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HomeMy WebLinkAboutCASA DE LA FAMILIA 2-2018„r.. City of Santa Ana '* 1 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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. ?f'I” JUL 19 P"' 3: 116 -ERKpOF" cQ NcNA The agreement with icks0. JAem 1( (-W No. N-2018-021 was completed on 1 and final payment has been made. (List all amendments. Use space below ff needed) Department: Phone/Ext.: sals-z n Signature: L� A ,L A( .J UO Date: Revised: 10-18-16 INSURANCE ON FILE vv 0 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: ply 3 �t 4: PRCS (/ ) Silvia Cuevas January 3,2018 Casa de la'Pamilia ("Speaker/Performer") 1650E. 411 St. Suite 101 Santa Ana, Ca., 92701 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: I. Event Description: Information workshop .on human.traffsckingawareness event, 2. Date(s): Saturday, January'20, 2018 1 Event Time(s): 12:30400 p.m. 4. Location: Santa Ana Public Library 26 Civic Center Plaza, Santa Ana ("Property") 5. Compensation. $3$0.00 (payable by cheek within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: microphone, loudspeaker 7. Equipment provided by Speaker/Performer. none 8. City Contact Person (for coordinating purposes only): Patty Lopez 9, Independent Contractor: Speaker/Perfonner 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 untended nor shall it be construed to _crvate_atn.cmploycr-cmployee relationship, a_ j'oint_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: Speakcr/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. 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) N-2018-021 Letter Agreement — Casa de Is Familis Page 2 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 Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, it 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 Speaker/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/Nxformer shall indemnify the City against any liability or damages, including attorney's fees, that may arise as a result of violation by Speaker/Perfarmer 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 Agreernetn. 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. 18, This Agreement represents the complete and exclusive statement between the City and SpeakenTerformer 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. CITY OF A / RAUL GOD i/ City Manager az MARIA D. HiJIZAIt Clerk of the Council RECOMMENDED FOR APPROVAL: Senior Assistant City Attorney Garardo Monet, Executiye Director, PRCSA ACOR®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM 8�1 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: 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 lieu of such endorsement(s). PRODUCER The Van Wagner Group 135 Crossways Park Drive, P.O. Box 9017 Woodbury NY 11797 CONTACT PHONE_ Patti Kenny__._._ FAX -(ALC.KIi 516-719-8760 All c NaL488-290-0302 nooaess, pkenny@sterlinwisk.com INSURER(Sll AFFORDING COVERAGE NAICA N-2018-021 INSURER A: Great American Assurance Company 26344_ INSURED CASADEL-01 Casa De" La"Pamllle INSURER B : 1650 E.4th"Street #101 INSURER C ---- ----- INSURER D: Santa Ana CA 92701 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 738780878 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 COND17IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' LTR :ADDO.SUBRIi POLICY EFF PPOLICY EXP ! TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY I MMIDDIYVYY LIMITS A X'I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE -XI OCCUR III, Y Y ELF 4294348-02 51 1 5/BI2018 EACH OCCURRENCE DAMAGE TO RENTED '., PREMISES IEa occurrence)'�I MEO EXP (Any one person) $1000000 - $100,000 II $ 5000 $1,000,000 PERSONAL dADVINJURY,.. GEN'L AGGREGATE LIMITAPPLIES PER ','i X''t. POLICY1:1 JECT LOC $300g000 -. GENERAL AGGREGATE -. PRODUCTS-COMP/OP AGG_I_$3000,000 $ OTHER: AUTOMOBILE LIABILITY j COMBINEDSINGLE LIMIT Ea eccldenl $ $ L ANY AUTO ALL OWNED SCHEDULED r_ AUTOS AUTOS HIRED AUTOS —II NON -OWNED AUTOS I r iBODILV INJURY (Per person) BODILY INJURV (Per accident) PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB ~EXCESS LAB a OCCUR CLAIMS -MADE., _ j EACH OCCURRENCE_ IAGGREGATE $ 5 CEO RETENTION s WORKERS COMPENSATION ANDEMPLOVEBS'LIABILITY YIN,. !AN V PROPRIETORIPARTNEMEXECUTIVE OFFICERiMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA - PER OTH- STATUTE ER _ E.L.EACH ACCIDENT I E L. DISEASE -EA EMPLOYEE, - EL. DISEASE -POLICY LIMIT I$ $ I$ A Professional Liability Y 1 Y GLP 429-33-48-02 1 5/6/2017 5/612018 I Each Incident $1,000,000 Aggregate $3,000,000 I •I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Adritional Remark ule, stay be attached 0 space ie required) City of Santa Ana is included as an additional insured as required b�r;�n N contr�c( t t only respect to services provided by the Named Insured. City of Santa Ana PRCSA M-23 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. ©1983.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD