HomeMy WebLinkAboutMAGIC MAKERS ENTERTAINMENT dba RICHARD THE MAGICIANCity of Santa Ana
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amendments (if any) are no longer in effect.
Nate: 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
No. N-2023 041 was completed on
(List all amendments. Use space below if needed.)
iAagreementslformsVorm - agreement termination #ormTgoidenrod.doc
COTC Office Use Only
C2o23
I of Santa S
JAN 202
city ClerWs Office
1_3 and final payment has been made.
Department:'
Phone/Ext.:
Signature:
Date:
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CA MAL
INSURANCE NOT REQUIRED
N-2023-041
WORK MAY PROCEED
CLERK OF THE COUNCIL is
DATE'
� ramN.,• , 2023
(Month) (Day)
M
tiMagic Makers Entertainment dba Richard the Magician ("Speaker/Performer")
C0 352 S. Center St.
c 1 Orange, CA 92866
rn 714-318-7538
richard rArichardthemaeician.com
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Re: S cer/Performer Engagement Agreement
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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, Richard the Magician will provide live, in -
person performances for the City Library.
2. Date(s): Wednesday, May 24, 2023;
Wednesday, May 31, 2023.
3. Event Time(s): 6:30 p.m. — 7:15 p.m.
4. Location: Wednesday, May 24, 2023 at 26 Civic Center Plaza, Santa Ana, CA 92701
Wednesday, May 31, 2023 at 122 N. Newhope Street, Santa Ana, CA 92703
5. Compensation: $625.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS
form W-9 before payment can be made.
6. Equipment provided by City: setting up the space for patrons attending and advertising the program.
7. Equipment provided by Speaker/Performer: Insurance as further detailed in Exhibit B and all other equipment and
materials necessary.
8. City Contact Person (for coordinating purposes only): Maria Sepulveda x5265
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.
N-2023-041
Speaker Agreement — Magic Makers Entertainment dba Richard the Magician
Page 2
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
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, which 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
_�,NA, ,(-
Kristine Ridge
City Manager
ATTEST:
orma Orozco
Acting Clerk of the Council
RECOMMENDED FOR APPROVAL
Brian Sternberg
Library Services Director
Library Services
SPEAKER/PERFORMER
RichardRibuffo 13, 2023 17:37 PST)
By; Richard
Title: Richard Ribuffo
APPROVED AS TO FORM:
By.
IlTwlabn Saivatierra
Deputy City Attorney
EXHIBIT A
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION: California Joe
Magic Makers Entertainment
DBA: Richard the Magician
352 S. Center St.
Orange, CA 92866
Telephone: (714) 318-7538
Email: richardna,richardthemagician.com
https: //socalkidsmagic. corn/
EVENT: California Joe (Magician Performance)
LOCATIONS: Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 and the Newhope
Library Learning Center, 122 N. Newhope Street, Santa Ana CA 92703
TERM: May 24, 2023 and May 31, 2023
COMPENSATION: $625
DESCRIPTION: This vendor will provide performances on May 24, 2023 at Main Library, 26
Civic Center Plaza, Santa Ana CA 92701 and May 31, 2023 at the Newhope Library Learning
Center, 122 N. Newhope Street, Santa Ana CA 92703. The total amount for this agreement shall
not exceed $625.00.
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.
1*410011:1Y8:?
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. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Speaker/Performer has no owned autos, hired, (Code 8) and non -owned autos (Code
9), with a limit no less than $1,000,000 per accident for bodily injury and property
damage.
3. Workers' Compensation: 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.
4. Sexual Abuse or Molestation (SAM) Liability: if the work will include contact with
minors, and the CGL policy referenced above is not endorsed to include affirmative
coverage for sexual abuse or molestation, Speaker/Performer shall obtain and maintain
a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000
per occurrence or claim. (Not required if City staff will be present at all times).
5. Broader Coverage: if the Speaker/Perfortner 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.
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 may be 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 A:VII,
unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide claims -made coverage:
i. The Retroactive Date must be shown, and must be before the date of the contract
or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a Retroactive Date prior to the contract effective date,
the Speaker/Performer must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of work.
8. 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.
9. 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.
10. 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 I1111RI T I'III I IPi II11 AGE ,CND INCLUDE Ck I 111 1AGREEMENTTOT111IE CLERK CSC 111I➢C COUNCIL
Contractor Magic Makers Entertainment
Name:
Project N-2023-041
Number:
Project Speaker/Performer Engagement Agreement - Richard the
Name: Magician
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
POLICY
EXPIRATIO
COI
FILE NAME
INSURANCE
NUMBER
N DATE
DATE
AUTOMOBILE
WAIVER
03/07/2024
03/15/202
, City Of Santa Ana_ Auto Insurance
LIABILITY
3
Requirement.pdf
GENERAL
2CN01741383
03/15/202
RichardRibuffo-
LIABILITY
8
03/25/2024
3
CityofSantaAnaRiskManagementDivisio ,
n-230315105354.pdf
WORKERS
COMPENSATIO
:NAND
WAIVER
03/07/2024
03/15/202
, City Of Santa Ana Workers Comp
EMPLOYERS'
3
Declaration.pdf
LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
3/15/2023 4:54 PM