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HomeMy WebLinkAboutRICHARD THE MAGICIAN (MAGIC MAKERS ENTERTAINMENT) (2) N-2026-112 MAY 1 8 Z076 0:LibrrAry (LQ) May 6,2026 Magic Makers Entertainment dba Richard the Magician("Speaker/Performer") 352 S Center St. Orange,CA 92566 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: Interactive children's magic show program. See Exhibit A for more details. 2. Date(s): June 5, 2026 3. Event Time(s): 11:00 AM— 11:45AM 4. Location: Delhi Branch Library, 505 E. Central Ave.,Unit B, Santa Ana, CA 92707, Santa Ana("Property") 5. Compensation: $400 (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: Library will provide performance space,tables, and chairs. 7. Equipment provided by Speaker/Performer: Performer will provide all equipment required for the event. S. City Contact Person(for coordinating purposes only): Beatriz Garcia-Diaz—Youth Services Librarian 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,ajoint 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. 11. Release: Speaker/Performer accepts the Property and 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 Property or City-provided equipment or Speaker/Performer's use thereof. Letter Agreement—Magic Makers Entertainment Page 2 12. Insurance Requirements attached hereto as Exhibit B. 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 webeast 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/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. ATTEST: CITY OF SA A ANA s ry,.A J IFE L. A Y�$< LVARONUNEZ City Clerk City Manager APPROVED AS TO FORM: SPEAKERIPERFORMER By: R'ochard Riburta(May 7,202610'.5:46 JONATHAN T.MA T1NEZ Name: RICHARD RIBUFFO Assistant City Attorney Title: Owner RECOMMENDED FOR APPROVAL: �r Brian SMRWrg(May 7,202610.60:04 PDT) BRIAN STERNBERG Executive Director,Library Services Agency Letter Agreement—Magic Makers Entertainment Page 3 Exhibit A SCOPE OF SERVICES SPEAKERIPERFORMER INFORMATION: Magic Makers Entertainment Inc Magic Makers Entertainment Richard Ribuffo 352 S Center St. Orange, CA 92866 Telephone: 714-318-753 8 Email: rihard(_,richardthemagician.com Website: htti)s:Hsocalkidsmagic.com/ EVENT(S): Plant a Magic Seed with California Joe 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 • Delhi Branch Library, 505 E. Central Ave.,Unit B, Santa Ana, CA 92707 • Jerome Park Outdoor Library,2115 W. McFadden Ave, Santa Ana, CA 92704 TERM: June 5,2026 COMPENSATION:Not to exceed$400. DESCRIPTION: This speaker/performer will provide an interactive children's magic show program on Friday, June 5, 2026(11:00 AM-11:45 AM) at the Delhi Branch Library, 505 E. Central Ave.,Unit B, Santa Ana, CA 92707. The total amount for this agreement shall not exceed$400.00. 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. Letter Agreement—Magic Makers Entertainment Page 4 Exhibit B INSURANCE Speaker/performer shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Speaker/performer shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office 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. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Speaker/performer does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. If Speakerlperformer maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Speaker/performer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: 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 Speaker/performer including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL and AL policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Speaker/performer for City. 3. All required insurance policies: For any claims related to this contract, Speaker/performer's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Speaker/performer's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana Attention: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 Santa Ana, CA 92701 Letter Agreement—Magic Makers Entertainment Page 5 The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Speaker/performer to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Speakerlperformer 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Speaker/performer's obligation to provide there. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Speaker/performer must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Speaker/performer shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Speaker/performer shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Magic Makers Entertainment dba Richard the Magician Draft APPVD AS TO FORM Final Audit Report 2026-05-07 Created: 2026-05-07 By: Dylan Dario(ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAIjCFdpxpooXZeg9QF6zjscH3hZ485p9H "Magic Makers Entertainment dba Richard the Magician Draft A PPVD As TO FORM" History i Document created by Dylan Dario (ddario@santa-ana.org) 2026-05-07-3:04:15 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org)for signature 2026-05-07-3:04:20 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2026-05-07-3:12:13 PM GMT G>o Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2026-05-07-5:50:34 PM GMT-Time Source:server-Signature Appearance Selected:DRAW Document emailed to Richard Ribuffo (richard@richardthemagician.com)for signature 2026-05-07-5:50:39 PM GMT " Email viewed by Richard Ribuffo (richard@richardthemagician.com) 2026-05-07-5:51:01 PM GMT a Document e-signed by Richard Ribuffo (richard@richardthemagician.com) Signature Date:2026-05-07-5:51:46 PM GMT-Time Source: server-Signature Appearance Selected: MOBILE-DRAW Q Agreement completed. 