HomeMy WebLinkAbout25E - AGMT - FIESTAS ENTERTAINMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 5, 2016
TITLE:
AGREEMENT WITH BOBBY NAVA
ENTERTAINMENT FOR ENTERTAINMENT
SERVICES FOR FIESTAS SANTA ANA
(STRATEGIC PLAN NO. 5, 5C)
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RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
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❑ As Recommended
® As Amended
® Ordinance on I" Reading
[I Ordinance on 2nd Reading
® Implementing Resolution
n Set Public Hearing For
CONTINUED TO
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Authorize the City Manager and Clerk of the Council to execute an agreement with Bobby Nava
Advertising and Entertainment Agency for entertainment services for Fiestas Santa Ana in the
amount of $36,000, for a beginning July 5, 2016 through September 30, 2016, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Fiestas Santa Ana event has been a positive event for the downtown businesses and
surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents, but
also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Santa
Ana through a safe family friendly event to include: live entertainment, food booths, informational
booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day
weekend. The 38th Annual Fiestas Santa Ana will take place on September 10 — September 11,
2016.
In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community
Services Agency (PRCSA) recommended that the City host Fiestas Santa Ana and act as Event
Manager. The Event Manager will be responsible for providing all the necessary equipment,
stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event.
City staff has been working to bring together all the elements necessary to operate a successful
event. As part of managing the event and in an effort to retain A -list talent, city staff is requesting
an agreement with Bobby Nava to retain event performers for the event. The City expects that the
inclusion of A -list talent will draw additional people to the City of Santa Ana for the event. Staff
reached out to Bobby Nava Entertainment and the firm was able to secure Banda Machos and Ana
Barbara to perform at the 2016 Fiestas Santa Ana event.
25E -1
Agreement with Bobby Nava Entertainment
Services for Fiestas Santa Ana
July 5, 2016
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement
& Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C
(Promote arts and culture by partnering with artists groups and merchants to hold events
celebrating art in public plaza, parks and other City - controlled open Space).
FISCAL IMPACT
Funds in the amount of $36,000 are available in the FY 2016 -2017 Recreation Community
Services, Contract Services- Professional account (no. 01113230 62300).
Gerardo Mouet
Executive Direct
Parks, Recreatio and Community
Services Agency
EXHIBIT: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNT:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
25E -2
CONSULTANT AGREEMENT WITH BOBBY NAVA
ADVERTISING AND ENTERTAINMENT AGENCY FOR FIESTAS 2016
THIS AGREEMENT is made and entered into this 27`x' day of June, 2016 by and
between Bobby Nava Advertising and Entertainment Agency, a sole proprietorship
( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing advertising and entertainment services for its annual Fiestas Santa Ana event.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide advertising and entertainment services for the Fiestas Santa Ana
( "Event ") to be held in downtown Santa Ana with performers on Saturday, September 10, 2016
and Sunday, September 11, 2016. The names of the performers (Ana Barbara and Banda
Machos) and timeframes for their performances are set forth in the Consultant's schedule,
attached hereto and incorporated herein as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed Thirty -Six Thousand Dollars ($36,000) during the term of this
Agreement. This stun shall be payable on the schedule described in Section 2.b.
b, City shall pay the amount of $18,000 no later than July 8, 2016. City shall further pay
(1) the amount of $10,500 at the conclusion of the performance by Ana Barbara and (2) the
amount of $7,500 at the conclusion of the performance by Banda Machos.
c. The amounts due at the conclusion of each performance shall not be paid if the
Consultant fails to provide that performance, in which event Consultant shall also refund all prior
payments made by the City to Consultant under this Agreement.
EXHIBIT 1
25E -3
3. TERM
This Agreement shall commence on the date stated above and terminate on September
30, 2016, unless terminated earlier in accordance with Section 12, below.
