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Home My WebLink AboutHEY HEY ENTERTAINMENT (2) INSURANCE ON FILE N-2024-363 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 03/2112S CITY CLERK DATE; NOV 0 4 2024 11*-V 0: LD(°) Q�1I° October 7, 2024 Hey Hey Entertainment("Speaker/Performer") Attn: Richard Woloski 3441 Faust Ave. Long Beach,CA 90808 (562)420-1905 Re: Speaker/Performer Engagement Agreement 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:Hey Hey Entertainment will provide two performances for the library,as detailed in Exhibit A. The first performance will be held at the Newhope Library on Friday,November 15,2024. The second performance will be held at the Newhope Library on Friday,December 13,2024. 2. Date(s): November 15,2024 and December 13, 2024. 3. Event Time(s): November 15,2024 from 4:00 p.m.—5:00 p.m. December 13, 2024 from 4:00 p.m.—5:00 p.m. 4. Location("Property"): November 15,2024 at Newhope Library, 122 N Newhope Street, Santa Ana,CA 92703 December 13,2024 at Newhope Library, 122 N Newhope Street, Santa Ana, CA 92703 5. Compensation: The total amount for this Agreement shall not exceed $900 (payable by check within 45 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Provided by City: advertising the program,space for the patrons attending, and staff to setup the space for patrons. 7. Provided by Speaker/Performer: Insurance as detailed in Exhibit B as well as all other equipment and materials necessary,including,but not limited to,setting up puppets. 8. City Contact Person(for coordinating purposes only): Dylan Dario,ext. 5118 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. Speaker Agreement—Hey Hey Entertainment Page 2 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,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. CITY OF SANTA ANA SPEAKER/PERFORMER Richard Wotosk• • Richard Woloski(Oct 10,2024 13:23 PDT) varo Nunez Richard Woloski City Manager General Partner,Hey Hey Entertainment ATTEST: APPROVED AS TO RM: Pri. y: -1. H. nathan T. Martinez " Assistant City Attorney RECOMMENDED FOR APPROVAL Brian Sternberg Library Services Director Speaker Agreement—Hey Hey Entertainment Page 3 EXHIBIT A Scope of Services SPEAKER/PERFORMER INFORMATION: Hey,Hey Entertainment Hey Hey Entertainment 3441 Faust Ave Long Beach, CA 90808 Telephone: (562) 420-1905 Email: heyheventertainmentc yahoo.com EVENT(S): Hey Hey Entertainment: Puppet Shows 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: November 15, 2024—December 13, 2024 COMPENSATION: Not to exceed$900.00 DESCRIPTION: This Speaker/Performer will provide a puppet/magic show on Friday, November 15, 2024 (4:00 pm-5:00 pm) and Friday,December 13,2024(4:00 pm-5:00 pm) at the Newhope Library located at 122 N. Newhope Street, Santa Ana,CA 92703. The total amount for this agreement shall not exceed$900.00. The City will be responsible for setting up the space for the patrons attending, and advertising the program. Speaker/Performer 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. Speaker Agreement—Hey Hey Entertainment Page 4 EXHIBIT B Insurance Requirements Speaker/Performer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property 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. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability: coverage shall be at least as broad as Insurance Services 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. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as 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 furnished in connection with such work or operations. 2. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staffs Department Mail Box), Santa Ana, CA 92701. Verification of Coverage Speaker/Performer shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by 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 Speaker/Performer's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Events Coverage Special events coverage is available and can be purchased by Contractor. Use this link to learn more: https://2sparta.com/selip application.php. Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. Speaker-Performer Agreement - Hey Hey Entertainment (2024) unsigned Final Audit Report 2024-10-10 Created: 2024-10-10 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAgMhfEPtKwSe1sei1WXwnN1-MCd7fTGAx "Speaker-Performer Agreement - Hey Hey Entertainment (2024) unsigned" History ti) Document created by Dylan Dario (ddario@santa-ana.org) 2024-10-10-7:50:53 PM GMT E Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2024-10-10-7:50:58 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-10-10-7:51:40 PM GMT 613 Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2024-10-10-7:52:38 PM GMT-Time Source:server Ey Document emailed to Richard Woloski (heyheyentertainment@yahoo.com) for signature 2024-10-10-7:52:40 PM GMT _l Email viewed by Richard Woloski (heyheyentertainment@yahoo.com) 2024-10-10-8:18:46 PM GMT 66 Document e-signed by Richard Woloski (heyheyentertainment@yahoo.com) Signature Date:2024-10-10-8:23:17 PM GMT-Time Source:server 0 Agreement completed. 2024-10-10-8:23:17 PM GMT Q Adobe Acrobat Sign Act CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) f` 09/24/2024 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 holder in lieu of such endorsement(s). PRODUCER CONTACT Kimberly Rice NAME: HMK Insurance PHONE (610)868-8507 FAX (610)868-7604 LAIC,No,Ext): (A/C,No): ) 54 South Commerce Way E-MAIL krine@hmk-ins nnm ADDRESS: Suite 150 INSURER(S)AFFORDING COVERAGE NAIC# Bethlehem PA 18017 INSURERA: HDI Global Specialty INSURED INSURER B: World Clown Association and INSURER C: Richard Woloski INSURER D: 3441 Faust Ave INSURERE: Long Beach CA 90808 INSURER F: COVERAGES CERTIFICATE NUMBER: Al-May 2023 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. EFF POLICY EXP TR TYPE OF INSURANCE UD IA SDL�WVD POLICY NUMBER (MM(DDY/YYYY) JMM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A Y 18LB5341 03/27/2024 03/27/2025 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY JECT PRO LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE L� OFFICER/MEMBER EXCLUDED? I I N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured: City of Santa Ana,its City Council,its officers,officials,employees,agents and volunteers with respect to liability arising out of work or operations performed by or on behalf of the instructor including materials,parts,equipment and personal furnished in connection with such work or operations Effective Date: 09/23/2024 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. Attn: LupitaArroyo 20 Civic Center Plaza M-75 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 4,- {„Aj, a 4. ACORD 25(2016/03) The ACORD name and logo are registered m APPROVED By Cynthia Mora at 10:33 am, Oct 29, 2024