HomeMy WebLinkAboutWORLDWIDE SPECTACULARS INC, DBA PAGEANTRY PRODUCTIONS 1-2010 City of Santa Ana
.' Clerk of the Council COTC Office Use Only
*-" AGREEMENT TERMINATION FORM
299 VC -2 M $7
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect. CITY OF SANTA ANA
Note: If your agreement is grant related,please ensure that all grant retention requiremeelLERK OF COUNCIL
have been satisfied prior to signing the termination form.
Is the agreement(s)a permanent record?Yes I I No ri
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with Worldwide Spectaculars INC DBA Pageantry Productions
No. N-2010-085 was completed on 12/31/2011 and final payment has been made.
(List all amendments. Use space below if needed.)
Department: City Manager's Office
Phone/Ext.: 714-647-5200
Signature: laYn`— -= 1151),4
Date: 07/30/2019
Revised:10-18-16
INSURANCE ON FILE
WORK MAY PROCEED WC required if consultant N-2010-085
UNTIL INSURANCE EXPIRES has employees.
C ° ~ -//-off O rr~v~Yed -1+ -
CLERK OF COUNCIL
AGREEMENT WITH WORLDWIDE SPECTACULARS INC TO PRODUCE
DATE: 9-/-->-/'C) THE 2010 SEPTEMBER MEXICAN BICENNTENNIALDOWNTOWN PARADE
Cc Wt I "r-QNY
This Agreement is entered into on May 1, 2010, 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, ( "City") and Worldwide Spectaculars Inc, a California Corporation, dba Pageantry
Productions (hereinafter referred to as "Parade Producer").
RECITALS
A. The City desired to retain one or more firms having special skill and knowledge in the field
of organization and production of parade in order to plan and produce the 2010 September
Mexican Bicentennial Parade (hereinafter "Parade") for the City.
B. Parade Producer represents that it has produced similar parades and that it is able and willing
to provide such services to the City.
C. The, City has also contracted with CCC, Inc., and Velazquez Publishing Inc, (the Event
Producers) to serve as joint producers of the larger festival of which the parade shall be a
part.
D. In undertaking the performance of this Agreement, Parade Producer represents that it is
knowledgeable in its field and that any services performed by Parade Producer under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional Parade Producer in the field.
1. SCOPE OF WORK
Parade Producer shall, produce said Parade on Sunday, September 19, 2010., in the downtown
area of the City of Santa Ana in accordance with the Scope of Work set forth in Exhibit A, attached
hereto and incorporated herein by this reference (the "Scope of Work").
2. TERM.
This Agreement shall begin April 5, 2010 and terminate the earlier of completion of all
accounting for expenses, but no later than December 31, 2010.
3. CONSIDERATION.
In consideration for the rights granted hereunder, City agrees to pay Parade Producer
$14,640.00, as set forth in Exhibit A
4. LIMITATION OF LIABILITY
Without limiting any express financial or liability provisions provided for in this Agreement,
City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or
putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in
connection with this Agreement under any theory of tort, contract, warranty, strict liability or
negligence.
The foregoing limitation applies to all causes of action and claims, including but not limited
to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further
understood and agreed that City shall not be responsible for any loss or damage caused by PARADE
1
PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be
direct or indirect, proximate or remote.
5. INDEPENDENT CONTRACTOR
Parade Producer is an independent CONTRACTOR and not an employee of City and all of
CONTRACTOR'S personnel shall be employees or subcontractors of Parade Producer and not
employees of the City. Parade Producer 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.
6. MISCELLANEOUS PROVISIONS
a. Parade Producer 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. Parade Producer will not discriminate against any employee, or applicant for
employment, because of race, color, religion, sex, marital status, or national origin. Parade Producer
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 ten (10) days written notice of
termination.
7. INDEMNIFICATION AND HOLD HARMLESS CLAUSE
Parade Producer 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 Parade
Producer 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.
8. INSURANCE
Prior to undertaking performance of work under this Agreement, Parade Producer shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Parade Producer shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and 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 Parade Producer's operations in the performance of this
2
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.
