HomeMy WebLinkAboutMARTINEZ, RAUL "EL DIABLITO" (2)INSURANCE ON FILE
V4:R'M1 NIAY PROCEED
UNTIL INSJRANC.E EXPIRES
CITY Cl 2024
DATE:
a'. PFCl, CL)
( \rro 1�Yhhez�nMY
September 10, 2024
Raul Martinez "El Diablito"
205 S. Myrtlewood St.
West Covina, CA 91791
Re: Speaker/Performer Engagement Agreement
N-2024-308
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" ("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 14,
2024. The second performance will be held at the Fiestas Patrias event on Sunday, September 15, 2024.
2. Date(s): Saturday, September 14, 2024 and Sunday, September 15, 2024.
3. Event Time(s): Saturday, September 14, 2024 at 12:00 p.m. —10:00 p.m.
Sunday, September 15, 2023 at 12:00 p.m. — 9:00 p.m.
4. Location ("Property"): 4' Street, Santa Ana, CA 92701 (event details to be provided in writing by City)
5. Compensation: Total amount not to exceed $5,000.00 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: 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): Elena Martinez
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.
Letter Agreement —Raul Martinez "El Diablito"
Page 2
12. 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.
13. 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.
14. 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 allomey's fees that may arise as a result of violation by Speaker/Performer of copyright laws.
15. 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.
16. 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.
17. 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 ANTrANA
A4�i
VARO NUNEZ
City Manager
ATTEST:
Jennifer L.
RECOMMENDED -FOR APPROVAL
k Scott
Executive Dir
ation and Community Services Agency
SPEAKER/PERFORMER
9 /400�
Raul 14oftin7fN Diablito"
APPROVED AS TO FORM:
By, � G
Bra on Salvatierra
Deputy City Attorney
EXHIBIT A
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION: Raul Martinez "El Diablito"
EVENT: 2024 Fiestas Patrias event
SERVICE DATE(S): September 14- September 15, 2024
COMPENSATION DUE TO THE VENDOR: $5,000
DESCRIPTION:
This vendor will provide master of ceremonies (MC) services at the Fiestas Patrias event.
The total amount for this agreement will be $ 5,000. City Staff will be present at all times during
the event.
The Vendor will be paid within 45 days of the event.
EXHIBIT B
EXHIBIT B
Speaker/Performer shall procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
services, products, and materials supplied to City. Total cost of such insurance shall be borne by
Speaker/Performer.
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL). Insurance Services Office ("ISO")
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 and
$2,000,000 aggregate.
(2) Broader Coverage. 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 limits maintained 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.
b. Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the
following provisions:
(1) Additional Insured Status. The City, its City Council, its officers, officials,
employees, agents, and volunteers are to be covered as additional insureds on
the policies required above, 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) Certificate Holder. The Certificate Holder on each evidence of insurance
certificate shall be: City of Santa Ana, Attn: (name of department staff
responsible for Agreement), 20 Civic Center Plaza M-XX (responsible
staffs department mailbox), Santa Ana, CA 92701. The name and location
of event should be included in the description of operations section of each
certificate.
C. 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 requiredby this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Speaker/Performer'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.
d. Special Events Coverage. Special events coverage is available and can by
purchased by Speaker/Performer. Use this link to learn more: www.2sl)arta.com
C. Special Risks or Circumstances. City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience,
insurer, coverage, or other special circumstances.
CERTIFICATE OF INSURANCE ENDORSEMENT
SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST, A RISK PURCHASING GROUP
Certificate # 1
41700
FACILITY OWNER - Additional Insured: (if multiple, continued
on next page)
PRODUCER:
CA License #0757776
HUB International Insurance Services Inc.
