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Home My WebLink AboutLAM, EMMYINSURANCE ON FILE WORK MAY PROCEED UNTIIINSURAN EEXPIRES 5IIl 2� i CITY IAA 1 DATE 9 2024 O'. L-O CO) lE Sepu�Jea��M,r March 25, 2024 Emmy Lam ("Speaker/Performer") P.O. Box 1004 Los Angeles, Ca 90078 (818) 297-7132 yeryfunprograms gmail.com Re: Speaker/Performer Engagement Agreement N-2024-136 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 shall provide two calligraphy workshops, as detailed below, subject to non -substantive changes mutually agreed upon in writing between the parties. 2. Date(s): May 15th & 22nd, 2024 3. Event Time(s): Both events shall be 6:30 p.m. — 7:15 p.m. 4. Location ("Property"): May 15t°: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 May 22nd: Newhope Library, 122 N. Newhope Street, Santa Ana, CA 92703 5. Compensation: An amount not to exceed $850.00. Payable by check within forty-five (45) days of event; Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Provided by City: space for the event(s), microphone, projector, tables and chairs. 7. 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. l I. 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 N-2024-136 Speaker Agreement — Emery Lam Page 2 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, 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. CIT10F ANTA AN SPEAKER/PERFORMER Alvaro Nunez Emmy Lam Acting City Manager ATTEST: City RECOMMENDED FOR APPROVAL 4 V 41�- Brian Steenberg Library Services ector Library Services APPROVED AS TO FORM: By: ! j B on Satvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Emmy Lam Emmy Lam P.O. Box 1004 Los Angeles, CA 90078 Telephone: (818) 297-7132 Email: VBNFunProoramsftmall.com EVENT(S): Educational Community Workshop: Calligraphy Workshops with Emmy Lam LOCATIONS: All Library facilities including but not limited to facilities listed below. • Main Library, 26 Civic Center Plaza, Santa Ana CA 92701 • Newhope Library, 122 N. Newhope Street, Santa Ana CA 92703 TERM: May 15, 2024 — May 22, 2024 COMPENSATION: Not to exceed $850.00 DESCRIPTION: This vendor will provide calligraphy workshops on Wednesday, May 15, 2024 (6:30 pm-7:15 pm) at the Main Library located at 26 Civic Center Plaza, Santa Ana, CA 92701 and Wednesday, May 22, 2024 (6:30 pm-7:15 pm) at the Newhope Library located at 122 N. Newhope Street, Santa Ana, CA 92703. The total amount for this agreement shall not exceed $850.00. 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 Speaker/Performer shall procure slid maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to properly which may arise from or in connection with products and materials supplied to City. Total cost of such insurance shall be borne by Speaker/Performer. a. Minimum Scope and Limit of Insurance 1, Commercial General Liability (CGL): Insurance Services Office Form CO 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising hnjury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. 2. 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 and SAML policy(ies) 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 connection with such work or operations, 2. Certificate Holder: The certificate holder on each evidence of insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701, The name and location of event should be included in the description of operations section of each certificate. 3. 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:V1I, unless otherwise acceptable to the City. 4. 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. 5. Special Events Coverage: Special events coverage is available and can be purchased by Speaker/Performer. Use this link to learn more: www.2st)arta.com. 6. 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`"Rly CERTIFICATE OF LIABILITY INSURANCE °" (W" M" NY 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: H the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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($). j,y�p�q �y PROVeracity DUCER Insurance Solutio ,LLC. Di v 4yP'�47r6 31H °Angie.. - _ - V �/-�! IggA__c,,,,,N�P�,,I1 u. C Ipac.IgX (801}763.1374 ea,gic``SI-A ce W e�d O AC 1Y ICCi� infoQauinsurance_com ��✓JJINSURER(SI AFFORDING COVERAGE Da Ie02ii4:A'fk�y001_ 26832 -- R INSURED INSURER a: — EmmY Lam INstmEac: —� 1465 Tamarind Ave. #565 INSURER D: Los Angeles CA 90D28 wsuaFx E: INSURER F: rrnVRRAGFR CPRTIPWATP MIIMRGR• RCVIRVYM MIIMRFR• 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MaR T