Loading...
HomeMy WebLinkAboutLA FAMILIA ENTERPRISES 2 Pi / / \ 2 e ¢ ` 6 / / \ ) \ & y Q ® CD ^ § \ \ — ƒ / R m Cl) \ 2154' ‘... a IN } P m I. $ }_ . iii .4Q= gR� ( § ./ . 0 ( \ / - » k \ W \ I . 22 ( � ' 7 ©7 , � # a} % \ j . k } / } $ \ ; 4 00- 3 o ® . ƒ \. \ { I \ ' /« ® / S« ® _ q r « » . c• * d w! INSUOArrP' ~,aU~ f;~~uinEo Ci't.Rr. Ur Ci}UNCi care: ~-a-o7 D''PR~.s ~~) ~~.c-M1~~ AGREEMENT FOR PROVISION OF MUSICAL SERVICES AT THE SANTA ANA MOTHER'S DAY EVENT N-2007-032 THIS AGREEMENT, made and entered into this 27s' day of February, 2007, 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 La Familia Enterprises, a Texas corporation, hereinafter referred to as "ARTIST". TERMS AND CONDITIONS DESCRIP'T'ION OF RESPONSIBILITIES ARTIST shall ensure that the Artists known as "Little Joe y La Familia" will provide musical ernertainment, including atwo-hour live performance of their act at the Mothers Day Celebration to beheld at the Santa Ana Stadium, in the City of Santa Ana ("Venue") on May 12, 2007 (said "Event"), as further detailed in Exhibit A, attached hereto. ARTIST shall also act as "producer" of the Event including coordination of all rehearsals and production numbers, providing a back stage manager and stage design. 2. TIME FOR COMPLETION The services to be performed pursuant to this Agreement shall be performed on Saturday, May 12, 2007, for the Santa Ana "Mothers Day Celebration". 3. COMPENSATION CITY agrees to pay, and ARTIST agrees to accept for said services a total sum in an amount not to exceed Fifteen Thousand dollars ($15,000.00) for all entertainmern. Payment shall issue from CITY to ARTIST at the conclusion of the performance. Payment need not be made if said Event fails to meet the standards of performance as may reasonably be expected from a professional Booking in the field. The City will pay an additional amount, not to exceed $1,000 for actual costs incurred for lodging. 4. INDEPENDENT CONTRACTOR ARTIST is an independent CONTRACTOR and not an employee of CITY and all of ARTIST'S personnel shall be employees or subcontractors of ARTIST and not employees of the CITY. ARTIST shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similaz taxes relating to employees and shall be responsible for all applicable withholding. 5. MISCELLANEOUS PROVISIONS A. ARTIST 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. ARTIST will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. ARTIST will take atfimtative action to ensure that applicants are employed, and that employees are treated during employment, without regazd to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the foIlowing; employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. This Agreement may be terminated by City upon thirty (30) days written notice of termination. 6. NOTICE Arty 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 meaner 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 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 teIefacsimile (714) 647-6515 To ARTIST: La Familia Enterprises Attn: Ivan Hernandez 2903 S. General Bruce Drive Temple, Texas 76504 Telefacsimile (254) 773-4778 A parry may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. EXCLUSNITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and ARTIST, 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 ARTLST. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terrs and conditions hereof, shall not bind or obligate ARTIST 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 arty party, which are not embodied herein. 8. JURISDICTION -VENUE 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 finther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out o~ in connection with or by reason of this Agreement. 9. HOLD HARMLESS CLAUSE ARTIST agrees to and shall indemnify and hold hamiless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of (1) claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the ARTIST or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 ofthis Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relied including any claims made by performers that the Ciry has violated any copyright law(s), is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harness agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The ARTIST further agrees to indemnify, hold harmless, and pay all costs for the defense of the CITY, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the teens of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 10. BREACH Inasmuch as this Agreement is intended to secure the specialized services of Little Joe y La Familia, failure of the 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. 11. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of ARTIST, ARTIST 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 constnred to limit the CITY'S ability to have any of the services which are the subject of this Agreement performed by CITY personnel or by other Agents retained by CITY. 12. COMPLIANCE WITH COPYRIGHT LAWS ARTIST understands that the songs used by its performers maybe copyrighted music pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under a~ such agreement and any applicable law or regulation, if arty. To the extent that there is a conflict between any such agreement, applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail. ARTIST shall defend, indemnify and save harmless CffY, its officers, agents, volunteers and employees, against any and all damages from any and all claims, demands, suits, actions, or proceedings of any kind or nature, including, but not by way of limitation, violations of federal copyright laws andlor regulations or by any one whomsoever, in any way resulting from or arising out of ARTIST'S acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of ARTIST or its subcontractors. 