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HomeMy WebLinkAboutHAYNES, FRANKLIN (SIDE LETTER) N-2024-1 06A MAYOR ` \:.� ACTING CITY MANAGER Valerie Amezcua Alvaro Nunez MAYOR PRO TEM ' '. CITY ATTORNEY Thai Viet Phan ----- Sonia R.Carvalho COUNCILMEMBERS Val CITY CLERK Phil Bacerra ' r " -• Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez / David Penaloza Benjamin Vazquez CITY OF SANTA ANA INSURANCE ON FILE PARKS RECREATION & COMMUNITY WORK MAY PROCEED SERVICES AGENCY UNTIL INSU ANCE EXPIRES I - 20 Civic Center Plaza•P.O.Box 1988 Santa Ana,California 92702 CITY CLERK www.santa-ana.orq DATA JUN 03 2022 0., 4ec,,SfaC,e() May 17, 2024 Cs.r6A;tea) Franklin Haynes Marionettes 1234 Muirfield Rd. Riverside, CA 92506 Re: Side Letter for Engagement of July 9 & 12 Performances for City of Santa Ana Pursuant to Section 1 ("Scope of Services") of Agreement No. N-2024-106 entered into by Franklin Haynes("Contractor")and the City of Santa Ana,dated March 5,2024,Contractor hereby accepts this Letter Agreement for performance of marionette puppet shows. Contractor shall provide services on July 9 and July 12, 2024, consistent with the terms of the Agreement, as set forth in Invoice#'s 54706,54707,and 54705,attached here as Exhibit A to this Letter Agreement. Compensation is subject to Section 2 of the Agreement and the total compensation for these performances shall not exceed $1,500. All other terms and conditions of said Agreement remain unchanged and in full force and effect. Sincerely, Hawk Scott(May 17,2024 15:19 POT) i/" Hawk Scott Franklin Haynes Executive Director Owner Parks Recreation&Community Services Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney randon Salvatierra Deputy City Attorney SANTA ANA CITY COUNCIL Valerie Amezcua Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tern,Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 vamezcua(dsanta-ana.orq tphan(dtsanta-ana.orq bvazauezesanta-ana.orq jessielopez(olsante-ana.orq pbacen-aesanta-ana.orq jrvanhemandez(dsanta-ana.orq doenaloza(asanta-ana.orq EXHIBIT A ir * * * * lk * Administrative Office Franklin Haynes Bookings/Show Info: 800-687-5193 1234 Muirfield Road tteS * Studio: 909-319-2860 Riverside, CA 92506 * Fax: 877-257-2830 www.PuppetShows.com PULLING HEARTSTRINGS SINCE 1985 Frank@PuppetShows.com INVOICE #54706 Checks Payable to: Franklin Haynes Marionettes Sarah Baird Santa Ana Recreation 706 N Newhope Santa Ana CA 92701 Invoice Date: 7/9/24 ? SERVICES TO BE DELIVERED P Event Information Event: Santa Ana's Summer Splash Day Camp Event Date: 7/9/24• Time(s): 1:30 p.m. Location: Salgado Community Cener• 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 • Total Balance Due: $500.00 Tips/Gratuity: At Your Discretion On Day of Performance c -$25.00 CHARGE ON ALL RETURNED CHECKS! ro-$THERE IS NO CANCELATION POLICY 440( * Administrative Office Franklin Haynes Bookings/Show Info: 800-687-5193 1234 Muirfield Road t teS * Studio: 909-319-2860 Riverside, CA 92506 * Fax: 877-257-2830 www.PuppetShows.com PULLING HEARTSTRINGS SINCE 1985 Frank@PuppetShows.com INVOICE #54707 Checks Payable to: Franklin Haynes Marionettes Sarah Baird Santa Ana Recreation 706 N Newhope Santa Ana CA 92701 Invoice Date: 7/12/24 SERVICES TO BE DELIVERED Event Information Event: Santa Ana's Summer Splash Day Camp Event Date: 7/12/24 • Time(s): 1:00 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 c'-$25.00 CHARGE ON ALL RETURNED CHECKS! $THERE IS NO CANCELATION POLICY, ir * * * "qk * Administrative Office Franklin Haynes Bookings/Show Info: 800-687-5193 1234 Muirfield Road * I eteS' * Studio: 909-319-2860 Riverside, CA 92506 Fax: 877-257-2830 www.PuppetShows.com PULLING NEARTS?RINGS SINCE 1985 Frank@PuppetShows.com INVOICE #54705 Checks Payable to: Franklin Haynes Marionettes Sarah Baird Santa Ana Recreation 706 N Newhope Santa Ana CA 92701 Invoice Date: 7/12/24 P SERVICES TO BE DELIVERED P Event Information Event: Santa Ana's Summer Splash Day Camp Event Date: 7/12/24 • Time(s): 3:00 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 c$25.00 CHARGE ON ALL RETURNED CHECKS! c$THERE IS NO CANCELATION POLICY I► 4+.kill SPECIALTY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1,,SU Rny:t nc;>+c-r 02/22/2024 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 c kLT1IIII cate holder iy lieu of such endorsement(s). _ Digitally signed by Angie erance Agency Contact Name: Heather Weiss Zenzen Pers of the U.S. Acevedo Phone: 715-246-8908 FAX: 715-246-8908 3432 Denmark Ave#231 certs@specialtyinsuranceagency.com pcer\7eldDate. 