L`$URY iFC I EFF POLICY FXP � L TYPE OF INSURANCE i POLR:YNUMSER LaaTS GENERAL LIABILITY EACH OCCURRENCE S 1.0DO.000 X COAWERCIAL GENERAL /MIBRITY GENE j � '.1�"" f OAMAGETORENIEO �0D0 r PREMISES lEs ocanremR) S CERCM X OCCUR I I 4 MED EXP (Ate r P t S 5,000 A _ _ � PLE957546-AS286141 OS115l2024 � 0511712024 �ttII , � _ PPx9oNa anov lwuav s EXCLUDED dENERAL AGGREGATE S 2,000,000 ORNL AGGREGATE LART APPLIES PER. If PRODUCTS. COMPOP AGG S EXCLUDED_ X POLICY L P Loc I ANIMAL BAILEE 3 AUTOMOBILE LIABILITY ANY AUTO SOD0.Y INJURY (Pr pi~) S ALL OWNED SCHEDULED AUTOS �1AUTOS j BODAY I INJURY IWr AEU S NONED PROPERTY DATUCE f VIREO AUTO f_ AUTOS Ift APaNpI. OCCUR r i-1 EACH OCCURRENCE S OLCESS M'}M C_ WMBAWSE_ AGGREGATE. S IRElENT10N1 S WORKERS OOMPEMTION WCSTATV '� .OTH AIO9PLOYERO'LIABILnT YIN TORY LIMBS, ER, ANY PROMiiETORMARTNEREXECURvE NIM,II r EL EACH ACCIDENT S O"KAMIEMSEREXCLUDEDt pWn4Mry M m) 'II E L DISEASE - EA EMPLOYEE S e MI.WUb uMN ' E L DISEASE - PULH:Y uMrt { FF DESCRIPTION OF OPERATIONS I LOCATIONS IVENKLES IRRxAACORDT01,A40ISNNMR~BSCIIa4.RMMSpR NIe""OI Certificate holder has been added as additional insured regarding the above mentioned polky per attached Additional Insured - Designated Person or Organization (CG20 26, ED. 04 13) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City, Its City Council, Its officers, officials, employees, agents and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Volunteers ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE 4D1988.2014 ACORD CC ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS0251mL01I .v1"_v.,�c RMrMMssBLmMntDMlbn REVIEWID&APPROVED BY: MOWER Rhk Management Speargist '` CERTIFICATE OF LIABILITY INSURANCE °"0;,5 9ng° 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), AUTHORD:ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerfificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to Me terms and conditions of Me policy, certain policies may require an endorsement A statement on this certificate does not confer rights to Me certificate holder in lieu of such endmsement(s). PRGWGBa csnoMxE ACT Program Support m°NE . (844)-520E991 FN°%c xa: (801)-763-1374 Veracity Insurance Solutions, LLC. AooREss: C4 into actinsuree. nccom 260 South 2500 West, Suite 303 Pleasant Grove UT 84062 IxsMrexts AFFOROMG covERAGe NAKR NsuRmA: Great American Alliance Insurance Company 26832 WSVRW INSURER a: Emmy Lam NsuRER c: IXsums, n: 1465 Tamarind Ave. #565 Los Angeles CA 90028 INSURER E: IxsuRER F: COVERAGES CERTIFICATE NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFWTURANCE AWL suuR POUCYNUMBER wOCVEFF QYYYYI MMNCYFSP DRYOO Laos GBIERALWBILRY EACH OCCURRENCE s 1.000,000 X COMMERCNL GENERAL LIPBILITV GIAIMSMAOE O OCCUR r� I ^ pREMISEG bvmmnm 5 300,000 MEDSP —Inn n) 5 5,000 A PLE957546-AS287611 05/22/2024 05/24/2024 PPRSONALaA➢VINJURY 5 EXCLUDED GeIERALAGGREGATE s 2,000,000 GENL AGGREGATE LIMIT APRIES PEA: PRODUCTS-GOMPgP AGO S EXCLUDED x PONCY I PR0. I LDC Mflfl L BAILEE 5 AMINAIIILE.Iniv r F— CMBINMl CIXAdINF➢SIN L 5 BODILY INJUAYLPmp—) —AUnO $ AU OWNFfI BCHEOUIEII AUTOS AUTOS BODILY INJURY me 5 NIREOnpS N.—EO AUAUmS PR�FRIY pNAAfE e<m y s mlenELWLMB O:OUR F— F— EACH OCCURRENCE s AGGREGATE 5 IXCER Use I I CIAIMSt E DED1 I RETFMIONS .s NbRIrsRS onla'. ATWN YILSTAiV- 'OTH- ER ANGEMPLOYERS-LJABILRYJX Y pNYPROPRIETOWPARINERIEXECVINE I� EI EACHACCICENn 5 OFFICEMaMBERE%CLUDEO ❑ NIA El O49EASE-FA EM1IPLOYE S (MUWalory In en __..... E.L.OREASE-P0.ICV LIMIT 5 r F- UESCMMONMOPEMnOMILWATCNSIVEHICLES IA hACORDIGI.A4dMoml RemaAss ule,IlmmsparslsmgW I Certificate holder has been added as additional insured regaling the above mentioned policy per attached Additional Insured - Designated Person or Organization (CG20 26, ED. 04 13) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUMORM REPRESMMA 019118-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (201N01) The ACORD name and logo are registered marks of ACORD INS025 On,.q ,,. RMLM.%v cdDividon REY,EwED6 APPRIT/H)BY: A+� r4ewedD ® Rbk Management Spe.Aut PLE957546-AS287611 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): City of Santa Ana Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 26 (Ed. 04 13) A. SECTION II - WHO IS AN INSURED is amended to Include as an Additional Insured the pomon(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. Copyright, ISO Properties, Inc., 2012 CG 20 26 (Ed. 04/13) PRO Page i of 1 ns; RLkMOuganad D'oiiun -' fansvveo&APPlrav®tir. i. ikev4la ' euk Managemen[Spedkut