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HomeMy WebLinkAboutVIETNAMESE LANGUAGE ACCESS/ASSISTANCE "VIETLA"INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: September, 2022 N N N Vietnamese Language Access/Assistance "VietLA" ("Speaker/Performer") 1056 Cabrillo Park Dr. Apt. B ct Santa Ana, CA 92701 WRe: Speaker/Performer Engagement Agreement rn N-2022-277 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: VietLA will provide: (1) a drum performance, (2) a Chinese traditional dance performance, and (3) a Chinese traditional musical instrument performance for PRCSA, as further detailed in Exhibit A. The performances will take place at the City's Mid -Autumn Festival at times to be coordinated with event staff. 2. Date(s): Saturday, October 1, 2022. 3. Event Time(s): Saturday, October 1, 2022 at 4:00 p.m. — 9:00 p.m. 4. Location ("Property"): Rosita Park, 706 N. Newhope St., Santa Ana, CA 92703 5. Compensation: Total amount not to exceed $2,400 under this Agreement (payable within forty-five (45) days following receipt of invoice pursuant to City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be made. Speaker/Performer is responsible for direct payment to individual performers. 6. Provided by City: advertising the program, space for the patrons attending, stage, sound and lighting equipment, and staff to assist with setup. 7. Provided by Speaker/Performer: insurance as required by the City and further detailed in Exhibit B, and all other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Juan Lara 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 attorney's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. Letter Agreement— Vietnamese Language Access/Assistance "VietLA" 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 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. 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 SKRT T �� City Manager ATTEST: O,� Clerk of the Council SPEAKER/PERFORMER 4?!�P� KarM Nguyen VietLA APPROVED AS TO FORM: By: BhrfTon Salvatierra Deputy City Attorney Parks, Recreation and Community Services Agency EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: VietLA Karduz Nguyen 1056 Cabrillo Park Dr. Apt. B Santa Ana, CA 92701 Karduz@vietia.org 650-808-5121 EVENT: Mid -Autumn Festival City Special Event LOCATION: Rosita Park, 706 N. Newhope, Santa Ana, CA 92703` SERVICE DATE(S): October 1, 2022; 4:00 - 9:00 p.m. PST COMPENSATION DUE TO THE VENDOR: $2,400; payable by check within forty-five (45) days following receipt of invoice. DESCRIPTION: VietLA non-profit organization will be providing three performances for the Mid -Autumn Festival City special event: 1. Drum Performance (11 performers) 2. Chinese Traditional Dance (10 performers) 3. Chinese Traditional Musical Instrument Performance (10 performers) City staff will be managing stage lighting set up and will be present at all times during the performance. EXHIBIT B Exhibit B — Insurance Requirements Speaker/Performer shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with products, materials, and/or services supplied to the City. The cost of such insurance shall be borne by the Speaker/Performer. a. Minimum Scope and Limit of Insurance: Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & 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 CO 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Workers' Compensation. As required by the State of California, with Statutory Limits and Employer's Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Speaker/Performer provides written verification that no employees will work event. Broader Coverage. If the Speaker/Performer maintains broader coverage and/or higher limits than 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. b. 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. c. Other Insurance Provisions 1. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds 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 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage. For any claims related to this contract, the Speaker/Performer's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Speaker/Performer's insurance and shall not contribute with it. 3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation. Speaker/Performer hereby grants to City a waiver of any right to subrogation that any insurer of said Speaker/Performer may acquire against the City by virtue of the payment of any loss under such insurance. Speaker/Performer agrees to obtain any endorsement that maybe necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. 6. 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Speaker/Performer's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Subcontractors. Speaker/Performer shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Speaker/Performer shall ensure that City is an additional insured on insurance required from subcontractors. 8. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Trary Digitally signed by ACORN® .. M—' Drte2022.0M28/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCEJacobs ,v _o9W/2022 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(ies) 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 NAME: Aaron Rosen Are 23 Insurance Services FAA PHONE 949 484-7500 A/C, No, Ext : ( ) (A/C, No): ADDRESS: team@arc23insurance.com 24000 Alicia Parkway INSURER(S) AFFORDING COVERAGE NAIC # #17332 INSURER A : STILLWATER INSURANCE COMPANY 25180 Mission Viejo CA 92691 INSURED INSURER B : INSURER C : Vietnamese Language Access/Assistance (vietla) INSURER D : 1056 CABRILLO PARK DR #B INSURER E : Santa Ana, CA 92701 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEETT- OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ Included A Y BP2002952 09/28/2022 09/28/2023 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JEC ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 11F<U11EF< I Y DAMAGE$ (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N - STATUTE JER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Business Personal Property Limit of Coverage 15,000 A (replacement cost) Y BP2002952 09/28/2022 09/28/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation; Primary/Non-Contributory Additional Insured: CITY OF SANTA ANA 20 CIVIC CENTER PLZ PARKS, RECREATION AND COMMUNIT SANTA ANA, CA 92701 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA 20 CIVIC CENTER PLZ PARKS, RECREATION AND COMMUNIT 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. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD m H R1skMw genafdDtvisias► REVIEWEDaeAPPROVEDBY: �— Risk Management Analyst :Z S T I L LWAwT E R INSURANCE COMPANY NEW NE W BUSINESS OWNER POLICY DECLARATIONS Named Insured and Mailing Address Policy Number BP2002952 Stillwater Insurance Group PO Box 45126 Jacksonville, FL 32232 855-712-4114 VIETNAMESE LANGUAGE ACCESS/ASSISTANCE (VIE' 1056 CABRILLO PARK DR #B Agency —and Service Contact SANTA ANA CA 92701 ARC 23 INSURANCE SERVICES (949) 484-7500 Policy Period 09/28/2022 to 09/28/2023 12:01AM Standard Time at the Premises location ** THIS POLICY DOES NOT COVER EARTHQUAKE OR FLOOD DAMAGE ** In return for timely payment and subject to all policy terms and conditions, we agree with you to provide insurance as stated in this policy, declarations, and every applicable form and endorsement. Also: Amount of insurance limits shown are not stackable across locations or buildings; With respect to Business Liability and Medical Expenses — each claim paid reduces the amount of insurance provided during the applicable annual period; and, If coverage limits or deductibles are indicated as "included" refer to policy provisions for coverage, conditions, and amount of insurance details. PREMIUM AND FEES Annual Premium $ 400.05 Terrorism - Certified Acts $ 3.80 Policy Fee - New Business $ 50.00 Total Annual Premium & Charges $ 453.85 �Ao�nH Risk REVIEWED & APPROVED Or �— Risk Management Analyst SECTION I - PROPERTY: Coverages, Forms, Limits & Deductibles Applicable for Specified Premises Premises/Location 1, Building 1 1056 CABRILLO PARK DR, B, SANTA ANA, CA 92701 Square Feet: 943 Building Limit Annual Increase: 6.0% Use: Immigration Solutions Coverage Business Personal Property (BPP) Business Income Accounts