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HomeMy WebLinkAboutFRIDA CINEMA (THE) 1City of Santa Ana Clerk of the Council 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. 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. The agreement with t 1)'p FrtriA cmey-lm C;'y cf Santa Ana Clerk of the Council No. N-2018-020 was completed on jQjS_ and final payment has been made. (List all amendments. Use space below if needed.) Department: PRce)A Phone/Ext.: q Signature: A)'&"1'- 6Y��2 Date: q I �g belo,~ Revised: 10-18-16 COMPLETE INSURANCE WORK MAY NUOT PROCEED CLERK OF COUNCIL (N;� tltltl e I Silvia Cuevas typ F' December The Frida Cinema ("Speaker/Performer") 305 E. 4°i Street, #100 Santa Ana, CA 92701 Re: Speaker/Performer Engagement A€seeruent N-2018-020 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: All Ages Drag Queen Storytime event. 2. Date(s): Saturday, February 24, 2018 3. Event Time(s): 12pm 4. Location: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 O'Property") 5. Compensation'$500 (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: Books andcraft materials 7. Equipment provided by Speaker/Perfonner: All program related materials including outreach materials and sound system. 8. City Contact Person (for coordinating purposes only): Cheryl Eberly x5288 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 employerrvernployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional tanner 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/Perfornier 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, N-2018-020 Letter Agreement — The Frida Cinema Page 2 12. Commercial ,-Graiecad..Liability -,Insurance.,_ Speaker/Performer shall maintain commercial general liability insurance narning 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, volunteers, 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. 13. Worker,,,s,,gompensation 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 Speakcr/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 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. 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 Califomia. 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. 13. 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, ATT .. ': MARIA D. HUIZAR letof the Council RECOMMENDED FOR APPROVAL: SPL'X PI+. ivlER Name: Title: G ectik �e �c k Tt G APPROVED AS TO FORM: BY: JOHN Y.FUNK Assistant City Attorney 6. Gerardo Mouet, Executive Director, PRCSA LOGAN CROW EXECUTIVE DIRECTOR 323-428-7411 thefridacinema@gmail.com 305-100 E. 4" Street Santa Ana, CA 92701 Santa Ana Public Library Attn: Cheryl A. Eberly 26 Civic Center Plaza Santa Ana, CA 92701 December 5, 2017 Dear Cheryl, and friends at Santa Ana Public Library, On behalf of The Frida Cinema, may I express my enthusiasm on working with you on the exciting "Drag Storybook" project (official name change pending!), and my continued gratitude for the many ways you've partnered your institution of learning with our institution for the arts! From internships to film screenings to this wonderful new project, it continues to be a joy and honor to work with you and your amazing team! As discussed, this event will take place on Saturday, February 24, 2018 starting at 12pm, at your location at 26 Civic Center Plaza. The Frida Cinema will be provided with a budget of $500 to produce this event. The Frida Cinema commits to use these funds to/for: • Compensate talent: in this case, performers Isabella Xochitl and Kunda Couture • Graphic Design for social media and print advertising • Social media promotional campaign • Design of promotional postcards • Design for drag-themed coloring sheets • Outreach to local LGBT entities about tabling opportunities for youth resource portion • PA system for the event (two microphones and speaker) • Work to identify additional partners to sponsor food, additional marketing, and event elements I thank you once again for your partnership! We are all so very excited about this event, which we feel will not only offer the library's guests a fun and innovative afternoon of live storybook -reading, but will further serve a valuable educational and social component of providing our community and our youth with a rare family -friendly opportunity to demystify the "alternative lifestyle" of Drag, where members of our community can meet two accomplished drag performers in person in a safe -space environment, and surrounded by fellow youth and members of our shared community. Such opportunities for civic engagement are paramount to our mission, and we appreciate the fact that they are core to yours as well! Most 5incerely, L-Logan grow —_ Executive Director The Frida Cinema FACEBOOK.COM/THEFRIDACINEMA WWW.THEFRIDACINEMA.ORG TWITTER.COM/THEFRIDACINEMA A California non-profit arts organization. Tax ID 27-0950151. ACC>RbP CERTIFICATE OF LIABILITY INSURANCE D12/13/2o1 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the poilcy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poilcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsements . PRODUCER KEIR JONES STATE FARM StataFarm 5150 E COLORADO ST LONG BEACH CA 90814 NAM : MELISSA WRIGHT PHONE 562433-5573 _ R� No,562-483-5574 l' :MELISSA@KEIRJONES.COM _ INSURERSIAFFORDINGCOVERAGE yy_ NAICp INSURER A State Fan General Insurance Company j 25151 INSURED THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701 INSURERB: 2517a INSURER C: INSURER D: NSURER E NSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE �ADDLSUBR NSD Wan POLICYNUMBER POLICY EFF IMMIDDNYY)nMMIDO POLICY EXP LIMITS A K I COMMERCIALGENERAL LIABILITY CLAIMS -MADE I OCCUR Y Y 92•EB-S488.3 12/0812017 '1210012018- EACH OCCURRENCE S 2,000,000 DAMAGE TO E GET Ea wumence PRE $ 3DO,000 MED EXP (Any one Orson E 10,000 I w PERSONAL& ADV INJURY $ 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 x POLICY JEftLa F7 LCC I PRODUCTS - COMPIOP AGO $ $ OTHER I AUTOMOBILE LIABILITY COM�BINdEED SINGLE LIMIT $ BODILY INJURY (Per Gerson) .....................`R,Y—('-'went)' I (Pereccltlent) S $—` 5 ANY AUTO ALL OS SCHEDULED AUTOS AUTOS ! NON-OWNED HIREDAUTOSPiAUTOS I PROPERTY DAM1�TI GE PROPSDILY TYD—A � Maraud denll 5 s LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB OLNMS-MADE .WIUMBRELLA DED I RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETCR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLU NIA i I I ' PER 0 - STATUTE Eft E.L. EACH ACCIDENT I$ E.L. DISEASE - EA EMPLOYE $ (Mandatory (Mandatory In NH) If ee, desodbe under DESCRIPTION OF OPERATIONSbelo i I E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlMonai Remarks Staatlule, rP G" ucM1ed iF mb`e a is re \eobel CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AGENTS & REPRESENTATIVES ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA AUTHORIZED REPRESENTATIVE %v�t- SANTA ANA CA 92701 U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (20%01) The ACORD name and logo are registered marks of ACORD 1001486 132849-9 02-04-2014 MSW Policy No. 92 E6S488 3 0535—FB2C CMP4860.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4860.1 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 E69488 3 Named Insured: THE FRIDA CINEMA Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA ITS OFFICERS EMPLOYEE AGENTS REPRESENTATIVES 20 CIVIC CENTER PLZ SANTA ANA CA 92701 4058 1, SECTION II — WHO 15 AN INSURED of In. SECTION II — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury', "property damage", or "personal and advertis- ing injury' caused, in whole or in part, by: a. Premises And Ongoing Operations C. Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations; or In. Products —Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1. above is subject to the following: If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the con- tract or agreement to provide for such ad- ditional insured; and If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Calk fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un- ted by law; til a claim or "suit' is tendered to uss N�61 ° 0, Copyright, State Fame Mutual Automobile Insurance Company, 2013\Pd� Includes copyrighted material of Insurance Services Office, Inc.. with its permissio Qj CONTINUED � " , 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: S, a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not Increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION 11 — GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4860.1 CMP-4860.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; Tender the defense and indemnity of any claim or "suit' to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II — LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION 11 — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insur- ance available to the additional insured, provided that the additional insured is a named insured under such other insur- ance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007042 148020 08-26-2014 ®, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Ina, with its permission. MSP7 Policy No. 92 E6$488 3 0535-FB2C Page 1 of CHIP-47787 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 E6S488 3 Named Insured: THE FRIDA CINEMA Name And Address Of Person Or Organization: CITY OF SANTA ANA ITS OFFICERS EMPLOYEE AGENTS & REPRESENTATIVES 20 CIVIC CENTER FLZ SANTA ANA CA 92701 4058 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ®, Copyright, State Farm Mutual Automobile Insurance Company, Includes wpynghted material of Insurance Services Office, Inc., with its permiormiggian.