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INSURANCE NOT ON FILE N-2024-291 <br />WORK MAY NOT PROCEED <br />CITY CLERK <br />DATE: AUG 2 8 2024 <br />o'. PatsRC0 AGREEMENT WITH VOLCAN ADVERTISING AND ENTERTAINMENT TO <br />04—. VL Lfm)"° PROVIDE LIVE PERFORMANCES AT CITY'S 2024 FIESTAS PATRIAS EVENT <br />THIS AGREEMENT is made and entered into this 22nd day of August, 2024, by and <br />between Volcan Advertising and Entertainment, a California corporation ("Contractor"), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide live performances at the City's <br />Fiestas Patrias Event on September 14 & 15, 2024. <br />B. Contractor represents that Contractor is able and willing to provide such services to <br />the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Contractor shall assist in securing and make deposit payments for musical artists Larry <br />Hernandez, Marisol Terrezas, and Ezequiel Pena ("Artists") for performances at City's Fiestas <br />Patrias Event on September 14 & 15, 2024, as further described in Exhibit A, attached hereto <br />and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />for City, including all expenses, the amount identified in Exhibit A. The total <br />amount to be expended under this Agreement shall not exceed Fifty Thousand <br />Dollars and 00/100 ($50,000). <br />b. Union fees, manager and/or agent commissions, and insurance obligations are part <br />of the cost of production and City shall not be liable or responsible for any such <br />payments under this Agreement. <br />C. Contractor will be responsible for paying the Artists' deposits procured pursuant to <br />this Agreement directly and will be responsible for compliance with all applicable <br />wage and hour laws, tax withholding, and any other applicable laws. Contractor <br />agrees to indemnify, hold harmless, and defend the City, its officials, employees, <br />Page I of 10 <br />