13. LICENSES ARTIST shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. ARTIST shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for temrination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fnst above written. ATTEST: PATRICIA E. HBALY Clerk of the Council CITY OF SANTA ANA, a municipal corporation of the State of California ~ rte- DAVID N. REA City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER city Attorney ~~ . Laura Sheedy Assistant City Attorney LA F LIA ENTERPRISE,S,~ / By: Title: Tax ID# 74-1508356 RECOMMENDED FOR APPROVAL GERARDO MOU Executive Directo Parks, Recreation And Community ervices Agency ADDITIONAL TERMS AND CONDITIONS 1. $$PRODUCTION IN AUDIO/VIDEO -The recording, reproduction, or transmission of Artist's performance is Prohibited absent consem of Artist and La Familia Enterprises. No video equipment or audio recorders will be allowed on premises. Still Photos/personal snapshots aze acceptable. This is the responsibility of your gate personnel to now allow video cameras pas[ the entrance. 2. CATERING -Requirements for catering consist of Baked, grilled or broiled hot fish meal and vegetables; bottled water, 12-pack of Diet Cokes, one case of Coke Classic, Got tea; cups and ice, aapkins, plastic Imives and forks to serve 15 persons. LA FAMILIA STRIVES TO BRING YOU A FIRST CLASS SHOW, IN DOING SO WE ASK YOU NOT TO PROVIDE ALCOHOLIC BEVERAGES UNTIL, AFTER PERFORMANCE. 3. ACCOMODATIONS -City will provide accommodations, in an amount not to exceed $1,000 for 2 single and 6 double rooms. 4. ~QMPLIMyFNTA_RY TICKFTS AND BACKSTAGE PASSES -City will allow artist (15) Complimentary Tickets famished by City or honor La Familia Erterprises Complimentary Tickets and Employee ID Cards. City's Complimentary Tickets will be issued [o Artist's Road Manager upon arrival. At performances where Backstage Passes are requireA, minimum of (15) Passes will be issued to Artist's Road Manager, upon arrival. 5. BILLING -Little Joe & is Familia shall Lave headline billing in all advertisirrg, lights, displays, radio, marquees, programs and any and all other advertising and publicity media. Artist wilt have first priority on show time and staging. All promotion shall specify: GRAMMY A WARD WINNER -LITRE JOE & LA FAMILIA. 6. ADVIRTISING/PROMOTIONS -All inquiries regarding pubhcity and interviews (radio, television, or newspaper) contact Criselda Cruz 254-773-1775. 7. MERCHANDISING -Artist shall have the right [o sell t-shirts, caps, jackets, photographs, rd's, dud's, and other paraphernalia on the premises of the engagemem venue without any participation in the proceeds by City subject, however, to wncessionaire's requirements, if any. 8. CORPORATE SPONSORS -THE NAME LITTLE IOE & LA FAMILIA IS NOT TO BE ASSOCIATED WITH ANY BEER AND/OR TOBACCO PRODUCTS (BANNERS OR POSTERS) WITHOUT WRITTEN CONSENT OF ARTIST. 9. j~ENGTH OF PERFORMANCE - If there is a time delay, Artist shall nevertheless perform length specified on teens. J 0. SOUND & LIGHT SYSTEM -City agrees to famish a Sound & Light System in good working order at no charge to Artist unless otherwise specified. 10. In the event of riot, civil disorder, Acts of God, periods of national mourning, rebellions, bomb threats necessitating the cancellation of dre concert, or floods, tornadoes, hurricanes, or any other natural disaster which causes the area in which the concert site is located to be declared a national disaster area eligible for federal aid, City shall have the authority to cancel this engagement without further obligation between [he parties hereto. In the event of such non-performance far any of the reasoos stated in this paragraph, the monies (if any) advanced to ARTIST hereunder, shall be returned on a pro-rata basis. 12. In the event the Artist is unable to perform on the concert date due to sickness or illness, ARTIST shall have the right to cancel this contract provided that, prior to the commencement of such wncert, ARTIST furnishes City with a letter signed by a physician specifying the Artist's condition and the anticipated length of time of Artist's incapacity and stating that it is his professional opinion Artist is physically unable to carry out Artist's obligation hereunder. ARTIST shall refund to City any deposit previously paid in connection with said concert. ARTIST shall offer City a suitable date or dates which City shall have the option of selecting as a `brake-up" date or dates. If City agrees to make-up date(s) ARTIST shall retain deposits. 13. If a performance is prevented, rendered impossible or infeasible by any cause beyond the control of ARTIST, it is understood and agreed that there shall be no claim for damages by either party to this contract and ARTIST'S obligations as to such performances shall be deemed waived. Inclement weather rendering performance impossible or infeasible shall no[ be dcemed an emergency. In such case, payment shall be made on a percentage of performance basis if the performance is not completed. Tf City and ARTIST disagree as to whether rendition of perfomtance(s) is impossible or not feasible because of inclement weather, Artist's determination as to perforrnance shall prevail.