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Home My WebLink AboutSHAKESPEARE BY THE SEA(E) City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with N-2016A 03 No. was completed on (List all amendments. Use space below if needed.) Revised: 01-07-16 cult umce use OF THE GOILIKE 102MPm3:30 and final payment has been made. Department: /f RL5A Phone/Ext.: Signature: Date: HUSUARANCE ON HLE WORK MAY PROCEEOD UNTIL INSURANCE yipl';E3 GL: 5 �a I"j &P ERK OF COUN L ATE;; A 21 2016 O: PRCS/C/ Silvia Cuevas July 18, 2016 Shakespeare by the Sea ("Speaker/Performer") 777 Centre Street San Pedro, CA 90731 Re: Speaker/Perforner Enm4ement Agreement N-2016-103 This letter represents your agreement with the City of Santa. Ana ("City") as entered into on the above date for the engagement described below: Event Description: Shakespeare in the Park / Performance of "Othello" 2. Date(s): July 28, 2016 3. Event Time(s): 7:00 p,m. 4. Location: Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property") 5. Compensation: $2,500 (payable by check at conclusion of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: nene Generator 7. Equipment provided by Speaker/Performer: all equipment, props, materials, and personnel for engagement 8. City Contact Person (for coordinating purposes only): Frank Arroyo Independent Contractor: Speaker/Performer shall, during the entire tern 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/Perfanner 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, its agents, or its 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, its agents, or its employees. 11. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment used in connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents, and employees, fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenant 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, Linder any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment. I.etior Agieomow Shakespeare in the Park 2016 Pope -' ' ('onulot uial Cicnaral Liability htnurance. SpeakuScrfornier shall maintain conuuercial general litihifiry in.wum:c naunnp the City, its officers, QInPIoyccs, agents, "dunteci's and rupreseinatives as ndditiuwil insurcd(s) mud sh❑II uwlndo, but mn be limited to protection against claims arising From bodily and rimun it hum", mcluddy duath i "ah"le thurch-oui and dmnagc to property, resulting from any net rr ucctinvacc arising out or5pcakc-rr1'ct Fanner'. nper;di�-o' inlBeperl'urnnutee'riflhisAgruumcul,including,withnullimiuuiun,nutsiuvuleinguclncics 'lhuunuwnt.,,uin.ui.mu• shall be ant loss [halt the Billowing: single limit coverage applying to bodily and porsonal injury, iucludintu death resulting therefrom, and property chniage, in the total amount or$Ip010QO per oecurrcneu, with 52,t10t MM, in the Agg)'VeINIe Such insurance shalk (1) name the City, its editors, eniployucs, agents, volunteers u d rapresuu tutees rre additional insureds, (2) be primary and not contributory with respect to ursuraoeo or .;elf-iusurmuc prognmt, muinuunucl by the City: and (3) contain standard selnuntiou of insured provisions. ?. Worker-s Compensation Insurance In aecordauce with Chu Cnlilonua Labor Code, Speaker'Pct9'orincr, it Speaken'Porfnrmcr has any employees, is required to be insured against liaWMy for workers compohnumi or to undertake self-insurance. 