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HomeMy WebLinkAboutLa FAMILIA ENTERPRISES 1 0 / / 0 / } Q cn ( { j } e 0 ' - ) ) • \ \ \ ^ & i / E » c0 , % II I / 5Po \ 3 < { H v. F . / \ rt . 4 o & ycil En § : . ( \ + 1 [ : G 2 9 P./ ( } ilib E.1 -. _ , % 0 H / \ E5' / / 9 a \ i s j { . ƒ\ 2 � f \ / p 0 5' } « § 2m / . \ I . q\ / \ ( : J 3 ; ` -- . / g CD ci 9 /0 a.2,:/,',". : % N.' . INSURANCE NOT REQUIRED WORK M~Y PROCEED CLERK OF COUNCIL DATE! '1- /1-oG 0: ~c:> C.J.) {c:~ ... A-2006-080 AGREEMENT FOR PROVISION OF MUSICAL SERVICES AT THE SANTA ANA MOTHER'S DAY EVENT THIS AGREEMENT, made and entered into this 7th day of February, 2006, 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 La Familia Enterprises, a Texas corporation, hereinafter referred to as "AGENT". TERMS AND CONDITIONS I. DESCRIPTION OF RESPONSIBILITIES AGENT shall ensure that the Artists known as "Little Joe y La Familia" will provide musical entertainment, including a two-hour live performance of their act at the Mothers Day Celebration to be held at the Santa Ana Stadium, in the City of Santa Ana ("Venue") on May 13, 2006 (said "Event"), as further detailed in Exhibit A, attached hereto. 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. 2. TIME FOR COMPLETION The services to be performed pursuant to this Agreement shall be performed on Saturday, May 13,2006, for the Santa Ana "Mothers Day Celebration". 3. COMPENSATION CITY agrees to pay, and AGENT agrees to accept for said services a total sum in an amount not to exceed Sixteen thousand ($16,000.00) for all entertaimnent, hours worked, travel and expenses. Payment shall issue from CITY to 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 in the field. 4. INDEPENDENT CONTRACTOR AGENT is an independent CONTRACTOR and not an employee of CITY and all of AGENT'S personnel shall be employees or subcontractors of AGENT and not employees of the CITY. 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. 5. MISCELLANEOUS PROVISIONS A. AGENT covenants that it presently has no interest, and shall not have any interest, 1 direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. AGENT will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. 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 payor 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 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. 7. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: 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 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) 2 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Agent: La Familia Enterprises Attn: Ivan Hernandez 2903 S. General Bruce Drive Temple, Texas 76504 Telefacsimile (254) 773-4778 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 mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and 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 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 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 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. 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 3 This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed 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. 11. HOLD HARMLESS CLAUSE 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 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 relief, including any claims made by performers that the City has violated any copyright law(s), 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 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 Little Joe y La Familia, failure of the group 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 AGENT, 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 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 Agents retained by CITY. 4 14. COMPLIANCE WITH COPYWRlTE LAWS 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. 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 or nature, including, but not by way of limitation, violations of federal copywrite laws and/or regulations or by anyone whomsoever, in any way resulting from or arising out of 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 AGENT or its subcontractors. 15. LICENSES 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. Agent 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. II II II II II II II 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: bd~ PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA, a municipal corporation of the State of California ~~lv.~ -4 DAVIDN. REAM City Manager APPROVED AS TO FORM: ,,//~ .',/ .' ."