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Home My WebLink AboutRELAMPAGO DEL CIELO (4)INSURANCE ON FILE WQfti; WY PROCEED UNTIL I'MU^n:'WCE EXPIRES CITDDT E.�EF1 2 2024 DAT Ly. LD I.o) (clan D[AOO) w4 September 11, 2024 Relampago Del Cielo ("Speaker/Performer") Attn: Marlene Peiia Marin P.O. Box 3158 Santa Ana, CA 92703 Re: Speaker/Performer Engagement Agreement N-2024-314 This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the engagement described below: I. Event Description: As further described in Exhibit A, attached hereto, Relampago Del Cielo will perform a 30- minute folkloric dance presentation in honor of Hispanic Heritage Month. The presentation will be live and in - person, Sr. Librarian Olga Morphew will host the presentation. 2. Date(s): Saturday, September 14, 2024. 3. Event Time(s): 1:30 p.m. — 2:00 p.m. 4. Location: Newhope Library, 122 N Newhope St, Santa Ana, CA 92703 ("Property") 5. Compensation: $500.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. 6. Equipment provided by City: microphone, projector, tables and chairs. 7. Equipment provided by Speaker/Performer: All other equipment and materials necessary. S. City Contact Person (for coordinating purposes only): Dylan Dario x5118 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 j oint 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. Insurance Requirements: Please see attached Exhibit B 11. 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. 12. 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 Speaker Agreement — Relampago del Cielo Page 2 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. This Agreement represents the complete and exclusive statement between the City and Speaker/Perfonmer 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 AN Alvaro Nunez 1 City Manager ATTEST: RECOMMENDED FOR APPROVAL Brian Sternberg Library Services Director Library Services SPEAKER/PERFORMER Marlene Pena Marin Artistic Director of Relampago del Cielo APPROVED AS TO FORM: BY� Brdndon Salvatierra Deputy City Attorney EXHIBIT A Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Relampago del Cielo Address: 1010 N Main St, Santa Ana, CA 92701 Phone Number: (714) 881-4732 Email Address: infonardcef.ore EVENT: Relampago Del Cielo Dance Community Outreach Performance LOCATION: Newhope Library, 122 N Newhope St, Santa Ana, CA 92703 TERM: One-time event: Saturday, September 14, 2024 COMPENSATION: $500.00 • DESCRIPTION: In honor of Hispanic Heritage Month, the library will be hosting a 30- minute community outreach folkloric dance presentation free of charge for Adults and their families. The presentation will be conducted in person and Sr. Librarian Olga Morphew will be present when hosting the presentation. The presentation will take place one time on Saturday, September 14, 2024 from 1:30-2:00 p.m. at the Newhope Library. 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 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 The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, 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 famished 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, Attention: Risk Management Division, 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. 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. d. Special Events Coverage. Special events coverage is available and can by purchased by Speaker/Performer. Use this link to learn more: httt)s:H2snarta.com/selit) aoolication.php e. 