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HomeMy WebLinkAboutSARMIENTO, SANDRA PENA 1 - 2010 INSURANCE ON FILE N-2010-068 WORK MAY PROCEED UNTIL INSURANCE EXPli.cS CLERK OF COUNCIL+ M DATE-. AUG .1 E5 F Mary, L0%,4jrence August 18, 2010 Dear City Manager, This letter serves as an invoice for services rendered, per the attached description, in producing OC Film Fiesta's I" Annual -Santa Ana Film Fiesta" which takes place Sept 4-19, 2010. My invoice total for Personnel / Administration i.,,$ y Kind regards, t_ Sandra Pena Sarmiento Director OC Film Fiesta in Santa Ana w: www.ocfilmfiesta.org I e: info@ocfilmfiesta.org ph: 714-417-0073 INSURANCE ON FILE WORK MAY PROCEED N-2010-068 UNTIL. INSURANCE EXPIRES -.J'/'-/C CLERK OC COUNCIL DAM AUG 1 8 201pCW SERVICES AGREEMENT C M O CZ) THIS AGREEMENT made and entered into this 15th day of July, 2010 by and between In ,,,,c~ ,Sandra Pena Sarmiento (hereinafter "Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a service provider having special skill and knowledge in the field of production of film festivals. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall serve as Director/PR Services for the 1 st Annual Film Fiesta in Santa Ana, curate and secure a series of 4-6 films, negotiate and book screening venues, produce an evening gala reception, create/distribute all postcards and promotional materials, manage collaborations with other organizations, contract & manage festival staff, direct all pr/web outreach efforts and visually document all Film Fiesta events for promotional use. The proposed budget is set forth in Exhibit A. Provider shall be responsible for raising the remaining event budget for Film Fiesta, outside of the $6,000, below. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider $6,400.00 for services provided, payable in full no later August 31, 2010. 3. TERM This Agreement shall commence on the date set forth above and terminate on December 31, 2010, unless terminated earlier in accordance with Section 11, below. 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social 1 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Provider shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 2 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With copy to: City Manager City of Santa Ana 26 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5200 To Provider: 910 E. Grant St Santa Ana, CA 92701 714.417.0073 Email: pocha@pocharte.com A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted 3 to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall pay City all compensation due prior to receipt of such notice of termination. 12. DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 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. 4 14. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HT TIZAR DAVID N. REAM Clerk of the Council City Manager APP S TO FORM: - J H W.FLET R ity Atto PROVIDER Sandra Pena Sarmiento Tax ID# 548-43-3515 5 Exhibit A-Proposed Budget Personnel Ielt: taation Event Director / PR Services / Community Partnerships 4,500 Event Design / Reception Coordinator 2,500 Total Personnel 7,000 Professional Fees Development and Sponsorship Consultant 1,600 Production Assistants 800 Graphic Designer 1,000 Technical Crew 1,000 Video/Web Production 2,000 Total Professional Fees 6,400 Printing Publicity Advertising - Purchased Ads 1,600 Printing - Postcards, Flyers, Posters, Programs 1,400 Web Design, Hosting & Joomla costs 800 Step & Release - Logo Wall for Press Photos (6X10) 400 Total Printing SL Publicity 4,200 Occupancy Theater Venue 2,000 Reception Venue 1,000 Total Occupancy 3,000 Festival ipmeut 4Film Rentals Video Proj + Sound System Rental 1,300 Video Screen Rental 450 Oigi-Beta Video Deck 800 Film Rentals - $800, $400, $350, $250 1,800 100 Chairs 3 00 Total Equipment SL Film Rentals 4,650 6 Reception Expenses 8z Rentals Event Design Assistants - Reception 600 Artists Fees - MC's, Impersonators 800 Makeup Artists 250 Musicians / DJ 800 Photographer 1,500 Culinary Preparation / Serving Staff 1,000 Chairs, Tables Rental 800 Linens & China Rental 450 Prop Rental 1,500 Logos on Gobos - Light Projection on Dance Floor 300 Red Carpet Rental 120 Estanchion + Velvet Rope Rental 130 Reception Decor Supplies 1,000 Refreshments - Beer, Wine, Liquor 2,000 Reception Hors d'oeuvres Supplies 1,500 Miscellaneous - Petty Cash 200 Total Reception Expenses 8z Rentals 12,950 Supplies Office Supplies 500 Merchandising - T-shirts, etc 600 Total Supplies 1,100 Postage Postage 400 Shipping and Freight 300 Total Postage 700 Other City Permits 450 Miscellaneous - Petty Cash 200 Total Other 650 TOTAL EXPENSES 49,650 7 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 8 ALLIANT License Number: OC36861 Phone (949) 756-0271 / Fax (949) 756-2713 N-2010-068 Certificate Number: 14 Date: 08/10/2010 VENDOR / CONTRACTOR LIABILITY PROGRAM Named Insured: SANDRA PENA SARMIENTO Address: 910 E. GRANT STREET City/State/Zip: SANTA ANA, CA 92701 Additional Insured: CITY OF SANTA ANA Contract Term: From: 08/04/10 to 12/31/1 O Description of Contract: SERVE AS DIRECTOR/PR SERVICES FOR 1 sT ANNUAL FILM FIESTA Contract Amount: $6,000.00 COMMERCIAL GENERAL LIABILITY - NEW OCCURRENCE FORM General Aggregate: $1,000,000. Products/Completed Operations Limit: $1,000,000. Personal Advertising: $1,000,000. Each Occurrence: $1,000,000. Fire Damage: $ 50,000. Medical Payments: $ 5,000. IMPORTANT! Coverages are Limited to described contract. DEDUCTIBLE: $1,000. Each Claim, Including Legal and Adjustment Expenses ANNUAL PREMIUM: $ 650.00 Fully Earned at Inception SURPLUS LINES TAX: $ 20.96 Fully Earned at Inception POLICY FEE: $ 60.00 Fully Earned at Inception TOTAL $ 730.96 TOTAL COMPANY: CATLIN SPECIALTY INSURANCE COMPANY THIS COMPANY BINDS THE KIND(S) OF INSURANCE STIPULATED HEREON. THIS INSURANCE IS SUBJECT TO THE TERMS, CONDITIONS, AND LIMITATIONS OF THE POLICY OF MASTER POLICY # 0400302958 ISSUED TO VENDORS/CONTRACTORS LIABLITY GROUP. A COPY OF THIS POLICY IS AVAILABLE ON REQUEST. THIS CERTIFICATE MAY BE CANCELLED BY THE INSURED BY SURRENDER OF THIS BINDER OR BY WRIT"T"EN NOTICE TO THE COMPANY STATING WHEN CANCELLATION WILL BE EFFECTIVE. THIS CERTIFICATE MAY BE CANCELLED BY THE COMPANY BY NOTICE TO THE INSURED IN ACCORDANCE WITH THE POLICY CONDITIONS. AUTHORIZED SIGNATURE/CO TERSIGNATURE R.E. CHAIX & ASSOCIATES INSURANCE BROKERS,INC. License Number: 0726213 _ 41 Corporate Park, Suite 310, Irvine, CA 92606 PHONE (949)722-4177 / FAX: (949)722-4172 APPROVE FORM JOSEPH W. "ITv ATTOR