Receivable Arson Reward Debris Removal Equipment Breakdown Protection Coverage Extra Expense Fire Department Service Charge Fire Extinguisher System Recharge Fur, Jewelry or Patterns Theft or Damage Lock Replacement Pollutant Clean-up and Removal Valuable Papers and Records Form Number Limit Deductible BP 00 03 07 13 $15,000 $1,000 BP 00 03 07 13 12 Months 72 Hours BP 00 03 07 13 $10,000 $1,000 SB 04 02 05 15 $10,000 None BP 00 03 07 13 $25,000 $1,000 SB 04 53 12 17 IN PROP LIMIT $1,000 BP 00 03 07 13 12 Months None BP 00 03 07 13 $2,500 None BP 00 03 07 13 $5,000 None BP 00 03 07 13 $2,500 $1,000 SB 04 06 05 15 $1,000 None BP 00 03 07 13 $10,000 $1,000 BP 00 03 07 13 $10,000 $1,000 SECTION I - PROPERTY: Coverages, Forms, Limits & Deductibles Applicable Per Policy Coverage Form Number Limit Deductible Computer Operations Interruption BP 00 03 07 13 $10,000 72 Hours Electronic Data Damage BP 00 03 07 13 $10,000 $1,000 Forgery or Alterations BP 00 03 07 13 $2,500 $500 Identity Recovery Coverage SB 04 51 12 17 $25,000 $500 SECTION II - LIABILITY AND MEDICAL EXPENSES: Coverages, Forms & Limits Applicable Per Policy Coverage Medical Expense - $10,000 Any One Person Personal & Advertising Injury Business Liability - Per Occurrence Business Liability - Aggregate Business Liability - Prods -Completed Ops Damage to Premises Rented to You Form Number BP 00 03 07 13 BP 00 03 07 13 BP 00 03 07 13 BP 00 03 07 13 BP 00 03 07 13 BP 00 03 07 13 Limit IN LIAB LIMIT IN LIAB LIMIT $1,000,000 $2,000,000 $2,000,000 $100,000 3Rine REVIEWED & APPROVED Or �— Risk Management Analyst SECTION III - ADDITIONAL INTERESTS Additional Insured: CITY OF SANTA ANA 20 CIVIC CENTER PLZ, PARKS, RECREATION AND COMMUNIT, SANTA ANA, CA 92701-4058 5Risk REVIEWED & APPROVED Or �— Risk Management Analyst SECTION IV - ADDITIONAL FORMS: Applicable to All Premises and Coverages Coverage Form Number Calculation of Premium BP 05 01 07 02 Exclusion - Punitive Damages SB 04 03 08 14 Exclusion of Loss Due to By -Products of Production or Processing SB 04 17 08 14 Operations Cap on Losses From Certified Acts of Terrorism BP 05 23 01 15 Disclosue Pursuant to Terrorism Risk Insurance Act BP 05 15 01 15 California Disclosure Notice FNIC DN CA 01 06 Exclusion - Fungi or Bacteria (Liability) BP 05 77 01 06 Blanket Additional Insured & Subrogation Waiver SB 04 36 01 17 California Changes BP 01 55 05 17 Privacy Policy PRIVACY POLICY 01 20 California Race, National Origin & Gender Form CA RNOGBPF 04 21 California Fraud Statement IL N 018 01 22 Exclusion - Access or Disclosure of Confidential or Personal BP 15 05 05 14 Information and Data -Related Liability Employment -Related Practices Exclusion BP 04 17 01 10 Exclusion of Certified Acts of Terror - Nuclear, Biological, BP 05 26 01 15 Chemical, or Radiological Equipment Breakdown Schedule SB DS 07 12 17 Signed: ,w"""" by: Mark O. Davey, CEO Ao�nH R REVIEWED & APPROVED Or �— Risk Management Analyst C1 TY OF SA MrA A NA Rii sK MANAGEMENT a d&wso o� HUMAN RESOURCES M,anaglng RM vAnugh PoOdw 0unge (D la Karduz Nguyen/CE,O —__—hereby affirm under penalty of perjury, the following declaration: I certify on behalf of Vietnamese Language Access that during the term (Ccnsultantl, .-.otnpany Nurne) of my contract for speaker/performer - services with the City of Santa Ana, (Type of service provided) I will not ernpI:oy any person in any manner so as to become subject to the workers' comipensation laws of California, and agree that if I shouId become subject to the workers' comipensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions, and provide proof of workers' compensation coverage immediately. Print Name: Karduz Nguyen ... . ... ......... . ...... .......... . . ............. Print Title C... ......EO/Executive Director Signature: Telephone V : 650-808-5121 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 ($100,0001). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOiR IN SECTION 37016 OF THE LABOR CODE, INTEREST, AND ATTORNEYS FEES. 1:�R'isk Mgmt�lnsurance Requirements�WC Declorotion 081520.19 RiskMm%vmvADWW= j?� REVIEWED& APPRovED J!h- Risk Management Analyst