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Home My WebLink AboutHERNANDEZ PRODUCTION-2002 " fftes N-2002-026 AGREEMENT FOR 4-/6.-0 C PROVISION OF MUSICAL SERVICES rJ'l.. AT THE SANTA ANA MARIACHI FESTIVAL THIS AGREEMENT, made and entered into this ILtb day of April, 2002, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY", and Hernandez Productions, hereinafter referred to as "BOOKING AGENT" . TERMS AND CONDITIONS 1. PROJECT DESCRIPTION BOOKING AGENT shall make available Americas first all female Mariachi Reyna de Los Angeles and Mariachi Perla Tapatia to provide musical entertainment a 45 minute show per group at the Santa Ana Stadium in the city of Santa Ana (venue) as fully set forth in Exhibit A. City of Santa Ana shall provide those requirements as set forth in Exhibit A to this Agreement, 2. TIME FOR COMPLETION The shall be Mariachi services performed Festival. to be performed pursuant on Saturday, May 11, 2002, to this Agreement for the Santa Ana 3. COMPENSATION :i ~.t r1Ih:( wn ,;f. CITY agrees ~o' pay, and BOOKING AGENT agrees to accept for said services a total sum in an amount not to exceect Six Thousand Seven Hundred and Fifty Dollars ($6,750,00) for. all hours worked, travel and expenses. Payment shall issue from CITY to BOOKING AGENT after the performance by Mariachi Reyna de Los Angeles and Mariachi Perla Tapatia. 4. INDEPENDENT CONTRACTOR BOOKING AGENT is an independent CONTRACTOR and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees or subcontractors of BOOKING AGENT and not employees of the CITY. BOOKING AGENT 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. 1 5. MISCELLANEOUS PROVISIONS A. BOOKING AGENT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. BOOKING AGENT will not discriminate against any employee, or appl icant for employment, because of race, color, religion, sex, marital status, or national origin. BOOKING AGENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. C. This Agreement may be terminated by either party upon thirty (30) days written notice of termination. Upon such cancellation, BOOKING AGENT must return any compensation paid by CITY to CITY within ten (10) days. 6. CONFLICT OF INTEREST CLAUSE Booking Agent covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 2 -. With courtesy copies to: Executive Director of Parks, Recreation and Community Development City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Booking Agent: Hernandez Productions 1648 Tyler Ave Suite A El Monte, CA 91733 Attn: Yolanda Hernandez A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Booking Agent, and supersedes any 3 and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Booking Agent. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Booking Agent nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 9. DISCRIMINATION Booking Agent shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Booking Agent affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further 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. 11. HOLD HARMLESS CLAUSE BOOKING AGENT shall defend, indemnify and save harmless CITY, its officers, agents, volunteers and employees, against any and all damages to property, or injuries to or death of any person, or persons, inClUding property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents, volunteers and employees, from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, worker's 4 compensation claims, and unemployment insurance claims, of or by anyone whomsoever, in any way resulting from or arising out of BOOKING AGENT'S acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of BOOKING AGENT or its subcontractors. J 2 . BREACH Inasmuch. as this Agreement is intended to secure the specialized services of Mariachi Reyna de Los Angeles and Mariachi Perla Tapatia, failure of either group to appear and perform shall be considered a material breach of this agreement. The CITY shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 13 . ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of BOOKING AGENT, BOOKING AGENT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY'S prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY'S ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other Booking Agents retained by CITY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA, a municipal corporation of the State of California ~ Z\:~~~/~ City Manager ~ 5 APPROVED AS TO CONTENT ( APPROVED AS TO FORM: BOOKI JIlL \/J4, ~ JOSEPH W. FLE HER City Attorney By: Tit Tax RIBBLE Exe tive Director Parks, Recreation & Community Services Agency 6 . , " Exhibit A Stage Details City of Santa Ana Showmobile Size 40' x 40' Dressing Room · Locker Room at the Santa Ana Stadium · Hot & Cold running water · Drinks requested by Hernandez production can be met · Deli tray · 16 whit towels Production office (5 People) Santa Ana Stadium Locker Room office · Can meet Hernandez production request by providing Parks Department Operations Office Stage Set -up · Center showmobile in the center of Stadium grounds · Facing the Santa Ana Police Department · Tree props will line stage sides · Green room will be provided · VlP Tent for dignitaries and special guest · 200 VlP seating for event Sponsors and guest . 4,000 to 6,000 stadium seating available for event attendees 6th Street .", <:- "- "- "- ,:-.,\:::- "- .~ ..,- ~..::::.- , ,. '- \J :;JJ O:;JJ 00 Co ~$: o 2: ..i:' ~, ..-v.;"" -!_:,-':+"':- f I 1'-"1 :i'Ui:-jJI;,r ,*''':- '. ~;::. 1--_ I CJ CJ , It I1II II CJ I '6" ~ 1111111 II Z U) ,lllllllm . CJ ~ I D Z ..... (J) 0 .L. 0 II III I I I ;ti <l> ~ 0::: ~ co CJ ~ ~ II IIII I 1)::- G: U) CJz I W I'IIIIII~ 0::: II II I 1 1 I I CJ CJ I II 11'1 II I 11/1// / I CJ CJ I I I I i I I s I I .f I I II I ;""'... i ;, (;;OiiSlr " I I ;; I JEllUEl80!^!8 I CITY ATTOF:I~EY'":; OFF1CE F,j,:714-1'.47-6515 .'. ...~._._.- -., --<~ ...". __~._fj>f:.l 7'02 16 :04 F'.01 64/17/<661 16:~8 6262792956 HERNANDEZ PROD P~E 61 Manachi ChapcJa.. Qry of SamaAn~ Office of the Gty Aatorney 20 O\lic (enter P/w Sallta Ana. 0\ 91702 Dear Mike: Hernande.l Productions. Inc. will provide America's First &II Female Mariachi Reyna de Los AngeJes. and Mariachi Perla Tapatia, for a performance on SaUda" May 11. 2002. Mariachi Reyna will perform at 7:45 PM and Perta will perform at 6:00 PM for 45 minutes each wittl a sound chetkJr~arsaI at ~:OO PM. ~nandez Productions. \'lift coordinate their music and prOYide a festive and quality snow. Hernandez Productions wi>> also provide transportation for bath groups to the Mot. Hernandez Productions, has agreed to this event upon receipt of deposit on Thursday. 411 1/2002 in tilt amount of $3750.00 and the ~l balance to be paid in full on Mond~ Hay n. 2002 no later then 5:00 PM. (,JI,1!tJ.0t>). ShoUld you have any questions or requIre further Inform.lion please contact me at (626) 279-1700. AL- 1/+ Mike Vigliotta, Deputy City Att~ Ciry of Santa Ana Pre.. sign Md .. bade to (i21} 27t-Zt56 .. our ~s fIld 15 Pllrt of Ihe c:ontracf J:f... v... 11I''''.7 P. nnIJrTJON S