Loading...
HomeMy WebLinkAboutSHAKESPEARE BY THE SEA (2)City of Santa Ana Clerk of the Council coTc orrice use AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. r-LER K OF THE 03UNyCI Is the agreement(s) a permanent record? Yes No AUG 2121 PM:30 Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. N-2017-108 was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: PRE sA Phone/Ext.: U2Aa A Signature: [s)h)an/ Date: 9 (161in Revised: 10-18-I6 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1r� CLERK OF COUNCIL DATE: JU q �017 Silvia Cuevas June 5, 2017 Shakespeare by the Sea ("Speaker/Performer") 777 Centre Street San Pedro, CA 90731 Re: Speaker/Performer Engagement Agreement N-2017-108 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: Shakespeare by the Sea Performance of Macbeth event. 2. Date(s): July 27, 2017 3. Event Time(s): 7:00 p.m. 4. Location: Birch Park, 210 N. Birch Street, Santa Ana, CA 92701 ("Property") 5. Compensation: $5,000.00 (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: 9K Whisper generator/spider box/special l 00ft cord 7. Equipment provided by Speaker/Performer: all equipment, props, materials, and personnel for engagement. 8. City Contact Person (for coordinating purposes only): Erendira Moreno 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. 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 Shakespeare by the Sea Page 2 12. Commercial General Liability Insurance. Speakeraerrormer shall maintain commercial generat liability I nsurance naming the City, its officers, cmployecv, agents, %olcnteer•; and mprvsenl of+es as additional insured(s) and shnli include, but not be limited to prctect'ar agxinsr ;ta m, 4ri46,g €arm t-,at;l) Anti Pet-:ontl injury, including death mauitdng therefrom and damage 1" h.,,perto eoJtfng ftw, ink act or oc,qurren,c nrt,tiq out of Speakiu/Peri`otmet's operation, in the performance =,r thir Apr.entem, in<tud;n .. Without lnvitatton, arts hlvolving vehicles. The amnums r,f inwuran�e chat; fie rota lee: xlrao )fie fal!,.ri.ing sirig4e fimit .ncera�,e ap}dytng to buddy and personal injury, including death resulting therrfr,,nr, anal pri+pray ,t,rmage, in then tot.il amount of $1,000.000 per occurrence, with 52,o m,rm to the attgregar< Su,h o.wl-'cc 41n11 (11 name 111e City, its of icers, employees, agents, voinnteers, anti represenlai;vty as additional insureds, (2) he primary and not contributory will) respect to insurance or self-insurance pmgrams maintained by the City, and (t) contain standard separation of insured provisions. 11 Worker's Compensation Insurance, In accordance wit], the California Labor Code, SpeakerlPurformer, if Spcakcr/Performor his any employees, is required to be insured against liability far worker's compensation or to undertake soli` -insurance. 14, 'rite City shall have the right and royalty -free license to simulcast of produce and show a tape -delayed broadcast of Speaker/Perlbrntct's proscnuuima to the City conuuunity or general public. through wobcast or any other rnertns. This license slmil he non-exclusive and the copyright shall remain with the Spaakerfperrormor. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Perrormer consents to use of such recordings. 15, Speaker(Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be required by unions or shoilar 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 SpeakerlPerformer of copyright laws. 16_ 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. 17, 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. is. This Agreement represents the complete and exclusive statement between the City and Speaker(per€ormer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not b modified except by written instrument signed by the City and by an authorized representative of Spcakerrformec CIT I S TA ANA 5HA SREA1xE Y 'I SEA HIA K Z a Interim City M Hager Tit{e: p_x k. X6T� � ( �:� L, t ATTEST: MARIA D. HUIZAR Clerk of the Council RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: JOfr1iV,UNK Assistant City Attorney Gerardo Monet, Executive Director, PRCSA EXHIBIT A 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 INVOICE 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 SHAKESPEW4 BY THE SE Tameless Tales. Lcketle.%Admission. Pt,(eless Experience INVOICE# 17559SBTS DATE 05/31 /2017 DUE DATE 07/27/2017 TERMS present check on day of pert. DATE ACTIVITY 07/27/2017 SBTS•Perf Shakespeare by the Sea Performance of Macbeth at Birch Park at 7pm BALANCE DUE AMOUNT $5,000.00 a� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) �•'�� 06107t2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifleate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER ` NAE: David Cormier M Heron Insurance Ag PHONE (818)376-0105 (866) 542.9546 100 N Brand Blvd. Ste404 �_ dcormleraheronins.com __ INSURERS) AFFORDING COVERAGE NAIC0 Glendale CA 91203 INSURER A; Penn$lar INSURED INSURER B: USLI SHAKESPEARE BY THE SEA INSURER C: _ INSURER D: 777 S CENTRE ST INSURER E: SAN PEDRO CA 90731.3732 INSURER F: COVERAGES CERTIFICATE NUMRER• ncvmrnal nu,ae�L.. 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 ILTR TYPE OF INSURANCE WV POLICY NUMBER MNIDDIYYYY FO MMIOO/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE 1Z OCCUR pREMi3E3 En accurre ce E 100,000 MED EXP An are erson S 5,000 PERSONAL$ ADV INJURY s 1,000,000 A Y N CPVC010710 0512812017 05/28/2018 AGGREGATE LIMIT APPLIES PER: POLICY ❑JJECOT LOC GENERAL AGGREGATE E 2.000,000 GEN'L PRODUCTS-COAIPIORAGO E INCLUDED OTHER: E AUTOMOBILE LIABILITY SINGLE E'—""" UTO BODILY INJURY (Per personl S WNED SCHEDULED BODILY INJURY(Peracndenti S S AUTOS AUF03 AONJOWNED PROPERTY DAMAGE E fUTOS Perucodent, E kE ELLA LIAR OCCUR EACH OCCURRENCE 3 SS LIAB CLADIAMADE AGGREGATE S RETENTIONS WORKERS COMPENSATION PER T - ANDEMPLOYERSDASNITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETCRJPARTNEWEXECUTNE OFFICERAIENISER EXCLUDED) NIA N (6landaMry In NNl URy deeeribevnder 0 §S RIPTION OF OPERATIGNSbAce EL. CISEASE-EA EMPLOYE S E.L. DISEASE - POLICY LIMIT 5 Directors and Officers Liability Policy Limit $1,000,000 B N N ND010210690 QW09/2017 05/09l201B Each Claim $1=0.000 DESCRIPTION OF OPERATION5) LOCATIONS IVEHICLES IACORB tat Additional Remarks Schedule, maybe anached if morn apace Is required) ^1e The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents andvolunteers are named as additional insureds I Fa�ueJr�\�o„ The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ... (<o Ivro U I ne wwrcU name and logo are registered marks of ACORD -� 1 ® A� RQ CERTIFICATE OF LIABILITY INSURANCE bATE (MM/DOIYYYY) 06/01/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must 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 Ileu of such endorsement(s). PRODUCER Bettis insurance Services, Inc. 1725 S. Gaffey Street Second Floor San Pedro CA 90731 N Gary Bettis _ PHONE a (310) 521-40.50 FAX (XI.) s21-alll IAIC. No N.): ADDRESS: • INSURERS) AFFORDING COVERAGE NAIC e INSURERA:State Com ensation ins Fund INSURED Shakespeare by the Sea 777 S. Centre Street San Pedro CA 90731 INSURER a: INSURER C_ INSURER o:,,,_ INSURER INSURER F: ccI 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 WTH 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. INSR LTR TYPE Of•INSUPANCE A POLICY NU BER POppY� PO/ICY� LIMITB GENERAL LIABILITY q0t Applicable EACH OCCURRENCE S PREMISES Ee dcarren $ COMMERCIAL GENERAL UAaIUTY Mao EXP (Any one Person) S CLAIMS -MADE OCCUR PERSONAL &ADV INJURY T $ GENERAL AGGREGATE $ GENNLAGGREGATE UMITAPPUES PER: PRODUCTS-COMPIOPAGG S S POLICY PRo- LOC AUTOMOBILE LIABILITY of Applicable Ea acrid SIN L LIMIT5 BODILY INJURY (Per person) 5 ANY AUTO BODILY INJURY (Per auddenO S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOB AUTOS AO $ 5 UMBRELLA UA9 OCCUR of Applicable ENCE 8 WAGGPE�TE.. W EXCESS LIAR CLAIMS -MADE QED REtENTION S 5 p WORKERS COMPENSATION AND EMPLOYERS' LIAMUTYANY PROPRICTOWPARTNEREXECUtiVE YIN 091118-201T 3/0?/281T 3/UT/203a - GTFI+n PR IDENT 5 1, 000, 000 E.LOISEASE-EAEMPLOYEE S 1,000,000 OFFICEWMEMBER EXCLUDED? (Manealoq In NMI NIA E- DISEASE - POLICY LIMIT $ 1,000,000 If yea, descnae under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (Anaoh ACORD 181, ptltlltionai RemarNs Schedule, I( mare space Is required) This certificate is issued as a matter of proof of workers compensation coverage only. IZJ 6a� . CERTIFICATE HOLDER OANCELLA I IUN �. ( ) ( ) SHOULD ANY OF THE ABOVE CSCD PONCELLED BEFORE THE EXPIRATION DATE THERE/, TICE WI IVERED IN ACCORDANCE WITH THE POLIv R OVISIONS. City of Santa Ana-'^ 20 Civic Center Plaza AUTHORIZED REP Es JTA t Santa Ana CA 92701 I ACORD 25 (2010105) ©1988-2010 A COR RATION, All rights reserved. INS026 (2ome501 The ACORD name and logo are registered marks of ACORD Insurance Company Penn- Star Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy CPV0010710 relating to the following: 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 froth 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 prinary 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 clam is nnade 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 canceled, or materially reduced in coverage or Gnlits except after thirty (30) clays 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 05/28/2017 Policy # CPV0010710 Issued to Shakespeare by the Sea Cotmtersigpned by 6,01 this endorsement fora as aa�01141 '?-P jA YI, sured Authorized Representative CITY or SA\TA ANA I R[SK AUNAGEn1E\T 126 Chic CENTER Pr,AZA, SA\TA ANA, CA 927011 TET (71d) 571-J200 WORKERS' COMPENSATION DECLARATION I Lisa Coffi, Producing Artistic Director hereby affirm under penalty of perjury, the (N'ameaitle) following declaration I certify on behalf of Shakespeare by the Sea that during the term of my (Consultant/Company Name) contract for Santa Ana 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 those provisions and provide proof of workers' compensation coverage. DATE: 6!5/2017 By: L24 Name: Lisa Coffi Title: Producing Artistic Director Telephone: (310) 619-0599 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. 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@a shakespearebythesea.org INVOICE 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 SHE KESPI'ME BY THE SE Timeless Tees. nckoflees Admission. Pnwess Experience. INVOICE# 17559SBTS DATE 05/31/2017 DUE DATE 07/27/2017 TERMS present check on day of perf. DATE ACTIVITY 07/27/2017 SBTS-Pert Shakespeare by the Sea Performance of Macbeth at Birch Park at 7pm BALANCE DUE AMOUNT 5,000,00 $5,000.00