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Home My WebLink AboutMANTRACity of Santa Ana -� Clerk of the Co_ .,cil 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No / Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with COTC Office Use OnN airy°I^>a{'-_°_-- No. N-2022-298 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.:S� Signature: Date: 10 i9agreementsWorms4orm - agreement termination form_goldenrod.doc affitl_•' Mantra ("Speaker/Performer") Oscar Ramirez 1520 E Wellington Avenue Santa Ana, CA 92.701 Re: Speaker/Performer Engagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: I. Event Description: As further described in Exhibit A, attached hereto, the band, Mantra, will provide a forty-five (45) minute musical performance for PRCA. The live performance will take place at the City's Indigenous Peoples Day event at a time to be coordinated with event staff. Date(s): Saturday, October 8, 2022. Event Timc(s): 12:00 p.m. — 8:00 p.m. 4. Location: Plaza of the Sun, 20 Civic Center Plaza, Santa Ana, CA 92701 ("Property") Compensation:. $300 (payable on day of the event, 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 band members/performers. Equipment provided by City: advertising the program, space for the patrons attending„ stage, sound and lighting equipment, and staff to assist with setup. 7. Equipment provided by Speaker/Performer: insurance as required by the City and further detailed in Exhibit B, list —of tyTies Abe approved -by the Ci f Santa Ana prior to performance, and all other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Rodolfo Hernandez 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/Perforiner, his or her agents, or employees. Speaker Agreement — Mantra Page Z l 1. release: Speaker/Performer accepts 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 City -provided equipment or Speaker/Performer's use thereof. 12. The City shall have the right and royalty -free license to sirnulcast 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 nonexclusive and the copyright shall remain with the Speaker/Performer. Copies of SpeakertPerformer'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 RIDGE City Manager ATTEST: A - ,Clerk of the Council RECOMMENDED FOR APPROVAL Hawk Scott', Executive Directo Parks, Recreatio , rnunity Services Agency SPEAKER/PERFORTMER Oscar Ramirez Mantra APPROVED AS TO FORM: ATaA don Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION': Mantra 1520 E Wellington Ave Santa Ana, CA 92705 (714)232-6939 EVENT: Indigenous Peoples Day SERVICE DATE(S): October 08, 2022 COMPENSATION DIRE TO THE VENDOR: $300 to be paid day of the event. DESCRIPTION: Mantra is a band and will be performing for 45 minutes for the city of Santa Ana's 2022 Indigenous Peoples Day taking place October 08, 2022. The event will take place at The Plaza of the Sun 20 Civic Center Plaza Santa Ana, CA 92701. Open Hours -- event will open at 12 pm and close at 8 pm. 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 CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. 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 votun eery are o e covere as addi 1Conal rnsuredsnhGL po icI y w1 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.I. 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. 7. 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. S. 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. Tracy Digitally signed by Tracy Jacobs D ACC)RU CERTIFICATE OF LIABILITY Iacobs o :34:1 �----�YYY) 1 l0 /20 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 REPRESENTATIVEOR 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 hollder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Next Furst Insurance Agency, Inc. _ PHONE. _._ FAX ... tAFC. No. Exti: 222-5010 A/C Not: I PO Box 60787 E-MAIL ADDRESS: supp' ortCnexti,nsurance.com Palo Alto, CA 94306 IN:SURER.S. AFFORDING COVERAGE NAIL. fd INSURER A :. State National insurance Company, Inc. 12831 ................... INSURED'_'_'_.__.....�...mm.__ INSURER B: .. Oscar Ramirez Marl tra INSURER C :_. 1520 E Wellington Ave INSURER D Santa Ana, CA 92701 . INSURER E : INSURER F :. COVERAGES CERTIFICATE NUMBER: 212180089 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 WI-11CH 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, INSR LTR OF INSURANCE ADDTYPE INSD WVD POLICY NUMBER EFF MMIUDFYYYY MMPOLICY L ICY EXP DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S1,000,000.00 CLAIMS -MADE ', 1 OCCUR. DAMAGE T(i fdENTE,D PREMISES IEa ut;t.urranca 5100,000..00 .