HomeMy WebLinkAboutMARTINEZ, HENRY dba SOUND APPEAL ENTERTAINMENTCity of Santa Ana
City Clerk
AGREEMENT TERMINATION FORM 1
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Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Is the agreement(s) a permanent record? Yes No
Return form to the City Clerk's Office (M-30).
Call 647-6520 if you have any questions.
The agreement with
No. N-2023-062 was completed on
(List all amendments. Use space below N needed.)
ilagreementsVormslform- agreement termination form_goidenrod.doc
City of Santa Ana
JUL 06 2023
City Clerk's Office
and final payment has been made.
Department:
Phone/Ext.: �{ Z
Signature:
Date:
SuMN"E ON RL7
:11OR,K MAY PROCEED
U1TII. INSURANCE EXPIRES
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CLERK OF COUNCIL
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MAR 2 4 1013
'
March 22, 2023
Henry Martinez dba Sound Appeal Entertainment ("Speaker/Performer")
13210 Harbor Blvd., Suite 129
Garden Grove, CA 92643
714-926-4822
Re: Speaker/Performer Engagement Agreement
N-2023-062
This letter represents your agreement with the City of Santa Ana ("City") as entered into on the above date for the
engagement described below:
1. Event Description: Henry Martinez dba Sound Appeal Entertainment will provide DJ/MC services for PRCSA, as
further detailed in Exhibit A. The performance will be held at the Spring Fest event on Saturday, March 25, 2023.
2. Date(s): Saturday, March 25, 2023.
3. Event Time(s): 10:00 a.m. — 1:00 p.m.
4. Location ("Property"): El Salvador Community Center, 1825 W. Civic Center Drive, Santa Ana, CA 92703
5. Compensation: Total amount not to exceed $725.00 under this Agreement (payable by check within 45 calendar
days of event, pursuant to City accounting procedures); Speaker/Performer must provide IRS form W-9 before
payment can be made
6. Provided by City: advertising the program and space for the event.
7. Provided by Speaker/Performer: All other equipment and materials necessary as further detailed in Exhibit A and
insurance requirements as further detailed in Exhibit B.
8. City Contact Person (for coordinating purposes only): William Sandoval x4258
9. Independent Contractor: Speaker/Performer 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, ajoint venture relationship, or to allow the City to exercise discretion
or control over the professional manner in which Speaker/Performer performs the services that are the subject matter
of this Agreement; however, the services to be provided by Speaker/Performer shall be provided in a manner
consistent with all applicable standards and regulations. Speaker/Performer 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.
10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify,
defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives
from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or
willful misconduct of Speaker/Performer, his or her agents, or employees.
Letter Agreement — Henry Martinez dba Sound Appeal Entertainment Page 2
Ill. Release: Speaker/Performer accepts the Property and may City -provided equipment used in connection with the
performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges
forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not
to suc, City, its elected officials, officers, employcei, agents and volunteers, and all persons acting on behalf of, by,
through or under each of them, under any present or future luws, statutes, or regulations for any claim or event
relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
12. The City shall have the right and royaky-free license to sinmlcam or produce and show a tape -delayed broadcast of
Speaker/Performer's presentation to the City community or general public, through wcbcast or any otter means.
This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of
Spcakcr/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such
recordings.
13. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be
required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or
damages, including anorey's fees, that may arise as a result of violation by Speaker/Performer of copyright laws.
14. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex. marital status, sexual
orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection
with any activities related to this Agreement.
15. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws
of the state of California. Both parties 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.
W This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding
the subject matter herein and supersedes any and ull otter agreements, oral or written, between the parties. This
Agreement may not he modified except by written instrument signed by the City and by an authorized representative
of Spcaker/Performer.
CITY OF SANTA ANA
=sue ---- -
Kristiuc Ridge
City Manager
ATTEST:
nuifer L.
r,
Community Services Agency
SPEAKER/P ORIIER
I car z dba Sound Appeal Entertainment
DJ/MC
APPROVED AS TO FORIM:
By:%`=:Y
Bkand—on Salvatierra
Deputy City Attorney
EXHIBIT A
Exhibit A
SCOPE OF SERVICES
VENDOR INFORMATION: Sound Appeal Entertainment
EVENT: Spring Fest
SERVICE DATE(S): March 25, 2023
COMPENSATION DUE TO THE VENDOR: Not to exceed $725 for the event.
DESCRIPTION:
Sound Appeal Entertainment will provide
• (2) QSC K12 12" 2-Way self powered speakers
• (2) Ultimate TS-10013 Lift Assist Tripod Hydraulic speaker stands
• (1) Pioneer DDJ-REV-7 Midi Controller
• (1) 4 ft. Lifetime fold out table
• (1) Sennheiser EW 100 G4-835-5 Wireless handheld microphone system
• (1) Mac 13" MacBook Pro laptop
• Unlimited / Variety of radio friendly music genres
• DJ / MC the event
• Set-up and tear down times included on quote given.
