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HomeMy WebLinkAboutHERNANDEZ PRODUCTIONS 2AGREEMENT TERMINATION E HAV Please complete this form when the attached agreement is no longeem of M. 02 Return form to the Sr. Deputy Clerk of the Council (M 30).r Call 6.7, 23$ if u have any questions. -" The agreement with �eryuAdel !- �mc.LIJ 0rLS No.%A'o�UO�- O7I was completed on 2I �S[ ,and fmal payment has been made. Department F W a R Signature:—i P�j�yi�(w��l/T Date: ✓ / %' M City of Santa Ana Revised 8-7-03 Clerk of the Council MURANCI. N01 81.QUIRLD WORK MAY PROCEED CLERK OF COUNCIL DATE; 5- 3-04 C. PRC.s ., to zarj tie) A-2004-071 AGREEMENT FOR PROVISION OF MUSICAL SERVICES AT THE SANTA ANA MOTHER'S DAY EVENT THIS AGREEMENT, made and entered into this // day of May, 2004, 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 Hernandez Productions, hereinafter referred to as "BOOKING AGENT" and/or "PRODUCER". TERMS AND CONDITIONS 1. DESCRIPTION OF RESPONSIBILITIES BOOKING AGENT/PRODUCER shall make available the Grammy nominated Mariachi Sol de Mexico, America's first all female Mariachi Reyna de Los Angeles and Ballet Folklorico and a lariat to provide musical entertainment (said "Event") and Booking Agent shall also act as "producer" of the Event including coordination of all rehearsals and production numbers, providing a back stage manager and stage design. Requirements of Booking Agent/Producer are more specifically set forth in Exhibit A to this agreement (Attached hereto and incorporated herein by reference) at the Santa Ana Stadium in the city of Santa Ana (venue) on May 8, 2004, for the Santa Ana "Mothers Day Event". City of Santa Ana shall provide those requirements as set Forth in Exhibit B to this Agreement. 2. TIME FOR COMPLETION The services to be performed pursuant to this Agreement shall be performed on Saturday, May 8, 2004, for the Santa Ana "Mothers Day Event". 3. COMPENSATION CITY agrees to pay, and BOOKING AGENT agrees to accept for said services a total sum in an amount not to exceed Twenty five thousand ($25,000.00) for all hours worked, travel and expenses. Payment shall issue from CITY to BOOKING AGENT after 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 Agent/Producer in the field, including Booking Agent/Producer substituting any one or more of the acts listed above and/or in Exhibit A. 1 4. INDEPENDENT CONTRACTOR BOOKING AGENT is an independent CONTRACTOR and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees or subcontractors of BOOKING AGENT and not employees of the CITY. BOOKING AGENT 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. S. MISCELLANEOUS PROVISIONS A. BOOKING AGENT 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. BOOKING AGENT will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. BOOKING AGENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: 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. CONFLICT OF INTEREST CLAUSE Booking Agent covenants that it presently has no interests and shall not have interests, direct or indirect, who would conflict in any manner with performance of services specified under this Agreement. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: 2 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: and, 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 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Booking Agent: Hernandez Productions 1648 Tyler Ave Suite A E1 Monte, CA 91733 Attn: Yolanda Hernandez A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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 3 machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Booking Agent, 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 Booking Agent. 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 Booking Agent 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. 9. DISCRIMINATION Booking Agent 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. Booking Agent affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 0 11. HOLD HARMLESS CLAUSE Booking Agent agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Booking Agent 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, including any claims made by artist or representatives of artist that the City has violated any copyright law(s) relief is due by reason of the terms of or effects arising from this Agreement. 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. The Booking Agent 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises 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. 12. BREACH Inasmuch as this Agreement is intended to secure the specialized services of Mariachi Sol de Mexico, Mariachi Reyna de Los Angeles and Ballet Folkloric, failure of any of the groups 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. 13. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of BOOKING AGENT, BOOKING AGENT 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 5 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 Booking Agents retained by CITY. 14. COMPLIANCE WITH COPYWRITE LAWS Booking Agent understands that the songs used by its performers may be copywritten 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 any such agreement and any applicable law or regulation, if any. 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. BOOKING AGENT shall defend, indemnify and save harmless CITY, its officers, agents, volunteers and employees, against any and all damages from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of federal copywrite laws and/or regulations or by any one whomsoever, in any way resulting from or arising out of BOOKING AGENT'S acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of BOOKING AGENT or its subcontractors. 15. LICENSES Booking Agent 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. Booking Agent shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA, a municipal corporation of the State of California E PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. LE HER City Attorney APPROVED AS TO CONTENT JO RIP" RIBBLE Executive Director DAVID N. REAM City Manager BOOKING AGENT By: Title: Tax ID#/S # 95 - `f6GG`fS5 Parks, Recreation & Community Services Agency 7 Exhibit A Hernandez Productions will provide Mariachi Sol de Mexico production numbers for a minimum of 45 minutes. Hernandez Productions will provide a Lariat to provide rope tricks during a portion of the performance by Mariachi Sol de Mexico. Hernandez Productions will provide Mariachi Reyna de Los Angeles for production numbers for a minimum of 35 minutes. Hernandez Productions will provide a dance performance by Pacifico Dance Company for a minimum of 20 minutes. Hernandez Productions will produce the entire show, coordinate rehearsals and production numbers.