2026-05-07-5:51:46 PM GMT Adobe Acrobat Sign r DATE SPECIALTY CERTIFICATE OF LIABILITY INSURANCE (MMIDD/YYYY) INSURANCE AGENCY 0211212026 IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(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 Specialty Insurance Agency Contact Name: Heather Weiss Zenzen Performers of the U.S. Phone: 715-246-8908 FAX: 715-246-8908 3432 Denmark Ave#231 Email: certs@specialtyinsuranceagency.com Eagan,MN 55123 INSURERS AFFORDING COVERAGE NAIC# INSURED PERFORMERS OF THE U.S.AND ITS PARTICIPATING MEMBERS: INSURER A: Evanston Insurance Company 35378 Richard Ribuffo INSURER B: dba Richard Ribuffo of Magic Makers Entertainment 352 South Center Street INSURER C: Orange,CA 92866 INSURER D: 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 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDS SUaa - POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE INSD WVD POLICY NUMBER DATE(MM/DD/Y1fI DATE IMM/DD/YY) LIMITS XCOMMERCIAL GENERAL EACH OCCURRENCE $1 000 000 (ABILITY DAMAGE T RENTED .,,....0 CLAIMS MADE X�OCCUR PREMISES(Ea ocwrrence) $300,000 GENT AGGREGATE LIMIT MED EXP(Any are person) $5,000 A APPLIES PER: X X 2CN0183-13838 03/2612026 03/26/2027 12:01am PERSCNAL&AOV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 X POLICY PROJECT PRODUCTS-COMP/03' LOC AGG $2,000,000 A PERFORMER ASSISTANT(S) EACH OCCURRENCE $ AGGREGATE $ BUSINESS PERSONAL A AGGREGATE PROPERTY-INLAND MARINE SEXUAL ABUSE AND EACH OCCURRENCE $1,000,000 A MOLESTATION 2CN0183-13838 03/26/2026 03/26/202712;01am ElOCCUR AGGREGATE $2,000,000 A DATA BREACH AND CYBER AGGREGATE $ LIABILITY COVERAGE A EQUIPMENT LEASED OR AGGREGATE $ RENTED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Richard Ribuffo dba Richard Ribuffo of Magic Makers Entertainment Additional Insured; City of Santa Ana,its City Council,Officers,officials,employees,agents,and volunteers. Waiver of Subrogation applies to general liability. 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:bgarcia-diaz@Santa-ana.org Attn:Beatriz Garcia-Diaz Ongoing For Policy Period Insured for:Balloon Twister,Childrens Entertainer, Magician,Public Speaker,Rape Tricks Performer,Videographer.Note:Athletic audience participation exclusion applies. APPROVED 8y 7u Tran Nguyen a�May CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCEMEB City of Santa Ana BEFORE THE EXPIRATION DATE THEREOF,THE INSURER AFFORDING Attention;Library Services, COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Dylan Dario CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 20 Civic Center Plaza,M-42 INSURER,ITS AGENTS OR REPRESENTATIVES, Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE - � �� d!MA'�l COMMERCIAL GENERAL LIABILITY POLICY NUMBER: gig 2CN0183-13838 MARKEC EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $INCLUDED (Check box if fully earned �) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured Is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only-with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: III 2CN0183-13838 IN IRKEV 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. MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Auto Insurance Confirmation thru 8/24/2026 1 message Richard The Magician<richard@richardthemagician.corn> Tue, Feb 24,2026 at 11:15 AM To: Richard The Magician<richard@richardthemagician.com> Auto Insurance policy with coverage limits through August 24th,2026 To ensure delivery to your inbox,please add USAA Customer service[p)mailcenter usaa.eorn to your address book, ■ USAA SECURITY ZONE Kelly Ribufro JIL A USAA#ending in:3794 Auto Insurance Confirmation Dear Kelly Ribuffo, Please use this as confirmation of auto insurance;however,this doesn't take the place of an insurance identification card. Registered owner: RICHARD RIBUFFO Address: 352 S CENTER ST ©RANGE CA 92866 Policy number: GAR 01 3633790 7104 Policy effective date: February 24,2026 Policy expiration date: August 24,2026 Vehicle: 2022 SUBARU FORESTER VIN: JF2SKAEC3NH487278 Bodily injury liability limit: $100,000 each person $300,000 each accident Property damage liability limit: $100,000 each accident Comprehensive deductible: $500 Collision deductible: $500 Meets California minimum statutory liability requirements This confirmation of coverage neither affirmatively nor negatively amends,extends or alters the coverage given by the policy issued by Garrison Property and Casualty Insurance Company. Mow to Contact Us Thank you for choosing us for your auto insurance needs. If you have any questions,please contact us using one of the following options: Phone: 210-531-USAA(8722),our mobile shortcut #8722 or 800-531-6722 Fax: 800-531-8877 Thank you, Garrison Property and Casualty Insurance Company Garrison Property and Casualty Insurance Company,a subsidiary of USAA Casualty Insurance Company,is authorized to use the USAA logo,a registered trademark of United Services Automobile Association. Taking care of our members since 1922. Go Digital Review and edit your online document preferences at usaa.com. Go r oaire f You Q�apps 8 more �. Please do not reply to this e-mail. To contact USAA,visit our secure contact page. Privacy Promise Garrison Property and Casualty Insurance Company,9800 Fredericksburg Road,San Antonio,Texas 78288 USAA►° 93127-0111 Nguyen, Tu Tran From: Chandler, Brandon Sent: Friday, May 1, 2026 1:56 PM To: RM D Cc: Nguyen, Tu Tran Subject: RE: Request for C01 Review Magic Makers Entertainment dba Richard the Magician Yes, this is approved to waive the auto given the scope of service. Thank you. Brandon Chandler I Risk Manager City of Santa Ana - Human Resources Department � p 20 Civic Center Plaza I Santa Ana, CA 92701 rm Office: 714-647-5472 Work Mobile: 714-451-6620 Email: bchandler(a)santa-ana.org I santa-ana.oralhuman-resources Linkedln Instaaram City Hall hours are 8 a.m.to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand? The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Goggle Play. Click here to report an issue directly from the City website. From: RMD<rmd@santa-ana.org> Sent: Friday, May 1, 2026 12:24 PM To:Chandler, Brandon<bchandler@santa-ana.org> Subject: FW: Request for C01 Review Magic Makers Entertainment dba Richard the Magician Hi Brandon, Please see Library's request to waive the $1M policy limit and business use endorsement for this vendor. The vendor will provide an interactive children's magic show program at Newhope Library. Kind regards, Tu Tran Nguyen I Risk Management Technician City of Santa Ana- Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: 714-647-5141 awl