HomeMy WebLinkAboutLATIN SOUL INCINSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL Y'
0', C/',o G;)DATE: OCT 1 0 2019 J
October 1, 2019
Latin Soul Inc. (Performer)
3303 S. Archibald Ave
Ontario, CA 91761
Re: Latin Soul Band Performer Engagement Agreement
N-2019-211
This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the
engagement described below:
Event Description: Latin Soul Band performance at the City's 150°i Celebration.
2. Date(s): Sunday, October 27, 2019
Event Time(s): 3pm-9pm, with a tentative performance schedule between 5:30pm-7:30pm. Exact time to be
determined and will be provided 2 weeks before the event date.
4. Location: Centennial Park, 3000 E. Edinger Avenue, Santa Ana, CA ("Property")
5. Compensation: $1,000 (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: 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.
H. 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 — Latin Soul, Inc.
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 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: (I) 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.
is. 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 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
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KRISTINE RIDGE
City Manager
A; ES
,
A
BAOME
Clerk of the Council
SPEAKER/PERFORMER
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By:
Title:
AP
P D TO FORM:
By:
Ryan O. ge
Assistan ity A orney
/ COMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director, Community Development Agency