speaker/Performer'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, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions, 13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if NSA Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. 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 webeast 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. 15. Fingerprints and Background Check. Provider, and any employees, subcontractors or volunteers, shall arrange f'or 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, 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. 16. 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. 17, 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. 18, 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 Letter Agreement — Best Entertainment & Events. Inc., dba Best Bubble Parties Page 3 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 SANTTTAA ANA KRISTINE RIDGE City Manager ATTEST SP KER/PERFORMER office manager Y. Best Entertainment & Events, Inc., dba Best Bubble Parties APPROVED AS TO FORM: Byc� ;Ar• ��?s�n,�. LAURA ROSSINI Senior Assistant City Attorney PECOMM14NDED F PPROVAL: LI g-16�4LEO FF Executive Director of Parks, Recreation, and Community Services Agency Ac �®1!I 5/10/2019 CERTIFICATE OF LIABILITY INSURANCE DAT 5/10/2 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(les) 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 Stephanie Weiss Specially Insurance Agency PHONE FAX Performers of the U.S. lac L,�,q. 715-246-8908 _ - _ (AIc No): 715-246-4257 _ P.O. Box 24 E-MAIL ADDRESS: @p y g y carts s ecialt inrances enc .com _su_ _ New Richmond, WI 54017 _.. --- _ INSURER(S)AFFORDING COVERAGE NAICM INSURER A: Evanston Insurance Company 35378 INSURED Shannon Lovley dba Best Bubble Parties, Best Bubble Learning 13654 Victory Blvd., #545 Van Nuys, CA 91401 D: COVFRAIMPR CRRTIPICATR KIIIMRRR- RF\/ICIr1N MI IMRRR• 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. IN SR - LSUBRi POLICY EFF POLICY EXP LTR ADD TYPE OF INSURANCE N D POLICY NUMBER MMIOOM/YY MMIDDM/YY LIMITS X COMMERCIAL GENERALLIABILITV III EACH OCCURRENCE $ 1,000,000 MADE X OCCUR j DAMAGE TO AEN ED 30Q000 I�CLAIMS PRE EXP( Any one person) $ 5,000 PMEDREMEES (Ed(Any occurrence) $ A X X 2CN0162-19097 OB/02/2018 08/01I201g PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: __. G ENERALAGGREGATE $ 2,000,000 PRO- X POLICY J JECT LOC h I- PRODUCTS-COMP/OP AGG $ 2,000,000 11 OTHER: $ AUTOMOBILE LIABILITY 11 COMBINED SINGLE LIMIT $ I (Ea accident_ _ ANY AUTO BODILY INJURY (Perperson) I $ OWNED SCHEDULED �I AUTOS ONLY AUTOS ----- --- BODILY INJURY (Per accident) $ —� HIRED NON -OWNED I ' PROPERTY DAMAGE - -- �I ' AUTOS ONLY AUTOS ONLY (Per accident) III, UMBRELLA LIAB�� OCCUR EACH OCCURRENCE I S I EXCESS LIAB CLAIMS -MADE. I .AGGREGATE I $ _ -_.. DED ''.. I RETENTION$ $ WORKERS COMPENSATION STAPERTUTE OTH- ER i� -- -- AND EMPLOYERS' LIABILITY YIN E. L. EACH ACCIDENT $ _ - - - IANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A (MandaiinNH) 1 E.L. DISEASE - EA EMPLOYEE $ If yes, describe under -- DESCRIPTIONOFOPERATIONSbelow IiI LIMIT $ A BUSINESS PERSONAL PROPERTY- (?f`a� �L`,DI `p1-POLICY GREGATFI $ INLAND MARINE I y\" 444 PJ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more spas is require) n1 PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Shannon Lovley dba Best Bubble Parties, Best Bubble Learning (� Insured: Santa Additional Ana Public Library, City of Santa Ana, it's officers, agents and employees Email: mloera@santa-ana.org Attn: Michelle Loera Event Dates: July 2, 2019 Santa Ana Public Library 26 Civic Center Plaza SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Santa Ana, CA 92701 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY III POLICY NUMBER: 2CN0162-19097 MARKED EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM Please refer to each coverage form to determine which terms are defined. Words shown in quotations on this endorse- ment may or may not be defined in all coverage forms. �Y9:1��111� Person or Entity: Any person or organization to whom you are obligated by valid written contract to provide such coverage. Additional Premium: $ (Check box if fully earned.®) Included WHO IS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additional Insured under this insurance, but only as respects negligent acts or omissions of the Named Insured and only as respects any coverage not otherwise excluded in the policy. Our agreement to accept an Additional Insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense shall be afforded to the Additional In- sured. No coverage shall be afforded to the Additional Insured for injury or damage of any type to any "employee' of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage. All other terms and conditions remain unchanged. MEGL 0009-01 04 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY III POLICY NUMBER: 2CN0162-19097 MARKED EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 040 1 =1 11f4= Additional Premium: $ 0 Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees to waive rights of recovery in a written contract. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above as respects written contracts that exist between you and such person or entity, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain unchanged. 41 Xp ery610 MEGL 0241-01 04 11 Includes copyrighted material of Insurance Services Office, Inc. with its Page 1 of 1 permission. POLICY NUMBER: 2CN0162-19097 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance: and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ..a CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS' COMPENSATION DECLARATION I Jordan Monks hereby affirm under penalty of perjury, the (Name/Title) following declaration I certify on behalf of Best Bubble Learning that during the term of my (Consultant/Company Name) contract for Bubble Assembly 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 if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions and provide proof of workers' compensation coverage. DATE: 5/9119 By4) /a-lq Name: / Jordan Monks Title: Telephone: 818-350-2825 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.