Parade Producer shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be
approved in form by the City Attorney.
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 the provisions of Section 3300 of
the Labor Code, Parade Producer, if Parade Producer 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, Parade Producer agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Parade Producer is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Parade Producer
pursuant to this section:
(i) Parade Producer 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 form by the City Attorney.
(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.
f. If Parade Producer 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 Parade Producer's right to be paid for its time and
materials expended prior to notification of termination. Parade Producer waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
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 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
3
20 Civic Center Plaza (1\4-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (1\4-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Parade Producer:
Worldwide Spectaculars
15323 GARFIEI-D AVE
PARAMOUNT CA 91723
telefacsimile (562) 531-0966
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 machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
10. CONTRACT ADMINISTRATOR
The City Manager or his designee, shall be City's Contract Administrator for this Agreement
and all approval and notices required to be given herein shall be so directed and addressed.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Parade
Producer, 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 Parade Producer. 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 Parade Producer or 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 that are not
embodied herein.
12. NON-DISCRIMINATION
Parade Producer 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
4
employment related activities. Parade Producer affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
13. 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.
14. CONFLICT OF INTEREST CLAUSE
Parade Producer 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.
15. BREACH
Inasmuch as this Agreement is intended to secure the specialized services of the Parade
Producer, failure by Parade Producer to perform the Scope of Work 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.
16. NON-ASSIGNABILITY
Inasmuch as this Agreement is intended to secure the specialized services of Parade Producer,
Parade Producer 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 Parade Producers retained by City.
17. COMPLIANCE WITH COPYRIGHT LAWS
Parade Producer 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.
Parade Producer 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 copyright laws and/or regulations or by any one whomsoever, in any way resulting from or
arising out of Parade Producer's acts or omissions in connection with this Agreement, including acts
or omissions of subcontractors and acts or omissions of employees or agents of Parade Producer or its
subcontractors.
18. LICENSES
Parade Producer 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
5
Santa Ana and all other governmental agencies. Parade Producer 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
MARIA D. HUIZAI DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
J SEPH W.FEETC R
City Attorney
PARADE PRODUCER
Worldwide Spectaculars dba Pageantry
Productions
Debr Harn
Title:
Tax ID No.
6
Exhibit A
Scope of Work
Parade Producer shall assist the City of Santa Ana in producing the Fiestas Patrias Bicentennial
Parade on Sunday, September 19, 2010.
1. Parade Producer shall provide or do the following:
Entries for the day ofparade using its most up-to-date mailing
One Grand Marshal's Plaque
F.M. communications for day of parade
All necessary participant vehicle passes
All necessary unit numbers with pins for day of parade
Staff for parade check-in, formation and parade starter
A Pageantry representative to attend all necessary parade meetings
Copy for printing of one color parade applications
Postage for mailing of applications, letters of acceptance and non-acceptance
Provide Parade date / time information on Pageantry Productions website
Participant applications available on Pageantry Productions website
Mail all applications
Process all returned applications
Prepare and mail all letters of acceptance, non-acceptance, parade maps and passes
Answer all calls to the Pageantry office from participants, and local agencies
Formulate the parade line-up
Write the parade script and provide up to 2 copies for day of parade
Provide necessary line-ups and maps for day ofparade
Provide necessary division line up signs for the formation area
Obtain all city permits, with the help & assistance of the committee
II. City shall provide or do the following:
Parade hosting for dignitaries
Portable restrooms in the formation, disbanding and reviewing areas
Distribute applications to local entries
Distribute all press releases to local media
Act as liaison between local service clubs, businesses, city agencies and Pageantry
Assist in clearing all necessary permits
Acquire the Parade Grand Marshal
Arrange for adequate reviewing stand with electrical power, tables and chairs for day of parade
Supply additional staff manpower for day of parade
Arrange for parade announcers
Arrange and carry necessary insurance
Coordinate for the formation, parade route and disbanding areas to be posted with "no parking" signs
III. Compensation
TOTAL COORDINATING SERVICES 8,500.00
COSTS
Printing of Parade Applications $ 300.00 plus tax
Postage $ 380.00
7
TOTAL $ 9,209.25
Additional Budget Items:
VIP Convertibles ..................................................................$75.00 (maximum 10
convertibles)
Signs for Dignitaries $ 18.00 per set plus tax
Band Assistance $ 4,000.00 (to be used as
necessary)
Certificate of Insurance $ 250.00
PAYMENT IN FULL ONE WEEK PRIOR, FRIDAY, SEPTEMBER 5, 2010
8
ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO YYYY)
06/30/2010
PRODUCER 562.869. 5351 FAX 562.869.3952 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Don Dixon & Associates Ins., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Box 5126 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
7~~ SEP 13 AN A R THE COVERAGE AFFORDED BY THE POLICIES BELOW.
