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HomeMy WebLinkAboutPINEAULT, GABRIELA (LEYENDA BALLET FOLKLORICO)INSURANCE ON FILE WORK MAY PROCEED UNTIL IN EXPIRES I�ilzozs DATECEAlt 2 6 2024 Cr. August 9, 2024 Gabriela Pineault f/s/o Leyenda Ballet Folklorico ("Speaker/Performer") 20107 Pintado Irvine, CA 92618 Re: Speaker/Performer Engagement Agreement N-2024-285 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 perform a twenty (20) minute cultural Aztec dance at the Chicano Heritage Cultural Celebration. 2. Date(s): Thursday, August 29, 2024 3. Event Time(s): 4:00 p.m. — 7:00 p.m. 4. Location ("Property"): City Hall Courtyard, 20 Civic Center Plaza, Santa Ana, CA 92701 5. Compensation: An amount not to exceed $1,000.00 (payable by check within 30 calendar 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, 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 subj ect 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 allomey's fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or employees. it. 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, 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. Speaker Agreement — Gabriela Pineault f/s/o Leyenda Ballet Folklorico Page 2 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 SANT,�ZtA�A AN Alvaro Nuhez City Manager ATTEST: am er L. 11 RECOMMENDED FOR APPROVAL �- Brian Stemberg Library Services Director Library Services rabrlgla �'Wautt Gabriela Pineault APPROVED AS TO FORM: By: Br on Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Leyenda Ballet Folklorico Address: 20107 Pintado, Irvine, Ca. 92618 Phone Number: 951 642-1867 Email Address: folkloremexicano c gmail.com EVENT: Chicano Heritage Cultural Celebration with the Library LOCATION: City Hall Courtyard, 20 Civic Center Plaza, Santa Ana, Ca. 92701 TERM: Thursday, August, 29, 2024 $1,000.00 DESCRIPTION: In honor of Chicano Heritage Month, the library will host a cultural event to celebrate Chicano heritage culture. Leyenda Ballet Folklorico dance company will perform a 20-minute cultural Aztec dance on Thursday, August 29, 2024, at the courtyard next to City Hall located at 20 Civic Center Plaza, Santa Ana, CA 92701. Principal Librarian Patty Lopez, will host the event and will be present for the entire event. Folklore Mexicano will be compensated $1,000.00 for their participation. This event is free and open to the public. 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 borne by Speaker/Performer. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") 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. (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 policies required above, 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) Certificate Holder. The Certificate Holder on each evidence of insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staffs department mailbox), Santa Ana, CA 92701. The name and location of event should be included in the description of operations section of each certificate. C. Verification of Coverage. Speaker/Performer shall fin-nish 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. d. Special Events Coverage. Special events coverage is available and can by purchased by Speaker/Performer. Use this link to learn more: www.2st)arta.com C. 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. An 1e Digitally signed by Angie gCERTIFICATE OF INSUR ,1cAe@%*dO SPECIAL EVENT LIABILITY GROUP INSURP JC,'' TRUST, A RISK PURCHASING GROUP _ pRCJUCER: 1 1 E 4 FACT � E i a r : ( 1 ulti e, continued CA License #0757776 on n d pe e rUB International Insurance Services Inc. City of Santa Ana, its officers, officials, employees and volunteers, 20 Civic 3000 Executive Parkway, Suite 300 Center Plaza, Santa Ana, CA 92701 San Ramon, CA 94583 PH: 925 609 6500 FX: 925 609 6550 specialevent(ghubinternationalcom EVENT HOLDER- Named Insured: (if multiple, continued on next page) EVENT INFORMATION Chicano Heritage: Educational Celebration of TYPE OF EVENT: Vendors (8) EVENT DATE(S): 8/29/2024 Culture at the Library Vendors (8) per the attached list 20 Civic Center Plaza, Santa Ana, CA 92701 EVENT LOCATIONS): City of Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701 This is to certify that the policies of insurance listed below have been issued to the insured named above for the event date(s) indicated above. Notwithstanding any requirement, term or condition of any contract or other document Win 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. INSURER A: COLONY INSURANCE COMPANY INSR LTR Type of Insurance Policy Number Effective Expiration Policy Limits Each Occurrence $1,000,000 General Aggregate $2,000,000 Personal It Advertising Injury $1,000,000 Products/Completed Operations $2,000,000 Commercial Aggregate Damage a to Premises Rented to You $1,000,000 A General Liabili tY 103 GL 0021111 1/1/2024 11112025 Medical Payments $5,000 Liquor Liability Each Occurrence (Aggregate Included in General n/a Liability Aggregate) COVERAGE TERMS: Oocunence Form (CG 0001) The coverage afforded by this insurance is primary and non-contributing with any Host Liquor Liability Included. insurance held by the "Additional Insured" as Named Insured, when the "Additional Insured" is shown on this Certificate of Insurance Endorsement as "Additional Insured" Full Liquor Liability Included when a or WHEN REQUIRED BY WRITTEN CONTRACT. separate Premium has been charged. COVERAGE EXCLUSIONS: (REFER TO POLICY FOR COMPLETE LISTING OF EXCLUSIONS) -- Communicable Diseases Specific Events are excluded from coverage. Please see second f --Sexual Abuse 8 Molestation PJslrMatvgemrntDivieicn ;,(��■I1;. 