HomeMy WebLinkAboutRODRIGUEZ, JOHNATHONINSURANCE NOT ON FILE
WORK MAY Nff PROCEED
CLERK OF COUNCIL
DATE:
C1�1
OCT 2 4 20%
October 14, 2019
Johnathon Rodriquez -(Performer)
141 E. Union Ave
Fullerton, CA 92832
Re: <Johnath—op Rodriquez Performer Engagement Agreement
N-2019-226
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: Johnathon Rodriquez performance at the City's 1501 Celebration.
2. Date(s): Sunday, October 27, 2019
3. 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: Please see attached
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/Perfor nier 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 tier 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.
LetterAgreemcm Johnathonn Rodriquez
page 2
Commercial General Liability Insurance. 5peakertPerformer shall maintain conuncreial general liability insurance
naming the City, its officers, employees, agents. volunteers and representatives as additional insureds) anti shall
include, but not be Limited to piotectiolt against claims arising font bodily and personal injury, including death
resulting therefrom and d'anune to properly, resulting froth any act or occurrence arising out of Speaker/f orfortner's
operations in the perl'airmance of this Agreenunt, including;, without Ifntitntion, tuts involving vehicles. The
amor,utts of iiisllrttttce shall be not less than lilt, following: sittmlc limit coverage applying to bodily and pc=nal
injury, includingdeath resultingtherofrom, and property damage, in the total amount of s J.ofio,0o0 per occurrence,
with $2,000,000 in tide aggregate. Such insurance shall: (1) name the City, its officers, employcex, agents,
volunteers, and rep€ewntatives as additional insureds: (2) be prinuiry attd not contributory with respect to insurance
or self insurance programs maintained by the City; and (3) contain standard separation of insured provisions.
ir. Worker's Compensation hasurance. In accordance with the California Labor Code, SpeakerlPerformer, if
SpeakerfPerlbrnter has any employees, is required to be insured attahast liability for worker's compensation or to
underta Lc self-insurtmee.
14. The City shill have the right and royalty -free license to simulcast or produce and show it tape -delayed broadcast of
SpeakerMerformer's presentation to tlu City comutunity or gelteral public; through webcast or ally other rrtt:aus.
This license shall be non-exclusive and the copyright shall remain with The Speaker/Pcrfdrnter. Copies of
�kl Speaker/Performer's presentation may be maintained by the City, and Speaker+Perfortner consents to use of such
recordings.
15. SpeakertPerformer is solely responsible for payment o£royalty fees, performance fees, or similar fees that nniv be
required by unions Or similar organizations, SpeakerlPerformer shalt indemnify the City against any liability nr
damages, including attarnety`s fees, that may arise as it result of violation by SpeakerlPerfornur of copyright laws.
16. Speakcr7Perfomrer shall not discriminate because of race, color, cried, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, disability, or arty 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 Caldorma. Both parties agree that Orange Comity, C tiro nia, shall be the venue for any action Or
proceeding that may be brought or arise out ol; ill ounnecl lcln with Or by wason of this Agreement.
8. `l`hisAgreementrepresents the complete andcxcldsivestatement between the CityandSpeaker/Perfonnerret,,*atding
fire Suhj;cct matter herein and supersedes any laid all orlter agrccmants, ornl or written, between the putties. This
Agreement may not be ntodi rivij except by written instrument signed by the City and by an authorized representative
or, Speaker/Perrormer.
CUT OF
OFF SANTA ANA ASPIEARIPER I)RMERKitIS'INERIDGE r_J
City Manager Title.
Al"C`P:Sf` = 1 APP /V )I4AmIre'y'
a ORM:
it �i
DAISY GOMEZ Ityan J, dg
Clerk oi'(ltc C.cauncit Assistmtt lty
16''CC7;44MENDPI) FOR APPROVAI,-
Steven lYlell o/,ii
Executive Director, Community Development Agency
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