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Home My WebLink AboutHAYNES, FRANKLININSURANCE ON FILE WORK MAY PROCEED UNTIL INSUj(1NCE FXPPIIREES IL - CITY CLERK DATE: N May 15, 2023 0 N ccFranklin Haynes ("Speaker/Performer") 0 1234 Muirfield Road z Riverside, CA 92506 frankt7o puppetshows.com Re: Sneaker/Performer Engagement Agreement N-2023-143 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 detailed in Exhibit A, attached hereto, Speaker/Performer shall provide three (3) one - hour marionette performances for the City's Summer Splash Day Camp on July 25, 2023. 2. Date(s): July 25, 2023 3. Event Time(s): 1:00 p.m. at Jerome Community Center 2:30 p.m. at El Salvador Center 4:00 p.m. at Salgado Community Center 4. Location ("Property"): Jerome Community Center, 726 S Center St., Santa Ana, CA 92703 El Salvador Center, 1825 W Civic Center Dr., Santa Ana, CA 92703 Salgado Community Center, 706 N Newhope, Santa Ana, CA 92703 5. Compensation: The total amount to be expended under this Agreement shall not exceed One Thousand, Five Dollars and Zero Cents ($1,500); Speaker/Performer must provide IRS form W-9 before payment can be made. a. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work completed, subject to City accounting procedures. b. Payment need not be made for work that fails to meet the standards of performance that may reasonably be expected by City. 6. Provided by City: space for the patrons attending and staff to setup the space for patrons. 7. Provided by Speaker/Performer: Insurance as prescribed in Exhibit B as well as other equipment and materials necessary, including, but not limited to: all marionettes, equipment, props, costumes, materials, actors, and personnel for engagement. 8. City Contact Person (for coordinating purposes only): William Sandoval x4258 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, ajoint 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 Letter Agreement — Franklin Haynes Page 2 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. 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. 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. 14. 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. 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 SPEAKERIPERFORMER Kristine Ridge Franklin Haynes City Manager Owner [signatures continued on next page] Letter Agreement — Franklin Haynes Page 3 ATTEST: J fer L 11 erk Parks, Recreafibtr26fffm—unity Services Agency APPROVED AS TO FORM: By: B on Salvatierra Deputy City Attorney EXHIBIT A Administrative Office Franklin Haynes Bookings/Show info: 800-687.5193 1234 Muirfleld Road ,yes * Studio: 909-319.2860 Riverside, CA 92506 * t Fax: 677.257.2830 www.PuppetShows.com PULLING HEARTSTRINGS SINCE 1985 Frank@PuppetShows.com INVOICE #53718 "Checks Payable to: Franklin Haynes Marionettes 01' Marco Balleza Santa Ana Recreation 706 N Newhope Santa Ana CA 92701 Invoice Date: 7/25/23 P SERVICES TO BE DELIVERED P Event Information Event: Santa Ana's Summer Splash Day Camp Event Date: 7/25/23 • Time(s): 4:00 p.m. Location: Salgado Community Cener 0 City: Santa Ana CA 92703 Address: 706 N Newhope • Phone: 714-720-2411 Puppet Show Information Puppeteer: TC Number of Shows: One Show Name: The Princess and the Pirates • Show Length: One Hour Financial Information Price for each show: $500.00 • Discounts: $0.00 Total Show Price: $500.00 Insurance: $0.00 • Travel: $0.00 Payment received: $0.00 0 Total Balance Due: $500.00 Tips/Gratuity: At Your Discretion On Day of Performance ,o-$25.00 CHARGE ON ALL RETURNED CHECKS! $THERE IS NO CANCELATION POLICY Administrative Office Franklin Haynes Bookings/Show Info: 800-687.5193 1234 Muirfield Road a , fie$ * Studio: 909-319.2860 Riverside, CA 92506 %� Fax: 877.957-2830 www.Puppet5hows.com PULLING NEARTS?RINGS SINCE 1985 Frank@PuppetShows.com INVOICE #53720 Checks Payable to: Franklin Haynes Marionettes 040 Marco Balleza Santa Ana Recreation 706 N Newhope Santa Ana CA 92701 Invoice Date: 7/25/23 P SERVICES TO BE DELIVERED P Event Information Event: Santa Ana's Summer Splash Day Camp Event Date: 7/25/23 • Time(s): 1:00 p.m. Location: Jerome Community Center • City: Santa Ana CA 92703 Address: 726 S Center St • Phone: 714-647-6559 Puppet Show Information Puppeteer: TC Number of Shows: One Show Name: The Princess and the Pirates • Show Length: One Hour Financial Information Price for each show: $500.00 • Discounts: $0.00 Total Show Price: $500.00 Insurance: $0.00 • Travel: $0.00 Payment received: $0.00 • Total Balance Due: $500.00 Tips/Gratuity: At Your Discretion On Day of Performance �$25.00 CHARGE ON ALL RETURNED CHECKS! $THERE IS NO CANCELATION POLICY Administrative Office Franklin Haynes BookingsiShow Info: 800-687.5193 1234 Muirfield Road teS � Studio: 909.319.2860 Riverside, CA 92606 * Fax: 877.257.2830 www.Puppetshows.com PULLING HEARTSTRINGS SINGE 1985 Frank@PuppetShows.com INVOICE #53719 'Checks Payable to: Franklin Haynes Marionettes 0'0 Marco Balleza Santa Ana Recreation 706 N Newhope Santa Ana CA 92701 Invoice Date: 7/25/23 P SERVICES TO BE DELIVERED P Event Information Event: Santa Ana's Summer Splash Day Camp Event Date: 7/25/23 • Time(s): 2:30 p.m. Location: El Salvador Center • City: Santa Ana CA 92703 Address: 1825 W Civic Center Dr • Phone: 714-647-6558 Puppet Show Information Puppeteer: TC Number of Shows: One Show Name: The Princess and the Pirates • Show Length: One Hour Financial Information Price for each show: $500.00 • Discounts: $0.00 Total Show Price: $500.00 Insurance: $0.00 • Travel: $0.00 Payment received: $0.00 • Total Balance Due: $500.00 Tips/Gratuity: At Your Discretion On Day of Performance &-$25.00 CHARGE ON ALL RETURNED CHECKS! $THERE IS NO CANCELATION POLICY 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 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. 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 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 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 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. 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: I£ any of the required policies provide claims -made coverage: 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. 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. Garcia, Stephanie From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Tuesday, June 6, 2023 11:26 AM To: Garcia, Stephanie; certs@specialtyinsuranceagency.com; frank@puppetshows.com; Baird, Sarah Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Franklin Haynes Marionettes Name: Project TBD (052) Number: Project Speaker/Performer Engagement Agreement - Franklin Haynes Name: Marionettes 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 POLICY EXPIRATION COI DATE NUMBER DATE FILE NAME AUTOMOBILE LIABILITY WAIVER 04/21/2024 05/18/2023 Professional Liability and Auto Insurance Waiver_FHM.pdf TerryConci- GENERAL LIABILITY 2CN01747334 09/08/2023 04/20/2023 Cityof5antaAnaRiskManagementDivision- 230420182319. pdf WORKERS COMPENSATION AND WAIVER 04/21/2024 05/18/2023 Workers' Compensation _fHM.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1