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HomeMy WebLinkAboutMARIONETTES, FRANKLIN HAYNESCity of Santa Ana COTC Office Use Only Clerk of the Council wx C 20 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 al rant retention requirements QA _= SNP ' LEzR have been satisfied prior to signing the termination form. tE , s���pyiia, E Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-] 520 if you have any questions. The agreement with ��� �l i n tt�AW No. was completed on (List all amendments. Use space below if needed.) 6agraementslformslform - agreement termination form —goldenrod doe and final payment has been made. Department: Phone/Ext.:�►r Signature: Date:; _ A' ,E NOT ON FILE ;VAY NOT PROCEED (AERK OF COUNCIL DATEJAN 2 5 2022 -- �- Librort�O) January , 2022 Franklin Haynes Marionettes ("Speaker/Performer") 1234 Muirfield Rd. Riverside, CA 92506 Re: Sneaker/Performer Engagement Agreement N-2022-014 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: Franklin Haynes Marionettes will provide two performances for the library, as detailed in Exhibit A. The first performance will be held at the Main Library on Wednesday, May 4, 2022. The second performance will be held at the Newhope Library on Wednesday, May 25, 2022. 2. Date(s): Wednesday, May 4, 2022 and Wednesday, May 25, 2022. 3. Event Time(s): May 4, 2022 at 6:30 p.m. May 25, 2022 at 6:30 p.m. 4. Location ("Property"): May 4, 2022 at Santa Ana Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 May 25, 2022 at Santa Ana Newhope Library, 122 N Newhope Street, Santa Ana, CA 92703 5. Compensation: $400 per event with a total amount not to exceed $800 under this Agreement (payable by check within 30 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 assist with setup. 7. Provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Miranda Castro 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 attomey's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. N-2022-014 Letter Agreement — Franklin Hayes Marionettes Page 2 11. Release: Speaker/Performer accepts the Property and 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 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 fature laws, statutes, or regulations for any claim or event relating to the condition of the Property or 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 KRISTINE RID City Manager ATTEST: DAISY GOMEZ Clerk of the Council RECOMIVIE ED FOR APPROVAL Brian Sternberg Director, Library Services SPEAKER/PERFORMER Franklin Hayes APPROVED AS TO FORM: By: B on Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Franklin Haynes Marionettes 1234 Muirfield Rd. Riverside, CA 92506 Telephone: (800) 687-5193 Email: Frankna,PuppelShows.com httys://www.puppetshows.com EVENT: Franklin Haynes Marionettes Puppet Performance LOCATIONS: Performances will be presented at the following locations: Main Library, 26 Civic Center Plaza, Santa Ana, CA 92701 and the Newhope Library, 122 N. Newhope Street, Santa Ana, CA 92703. TERM: May 4, 2022 through May 25, 2022 COMPENSATION: Not to exceed $800.00 DESCRIPTION: This vendor will provide two puppet performances for the library. The first performance will be held at the Main Library on Wednesday, May 4, 2022. The second performance will be held at the Newhope Library on Wednesday, May 25, 2022. The total amount for this agreement shall not exceed $800.00. 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. Aboil SPECIALTY * a suUNCE Agm i of w , ycur cxwmrc d Digitally signed Angie by Angie Aceved DATE CERTIFICATE OF LIABILITY INWMf fP(1 n natP. 2(t)40122 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADD111ONALMMD prove Ion. or b endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on +:Iis ;ertificate 0,9n44nf�r0gb,0gA00' certificate holder in lieu of such endorsement(s). PRODUCER Contact Name: Heather Weiss Zenzen Specialty Insurance Agency Performers of the U.S. Phone: 715-246-8908 FAX: 715-246-8908 3432 Denmark Ave #231 Email: certs@specialtyinsuranceagency.com Eagan, MN 55123 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Evanston Insurance Company 35378 Terry Conci INSURER B: dba Franklin Haynes Marionettes INSURERC: 1234 Muirfield Road Riverside, CA 92506 INSURER D: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSD WVD DATE (MM/DD/YY) DATE (MM/DD/YY) X COMMERCIAL GENERAL EACH OCCURRENCE $ 1 000 000 DAMAGE TO RENTED LIABILITY CLAIMS MADE�CCUR PREMISES (Ea occurrence) $ 300'000 MED EXP (Any one person) $ 5 000 A GEN'LAGGREGATELIMIT X X 2CN0171-7334 09/08/2021 09/07/2022 PERSONAL &ADV INJURY $ 1 000 000 APPLIES PER: GENERAL AGGREGATE $2000 000 POLICY❑PROJECT PRODUCTS - COMP/OPAGG $ 2,000,000 HLOC PERFORMER ASSISTANT(S) EACH OCCURRENCE $ A AGGREGATE $ A BUSINESS PERSONAL AGGREGATE $ PROPERTY- INLAND MARINE SEXUAL ABUSE AND EACH OCCURRENCE $ A MOLESTATION $ OCCUR AGGREGATE A DATA BREACH AND CYBER AGGREGATE $ LIABILITY COVERAGE A EQUIPMENT LEASED OR AGGREGATE $ RENTED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Terry Conci dba Franklin Haynes Marionettes Additional Insured: The City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers as additional inured. Coverage is primary and not -contributory with respect to insurance or self-insurance maintained by the City. Thirty (30) day prior written notice of cancellation required. Email: msepulveda@santa-ana.org Event Dates: 04/08/2022 - 06/29/2022 %&ManagernadEl iaian +� \@ REVIEWED & APPROVED BY: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABO AT BEFORE THE EXPIRATIOICOVERAGE City of Santa Ana Risk Management Division Specialist 20 Civic Center Plaza, 4th floor WILL ENDEARManagement CERTIFICATE HOLDER N, , Santa Ana, CA 92702 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE "V POLICY NUMBER: 2CN0171-7334 COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE AGENCY OR SUBDIVISION SUBDIVISION - PERMITS OR This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OR GOVERNMENTAL OR POLITICAL AUTHORIZATIONS State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana, CA 92702 The City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers as additional inured. Coverage is primary and not -contributory with respect to insurance or self-insurance maintained by the City. Thirty (30) day prior written notice of cancellation required. 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 as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the 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. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement sh applicable Limits of In E Risk ManaganadDMsian Declarations. REVIEWED & APPROVED BY.- ni -�_r- Risk Management Spedalr5t CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 2CN0171-7334 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. Risk Management DMsian REVIEWED & APPROVED BY: NOW Risk Management Specialist CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: III 2 C N 0171-7334 MARKEV 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 LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $INCLUDED (Check box if fully earned ®) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products -completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such 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. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; Risk Managanad DMsian whichever is less. i5,1@ REVAEwm & APPROVED BY. - This endorsement shall not increase the applicable limits of insurance shown in the Decl< All other terms and conditions remain unchanged. --- Ri5kManagement Specialist MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WORKERS' COMPENSATION DECLARATION Franklin Haynes (Name/Title) following declaration: hereby affirm under penalty of perjury, the I certify on behalf of Franklin Haynes Marionettesthat during the term of my (Consultant/Company Name) contract for marionette puppet snows 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: 3/24/22 By: Name: Franklin Haynes Title: Owner Telephone: 800-687-5193 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. -.E Risk ManagementDMsian REVIEWED & APPROVED BY: NOW Risk Management Specialist Administrative Office Franklin Haynes Bookings/Show Info: 800.687.5193 1234 Muirfield Road 1 tes Studio: 909-319-2860 Riverside, CA 92506 Fax: 951-687.5191 www.PtuppetShows.com FULLINQ 09ARISI 1 OS SINC 1985 Frank@PuppetShows.com City of Santa Ana Risk Management Division, 4t" floor 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement and Release of Liability. Dear City of Santa Ana Risk Management Division: I, Franklin Haynes, Franklin Haynes Marionettes, hereby release the City of Automobile Liability. I do not use/ drive any vehicle during the course and scope of my agreement with the City of Santa Ana. Sincerely, Franklin Haynes Owner/Marionette Puppeteer* *Member of Puppeteers of America, Inc. Member of Los Angeles and Orange County Guild of Puppetry Insured through WOIRLD U.-OWNSS " II 11"IIII N, Illlin . - . E Risk Managt meet DMsian REVIEWED & APPROVED BY: �_r- Risk Management Specialist