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HomeMy WebLinkAboutQING WEI LION & DRAGON DANCE CULTURAL TROUPECity of Santa Ana i Clerk of the Council 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 Na Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2023-012 was completed on (List all amendments. Use space below if needed.) Department:+' COTC Office Use Onl C2.02Z ify of Santa ,ins city clerk's Office and final payment has been made. Phone/Ext.- Signature: 9-WA� Date: _ - bagreementslt`ormsVorm - agreement termination torm—goldenrod.d©c INSURANCE NOT ON FILE WORK MAY NOT PROCEED oCLERK OF COUNCIL ti DATE: b:Lihr'Ury�e)[�1�3 )CAW) January tL, 2023 Qing Wei Lion & Dragon Dance Cultural Troupe ("Speaker/Performer") 15911 Rochester St. Westminster, CA 92683 Qingweib ooking_A gmail. corn Re: Speaker/Performer Engagement Agreement N-2023-012 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: As further described in Exhibit A, attached hereto, in celebration of the Lunar New Year, the Qing Wei Lion & Dragon Dance Cultural Troupe will provide a dance presentation and attendees will have an opportunity to meet the lions and dancers. The event will be hosted by Tony Lam, Technology Librarian 2. Date(s): Saturday, January 28, 2023. . 3. Event Time(s): 2:00 p.m. — 4:00 p.m. 4. Location: 26 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: $2,200 (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: microphone, projector, event space, tables and chairs. 7. Provided by Speaker/Performer: ]assurance as further described in Exhibit B, attached hereto, and all other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Maria Castro x5269 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. 11. 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 N-2023-012 Speaker Agreement — Qing Wei Lion & Dragon Dance Cultural Troupe Page 2 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 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 Ridge City Manager ATTEST: L6% onna Orozco Acting Clerk of the Council FOR APPROVAL Brian Sternberg Library Services Library Services SPEAKER/PERFORMER Austin Quach (Jan 10, 202313:06 PST) Austin Quach Organizer APPROVED AS TO FORM: By. , Arafffon Salvatierra Deputy City Attorney EXHIBIT A SCOPE OF SERVICES VENDOR INFORMATION: Name: Austin Quach Address: 15911 Rochester St, Westminster, CA 92683 Phone Number: 714-766-2943 Email Address: gingweibooking@gmail.com EVENT: TET/Chinese New Year Celebration LOCATION: Santa Ana Public Library, Main Branch, 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event: Saturday, January 28, 2023 — 2-4 p.m. COMPENSATION: $ 2200 DESCRIPTION: Qing Wei Lion & Dragon Dance Cultural Troupe will provide a dance presentation, which includes: • 30-minute plus performance • Five Lions performance • Happy Buddha • Five thunderous drums performance • Drunken lion performance • Lion vs. snake performance • Photo ops when 5 lions open large scrolls with blessings in Vietnamese • Lion interaction with guests • Photo ops with our lions & Buddha with all guests! The Tet or Lunar New Year celebration is free to the public, and it will take place at the Main Library. The performance will be in person and attendees will have a chance to enjoy the presentation and meet the lions and dancers. The event will be hosted by Tony Lam, Technology Librarian. This celebration will take place on January 28, 2023 from 2-4:00 p.m. There will crafts for the kids and family. EXHIBIT B Exhibit B Prior to undertaking performance of work under this Agreement, 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 the performance of the work hereunder and the results of that work by the Speaker/Performer, their agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): 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 aggregatelimit 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. Workers' Compensation: if performers are employees, insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 3. 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. Other Insurance Provisions 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 connectionwith 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 notavailable, 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. 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. 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. 6. 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 ANH, unless otherwise acceptable to the City. 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. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. NOTICE OF COMPLIANCE CITY"A ,AM I1111RINT I'III I Pi I1111 AGL AND INCLUDE Ck I 111 1AGREEMENTTOT111IL CLERK CAL MIL COUNCIL Contractor Qing Wei Name: Project TBD (035) Number: Project Speaker/Performer Engagement Agreement - Qing Wei Lion & Dragon Name: Dance Cultural Troupe 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. The compliant coverage(s) are: TYPE OF INSURANCE GENERAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/25/2023 7:12 PM POLICY EXPIRATION NUMBER DATE 3D55473M3070011 i 01/29/2023 WAIVER 01/19/2024 COI DATE FILE NAME 3DS5473- 01/24/2023 M3070011 Certificate of Insurance.pdf 01/23/2023 WC Waiver.pdf