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HomeMy WebLinkAboutMARTINEZ, RAUL "EL DIABLO"INSURANCE NOT ON FILE N-2023-220 WORK MAY NOT PROCEED CITY CLERK DATE: r (� �\ August 23, 2023 Raul Martinez "El Diablito" 205 S. Myrtlewood St. :v West Covina, CA 91791 ro Re: Sneaker/Performer Engagement Agreement cn This letter represents your agreement with the Cityof Santa Ana("City" ) as entered into on the above date for the engagement described below: I. Event Description: Raul Martinez "El Diablito" ("Speaker/Performer") will provide master of ceremonies (MC) services for Parks, Recreation and Community Services Agency, as further detailed in Exhibit A, attached hereto and incorporated herein. The first performance will be held at the Fiestas Patrias event on Saturday, September 16, 2023. The second performance will be held at the Fiestas Patrias event on Sunday, September 17, 2023. 2. Date(s): Saturday, September 16, 2023 and Sunday, September 17, 2023. 3. Event Time(s): Saturday, September 16, 2023 at 12:00 p.m. — 8:00 p.m. Sunday, September 17, 2023 at 12:00 p.m. — 8:00 p.m. 4. Location ("Property"): Flower St., Santa Ana, CA 92701 (event details to be provided in writing by City) 5. Compensation: Total amount not to exceed $2,000.00 under this Agreement (payable within 45 days 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: 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): Monique Leon 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. Insurance: Insurance shall be procured and maintained by the Speaker/Performer as required by the City and as further detailed in Exhibit B, attached hereto and incorporated herein. 11. 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. N-2023-220 Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection %pith the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, wanes and discharges forever any' and all claims, demands, rights, and causes of action of any kind or nature against, and co%Cnants not to sue, City. its elected officials, officers, entplovecs, agents and volunteers. and all persons acting on behalf of, h through or wider each of them. under any present or future laws, statutes, or regulations for in% clann or cveni relating to the condition of the Properly or City -provided equipment or Spcakcr/Performer's use thercol The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speaker/Perfomner s presentation to the City conununiq or general public, through wcbcast or any other mean; This license shall be nonexclusive and the copyright shall remain with the Spcakcr/Performer r opics Ill Speaker/Performers presentation may be maintained by the Citv, and Speaker/Performer consents to use of .nch recordings. 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/Perlonuer 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. 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. 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. This Agreement represents the complete and exclusive statement between the City and SpeakerlPerformer 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/P4ormer. CITY OF SANTA ANA Kristine Ridge City Manager ATTEST: Hawk parks, ��o �cmmunity Services Agency S AKER/PERFORMER artmez `El Diablito" APPROVED AS TO FORM: B)' .. natlun T. Martinez Assislanl City Attorney Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Raul Martinez "El Diablito" EVENT: Fiestas Patrias event SERVICE DATE(S): September 16-17, 2023 COMPENSATION DUE TO THE VENDOR: not to exceed $2,000.00 DESCRIPTION: This vendor will provide master of ceremonies (MC) services at the Fiestas Patrias event, as detailed in the Agreement. Exact locations to be provided in writing by the City of Santa Ana. The total amount for this agreement will not exceed $2,000.00. City Staff will be present at all times during the event. The Vendor will be paid within 45 days from an event. Exhibit B — Insurance Requirements Speaker/Performer shall procure 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 theperformance of the work hereunder and the results of that work by the Speaker/Performer, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including 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 betwice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Speaker/Performer has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • If the Speaker/Performer 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 limitsmaintained by the Speaker/Performer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Speaker/Performer to 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 namedinsured or City. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Speaker/Performer including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this contract, the Speaker/Performer's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid underthe terms of any policy which arise from work performed by the Recipient for the City. This provision also applies to the Speaker/Perforner's Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be canceled,except with notice to the City. 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 Speaker/Performer shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. Special Events Coverage far Contractors Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Speaker/Performer can obtain additional information and cost from the City. Subcontractors Speaker/Performer shall require and verify that all requirements stated herein, and Speaker/Performer insurance required from subcontractors. subcontractors maintain insurance meeting all the shall ensure that City is an additional insured on Special or Low Risk Activities 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. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities.