HomeMy WebLinkAboutSONIDO 96.7 FM 1 - 2002
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INSU.RANeE iiO, 11EQUIRED/WAIVED
WORK MAY PROCEED
CLERK OF COUNCIL
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, ~~S FOR THE SANTA ANA MARIACHI FESTIVAL
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~ \ THIS AGREEMENT, made and entered into this V~ 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 Sonido 96.7 FM, hereinafter referred
to as "PROMOTER".
AGREEMENT FOR
PROVISION OF PROMOTION SERVICES
N-2002-923
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TERMS AND CONDITIONS
1. PROJECT DESCRIPTION
PROMOTER shall provide radio advertisement in order to
advertise the Maraichi Festival 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 services to be performed pursuant to this Agreement
shall be performed on Monday, May 6, 2002 through Thursday May
11,2002 for the Santa Ana Mariachi Festival.
3. COMPENSATION
CITY agrees to pay, and PROMOTER agrees to accept for said
services a total sum of $3,750.00 for all hours worked, travel
and any and all expenses.
CITY shall issue payment of $3,750.00 the total amount of
compensation upon execution of this Agreement, subject to CITY'S
accounting procedures.
4. INDEPENDENT CONTRACTOR
PROMOTER is an independent CONTRACTOR and not an employee of
CITY and all of CONTRACTOR'S personnel shall be employees or
subcontractors of PROMOTER and not employees of the CITY.
PROMOTER 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.
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5. MISCELLANEOUS PROVISIONS
A. PROMOTER 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. PROMOTER will not discriminate against any employee, or
applicant for employment, because of race, color, religion, sex,
marital status, or national origin. PROMOTER 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
thirty (30) days written notice of termination. Upon
cancellation, PROMOTER must return any compensation paid by
to CITY within ten (10) days.
upon
such
CITY
6. CONFLICT OF INTEREST CLAUSE
PROMOTER 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
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telefacsimile (714) 647-6956
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 PROMOTER:
KWIZ
3101 W 5th Street
Santa Ana, CA 92703
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.
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8. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive
statement between the City and PROMOTER, and supersedes any 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 PROMOTER. 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 PROMOTER 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
PROMOTER 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. PROMOTER 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
PROMOTER 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
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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 compensation
claims, and unemployment insurance claims, of or by anyone
whomsoever, in any way resulting from or arising out of
PROMOTER'S acts or omissions in connection with this Agreement,
including acts or omissions of subcontractors and acts or
omissions of employees or agents of PROMOTER or its
subcontractors.
12. ASSIGNABILITY
Inasmuch as this Agreement is intended to secure the
specialized services of PROMOTER, PROMOTER 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 PROMOTERs retained by
CITY.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
ATTEST:
PATRICIA
Clerk of
CITY OF SANTA ANA, a municipal
corporation of the State of
California ~
a-
VID N. REAM
City Manager
A"RO~O AS ~
! J-
M --
4H W. FLETC R
City Attorney
PROMOTER
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APPROVED AS TO CONTENT
~JON 'RIP"
Exec tive Director
Park , Recreation & Community Services Agency
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EXHIBIT A
City of Santa Ana
Parks & Recreation Department
5-11-02
5pm - 9pm
Santa Ana Stadium
Sonido 96.7fm will be responsible for the following:
Advertising to promote this event as noted below.
A Minimum of 56 recorded thirty second promotional announcements
airing May 6 to May 11,2002.
A Minimum of 50 live fifteen second promotional announcements airing
May 6 to May 11, 2002.
A minimum of 9 live call in announcements from the event 5pm-9pm
Inclusion in print advertising: Pennysaver, Excelsior, MiniOndas.
Liability and Property insurance for all KWIZ staff and property
All copywriting and production of commercials
As a Sponsor of the event, KWIZ/Sonido 96.7 does not assume any legal or
financial responsibilities to suppliers or vendors of Festival del Mariachi, in
regards to this event.
Value of Promotion: $24,000***
***Does not include extra mentions to be given with ticket giveaways
***Does not include extra mentions with Sponsor packages sold
***Does not include advertising schedule Festival del Mariachi buys
Festival del Mariachi will be responsible for the following:
. .
Location for event - Santa Ana Stadium. Appropriate city and county permits.
Any fees or unexpected costs incurred for this event will be the sole responsibility
of Festival del Mariachi.
KWIZ/Sonido 96.7fin will be the exclusive Spanish language radio station on site,
involved in the festival, and featured in any advertising.
Festival del Mariachi gives Sonido the opportunity to sell event sponsorships. In
exchange, Festival del Mariachi will be included in the media that these sponsors
buy. Sonido will try to get prize packages for the event. Festival del Mariachi will
provide these sponsors with the following: prominent banner placement,
distribution of coupons/flyers and live mentions from stage.
Festival del Mariachi will provide tickets to give away on the air. Festival del
Mariachi agrees to honor the station's protected sponsor list by not selling or
presenting these sponsors with any packages for this event.
Festival del Mariachi will provide a list of existing and past sponsors to assure
there is no conflict of interest with KWIZ potential advertisers.
Festival del Mariachi will invest $3,000 in advertising to promote this event. This
campaign includes 17 (:60) commercials, 17 (:30) commercials, 17 (: 15)
commercials plus 9 live call-ins from event location, for a total of 60 commercials.
Festival del Mariachi will pay a talent fee of $250.00 payable to Eva Martinez and
$500.00 for Stage Manager fee payable to Apolinar Carrillo are due on event date.
Authorized
Date
Authorized
Date