4. INDEPENDENT CONTRACTOR
Consultant 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- employce relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standard's and regulations governing such services. Consultant 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.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for
owned, hired and non -owned automobiles,
c. Worker's Compensation Insurance. In accordance with California State Law,
Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance, Prior to conunencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
EXHIBIT 1
25E -4
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement,
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement,
to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
caused by the negligence of the Consultant. This indemnity and hold harmless 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. City may make all reasonable decisions
with respect to its representation in any legal proceeding. In no case will Consultant be required
to indemnify or hold harmless the City from injury, damages, just compensation, restitution,
judicial or equitable relief caused by the negligence of the City.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
EXHIBIT 1
25E -5
through no fault of the Consultant, disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant 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.
9. 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 facsimile 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
Facsimile: 714 -647 -6956
Copies to:
Executive Director of Parks, Recreation and Commi pity Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 571 -4211
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile: 714- 647 -6515
To Consultant: Bobby Nava Advertising & Entertainment Agency
Attn: Bobby Nava
4959 Palo Verde St., Bldg. 203B, Montclair CA 91763
Mailing Address: P.O. Box 828, Pomona, CA 91769
Phone: 909 -629 -5252/ FAX: 909- 629 -1818
A party 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 seat by mail,
EXHIBIT 1
25E -6
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 facsimile, 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.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, regarding the subject matter herein, 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 Consultant. The parties agree that any terns 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 Consultant 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.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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 consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
13. NON - DISCRIMINATION
Consultant 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 or in any activities wider this Agreement. Consultant affirms
that it is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
14. 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 further
EXHIBIT 1
25E -7
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.
15, PROFESSIONAL LICENSES
Consultant 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. Consultant 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 termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herembelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HIIIZAR
Clerk of the Council
APPROVED AS TO FORM:
TN M. FUNK
ssrstant City Attorney
RECOMMENDED FOR APPROVAL:
N
:I[ITS S
Executive Director Parks, Recreation
& Community Services Agency
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONSULTANT
Name:
Title:
EXHIBIT 1
25E -8
EXHIBIT A
Page 1 of 2
Talent Contract
Bobby Nava Advertising Is booking Ana for the
City of Santa Ana, Performance will take place
on 4th St, Downtown Santa Ana, CA
Fiestas Patrias Santa Ana 2016
Date: Saturday September 10, 2016 from
8 :00pm- 9:00pm
60% Deposit must be made no later than July
8th, 2016. Remaining balance due on the date
Talent Contract
Bobby Nava Advertising Is booking panda
Machos for the City of Santa Ann, Performance
will taka place on 4th St. Downtown Santa Ana,
CA
Fiestas Patrias Santa Ana 2016
Date: Sunday September 11th, 2016 from
7 :00pm -HOpm
50% Deposit must be made no later than July
8th, 2016. Remainirg balance due on the date
of Performance
I 21,000.00 21,000.00
1 15,000.00 16,000.00
EXHIBIT 1
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DNA Advertising
4959 Palo Verde St. Ste 203 -B
Montclair, CA 91763
(909)829 -6282
bobbynava @aol,com
Talent Contract
Bobby Nava Advertising Is booking Ana for the
City of Santa Ana, Performance will take place
on 4th St, Downtown Santa Ana, CA
Fiestas Patrias Santa Ana 2016
Date: Saturday September 10, 2016 from
8 :00pm- 9:00pm
60% Deposit must be made no later than July
8th, 2016. Remaining balance due on the date
Talent Contract
Bobby Nava Advertising Is booking panda
Machos for the City of Santa Ann, Performance
will taka place on 4th St. Downtown Santa Ana,
CA
Fiestas Patrias Santa Ana 2016
Date: Sunday September 11th, 2016 from
7 :00pm -HOpm
50% Deposit must be made no later than July
8th, 2016. Remainirg balance due on the date
of Performance
I 21,000.00 21,000.00
1 15,000.00 16,000.00
EXHIBIT 1
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Page 2 of
EXHIBIT 1
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