1,,��` REVIEWED&APPROVm BY: e) On behalf of the Risk Purchasing Group and each Member, the Trustee has •• Terrorism Insurance Act (TRIA). ® Risk Management Specialist — Additional Insureds, next page Second Page of Certificate Certificate # 41528 OTHER ADDITIONAL INSUREDS: 1 Santa Ana Public Library 2 Gabriela Pineault f/s/o Leyenda Ballet Folklorico 3 OC Mariachi LLC 4 Alexandro J. Gradilla 5 Angelina Veyna F16 Logan Crow 7 Justine Bonilla B Marina Aguilera 9 Donato Martinez 10 11 F12 13 Mai MfagemmtDMsion CANCELLATION: Should the above described policy(s) be canceled before the expiration date themot, the issuing company will endeavor to mREVIEWED S APPR Br. holder and additional insureds listed. 9 Afg M444 Risk Management Specialist AUTHORIZED REPRESENTATIVE: DATE ISSUED: (Third Page of Certificate I Certificate # 1 41528 1 SPECIFIC EVENT EXCLUSIONS following types of events are specifically excluded and no coverage for them exists on the policies listed on the a of this Certificate of Insurance: craft / Aviation Terrain Boarding Ilooning / Balloon Rides se Jumping uldering Events xing, Wrestling ngee Jumping rnival Rides uses certs with single performances exceeding 6 hours of performance time tact Karate / Martial Arts tact Sports all (except passing camps with no contact drills) Gliding ng, Rafting or Canoeing in greater than Class 3 rapids se / Rugby nical Amusement Rides or Services and Gyroscope Rides ted Sporting Equipment Mosh Pits Mountain Biking Power Boat Racing Professional Sporting Activity; Games, Races, Contests of a professional nature Pyrotechnics / Explosives Rap or Heavy Metal Concerts Raves Rock Climbing, Climbing Wall Rodeo / Roping Events (includes practice) Scuba Diving Tractor / Truck Pulls Zip Line / Zip Lining Rene 6 APPRQV® BY. A+.g�, A,4%4 Risk Management Specialist SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST DATE CERTIFICATE OF INSURANCE ENDORSEMENT 8/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE ENDORSEMENT DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER: CONTACTNAME: JOYCUMMINGS HUB International Insurance Services Inc. PHONE 9256096500 FAX 9256096550 3000 Executive Parkway, Suite 300 EMAIL soecialeventna hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # San Ramon, CA 94583 INSURER A: Colony Insurance Company 39993 CA License #0757776 NAMED INSURED: Chicano Heritage: Educational Celebration of Culture at the Library Vendors (8) per the attached list 20 Civic Center Plaza, Santa Ana, CA 92701 COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the event dates) indicated below. Notwithstanding any requirement, ten o 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. INSR INSURED MEMBER COVERAGE EFFECTIVE/ TYPE OF INSURANCE ENDORSEMENT LIMITS LTR NUMBER EXPIRATION DATE A GENERAL LIABILITY EACHOCCURRENCE $1,000,00 X COMMERCIAL GENERAL LIABILITY 41528 08/29/2024 DAMAGE TO RENTED PREMISES $1.000,000 (En accurtencel MED ENP(Any ene perme) $5,000 CLAIMS -MADE FxOCCURRENCE PERSONAL 6 AW INJURY $1,000,000 GENERAL AGGREGATE $2,000.0 0 PROOUCTSCOMPIDPAGG $2,000,000 LIQUOR LIABILITY PER OCCURRENCE(AGGREGATE INCLUDED IN GENERAL LIABILITY n/a AGGREGATE) MASTER POLICY #103 GL 0021111 - EFFECTIVE DATE 111I2024; EXPIRATION 1/112025 DESCRIPTION OF OPERATIONS I LOCATIONS City of Santa Ana, its officers, officials, employees and volunteers, 20 Civic Center Plaza, Santa Ana, CA 92701 islare Included as an additional Insured(s) per attached endorsement T5409-0118. Policy is Primary and Non-contributing per attached endorsement T1095-0108; Waiver of Subrogation applies per attached endorsement CG 24 04 05 09. Event Type: Vendors (8) Event date(s): 8/29/2024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE BEFORE THE EXPIRATION DATE RiskAtamagarredDhis[on ACCORDANCE WITH THE POLICY REVIEWED&APPROJ®BY: City of Santa Ana of>°ec' Attention: Ella Sepulveda ,1 AUTHORIZED REPRESENTATIVE A-r.&.�C )•fay(I(p - 20 Civic Center Plaza M-75®' Risk Management Spedalist Santa Ana, CA 92701. POLICY #103 GL 0021111 COMMERCIAL GENERAL LIABILITY T5409-0118 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 Named of Additional Insured Persons) or Organization(s) City of Santa Ana, its officers, officials, employees and volunteers, 20 Civic Center Plaza, Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as 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: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. RiA MmugemettDMclan RenEV &APPRcvmft A+.0 A,w44 Risk Management Specialist T5409-0118 © ISO Properties, Inc., 2004 rage i or t POLICY #103 GL 0021111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (Third -Party) This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirety and replaced with the following condition as respects the Third Party shown below: 4. Other Insurance a. With respect to the Third Party shown below, the insurance provided by this policy shall be primary and non-contributing insurance. Any and all other valid and collectible insurance available to such Third Party in respect of operations performed by you under written contractual agreements with said Third party for a loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. Third Party to whom this endorsement applies is: City of Santa Ana, its officers officials employees and volunteers 20 Civic Center Plaza, Santa Ana CA 92701 Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing operations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. RiskManagmadDMsian REVIEWED&AppR mBY: A-f, Aay44 ® Risk Management SpeaMst TI095-0108 Includes Copyrighted material of ISO Properties, Inc. with its permission. Page I of 1 POLICY #103 GL 0021111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LLkBIIdTY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of Section IV — Conditions: 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 contact 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. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AAMMea ggoAmt iDividan Risk Management Specialist CG 24 04 05 09 Contains material copyright, Insurance Services Office, Inc., with its permission. Page 1 of I