... ~ f ro~~~;;^ .. F{~94R City Attorney By: Title: pIf '/f6tf.l!.,'+6&/r Tax ID#/SS#: 70-tSIJf3S-y 6 ADDITIONAL TERMS AND CONDITIONS I. REPRODUCTION IN AUDIONIDEO - The recording, reproduction, or transmission of Artist's performance is Prohibited absent consent of Artist and La Familia Enterprises. No video equipment or audio recorders will be allowed on premises. Still Photos/personal snapshots are acceptable. This is the responsibility of your gate personnel to now allow video cameras past the entrance. 2. CATERING - Requirements for catering consist of fresh fruit tray, fresh vegetable tray, seafood tray or baked fish and vegetables, 12-pack of Diet Cokes, one case of Coke Classic, cups and ice, napkins, plastic knives and forks to serve 154 persons. Or if you have basic catering and refreshments that are normally served to Artist to this will be acceptable. LA FAMILIA STRIVES TO BRING YOU A FIRST CLASS SHOW, IN DOING SO WE ASK YOU NOT TO PROVIDE ALCOHOLIC BEVERAGES TILL AFTER PERFORMANCE. 3. COMPLIMENTARY TICKETS AND BACKSTAGE PASSES - City will allow artist (15) Complimentary Tickets furnished by City or honor La Familia Enterprises Complimentary Tickets and Employee ID Cards. City's Complimentary Tickets will be issued to Artist's Road Manager upon arrival. At performances where Backstage Passes are required, minimum of (15 ) Passes will be issued to Artist's Road Manager, upon arrival. 4. BILLING - Little Joe & La Familia shall have headline billing in all advertising, lights, displays, radio, marquees, programs and any and all other advertising and publicity media. Artist will have first priority on show time and staging. All promotion shall specify: GRAMMY A WARD WINNER - LITTLE JOE & LA FAMILIA. 5. ADVERTISING/PROMOTIONS - All inquiries regarding publicity and interviews (radio, television, or newspaper) contact I van Hernandez 254-773-1775. 6. MERCHANDISING - Artist shall have the right to sell t-shirts, caps, jackets, photographs, records, and other paraphernalia on the premises of the place of engagement without any participation in the proceeds by City subject, however, to concessionaire's requirements, if any. 7. CORPORATE SPONSORS - THE NAME LITTLE JOE & LA FAMILIA IS NOT TO BE ASSOCIATED WITH ANY BEER AND/OR TOBACCO PRODUCTS (BANNERS OR POSTERS) WITHOUT WRITTEN CONSENT FROM OUR COMPANY. 8. LENGTH OF PERFORMANCE - If there is a time delay, Artist shall nevertheless perform length specified on terms. 9. SOUND & LIGHT SYSTEM - City agrees to furnish a Sound & Light System in good working order at no charge to Artist unless otherwise specified. 'i""',:'~< II. In the event of riot, civil disorder, Acts of G6d; periods of national mourning, rebellions, bomb threats necessitating the cancellation ofthe concert, or floods, tornadoes, hurricanes, or any other natural disaster which causes the area in which the concert site is located to be declared a national disaster area eligible for federal aid, City shall have the authority to cancel this engagement without further obligation between the parties hereto. In the event of such non-performance for any of the reasons stated in this paragraph, the monies (if any) advanced to Agent hereunder, shall be returned on a pro-rata basis. 12. In the event the Artist is unable to perform on the concert date due to sickness or illness, Agent shall have the right to cancel this contract provided that, prior to the commencement of such concert, Agent furnishes City with a letter signed by a physician specifying the Artist's condition and the anticipated length of time of Artist's incapacity and stating that it is his professional opinion Artist is physically unable to carry out Artist's obligation hereunder. Agent shall refund to City any deposit previously paid in connection with said concert. Agent shall offer City a suitable date or dates which City shall have the option of selecting as a "make-up" date or dates. If City agrees to make-up date(s) Agent shall retain deposits. 13. In the event of sickness or of accident to Artist, or if a performance is prevented, rendered impossible or infeasible by any cause beyond the control of Agent, it is understood and agreed that there shall be no claim for damages by either party to this contract and Agent's obligations as to such performances shall be deemed waived. Inclement weather rendering performance impossible or infeasible shall not be deemed an emergency and payment shall not be made if the performance is not completed. If City and Agent disagree as to whether rendition of performance(s) is impossible or not feasible because of inclement weather, City determination as to performance shall prevail.