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HomeMy WebLinkAboutELIZABETH LUCE DBA LUCE PUPPET COMPANYINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLEL:- DATE, JAN 18 W4 0 -, L�D C CC•Se. January 4, 2024 Elizabeth Luce dba Luce Puppet Company ("Speaker/Performer") 1322 N. Central Avenue, Unit B Glendale, CA 91202 elzabethy@,hicepuppetco. corn Re: Speaker/Performer Engagement Agreement N-2024-022 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, Speaker/Performer will provide puppet programming on the dates and at the locations provided below. 2. Date(s): Wednesday, January 17, 2024 Wednesday, January 31, 2024 3. Event Time(s): 6:30 p.m. — 7:30 p.m. 4. Location(s): January 31, 2024: Newhope Library, 122 N. Newhope Street, Santa Ana, CA 92703 ("Property") January 17, 2024: Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 ("Property," or collectively "Properties") 5. Compensation: Total sum to be expended under this Agreement shall not exceed One Thousand, One Hundred Dollars and Zero cents ($1,100). Payment by City shall be made within forty-five (45) days of the completion of the event, subject to City accounting procedures. 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 performance, setup of space for patrons attending, and advertising the program. 7. Provided by Speaker/Performer: Speaker/Performer will be responsible for insurance requirements as detailed in Exhibit B as well as providing 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. Speaker Agreement — Elizabeth Luce dba Luce Puppet Company N-2024-022 Page 2 11. Release: Speaker/Performer accepts any City -provided Property or 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 Property or equipment or Speaker/Performer's use thereof. 12. 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. 13. 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. 14. 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. 15. 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 fOFF�SANTA ANA 3 /LTV �- AF Thomas R. Hatch Interim City Manager RECOMMENDED FOR APPROVAL Brian Sternber Library Services irector Library Services SPEAKER/PERFORMER E6iaabet h ZXe Elizabeth Luce (Jan 9, 202410:36 PST) Elizabeth Luce APPROVED AS TO FORM: By: BhTffon Salvatierra Deputy City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Luce Puppet Company Luce Puppet Company 1322 N. Central Avenue Unit B, Glendale CA 91202 Telephone: (818) 264-8661 Email: elizabeth(a,luceounDetco.com EVENT(S): Wacky Winter Adventure Puppet Show LOCATIONS: Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 Newhope Library, 122 N. Newhope Street, Santa Ana CA 92703 TERM: January 17, 2024 through January 31, 2024 COMPENSATION: Not to Exceed $1,100.00 DESCRIPTION: This vendor will provide puppet programs on Wednesday, January 17, 2024 from 6:30 pm-7:30 pm at the Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 and Wednesday, January 31, 2024 from 6:30 pm-7:30 pm at the Newhope Library located at 122 N. Newhope Street, Santa Ana CA 92703. The total amount for this agreement shall not exceed $1,100.00. 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. 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. Workers' Compensation Insurance: As required by the state of California, with statutory limits and employers' liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 3. Sexual Abuse and 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 and molestation, Speaker/Performer shall obtain and maintain a policy covering sexual abuse and molestation with a limit no less than $100,000 per occurrence or claim and with a limit no less than $1,000,000 per occurrence or claim for an organization. (Not required if City staff will be present at all times.) 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 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. 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. 8. 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. A-PLU-1 OP ID: KH 1 f►� " CERTIFICATE OF LIABILITY INSURANCE MMIDDIYYYY) DATE 1(211312023 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 Customer First Insurance 151 E 1015 St., Suite 300 CONTACT NAME: Dale Wttick, Jr., CPCU PHOON Esq: 215 733 7467 aq Nnl: Conshohocken, PA 1942 ADORess: Info@PEEPinsurance.com INSURERS AFFORDING COVERAGE NAICN INSURERA: Philadelphia Insurance Company 18058 INSURED PEEP-C-2023-22870 INSURER B INSURER C Luce Puppet Company 1322 N. Central Avenue, Unit B INSURER 0: INSURER E: Glendale, CA 91202 INSURERF: COVERAGES CERTIFICATE NUMBER: PEEP-C-2023-22870 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER MD POLICYNUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDDNYYY) LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS -MADE XI OCCUR DAMAGE TO RENTED PREMISES E...nre $100,000 MEDEXP(Anyansperson) $0 X PHPK2567170 11/11Y2023 11/1712024 PERSONAL AADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 HPOLICY ❑PROJECT ❑LOD PRODUCTS—COMPIOPAGG $2,000,000 X OTHER -PER INSURED AUTOMOBILE LIABILITY COMBINED SINGLE UNIT Ea Amidsnt ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Permadent) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DE0 I I RETENTION $ WORKERS COMPENSATION PER. OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under N/A STATUTE ER E.L EACH ACCIDENT E.L DISEASE -EA EMPLOYEE E.L DISEASE -POLICY UMIT DESCRIPTION OF OPERATIONS below A Intend Marine Equipment Coverage PHPK2567170 11/170023 11/17/2024 Property limit $15,000 Routed E ui merit Limit I Not Covered DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, officials, employees, and volunteers CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Santa Ana Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE © 1988.2015 ACORD COR "M ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD REmEvXED&APPRovEDBr ® Ric4 rJ�nnnamonP Gn�h.�, COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any persons or organizations where required by a written contract, agreement, or request executed prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 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. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 REM m y L� Tay J Risk Management Analyst POLICY NUMBER: PHPK2567170 COMMERCIAL GEN ERAL LIABILITY CIS 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 The City of Santa Ana it's officers, employees, agents and representatives. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Ri,1M=9Vm hDMd= RimmED lAPPRcvmRr. ^, 7ucv, J" Risk Management Analyst i LUCE PUPPET- COMPA► N November 11, 2023 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: Luce Puppet Company has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Luce Puppet Company attests to the following: 1. Luce Puppet Company will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. Luce Puppet Company will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3. Luce Puppet Company consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, Elizabeth Luce, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Luce Puppet Company is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Stincere E za eth Luce O r Luce Puppet Company 818-264-8661 el izabeth@lucepuppetco.com RBk Management Analyst CITY OFSANTA ANA RI5K MANAGEMENT. q( HUMAN RE50URCE5 Managing Risk #rough Posture Change WORKERS' COMPENSATION DECLARATION hereby affirm under penalty of perjury, the (Nome/Title) following declaration: I certify on behalf of LO(-f- COMn�) that during the term (Consultant/C mpanyNome) of my contract for P" D it,.) �o �,a services with the City of Santa Ana, ( ype of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: o I i L I Z-3 Print Name: E \ e � 1 l�zc�Jn c 'tln L-oce- Print Title: Signature: —� Telephone: %R _ ZG )I —SC6, 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 ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. klRisk Mgmt1lnsurance RequirementslWC Declaration 08152019 w�ken� RE,A w &APPRovm Br. `- T40L y J" Ruk Management Analyst