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Home My WebLink AboutSEVILLA, DONN-2019-230 OCT 2 9 2019 October 21, 2019 Don Sevilla `14b9 Peckham St. #19 Fullerton, CA 92833 Re: Break Dancer performance —City of Santa Ana 150" Celebration 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: 10-12 minuteg`of'Break Dancer performance "Up -to 10 performers for this event. 2. Date(s): Sunday, October 27, 2019 3. Event Time(s): between 5:00pm-5:15pm 4. Location: Centennial Park, 3000 E. Edinger Avenue, Santa Ana, CA ("Property") 5. Compensation: $100 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made. Payment to Dan Sevilla only. Mr. Sevilla shall be responsible for compensation, if any, to individual members of dance group. 6. Equipment provided by City: Show Mobile Stage 24'x32' 7. Equipment provided by Speaker/Performer: all equipment necessary, including without limitation sound technicians, laptop/music, and table and any other items needed for performances 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. 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 rever 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 — JC Culture Foundation N-2019-230 Page 2 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 a insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if *"eaker/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 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 `s KRISTINE RIDGE City Manager �' Clerk of • G 01% SPEAKERIPERFORMER Name: Don Sevilla - Title: Individual APPROVED AS TO FORM: By: Ryan Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: -=EQ--IL. Steven Mendoza, Executive Director, CDA Letter Agreement —JC Culture Foundation 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: (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 webeast or any other means, This license shall be non-exclusive and the copyright shall retnain 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 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 KRISTINE RIDGE City Manager ATTEST: DAISY GOMEZ Clerk of the Council RECOMMENDED FOR APPROVAL: #13530v2 SPEAKER/PERFORMER Name: Don Sevilla Steven Mendoza, Executive Dircctor, CDA CITY OFSANTA ANA RISK MANAGEMENT a 4,a� 4 HUMAN RESOURCES Managing Risk. rhnou4h Positive Change WAIVER AND LIABILITY RELEASE FORM i5-ott- Ar"'V9.sc.r,Y In consideration of being permitted to participate in c e) cb r,1-i o.. ("the Event") I hereby assume all responsibility for any and all risk of property damage or bodily injury that I or my employees and/or personnel connected to my operations may cause or sustain while participating in the Event, including my participation in activities and the use of equipment while participating or providing services at the Event. Further, I, for myself and my heirs, executors, administrators and assigns, hereby release, waive and discharge the City of Santa Ana and its officers, directors, employees, agents and volunteers of and from any and all claims which I or my heirs, administrators and assigns ever may have against any of the above for, on account of, by reason of or arising in connection with my participation or presence at the Event site, and hereby waive all such claims, demands and causes of action. Further, 1 expressly agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Further, I have carefully read the foregoing release and indemnification and understand the contents thereof and sign this release as my own, free act. ion Sevl I\c. 1 �— ro �8 & APr is IgEMENT V, 21 2i;:J M. CAMBER i