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Home My WebLink AboutHERENCIA MARIACHI ACADEMY 1City of Santa Ana t 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana Note: If your agreement is grant related, please ensure that all grant retention requirements ,, have been satisfied prior to signing the termination form. ' -a 02 LU`2ni Is the agreement(s)apermanent record? Yes _ No Clerk ofthcCouncil Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with MJ/1 1 1s c�`P-KA �j. No. N-2018-178 was completed on %cl l I K and final payment has been made. (List all amendments. Use space below if needed.) �7 Department: Phone/Ext.: GDtS7-1 Signature: Date Revised: 10-18-16 SU U INSURANCE ON FILE WORK MAY PROCEED Th. INSURANCE EXPIRES CLERK OF COUN DATE: $ 2 0 2018 0: PRCS Silvia Cuevas August 28, 2018 \ FLerencia A4ariaeld Academy C'SpeakerlPerformer") ;fMI IcKinley Street Suite l 11428 Corona, Ca. 92879 Re: St)eaker/PerformerEnizaLyeinentAfzreemetit 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: Herencia Mariachi Academy will perform Music in honor of Hispanic Heritage Month event. 2. Date(s); Saturday; September ;29, 2018 3. Event Time(s):,12-4.p.m 4. Location: 816 E Chestnut Ave, Santa Ana, CA 927Q t, Santa Ana ("Property") 5. Compensation: $500.06 (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: None, however the City is responsible for promoting the event. 7. Equipment provided by Speaker/Performer: All equipment necessary, including without limitation sound technicians, speakers, laptop/music, table, microphone, headphone, and strobe light. 8. City Contact Person (for coordinating purposes only): Patty Lopez (714) 647-5325 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 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/Perfortner, his or her agents, or employees. it. 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/Perfanner 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-2018-178 Letter Agreement — Flerencia Mariachi Academy Page 2 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 insureds) 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 fliom 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- CompensationInsurance, In accordance with the California Labor Code, Speaker/Performer. if Speaker/Perfortncr 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/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 shah 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 taws 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 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/Performar. CITY OF SANTA-A,NA SPEAKERIPERF{iTE1VC' R Raul rodinez II Name: i0bo ce /fur seL. City Manager Title: Q�- P n S�NYr +-r s6 APPROVED AS TO FORM: A. ROSSINI ssiatant City Attorney J. VCTZ;iE4Interim Ilxecuilv�,Director. PRCSA y J • � �d 1 V ym ) r N r _=.Y9MPi'y' 4 Vz' d a>u e., aa�Y 4u EVANSTON INSURANCE COMPANY N-2018-178 CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with Apex Insurance Services P. O. Box 6450 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: City of Santa Ana TYPE: Herencia Mariachi Academy P O Box 1988 DATE(S): September 292018 Santa Ana, CA 927092 LOCATION: Roosevelt/Walker Community Center *Liquor Liability Yes ❑ 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: SEP41026 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2018 EXPIRATION: JANUARY 1, 2019 COMMERCIAL GENERAL LIABILITY OCCURRENCEFORM DEDUCTIBLE: NONE General 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 MEGL643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$2,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy m if a separate policy of insurance has been issued for that event. 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. e� `lu"""Y AUTHORIZED REPRESENTATIVE: DATE ISSUED: M N-2p B.178 WORKERS' COMPENSATION DECLARATION I EA= ) )at_€ z /p gCgtereby affirm under penalty of perjury, the (Namerride) following declaration I certify on behalf of ago—cmtrA nwA z&,ag AC6kZ )4hat during the term of my (Consul tmtHComMy Name) contract for M ar✓r a -(hi 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: g/?/ 11F By: �% 1 , C 4 MA-Z Name: 62ot€ �e/nfEZ- Title: _P(LESibe(14T" Telephone: 7, y 3 VS -A 7 yD 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. \)I`. Fz,Gc'