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Home My WebLink AboutCOOK, LIRVANEETHZA DBA INDIGO COOK CRAFTS-20170 City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and amendments (if any) are no longer in effect.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. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. JUL 19 PM 3: R9 SANTA ANA OF COUNCIL The agreement with n/a t1(- 12-cy, C'oC{-__- No. N-2017-228 was completed on ICI and final payment has been made. (List all amendments. Use space below if needed.) Department: TW15-� Phone/Ext.: Signature: �ioQAj C 1 l 11(r Date: 1 J Revised: 10-18-16 goe mSURANCE T ON FILE WORK MAY PROCEED CLERK U COUNCIL DATE: 0-3-0 O: PRCS October 30, 2017 Silvia Cuevas Lirvaneethza Cook ("Speak er/Performer") dba Indigo Cook Crafts 12733 Downey Ave. Downey, California 90242 Re: Speaker/Performer Engagement Agreement N-2017-228 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: Dia de los Muertos Craft Workshop 2. Event Date(s): November 2, 2017 Event Time(s): 6:00 — 8:00 p.m. 4. Location: Main Library at 26 Civic Center Plaza, Santa Ana, CA 92701 ("Property"). 5. Compensation: $300 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS firm W-9 before payment can be made 6. Equipment provided by City: None 7. Equipment provided by Speaker/Performer: All required supplies and equipment 8. City Contact Person/Project Manager (for coordinating purposes only): Olga Morphew Independent Contractor: Speaker/Performer shall, during the entire tern of this Agreement, be construed to he 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 shalt pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shalt be responsible for all applicable withholding taxes. 10. Indcinnification: 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 SpeakerPcrfonner, his or her agents, or employees. 11. Release: Speaker/Pcrfbriner accepts the Properly and any City -provided equipment used in connection with the performance in their "as -is" condition, with oll faults. Speaker/Pcrfnmer fully releases, waives and discharges forever any and all claims, damands, rights, and causes of action of any kind or nature against, and covenants not Letter Agreement — Lirvaneethza. Cools dba Indigo Cook Crafts Page 2 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 taws, statutes, or regulal ions for any claim m event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof, 12. Commercial General Liability Insurance. Speaker/Performer 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 Speaker/Performer'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, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteer, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard. separation of insured provisions. 1.3. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. 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 Spcaker/Performer's presentation may be maintained by the City, and Speaker/Performer 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 sindlar organizations. Speaker/Performer shall indemnify, the City against any liability or damages, including att:orney's fees, that may arise as a result of violation by Speaker/Perfonner 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 erby reason of tivs Agreement. 19. This Agreement represents the complete and exclusive statement between the City and Speaker/Perfornner regarding the subject matte 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. Please execute this letter to reflect your agreement to the tens and conditions set forth herein. [signature page to fol low] N-2017-228 I_cttcr Agivemoil I,hvwiccthzii Cook dba imiigo Cook Crat'Is j),jo1c 3 CH N' OFSANTA AINA Raul Godinezb City Manager RECOMNIFINDED FOR APPROVAL CICIIIIAO WOO, FIXM16A V, DII-OCLOI, Parks, Reci:c!mioll. &, Community Scivices Agency rc, , I.IRVANF,[-*I W.A COOK APPROVED FORNI: BY: LISA SI ORCK Assistant City ;Attorney Letter Agreement - Urvaneethza Cook dba Indigo Cook Crafts Page 4 Exhibit A Scope of Services VENDOR INFORMATION: Lir Cook EVENT: Dia De Los Muertos Craft Program for the Community TERM: November 2, 2017 COMPENSATION: Not to exceed $300,00 DESCRIPTION: The Santa Ana. Public Library will host a craft workshop for Dia de Los Muertos. Lir Cook will be providing the materials and instruction for this workshop on November 2, 2017. Q I. � Santa Ana Public Library Adult Services Please join us for a delightful evening of Pis Ot L#s Autrit##s skull painting Thursday, November 2, 2017 Meeting Room A (2nd Floor) 6:00 pm - 8:00 pm All supplies are included. Space is limited, please arrive early. Free parking available in the structure next to the library with two(2) hour validation. Acompanenos a pasar una noche encantadora pintando calaveras en celebracion del 0 e a Ot Los- m ur#os jueves, 2 de noviembre, 2017 Salon W (2do piso) 6:00 pm - 8:00 pm Todos los materiales estan incluidos. El espacio es limitado, por favor Ilegue temprano. Dos (2) horas de estacionamiento gratis en la estructura de aparcamiento al lado de la biblioteca. JG pYIOry R/9 / � 1 Main Library * 26 Civic Center Plaza * Santa Ana, CA 92701 * (714) 647-5267 SANYA ANq�PNO(/[UBRgNV 1� EVANSTON INSURANCE COMPANY CERTIFICATE No.: 636450366294057328 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc, in conjunction with City of Santa Ana Apex Insurance Services P. O. Box 6450 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Lirvaneethza Cook, dba Indigo Cook Crafts TYPE: Craft shows 12733 Downey Avenue DATE(S): 11✓02/2017 Downey, CA 90242 LOCATION: Main Library, 26 Civic Center Plaza *Liquor Liability Yeso No • "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions, INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41023 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2017 EXPIRATION: JANUARY 1, MIS COMMERCIAL GENERAL LIABILITY General OCCURRENCE CORM DEDUCTIBLE: NONE Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 MEGL1643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,00052,000,000 Property Damage (If purchased) No Property Damage Coverage The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for ti vetgnt. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: WORKERS' COMPENSA ION DECLARATION hereby affirm under penalty of perjury, the (Namefri[le) following declaration I certify on behalf of 1C ,yy� Q(TVL C r ICJ that during the term.of my cdns lltanVCompany Name) - -- contract for ��. t,t c u y �� a 4 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: GI By: p-,,r (c)ok �t�iclu �o�7ti (fy td'5 ,. Name:( v Title: v- S (JOcr �ii r < } Telephone: 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. ?-Pelw'`N ll1 4 Q