The Set-up/teardown—the vendor will set-up at 8:30am and tear down after 1:OOpm on the day
of the event.
Open Hours —Event will be held from 10:00am-1:OOpm.
The Vendor will be paid the fall amount of compensation, $725, the day of the event.
Please extend the agreement with this vendor through March 25, 2023.
EXHIBIT B
Exhibit B
Prior to undertaking performance of work under this Agreement, Speaker/Performer shall
procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the performance of the
work hereunder and the results of that work by the Speaker/Performer, their agents,
representatives, employees or subcontractors.
a. Minimum Scope and Limit of Insurance
Commercial General Liability (CGL): Insurance Services Office Form CO 00 01
covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less
than $1,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04)
or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Speaker/Performer has no owned autos, hired, (Code 8) and non -owned autos (Code
9), with a limit no less than $1,000,000 per accident for bodily injury and property
damage. (Not required if Speaker/Performer provides written verification it has
no vehicles.)
3, Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability insurance with limit of no less than $1,000,000 per accident
for bodily injury or disease. (Not required if Speaker/Performer provides written
verification it has no employees.)
4. Broader Coverage: if the Speaker/Performer maintains broader coverage and/or
higher limits than the minimums shown above, the City requires and shall be entitled
to the broader coverage and/or the higher limits maintained by the Speaker/Performer.
Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
b. Other Insurance Provisions
Additional Insured Status: The City, its officers, officials, employees, and volunteers
are to be covered as additional insureds on the CGL policy with respect to liability
arising outof work or operations performed by or on behalf of the Speaker/Per£ortner
including materials, parts, or equipment furnished in connectionwith such work or
operations, General liability coverage can be provided in the form of an endorsement
to the Speaker/Performer's insurance (at least as broad as ISO Form CG 20 10 1185 or
if notavailable, through the addition of both CG 2010, CG 20 26, CG 20 33, or CG 20
38; and CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Speaker/Performer's
insurance coverage shall be primary coverage at least as broad as ISO CO 20 0104 13
as respects the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the Speaker/Performer's insurance and shall not contribute with it,
Notice of Cancellation: Each insurance policy required above shall provide that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Speaker/Performer hereby grants to City a waiver of any right
to subrogation that any insurer of said Speaker/Performer may acquire against the City
by virtue of the payment of any loss under such insurance. Speaker/Performer agrees
to obtain any endorsement that maybe necessary to affect this waivero£ subrogation, but
this provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by
the City, The City may require the Speaker/Performer to purchase coverage with a
lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention, The policy language
shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. nest's rating of no less than A:VII,
unless otherwise acceptable to the City.
7, Claims Made Policies: If any of the required policies provide claims -made coverage:
The Retroactive Date must be shown, and must be before the date of the contract
or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for
at least five (S) years after completion of the contract of work.
iii. If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a Retroactive Date prior to the contract effective date,
the Speaker/Performer must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of work.
8. Verification of Coverage: Speaker/Performer shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or copies of
the applicable policy language effecting coverage requiredby this clause) and a copy of
the Declarations and Endorsement Page of the COL policy listing all policy
endorsements to City before work begins, However, failure to obtain the required
documents prior to the work beginning shall not waive the Speaker/Performer's
obligation to provide them,
The City reserves the right to require complete, certified copies of all required insurance
policies,inctuding endorsements required by these specifications, at any time.
9. Subcontractors: Speaker/Performer shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Speaker/Performer
shall ensure that City is an additional insured on insurance required from
subcontractors
10. Special Risks or Circumstances: City reserves the right to modify these requirements,
including limits, based on the nature of therisk, prior experience, insurer, coverage, or
other special circumstances.
Garcia, Stephanie
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Wednesday, March 22, 2023 9:28 AM
To: info@soundappealentertainment.com; Garcia, Stephanie
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Sound Appeal Entertainment
Name:
Project Spring Fest (Sound)
Number:
Project Spring Fest (Sound Appeal)
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME
DATE
Sound Appeal
AUTOMOBILE LIABILITY
WAIVER 03/25/2024
03/20/2023
Entertainment
COI Packet.pdf
Insurance Policy
GENERAL LIABILITY
PEVD092732 09/01/2023
03/21/2023
Documents-1 for
32523 Event.pdf
WORKERS COMPENSATION AND EMPLOYERS'
Sound Appeal
WAIVER 03/25/2024
03/20/2023
Entertainment
LIABILITY
COI Packet.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with