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HomeMy WebLinkAboutVO, CHRISTINAINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES - ----sl l-1l 70Z4 CITY CLERK DATE. MAY 0 3 2024 ANk p April 16, 2024 Christina Vo ("Speaker/Performer") 7 B %z Canyon Road Santa Fe, NM 87501 hello(a�christinavo. com Re: Sneaker/Performer Eneacement Agreement N-2024-155 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 a presentation and reading of her book, My Vietnam, Your Vietnam. They will also provide a Q & A and a book signing once the presentation concludes. 2. Date(s): Saturday, May 18, 2024 3. Event Time(s): 2:00 p.m. — 6:00 p.m. 4. Location ("Property"): Newhope Library, 122 N. Newhope, Santa Ana, CA 92704 5. Compensation: An amount not to exceed $605.00. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Speaker/Performer agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Speaker/Performer agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Speaker/Performer's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 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. Speaker Agreement — Christina Vo Page 2 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/Perfminer, his or her agents, or employees. 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, tinder any present or future laws, statutes, or regulations for any claim or event relating to the condition of the City -provided equipment or SpeakorlPerformer'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 statementbetween 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. [signature page follows] Speaker Agreement — Christina Vo Page 3 N-2024-155 SIGNATURE PAGE FOR CHRISTINA VO SPEAKER/PERFORMER AGREEMENT CITY OF SANTA ANA SPEAKER/PERFORMER C,� 1161 lvaro Nunez Christina Vo Acting City Manager ATTEST: Jennifer L. l City Cle � ) RE CO NDED FOR APPRO VAL Brian Stem g Library Ser ees Director Library Services APPROVED AS TO FORM: f1hilon Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Christina Vo Address: 713 %x Canyon Road, Santa Fe, NM 87501 Phone Number: 415 810.4310 Email Address: hello@christinavo.com EVENT: Author Presentation and Reading/Q&A Session & Book Signing for Christina Vo LOCATION: Newhope Library 122, N. Newhope Santa Ana, Ca, 92704 TERM: One-time event: Saturday, May 18, 2024 COMPENSATION: $ 605.00 DESCRIPTION: Author, Christina Vo will provide a presentation and reading of her book, My Vietnam, Your Vietnam. She will do a Q & A and a book signing once the presentation concludes. The presentation will be conducted in person, It will be hosted by Patty Lopez, Principal Librarian in charge of Adult Services at the Newhope Public Library as part of the Author Hour Series. The presentation is free and everyone can attend. It will take place one time on Saturday, May 18, 2024 from 2:00-6 p.m. at the Newhope Public Library. She will be compensated $605.00 for her presentation. EXHIBIT B EXHIBIT B Speaker/Performer shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection .with services, products, and materials supplied to City. Total cost of such insurance shall be home by Speaker/Performer. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office (11I8O11) 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies, (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 The above required insurance policies are to contain or be endorsed to contain the following 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. (2) Waiver of Subrogation. Speaker/Performer's insurance company(ies) agree(s) to waive all rights of subrogation against the City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Speaker/Performer under this Agreement. (3) Primary Coverage. For any claims related to this Agreement, Speaker/Performer's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Speaker/Performer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) 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. C. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require 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. d. 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. C. 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 allpolicy 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. f. Special Events Coverage. Special events coverage is available and can by purchased by Speaker/Performer. Use this link to learn more: www.2sparta.com g. 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. ACORbr CERTIFICATE OF LIABILITY INSURANCE lla� DATE(MM/DD/YYYY) 1 04/18/2024 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 t t( _old PRODUCER st Main Stree►Insurance ervices, Inc. Aeeve ls2yyy'e peeveoDate:2 Grass Valley CA 9cs, AME: II a d ONE FAX (530) 477-6521 1a No: R�'R"Es�l�nfb@theeventhelper.com 5 COVERAGE NAICF INSURERA; Evanston Insurance Company 35378 _ INSURED Christina Vo Christina Vo, dba: 4051 24th St San Francisco CA 94114 INSURER B : INSURER C : INSURER D : INSURER E: 1 INSURER 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. INSR LTA TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MIND YYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGERENrED PREMISESS (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 Host Liquor Liability Retail Liquor Liability PERSONAL S ADV INJURY $ 1,000,000 A Y N 3DS5475-M3648962 05/18/2024 05/19/2024 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PHLOC GENERALAGGREGATE $ 2,000,000 12:01 AM 12:01 AM PRODUCTS - COMP/OPAGG $ 2,000,000 Deductible $ 1,000 OTHER: AUTOMOBILE LIABILITY COMBINED BINEDSINGLE LIMIT OME. I $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY ident (Par Accident) ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ Is UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN I PER I OTH- STATUTE iER E.L. EACH ACCIDENT $ ANYPROPRIETORIPARTNEWEXECUTIVE ❑ OFFICERIMEMBEREXCLUDED9 N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS b01ow DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Addklonal Remarks Schedule, may Wattache! U more space is required) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19. Attendance: 40, Event Type: Performer at Event(No Heavy Metal, Punk, Rap, Hip Hop Or Hard Rock). Event Location: Santa Ana Public Library The City, its officers, officials, employees, and volunteers are covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed. SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRC liWcRlnmganoLLD[viNdn City of Santa Ana AUTHORIZED REPRESENTATIVE REVIEWED & APPROVED Or. 20 Civic Center Plaza ��// P_.lUitlll➢'�L`:e A�ty4(u Santa Ana CA 92701 ®' Risk Management SpedNist ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY ge POLICY NUMBER: 3DS5475-M3648962 MAR l EVANSTON INSURANCE COMPANY 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 FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City, its officers, officials, employees, and volunteers 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 of this endorsement, but only with respect to liability for "bodily injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or 2. of Section II — Who Is An Insured: 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. s RiskMmagemmtDMefan REVIEWED & APPROVED BY: i MEGL 2217 01 19 Includes copyrighted material of Insurance Services Office, Ir 4f,&4,4 with Its permission. Risk Management Specialist 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. All other terms and conditions remain unchanged. MEGL 2217 0119 Includes copyrighted material of Insurance Services Office, li with its permission. MakMunapmadIxvielan Ren & AevRovm Br.MIN I ', Risk Management Spedalis[ 01