14, The City shad have the right and royalty -Free license to simtdcasi or produce and show a tape -delayed broadcast of Speaker/Performcr's engagement or presentation to the City comnnul or general public, duough Wchcast or any other incam.c. rills license shall he non-exclusivc and the copyngbi shall roniain with the Spcakef PcrG,rnwr. Copiaa of Spuikar.'I'crrormer-s enguguromt or prusomMion tray be maintained by the City, and Speaker Per I�1Cn1Ul con,cill" to use or such recor'din_s. 15. Speakell"ertbrmer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual oricniamm, age, nalband origin, ancestry, disability, or any other basis protected by applicable law in comiection with any acticitics related to this Agreomenl. I b. 'Phis Aprecmcrt shall in all respects shall be interpreted, enforced, and govemed exclusvely by and under the tunes of the state of California. Both parties agree dial onmgc County. California, shall be the venue In any action or proceeding that may be brought or arise out A in canncCtion with or by reason of this Agreement. 17. This Agreement represents the complete and exclusive statement between the City and SpeakerPerAnner regarding the subject matter heroin and supersedes any and all other agreements, oral or written, between the panties. 'Iles Agmmium may not be modified except by widucu instrument signori by the City and by an authori>cd rcprvsentalicu o r S pea kerlPerfiurtncr- Cll Y OF.' "' ANA 6n�tuC- A (T y Manager - MARIA D. I(AZAR f 'Clerk of the Council RECt NIMENDED FOR APPROVAL: Gcrerrdo Mrxrcl YT KI R/PERFORN A L---� Shakespeare by the , ea APPROVED ASTO FORM: Jol[ M.hC1NK Assistant City Attorney E'.xend%Dimon oPPals, Remyrition, and Communtity Services Agwcy Shakespeare by the Sea! Little Fish Theatre T - 310.217.7596 F - 310.507.0269 777 Centre St San Pedro, CA 90731 (310)217-7596 lisa@shakespearebythesea.org BILL TO City of Santa Ana 2215 W McFadden Ave Santa Ana, CA 92704 SHIP TO City of Santa Ana 2215 W McFadden Ave Santa Ana, CA 92704 SIUISHARE BY THE SEA FmeIQss I'A., r cketles , Ad,,,,smn. RI,,,'II, Exrr_4e111e. INVOICE # 04.559SBTS DATE 05/10/2016 DUE DATE 07/28/2016 TERMS present check on day of pert. DATE AC"rive-ry 07/28/2016 SBTS-Pert Shakespeare by the Sea Performance of Othello at Birch Park at 7pm BALANCE DUE AMOUNT 2,500.00 Act CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FEGHTS 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 CCNS717UTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT! If the cor&ticate holder is an ADDITIONAL INSURED the policyjlas) must he sndomd, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies lrmy require an endoreentant A statement on this certificate does not confer rights to the FROOYCER Hercn Inscronco Agency 100 N Brand Blvd, ate 4L4 Glendcfs CA 91203 SHAKESPEARE BY TH E SEA LISA COrR 777 S CENTRE ST NUMBER: REVISION NUMBER: TH S IS TO CERTIFY THAT THE POLICIES OF INSURA14CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NCIGATED NCTVVITHSTANDPd, ANY RECUIREIHENT, TERM OR CONDI-ION OF ANY ^ONTRACT OR OTHER DCCUh1EN"NFTH RESPECT TO WHICF THS OF7TIFICA-E MAY OC ISSUED OR MAY PER-AIN, -TE MSURAVCC ArrCRDED BY THE POLICIES DEPCRmED `-ERE'0 IS SyDJEOT TO ALL TIE TERNIS, EXOLUSIONSAND CONDITIONS Or SUCH POLICIES. LIMITS S{OWN N'A! iW VE DGN FEOLIOED DY PAIO CLAIMS. INS. LIN n"COF14SURANC£ INw WVU FOLICYNUIOER NNMDDNYYYl M.i001Y UNNTS COMdERMALGENERALLIASLA-Y EN 1CC.'.LRRENCE S 1,000,0010 _ dLnlwla-mace �uccul+ DANMGE TC R=NTED PREYU, €ai;.anAwuS4nrsl..,.,,;a..' 19D:000 .,..LL _ LIFO EN` a, w r,Rl 15 5,000 A Y N CPV0010710 LYV2612016 050J2017 PER3,NA_SAnv,uxufV '.