City of Santa Ana, its officers, officials, employees and volunteers, 20
3000 Executive Parkway, Suite 300
Civic Center Plaza, Santa Ana, CA 92701
San Ramon, CA 94583
PH: 925 609 6600 FX: 925 609 6550 specialeventCa)hubinterrlational.com
EVENT HOLDER - Named Insured: (if multiple, continued on
EVENT INFORMATION
next page)
City of Santa Ana
TYPE OF EVENT:
Festival
20 Civic Center Plaza
EVENT DATE(S):
9/14 & 9/152024
Santa Ana, CA 92701
EVENT LOCATION(S):
Downtown Santa Ana, Santa Ana, CA 92701
This is to certify that the policies of Insurance listed below have been issued to the insured named above for the event dates) indicated above. Notwithstanding any requirement, term or
condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms,
exclusions and conditions of such policies.
INSURER A:
COLONY INSURANCE COMPANY
INSR LTR
Type of Insurance
Policy Number
Effective
Expiration
Policy Limits
Each Occurrence
$1,000,000
General Aggregate
$2,000,000
Personal & Advertising Injury
$1,000,000
Products/Completed Operations
$2,000,000
Commercial
Aggregate
Damage to Premises Rented to You
$1,000,000
A
General Liability
103 GL 0021111
1/1/2024
1/1/2025
Medical Payments
$5,000
Liquor Liability Each Occurrence
(Aggregate Included In General
$1,000,000
Liability Aggregate)
COVERAGE TERMS:
Occurrence Form (CG 0001)
The coverage afforded by this insurance is primary and non-contributing with any
Hoot Liquor Liability Included.
insurance held by the "Additional Insured" as Named Insured, when the "Additional
Insured" is shown on this Certificate of Insurance Endorsement as "Additional Insured"
Full Liquor Liability Included when a
or WHEN REQUIRED BY WRITTEN CONTRACT.
separate premium has been charged.
COVERAGE EXCLUSIONS: (REFER TO POLICY
FOR COMPLETE LISTING OF EXCLUSIONS)
-- Communicable Diseases
Specific Events are excluded from coverage. Please see second page for list of excluded events.
-- Sexual Abuse & Molestation
-- Terrorism
On behalf of the Risk Purchasing Group and each Member, the Trustee has declined coverage for the Terrorism Risk
Insurance Act (TRIA).
— Additional Insureds, next page —
Second Page of Certificate
Certificate #
41700
OTHER ADDITIONAL INSUREDS:
1
Entertainer: ALR Productions
2
Entertainer: Sodin Entertainment
3
Entertainer: Volcan Entertainment
4
Entertainer: Marisol Terrazas
6
Entertainer: Chino Promotions
6
Host: Raul Martinez
F
8
FqT
10
11
F2T
13
CANCELLATION: Should the above described policy(s) be canceled before the expiration date thereof, the issuing company will endeavor to mall 30 days written notice to the insured event
holder and additional insureds listed.
AUTHORIZED REPRESENTATIVE:
� �v
DATEISSUED:
9/6/2024
Third Page of Certificate Certificate # 41700
SPECIFIC EVENT EXCLUSIONS
The following types of events are specifically excluded and no coverage for them exists on the policies listed on the
front page of this Certificate of Insurance:
Aircraft / Aviation
All Terrain Boarding
Ballooning / Balloon Rides
Base Jumping
Bouldering Events
Boxing, Wrestling
Bungee Jumping
Carnival Rides
Circuses
Concerts with single performances exceeding 6 hours of performance time
Contact Karate / Martial Arts
Contact Sports
Diving
Football (except passing camps with no contact drills)
Hang Gliding
Hockey
Jousting
Kayaking, Rafting or Canoeing in greater than Class 3 rapids
Lacrosse/Rugby
Mechanical Amusement Rides or Services and Gyroscope Rides
Motorized Sporting Equipment
Mosh Pits
Mountain Biking
Power Boat Racing
Professional Sporting Activity; Games, Races, Contests of a professional nature
Pyrotechnics / Explosives
Rap or Heavy Metal Concerts
Raves
Rock Climbing, Climbing Wall
Rodeo / Roping Events (includes practice)
Scuba Diving
Tractor / Truck Pulls
Zip Line / Zip Lining
SPECIAL EVENT LIABILITY GROUP INSURANCE TRUST DATE
CERTIFICATE OF INSURANCE ENDORSEMENT 9/6/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE ENDORSEMENT DOES NOT CONSTITUTE A CONTRACT
BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER:
CONTACTNAME: JOYCUMMINGS
HUB International Insurance Services Inc.
