HomeMy WebLinkAboutREBECA KINGINSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
August 2022
ro Rebeca King ("Speaker/Performer")
"4 127 Shapley Way
car San Clemente, CA 92672
CQ
Re: Sueaker/Performer Engagement Agreement
N-2022-226
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: Rebeca King will provide two, 45-minute performances for the Movie Night in the Park showing
of Encanto on August 31, 2022. The first performance will be photos with the public and balloon artist services.
The second performance will include facilitating a sing -a -long with the audience.
2. Date(s): Wednesday, August 31, 2022.
3. Event Time(s): 5:30 pm — 6:15 pm: Photos with guestsiballoon animals (45 min)
6:15 pm — 6:30 pm: Break (15 min)
6:30 pm — 7:15 pm: Performance/Sing-A-Long (45 min)
4. Location ("Property"): Memorial Park, 2102 S. Flower St., Santa Ana, CA 92707
5. Compensation: Speaker/Performer shall be paid an amount not to exceed Four Hundred Eighty Dollars and Zero
Cents ($480.00), as further detailed in Exhibit A (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 setup the space for patrons.
7. Provided by Speaker/Performer: All other equipment and materials necessary, including, but not limited to: costume
and make up.
8. City Contact Person (for coordinating purposes only): Sonia Buttes
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 j oint 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 attorney's fees) arising from the negligence or
willful misconduct of Speaker/Performer, his or her agents, or employees.
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
Letter Agreement — Rebeca King
Page 2
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 future 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. Commercial General Liability Insurance (CGL). 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, not be limited to protection against claim 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: Insurance Services Office Form CG 00 01 covering CGL
on an "occurrence" basis, including property damage, bodily injury and personal and advertising injury with limits
no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the
require occurrence limit.
15. Broader Coverage. If Speaker/Performer maintains broader coverage and/or higher limits that the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the
Speaker/Performer. Any available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
16. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may
require the Speaker/Performer to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured
or City.
17. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional
insured on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of
the Speaker/Performer including materials, parts, or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the Speaker/Performer's
insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10,
CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
18. Primary Coverage. For any claims related to this contract, the Speaker/Performer's coverage shall be primary
insurance coverage at least as broad as ISO CG 20 0104 13 as respects to the City, its officers, officials, employees,
agents and volunteers.
19. Cancelation of Insurance Policy. Each insurance policy required shall not be canceled, except with thirty (30) days
written notice to the City.
20. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a
current AM Best's rating of no less than A:VII, unless otherwise acceptable to the City.
21. Verification of Coverage. Speaker/Performer shall furnish the City with original Certificates of Insurance including
all required amendatory endorsements (or copies of the applicable policy language effecting coverage required) and
a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these specifications, at any time.
22. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City, its
elected or appoints officers, officials, agents, and employees for losses paid under the terms of any policy which
Utter Agreement — Rebeca King
Page 3
arise from work performed by the Speaker/Performer for the City. This provision also applies to the
Speaker/Performer's Workers' Compensation policy.
23. Special Risks or Circumstances. City reserves the right to modify these requirements at any time, including limits,
based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
24. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of
Speaker/Performces 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.
25. 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.
26. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
veteran status, 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 any services provided under this Agreement. Speaker/Performer affirms that they are an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
27. 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 ofthis Agreement.
2%. 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 RIDGE
City Manager
ATTEST:
w
, vwClerk ofthe Council
Parks, Recreation, and Community Services Agency
SPEAKER/PERFORMER
APPROVED AS TO FORM:
By:
Bandon Salvatiena
Deputy City Attorney
Scanned with CamScanner
EXHIBIT A
ESTIMATE
REBECA KING
(Mirabel Performer)
404-825-0662
rebeca.king@hotmaii.com
127 Shapley Way
San Clemente, CA 92672
Attention: Sonia Batres
Recreation & Community Services Supervisor
City of Santa Ana, Parks, Recreation and Community Services
Address: 20 Civic Center Plaza
Santa Ana, CA 92701
Date: 7/12/22
Event Title: Movie Night in the Park
Address: Memorial Park
2102 S. Flower St.
Santa Ana, CA 92707
Event Description: Encanto Movie Night/ Sing -a -long
Date of Event: 8/31 /22
Performer will interact with guests, 1 $380.00 : $380.00
do photo op, dance, and sing
songs before movie begins
Balloon animal service 1 $100.00 : $100.00
Thank you,
Rebeca King
Subtotal $480.00
Total $480.00
1
Araiza, Fatima
From:Frankston, Emerson
Sent:Monday, August 29, 2022 2:49 PM
To:!City Clerk
Subject:FW: Compliance Notice Request – City of Santa Ana Compliance (CSA - R1189)
Good afternoon,
The COI for Rebeca King, N-2022-226 was approved by RMD. RMD informed me to forward the e-mail below
to COTC.
Please let me know if you have any questions or require additional information. Thank you!
Sincerely,
Emy Frankston, Management Aide
City of Santa Ana, Parks, Recreation and Community Services
20 Civic Center Plaza, Santa Ana, CA 92701
(714) 647-5652 (O) | efrankston@santa-ana.org
This e-mail (and attachments, if any) may be subject to the California Public Records Act, and as such, may, therefore, be subject to public disclosure
unless otherwise exempt under the Act.
From: CTrax <certificate-request@ctrax.jdidata.com>
Sent: Monday, August 29, 2022 2:45 PM
To: eddie@eddieQinsurance.com; Frankston, Emerson <efrankston@santa-ana.org>
Subject: Compliance Notice Request – City of Santa Ana Compliance (CSA - R1189)
Compliance Notice
Dear City of Santa Ana,
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
Vendor Name: Rebeca King
1
Project Name: Rebeca King Rebeca King
The compliant coverage are:
POLICY EXPIRATION
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
Rebeca King
GENERAL LIABILITY 92J3C9441 08/31/2022 06/20/2022
COI_Part1.pdf
Thank you,
CTrax Plus Services Team
8/29/2022 5:45 PM
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