Item 13 - Agreement with Volcan Advertising & Entertainment for Music Entertainment at the Fiestas Patrias Event

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d. Contractor shall provide a performance by musical artist Banda Los Sebastianes ("Artist" or collectively as "Artists"), as further detailed in Exhibit D, for the City's Fiestas Patrias Event on September 17, 2023. Contractor shall ensure that Banda Los Sebastianes provides a sixty (60) minute live musical performance, beginning at or around 8:00 p.m. PST at the location specified, in writing, by City staff. Contractor must provide song list of family friendly, clean edit songs with lyrics to be approved by the City of Santa Ana prior to performance. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, including all travel expenses and performances by Artists, the rates and charges identified in Exhibits A, B, C, and D. The total amount to be expended under this Agreement shall not exceed One -Hundred Twenty -Two Thousand Dollars and Zero Cents ($122,000). b. Union fees, manager and/or agent commissions, and insurance obligations are part of the cost of production and City shall not be liable or responsible for any such payments under this Agreement. Contractor will be responsible for paying the Artists procured pursuant to this Agreement directly and will be responsible for compliance with all applicable wage and hour laws, tax withholding, and any other applicable laws. Contractor agrees to indemnify, hold harmless, and defend the City, its officials, employees, agents and volunteers from any claim or lawsuit wherein it is alleged that Artist(s) retained pursuant to this Agreement were not paid; not paid what was owed; or any wage, hour or tax obligation which is alleged to have resulted pursuant to this Agreement. d. Payment of deposit for Marilyn Odessa of Six Thousand Dollars and Zero Cents ($6,000) shall be processed upon execution of Agreement and receipt of an invoice by the City, subject to City accounting procedures. Payment of deposit for Kumbia All Starz performance of Twenty -Three Thousand, Five Hundred Dollars and Zero Cents ($23,500) shall be processed upon execution of Agreement and receipt of an invoice by the City, subject to City accounting procedures. £ Payment of deposit for Graciela Beltran performance of Seven Thousand, Five Hundred Dollars and Zero Cents ($7,500) shall be processed upon execution of Agreement and receipt of an invoice by the City, subject to City accounting procedures. g. Payment of deposit for Banda Los Sebastianes performance of Twenty -Four Thousand Dollars and Zero Cents ($24,000) shall be processed upon execution of Page 2of11