PHONE 9256096500
FAX 9256096550
3000 Executive Parkway, Suite 300
EMAIL soecialevent(o)hubinternational com
INSURER(S) AFFORDING COVERAGE
NAIC #
San Ramon, CA 94583
INSURER A:
Colony Insurance Company
39993
CA License #0757776
NAMEDINSURED:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the event carets) indicated below Notwithstanding any requirement, tens o
Condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and Conditions of such policies.
INSR
LTR
TYPE OF INSURANCE
INSURED MEMBER
ENDORSEMENT
NUMBER
COVERAGE EFFECTIVE/
EXPIRATION DATE
LIMITS
A
GENERAL LIABILITY
EACH OCCURRENCE
$1.000.000
X COMMERCIAL GENERAL LIABILITY
41700
9114 & 9/15/2024
DAMAGE TO RENTED PREMISES
(Ea o—nenne)
$1,000,000
CLAIMS -MADE ❑X OCCURRENCE
MED ESP (My one Person)
$5,000
PERSONAL& AOV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
PROOUCr&COMPIOPAGG
$2.000,000
LIQUOR LIABILITY PER
OCCURRENCE (AGGREGATE
INCLUDED IN GENERAL LIABILITY
$1.000,000
AGGREGATE)
MASTER POLICY #103 GL 0021111 - EFFECTIVE DATE 111/2024; EXPIRATION 1/1/2025
DESCRIPTION OF OPERATIONS / LOCATIONS
City of Santa Ana, its officers, officials, employees and volunteers, 20 Civic Center Plaza, Santa Ana, CA 92701
is/are included as an additional Insured(s) per attached endorsement T5409-0116. Policy Is Primary and Non-contributing per attached endorsement T1095-0108; Waiver of
Subrogation applies per attached endorsement CG 24 04 05 09.
Event Type: Festival
Event date(s): 9/14 & 9/15/2024
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Santa Ana
AUTHORIZED REPRESENTATIVE
Attention: Ella Sepulveda
20 Civic Center Plaza M-75
Santa Ana, CA 92701.
l% _
POLICY 4103 GL 0021111
COMMERCIAL GENERAL LIABILITY
T5409-0118
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Named of Additional Insured Person(s) or Organization(s)
City of Santa Ana, its officers, officials, employees and volunteers, 20 Civic Center Plaza, Santa Ana, CA 92701
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section H - Who Is An Insured is amended to include as
additional insured the person(s) or organization(s) shown
in the Schedule, but only with respect to liability for
"bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by your
acts or omissions or the acts or omissions of those acting
on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or rented to you.
T5409-0118 0 ISO Properties, Inc., 2004 Page 1 of 1
POLICY #103 GL 0021111
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTING INSURANCE
(Third -Party)
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as
contained in the policy is deleted in its entirety and replaced with the following condition as respects the Third Party shown below:
4. Other Insurance
a. With respect to the Third Party shown below, the insurance provided by this policy shall be primary and non-contributing
insurance. Any and all other valid and collectible insurance available to such Third Party in respect of operations performed by you
under written contractual agreements with said Third party for a loss covered by this policy, shall in no instance be considered as
primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the
insurance provided by this policy.
Third Party to whom this endorsement applies is: City of Santa Ana, its officers, officials employees and volunteers 20
Civic Center Plaza, Santa Ana CA 92701
Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual
agreement with any Third Party for whom you are performing operations.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED,
T1095-0108 Includes Copyrighted material of [SO Properties, Inc. with its permission. Page 1 of I
POLICY 4103 GL 00211It
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery.
The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of Section IV — Conditions:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make
for injury or damage arising out of your ongoing operations or "your work' done under a contact with that person or organization and
included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule
above.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CG 24 04 05 09 Contains material copyright, Insurance Services Office, Inc., with its permission. Page I of I