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HomeMy WebLinkAboutBOBBY NAVA ADVERTISING & ENTERTAINMENT AGENCY (3)-2016City of Santa Ana t Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with No. l 3C�1(r �1Sf and final payment has been made. Revised 07-23-07 , C '� was completed on q I3Q I� Department: PRCieh Phone/Ext.: CiT of Santa Ana /.'.'jn 02 Z42 �a:1 C: rk of the Council Signature: AA Date: b'201 C( nii1-UKANCE %CY ON FILE WORK MAY 01 PROCEED CLERK OF COUNCIL DATE: JUL 2 1. 2016 CONSULTANT AGREEMENT WITH BOBBY NAVA ADVERTISING AND ENTERTAINMENT AGENCY FOR FIESTAS 2016 THIS AGREEMENT is made and entered into this 27th 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). ITiDTJT.1i� A-2016-178 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 bo 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 £allows: 1. 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 sum 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 whicb event Consultant shall also refund all prior payments made by the City to Consultant under this Agreement. 8. 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 -employee 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 standards 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. S. 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 commencing 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: (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 fom-i 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 I 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 terns 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 ei tier 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, through no fault of the Consultant, disclosed in a publicly available source; (c) is in rightfiil possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) 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 mamrer 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 Community Services City of Santa. Ana 20 Civic Center Plaza (Iv1-23) P.O. Box 1988 Santa Ana, California 92702 Fax (71.4) 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 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 me, 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 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 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 under 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 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. 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 terminationof this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns 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 faith 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. HUIZARft Clerk of the Council APPROVED AS TO FORM: N M. FUNI{ Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID AVAZOS City Manager SULTANT me- vq Title: I at F14tt li+Will Pago 1 of 2 BNA Advertising + P 4959 Palo Verde St. Ste 203-8 Montclair, CA 91763 (909)629-5252 bobbynava@aol,com BILL TO City of Santa Ana 20 Civic Center Plaza P.©,Box1988 Santa Ana, California 92702 us INVOICE 1230 r)A, M UG} 4Yf31C "fCCiMF hintrfJ Talent Contract 1 21,000.00 21,000.00 Bobby Nava Advertisingg Is booking Ana for the City of Santa Ana, Pe%rmanca will take place on 4th St, Downtown Santa Ana, CA Fiestas Patries Santa Ana 2016 Date: Saturday September 10, 2016 from be made tic later than July o balance due on the date ant Contract by Nava Advertising Is booking Banda .,hos for the CIty of Santa Ans, Performance take place on 4th St. Downtown Santa Ana, Ana 2016 ber 11th, 2016 from out must be made no later than July Remaioing balance due on the date 1 15,000.00 15,000.00 bf+ ng•llconnect.intuit.00m/portal/modidelp(IfDoc/tetnpl.ate/printfiaana.hbnl 6/24/2016 Page 2 of 2 roan[ TRIE OOO.n(7 lrttps://Connect.intrait,conepoital/nodule/pdf!)oehumplate/Pr•intfranme.htini 6/24/2016