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. CERTIFICATE OF LIABILITY INSURANCE 091102; THISCERORCATEISISSUMD AMAT OFINMRMANONONLYANDCONEERSNORIGHTSUPONTNECERUiWM E HOWE0.MISCOMRCATEDOESNOTMRRMATIVELYORNEGATIVELY AMEND,EKiENDORALTERTHECOVERAGEMMROEDWY EPOLICIESRELOW.T ISCEMPICATE OFINSURAMEDOESNMCONSIRUIEACONIRACTBETWEFNTHE155UINGINSUgER(S), AUTHORV"WRESENTATIVEORPRODUCER,ANDTHECERNRCATEHOLDER. IMPORTA(fCNMeceNflcateholderisanMDMONALINSURED,thepolicVae )musthaveMDMNALINSUREDpmvWs wbeendorsed.tfSUBROGATIONMWANED,.bjMto thetermcand mnd(dowofthepolicy,ce "lidwmayrec dmanendorsement Astatememonthisce WedoesnotconhrtlghtetothecWMMeholderInlieuofsudsandwumenl(a). PRODUCER CAMACr 2706 Harbor Blvd SIB 201 Gabriel Dior(Blvd Ste) A n i e NAME: Gat B D— I� : ^ ' ' v I U (A/c,xo, EKD '•14-434_76f� WCND)!-' a g Costa Manta CA 92626-5„ �R�: 91-Am. eiremAcevedo NSURE_R(S)1FF_ORDING COVERAGE "cif INSURED INSURERA Trucl h, UPI {dhan-Mjd ,709 DEL CIELO PO BOX 3158 Acevedc msuRaP s: Fn„n In�flw_sArsi � t, 16URELAMPAGO WSUR.RG Mid to In I e � ny 21652 — MS',RERO: 00 SANTA ANA CA 92703 .4SURERe INSLRERP. COVERAGES CMRC mNUMBER: REVIMONNUMBER THISISTOCEUIFYTHATTHEPOUCIE50F INSURANCELISTED BELOW HAVE BEEN ISSUED TOTHEINSUREDNAMEAaUVEFORTtIEPOUCY PERIOD INDICATED. NOTWITMSIANDINGAM REQUIREMEMWRMORCONDMONOFAMCOMMa OROTHERDOCUMENTWRHRESPECTTOWHICHTHISCERTIFICATEMAYBEI$BUMORMAYPERTMN,THEINBURANCEAFFORMDBY7 E POLICIMDESCRIOEDHEREIN 6SUBJECTTOALLTHETEBMS, EXCWSIONSMDCUNOmONSOFSUCH POUCIES. UMRSSHOWN MAYHAVEBEEN REDUCED BYPMO CIAIMS. MSR in TYPE OFINBURANCE ADDR $UBR WVD PoLKYNUMBER PoLICYEFE (MM/DD/YYYY) PoLICYEXP (MM/DD/YYYY) DMTii COMMERCUILGENERALWIBILRY CLVMSMAOE OCCUR EACH OCCURRENCE $ 2,000,00 DAMAGETO RENTED PREMISES(Ea Ocons ) f 75,000 MEDEXP(Alrymeperson) $ 6000 PERSCINALSADVINJURY S 2,000,00 A Y Y 604334509 03/07/2024 03/07/2025 GEN'L AGGREGATEUMITAPPoFSPER: POLICY ❑ PROJECT ❑ LOC GENERALAGGREGATE $ 4000000 PRODUCTS-COMP/OPAGG $ 2,000.000 $ OTHER AUTOMoMLELIABILM COMBINED SINGLELIMIT (Eeeaid.t) $ 20�,D ANYAUTO BODILYINJURY(Fefperson) $ A OWNED AlR05 SCHEOULED ONLY AOTOS N 604334509 03/07/2024 03/07/2025 BODILY INfURY(Pma¢iderlpf PROPERTY DAMAGE DW.cddem) $ HIREDAUTOnt V NON -OWNED ONLY /� AUTOSONLY $ umou ALMS OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESSLMa CIAIMSMADE DED RETEMIONI $ WORKERSCOMPENSADON ANDEMPLOYERS'LIABILI'IY PER STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ Y/N EXECUTIVE OFFICER/MEMBER N@ E.L. EACH ACCIDENT $ E.LDISEASE-EAEMPLOYEE EXCLUDED?(Mandatary in NH) I(yes, desariheunder DESCRIPTION OF OPERATIONS below ELOISEASE-POUCYUMIT $ DESCRIPTION OFOPERATIONS/LOCANONS/VEHICLES(ACORD 101. AddiUmal Remarks Schedule, maybe aaached Nmorespare la required) 00 W SANTA ANA BLVD. SANTA ANA, CA 92701; City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be IXWered s additional Insureds with respect to liability arising out of Work Or operations performed by or on behalf of the Instructor Including materials, parts, equipment, and personnel Pomishad in Connection with such work or operations. I CERnF MMOI.DER CANCEt1ANON City of Santa Ana, Attention: Library Agency SHOULD ANY OFTHEAROVEDESCRIBED POUCIFSBECANCELLED SEFORETHE UPIR47ION No Patty Lopez OAN THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WRHTHE POLICY PROVISIONS. 20 Civic Center Drive # M-42 AM a RFYRES Gabriel A. Diaz SANTAANA CA 92701 ACORD 25(2016/03) 31-1769 11-15 @1988-201 S ACORD CORPORATION_ An R .k*,I Ra.r.,nd TheACORD name and logo are registered marks ofACORD Risk MMugement. Dittslon REVIEWEDfa APMovMBY: `®- Risk Management speualist POLICY NUMBER: 60433-45-09 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF SANTA ANA AND ITS OFFICERS, AGENTS & EMPLOYEES Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched- ule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. IT IS FURTHER AGREED THAT THIS INSURANCE SHALL BE PRIMARY AND NON CONTRIBUTORY BUT ONLY IN THE EVENT OF INSURED'S SOLE NEGLIGENCE. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1097 Risk Mrowgement Dnieion �j Re EwFD & AppR sc 8v: A+.P A,w,4 ® Risk Management Spetlalist