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HomeMy WebLinkAboutGONZALES, RUDOLPHINSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: JAN 2 9 2024 (e.Sepu\gel January 12, 2024 Rudolph Gonzales ("Speaker/Performer") 11261 Campbell Ave Riverside, CA 92505 Rgonzal es 7699(&sbcglobal.net Re: Sneaker/Performer Engagement Agreement N-2024-040 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 science programming on the dates and at the locations provided below. 2. Date(s): Wednesday, February 7, 2024 Wednesday, February 28, 2024 3. Event Time(s): 6:30 p.m. — 7:15 p.m. 4. Location(s): February 7, 2024: Newhope Library, 122 N. Newhope Street, Santa Ana, CA 92703 ("Property") February 28, 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, Two Hundred Fifty Dollars and Zero cents ($1,250). Payment by City shall be made within forty-five (45) days of the completion of the event, subject to City accounting procedures. City and Speaker/Performer agree that all payments due and owing under this Agreement shall be made through check. 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 — Rudolph Gonzales Page 2 N-2024-040 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. 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 Ag- 4V "'Thomas R. HaIdli Interim City Manager ATTEST: FOR APPROVAL Brian/Sternberg Library Services Director Library Services APPROVED AS TO FORM: By: B on Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Rudolph Gonzales Rudolph Gonzales 11261 Campbell Ave Riverside, CA 92505 Telephone: (951) 743-0779 Email: rgonzales7699(a,sbcglobal.net EVENT(S): The Magic of Science Show 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: February 7, 2024 through February 28, 2024 COMPENSATION: Not to Exceed $1,250.00 DESCRIPTION: This vendor will provide science programs on Wednesday, February 7, 2024 (6:30 pm-7:15 pm) at the Newhope Library located at 122 N. Newhope Street, Santa Ana, CA 92703 and Wednesday, February 28, 2024 (6:30 pm-7:15 pm) at Main Library located at 26 Civic Center Plaza, Santa Ana, CA 92701. The total amount for this agreement shall not exceed $1,250.00. 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 program. 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. 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. 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. (Nat 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 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. 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. NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Rudolph Gonzales Name: Project N-2024-040 Number: Project The Magic of Science Show Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE COI GENERAL LIABILITY 2CN01775243 07/12/2024 11/17/2023 11.17.23.pdf WC Waiver- WORKERS COMPENSATION EXEMPTION WAIVER 11/20/2024 11/20/2023 Rudy Gonzales.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/7/2024 2:21 PM