2024.03.18 14.3lRS AFFORDING COVERAGE NAIC# INSURED PERFORMERTHE U.S.AND ITS PART;CI''ATING ME14$EVS:001 INSURER A: Evanston Insurance Company Terry Conci P Y 35378 INSURER B: dba Franklin Haynes Marionettes 1234 Muirfield Road INSURER C: Riverside,CA 92506 INSURER D: I COVERAGES 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 CONTRACTOR 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSD WVD DATE(MM/DD/YY) DATE(MM/DD/YY) COMMERCIAL GENERAL EACH OCCURRENCE $1,000,000 LIABILITY DAMAGE TO RENTED CLAIMS MADEnOCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $5,000 GEN'L AGGREGATE LIMIT A X X 2CN0177-7334 09/08/2023 09/07/2024 PERSONAL&ADV INJURY $1,000,000 APPLIES PER: _ nPOLICY❑PROJECT GENERAL AGGREGATE $2,000,000 LOC PRODUCTS-COMP/OP AGG $2,000,000 EACH OCCURRENCE $ A PERFORMER ASSISTANTISI AGGREGATE $ A BUSINESS PERSONAL AGGREGATE $ PROPERTY-INLAND MARINE SEXUAL ABUSE AND EACH OCCURRENCE $1,000,000 A MOLESTATION 2CN0177-7334 09/08/2023 09/07/2024 ElOCCUR AGGREGATE $2,000,000 A DATA BREACH AND CYBER AGGREGATE $ LIABILITY COVERAGE A EQUIPMENT LEASED OR AGGREGATE $ RENTED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Terry Conci dba Franklin Haynes Marionettes Additional Insured:The City of Santa Ana,Risk Management,it's officers,employees,agents,representatives,and volunteers as additional inured.Coverage is primary and not-contributory with respect to insurance or self-insurance maintained by the City. Waiver of Subrogation applies to general liability.Thirty(30)day prior written notice of cancellation required. Sexual abuse or molestation coverage is not excluded by endorsement.$1,000,000/$2,000,000 coverage limits apply to educational institutions only;otherwise $100,000 each occurrence/$300,000 aggregate limits apply to sexual abuse or molestation coverage. Email:jhoang@santa-ana.org Event Dates:05/04/2024-07/15/2024 Insured for:Puppeteer CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED \ /ORE THE EXPIRATION DATE THEREOF,THE INSURER AFFORDING RA 20 Civic Center Plaza,4th floor JERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Santa Ana,CA 92702 "` °`_ �Dnd9[Dn 1TIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO REVIEWED&APPROVED ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ���'c. A ALeU_J_ URER,ITS AGENTS OR REPRESENTATIVES. ®', IORIZED REPRESENTATIVE /)I j n / Risk Management Specialist �il/{Ifj/t ) , POLICY NUMBER: 2CN0177-7334 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Santa Ana Risk Management Division 20 Civic Center Plaza,4th floor Santa Ana,CA 92702 The City of Santa Ana,Risk Management, it's officers,employees,agents,representatives,and volunteers as additional inured.Coverage is primary and not-contributory with respect to insurance or self-insurance maintained by the City. Waiver of Subrogation applies to general liability.Thirty(30)day prior written notice of cancellation required. 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 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. \ / Risk Management Division : REVIEWED&APPROVED BY: tin • A4.L:.Q Aa4I€I. ® Risk Management Specialist CG 20 12 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY 11111 POLICY NUMBER: 2CN0177-7334 MARKED EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s)with whom the Named Insured agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium: $ The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. \ / Risk Management Divistott 4REVIEWED&APPROVED BY: ilk MEGL 0241-01 05 16 Includes ct _., p A`ejd° .rvices Office, Inc., Page 1 of 1 -� I Risk Management Specialist / \ POLICY NUMBER: 2CN0177-7334 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and \ / .,>. Risk Management Division r --`1 REVIEWED&APPROVED BY: Risk Management Specialist CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 a,�1syj: Sdry�...s^F - s - -rs �.T-mom• _.. _ 6_ � '.`t�� Auto Liability (Non-Use Agreement) Date 2/20/24 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: Franklin Haynes Marionettes has intent to enter into an agreement with the City of Santa Ana.Throughout the course of this agreement, Franklin Haynes Marion attests to the following: 1 Franklin Haynes Marionettes will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2 Franklin Haynes Marionettes will not use any owned/rented/leased vehicles during thecourse and scope of the services provided in the agreement/contract. 3 Franklin Haynes Marionettes 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, Franklin Haynes 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 Franklin Haynes 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 andthe company will be held fully liable for any and all damages. Signature: Name: Franklin Haynes • Job Title: puppeteer Risk WEDD&` E Division m B Franklin I- v Company Name: R°:_ Contact Phone: 800-687-53 ate. A Aavao Email Address: Frank@Puppe/ Risk Management Specialist CITY OF SANTA ANA , s A RISK MANAGEMENT a division of HUMAN RESOURCES i Managing Risk dam,Positive Change Affidavit of Exemption for Workers' Compensation Insurance I, Franklin Haynes hereby affirm under penalty of perjury, the (Name/Title) following declaration: I certify on behalf of Franklin Haynes Marionettes that during the term (Consultant/Company Name) of my contract for marionette puppet shows services with the City of Santa Ana, (Type 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: 2/20/24 Print Name: Franklin Haynes Print Title: Puppeteer Signature: Telephone: 800-687-5393 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. Risk 114magement Diviskin ,Wci REVIEWED&APPROVED By: A3 AcI 4 Rislc tAanagement Specialist I:\Risk Mgmt\Insurance Requirements\Affidavit cxernNuun lur vvurltws �uiFI}J F' ation Insurance 2021