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HomeMy WebLinkAboutMARTINEZ, RAUL "EL DIABLITO"e NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: w ••;' (MIu I� ") September i5 , 2022 N Raul Martinez "El Diablito" ("Speaker/Performer") CIQ 0 205 S. Myrtlewood St. n West Covina, CA 91791 Cl- Re: Sneaker/Performer Engagement Agreement y n N-2022-267 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: Raul Martinez "El Diablito" will provide master of ceremonies (MC) services for PRCSA, as further detailed in Exhibit A. The first performance will be held at the Fiestas Patrias event on Saturday, September 17, 2022. The second performance will be held at the Fiestas Patrias event on Sunday, September 18, 2022 2. Date(s): Saturday, September 17, 2022 and Sunday, September 18, 2022 3. Event Time(s): Saturday, September 17, 2022 at 12:00 p.m. — 8:00 p.m Sunday, September 18, 2022 at 12:00 p.m. — 8:00 p.m. 4. Location ("Property"): Flower St., Santa Ana, CA 92701 5. Compensation: Total amount. not to exceed $2,000 under this Agreement (payable on day of the event pursuant to City accounting procedures); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Provided by City: insurance as required by the City and further detailed in Exhibit B, advertising the program, space for the patrons attending, stage, sound and lighting equipment, and staff to assist with setup. 7. Provided by Speaker/Performer: All other equipment and materials necessary. 8. City Contact Person (for coordinating purposes only): Juan Lara 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. Letter Agreement -Raul Martinez "El Diabliti' N-2022-267 Page 2 1 1. Release: Speaker/Perfoniier 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 site, 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. 12. 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. 13. 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. 14. 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 anv activities related to this Agreement. 15. This Agreement shall in all respects shall be interpreted, enforced, and governed exchisively by and oader the laws of the state of California. Both parties agree that Orange County, California, shall be the vemte for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 10 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 SnANTA ANA o�V r KRISTINE RIDGE City Manager waiin4� WK. k S,/ Clerk of die Council Parks, Recreation and Community Services Agency 13 ✓ 13 non Salvatierra Deputy CityAttorney EXHIBIT A Scope of Services Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Raul Martinez "El Diablito" 205 S. Myrtlewood St. West Covina, CA 91791 Telephone: (818) 32506727 Email: radiotoxiko@gmail EVENT: Fiestas Patrias event - Saturday, September 17, 2022. Fiestas Patrias event - Sunday, September 18, 2022 LOCATIONS: Flower Street Santa Ana California TERM: September 17, 2022 through September 18, 2022 COMPENSATION: Not to exceed $2,000.00 DESCRIPTION: This vendor will provide master of ceremonies (MC) services for PRCSA. The first performance will be held at the Fiestas Patrias event on Saturday, September 17, 2022. The second performance will be held at the Fiestas Patrias event on Sunday, September 18, 2022 The total amount for this agreement shall not exceed $2,000.00. The City will be responsible for setting up the space for the patrons attending, and advertising the program. Vendor will be responsible for providing all equipment, materials, supplies and personnel necessary to perform the act. City staff will be present at all times during the performance. EXHIBIT B Insurance Requirements Exhibit B — Insurance Requirements City shall provide, at its sole cost, and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Speaker/Performer, their agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance: 1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance, which 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 Contractor's operations in the performance of this Agreement. Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 8. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.