�. MVED EXP j'Any cane person) $S,000.00 PERSONAL BADVINJURY $1.000,000.00 m A X X NXTIOVKRHP4-00-GL 09/116/2022 09/16/2.,023 GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE. a2,.000,000.00X. X ❑ JEC POLICYT ❑ LOC C PRODUCTS ._COMPfCJPAGG 2,OC70,p00.d)0mm- $.. ....--- OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIM'.IT... Ea accident S, BODILY INJURY (Per person) $ ...... ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per aooidenfy'. 5 �..... HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE....... Per accident ........ $ $ UMBRELLA LIAR OCCUR .._ EACH OCCURRENCE $ AGGREGATE $ . ....... ....... EXCESS LIAR CLAtlM.S-MADE'. ..___ ..._._ .._..._. _......-.. DE RETENTIONS: WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y (N PER OTH- STATUTE ER E.L. EACH ACCIDENT .-- $ ANYPROPRVETOR:PARTNERIEKECUI"fVE 0FRCER/MEMSER EXCLUDED? ❑ NIA E.L. (DISEASE - EA EMPLOYEE ._...... 5 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLOY 1_.IMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Ramarks Schedule, may be attached U more space is required) The Certificate Holder is City of Santa Ana, Parks, Recreation and Communit Service, A General Liability ))Waiver of Subrogation applies in Favor of this City of Santa Ana, Parks, Recreation and COIUrnun'Ry Service. City of Santa Ana, Parks, Recreation and Community Service are an Additional Insured on the General Liability policy on a primaryand non-contributory basis. All Certificate Holder privileges apply only If required by written agreement between the Certificate Holder and the insured!, and are subject to policy terms and conditions. CANCELLATION City of Santa Ana, Parks, Recreation and Community Service LIVE CERTIFICATE 20 Civic Center Piz 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. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD REVIEWED & APPROVED Or �— Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 02 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE NXTDVKRHP4-00-GL 10/04/2022 State National Insurance Company, Inc. NAMED INSURED AUTHORIZED REPRESENTATIVE Oscar Ramirez Mantra 1520 E Wellington Ave Eric Harnden Santa Ana, CA 92701 COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES SEE ATTACHED SCHEDULE Additional Total $11.41 pl`� Authorized Representative Signature IL 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 eny REvir-WED&APPROVEDBv: Copyright, ISO Commercial Risk Services, Inc., 1983 Risk Management Analyst POLICY NUMBER: NxTDVKRHP4-00-Gi- COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 C Insurance Services Office, Inc., 2008 ��aoaaw�e � REVIEWED & APPROVED Eh - Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 04 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE NXTDVKRHP4-00-GL 10/04/2022 State National Insurance- Company, Inc. NAMED INSURED AUTHORIZED REPRESENTATIVE Oscar Ramirez Mantra 1520 E Wellington Ave Eric Harnden Santa Ana, CA 92701 COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES SEE ATTACHED SCHEDULE Return Total $0.00 4P-� Authorized Representative Signature BoaPink Mmogenad Mid= IL 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 eny REVIEI#rED&APPROVED BY: Copyright, ISO Commercial Risk Services, Inc., 1983 °i i1 Risk Management Analyst COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED -- PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person or Organization. City of Santa Ana, Parks, Recreation and Community Service 20 Civic Center Piz Santa Ana, CA 92701 SECTION II - WHO IS AN INSURED is amended to include the person or organization 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: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. 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. II. With respect to the insurance afforded to these additional insureds, the following is added to SECTION Ill— 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 shall not increase the applicable Limits of Insurance shown in the Declarations. III, Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis In accordance with the applicable written contract between you and the additional insured. All other terms and conditions of the policy remain unchanged. NXT-0084 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with permission ��oaaw�e Ride REVIEWED & APPROVED Eh- tP' Risk Management Analyst