8141 E Znd Street, Ste 630
Downey, CA 90241-8126 INSURERS AFFORDING COVERAGE NAIC #
INSURED Pageantry Productions, Inc.I Scottsdale Insurance 10672
15323 Garfield CLEF-,': RB_: _Mercury y Casualt Co
mpany 11908
Paramount, CA 90723 N, C2010 I O ~ ` INSURER C-
W INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -
INSR POLICY E FECTIVE UCY PIRATIO
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDD/YYYY DATE MM/DD LIMITS
GENERAL UABiuTY CPS1159020 05/11/2010 OS/11/2011 EACH OCCURRENCE $ _ 1,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea oc~vrrencs $ 100.000
L
CAIMS MADE X I ) OCCUR I MED EXP (Any one person) S 5.000
A PERSONAL & ADV INJURY $ 1 , OOO , OO
GENERAL AGGREGATE $ 2'000, oO
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP ACC $ 2,000,000
POLICY PRO-
JECT LOC
AUTOMOBILE LIABIIJTY CCA0016347 05/24/2010 05/24/2011 COMBINED SINGLE LIMIT
X ANY AUTO (Ee eccidenl) $ 1,000,000
ALL OWNED AUTOS -
SCHEDULED AUTOS BODILY INJURY $
B (Per person)
X HIRED AUTOS
X AUTOS BODILY INJURY
NON-OWNED
(Per $
BODILY PROPERTY D AG
AME $
(Per PERT nl)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION- $
AND
WORKE COMPENSATION
AN EMPLOYERS' LIABILITY / N TORY LIMITS ER
ANY PROPRIETOR/PARTN ER/EXECUTIVE=
OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $
(Mandatory in NH)
E-L- DISEASE - EA EMPLOYEE $
1f yBS, d69 Q11Je YndBr
SPECIAL PROVISIONS -i E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
arade date Sunday, September 19, 2010
egarding Desfile del Bicentenario del Condado de Orange
a 10 day for non payment of premium
Teresa Ji d
9e~uy City Attorney
CERTIFICATE HOLDER CANCELLATION /
SHOULD ANY OF THE ABO DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUI G INSURER WILL ENDEAVOR TO MAIL 30t DAYS WRITTEN
NOTICE TO THE CE RTIFICA E HOLDER NAYAED TO THE LEFT. BUT FAILURE TO DO SO SHALL
The City of Santa Ana IMPOSE.10 OBLIGATION Of{ LIABILITY,0Z2ANY KIND UPON THE INSURER, ITS AGENTS OR
Attention: Mike McCoy SE yTAT
60 Civic Center Plaza A VII R / E ES Ivy
Santa Ana, CA 92701 Mia r~ Qr,=
ACORD 25 (2009/01) FAX- 714.493.4972 r 88-2 09 ACORD CORPORATION. All rights reserved-
The ACORD name and logo are registered marks of ACORD
ADDITIONAL INSURED ENDORSEMENT
FOR CONMIERCIAL GENERAL LIABILITY POLICY
Insurance Company. Scottsdale Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# CPS 1159020 relating to the following:
L The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2_ With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective 5/11/2010 this endorsement form as a part of
Policy # CPS 1159020
Issued to Pageantry Productions Inc
Named Insured
Countersigned by r C
thori R esentative
A OVED AS TO FORM
8/16/2010 Teresa laadd
.ge<,..ty City Attorney
S S -i-