$ 1,000,000 AGC�.EbATE GFIIT APPLIES F£R: pEN_RAL ADCAEGATc S 2000,090 C£N'.. ^cum zn ULOC rRa.cc-a-cralrnPAw '�S INCLUDED__ S JTURR. AUTOMUCIL ,._. h1_LIA Y COM1'RINFC SINCFLINAIT a 4tlERIL...__...,__..___..._.__._...._..,......_...,......_ PryYM.TO RFALNINJ"(Pwryxnn', IS aL VANED S::FEOULEL iLTDP. AJT'.N RLYJ LY9NJVR°PMN=c der[1 B .�,. NON.QVN® -0RE] AUTOS __ A,'TaS PA RWOIMAp- IEMssceNalk___.___-- S UMDRELLA LIAe OCCUR RACY CC_RRENCR 4 ADGREGATE .5 EACESS DAa CPI NSAIAM JELL I I REIENIf:NS S yW]REFASCOMPENSATION K [ - -A' PF McEMPLOYERffL1AElUTY vlN E: AL. CID=hT S FACB AYYPR0PRIET0RPAR'"PF_KEAECIdt14E OF%ICENJAEIABERE%C.IJDED' nN;A N E: JIaEh _-eA EPNPLUVEE,S IssrostlYe NN! r en n,u'mea oa OE.CFlIr'TON OP CF[RAI^.^NS blow E-. ]Ifi4'AOr;-rOLIC4I ;PAIT 5 Directors and Officers Lintalg' PORCylunt 51,080,900 D N N ND01021069N 050)&2010 0510912017 Each Claim S1000 000 DEECR@TUNSOPEMATI W LOCATIONS JVEMCLESPCORD I01,AasEientl Remaics SCNed gnuyhe aka heA if more seNo is renvlemO The OortiFicaFe Holder Is alao narood Ad,16ona1 LraLxG1, ` e6 TI.It Cit/of Santa Ana / V(`S LaII 20 Dim Curter PiaYa q^yL.L1./�711 '' SMOUIP ANY UP THE ASOYE DESGRIBP➢POLICIES ®E GANGk1LED BEFORE R� n THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELNERED IN Santa An.t, CA 92701 ACCDROANCE WITH THE POLICY PROVISIONS. A LTNOPI2Fa RFPRF4FI;I,Tn T.1+:' i r C 1988.2014 ACORD CORPORATION. All rights romwed ACORD 25129%01) The ACORD name and logo are registered marks of ACORD POLICY NUNIBER: CPV00107'I0 COMMERCIAL GENERAL LIABILITY CIS 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The city of Santa Ana 20 Civic Center Plaza Santa Ana, CA 52701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} A Section R — Who Is An Insured is amended to include as an insured Me person or organization shown in the Schedule, but only with respect to I - ability arising cut of your ongoing operations per- ktntad for it Insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This Insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insureds) at the site of the cos- ered operations has been completed, or (2) That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon4aotor engaged in perfnrming operations for a principal as a part of the same project. NECi`��` CG 20 10 10 01 C, ISO Properties, Inc., 2000 Page 1 of 1 ❑ ADDITIONAL INSURED ENDORSEMENT Insurance Company Penn Star This endorsement # CPV0010710 modifies such insurance as is afforded by the provisions of Policy — relating to the following: For performance at Birch Park on 7/28/16 1. The City of Santa Ana, 20 Civic Center Plaza, Santa .Ana, California 92701; its officers, employees, agents and volunteers 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. &. With respect to the additional insureds, this insurance shall not be canceled, 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 5/28/2016 , this endorsement form as a part of Policy # CPV0010710 Issued to Shakespeare by the Sea Named Insure Countersigned by 5 Authorized Representativ ��}e\P5�. �0yji SDI �� 9 CITK OF SANTA ANA I RISK MANAGEMENT 126 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 1 TEL (714) 571-4200 WORKERS' COMPENSATION DECLARATION 6 , I rin . .�( tfirm under penalty of perjury, the following declaration I certify on behalf of t 1 �� that during the term of my (Consultmt/company Name) contract for —��— services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with rthose (provisions and provide proof of workers' compensation coverage. DATE: By: Name: Telephone:1G%� WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. a'. O�� 6 SSW P 00 9