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Home My WebLink AboutBEVINS ROADSIDING, INC.N-2019-200 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL ® DATE: OCT 0 1 2019 h October 1, 2019 Bevins Roadsiding, Inc. 1980 Orchard Rd. Holtville, CA 92250 Re: Bevins Roadsiding. Inc. -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: 1. Event Description: Como La Flor: performance of Selena Quintanilla's greatest hits at the City's 150"' Celebration. 2. Date(s): Sunday, October 27, 2019 3. Event Time(s): 3pm-9pm, tentatively scheduled from 4pm-6pm. Exact time to be determined and will be provided, in writing by the City, two (2) weeks before the event date. 4. Location: Centennial Park, 3000 E. Edinger Avenue, Santa Ana, CA ("Property") 5. Compensation: $3,000; First half of the payment is due upon full execution of this Agreement. The remainder due within 30 calendar days of event. (payable by check to Bevins Roadsiding, Inc. Bevins to pay Como La Flor for performance) 6. Equipment provided by City: 40 x 40 stage. Professional sound system and lighting will be provided. 7. Equipment provided by Speaker/Performer: Speaker/Performer to provide their own musical instruments, as necessary. Any other materials requested by Speaker/Performer must be approved by the City prior to the Event. 8. City Contact Person (for coordinating purposes only): Julie Cardenas 714-673-3619/ Melanie Torres (714) 757-0710. 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/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. Letter Agreement- Bevins Roadsiding, Inc Page 2 12, Commercial General Liability Insurance. Speaker/Perfarmer 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, 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, 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 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 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 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 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. CITY OF SANTA ANA STINE RIDGE City Manager 1-7 DAAI1SYVGOMEZ7:L� Clerk of the Council Name: Title: Ryan O.. Assistant RECOMMENDED FOR APPROVAL: 7> 1J t-� Steven Mendoza, Executive �irect Community Development Agency FORM: