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Home My WebLink AboutHERENCIA MARIACHI ACADEMY INSURANCE NOT ON FILE N-2026-245 WORK MAY NOT PROCEED CITY CLERK DATE:SEF 0,L+10ru1,v�(67) B-Dvv�o (07) September 17,2026 Herencia Mariachi Academy("Speaker/Performer") 420 N.McKinley St. 111-428, Corona, CA 92879 Re: Speaker/Performer Engagement Agreement 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: Mariachi performance. See Exhibit A for more details. 2. Date(s): October 24"', 2026 3. Event Time(s):TBD,between the hours of 10:00AM— 1:00PM 4. Location: 26 Civic Center Plaza, Santa Ana Ca. 92701, Santa Ana("Property") 5. Compensation: Not to exceed $600.00 (payable by check within 30 calendar days of event); Speaker/Performer must provide IRS form W-9 before payment can be made 6. Equipment provided by City: Library will provide performance space, tables,and chairs. 7. Equipment provided by Speaker/Performer:All equipment,materials, and personnel necessary to perform. 8. City Contact Person(for coordinating purposes only):Patty Lopez—Principal Librarian 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, a joint 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. II. Release: Speaker/Performer accepts the Property and any 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 sue,City, its elected officials,officers,employees,agents and volunteers,and all persons acting on behalf of,by, through or under each of them, under any present or future laws, 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. Insurance Requirements attached hereto as Exhibit B. Letter Agreement—Herencia Mariachi Academy Page 2. 13. The City shall have the right and royalty-free license to simulcast or produce and show a tape-delayed broadcast of Speaker/Performer's presentation to the City community or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Perfonner. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 14. 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 attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws. 15. Speaker/Perfortner 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. 16. 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. 17, This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. ATTEST: CITY OF SANTA AN. 0 L. L ,0 4t', VARO NUNEZ City Cler City Manager APPROVED AS TO FORM: SPEAKERIPERFORAWR W N PU By: Eddie Nanez(Sep 17.202614:44:61 PDT) JONATHAN T.MAR Z EDDIE NUNEZ Assistant City Attorney CEO RECOMMENDED FOR APPROVAL: BRIAN STERftERG Executive Director, Library Services Agency Letter Agreement--Herencia Mariachi Academy Page 3 Exhibit A SCOPE OF SERVICES VENDOR INFORMATION: Name: Herencia Mariachi Academy Address: 420 N.McKinley St. 11 I-428, Corona, CA 92879 Phone Number: 714 345-8740 Email Address: info @herenciarnariachiacademy.com EVENT: Santa Ana Public Library-Grand Reopening LOCATION: 26 Civic Center Plaza, Santa Ana, CA 92701 TERM: One-time event: Saturday, October 24, 2026 COMPENSATION: Not to exceed $600 DESCRIPTION: In honor of the grand reopening of the Main Library,the Library will host a Mariachi music performance featuring Herencia Mariachi Academy.The band will play for 40 minutes.The performance will be held in person and hosted by Patty Lopez,Principal Librarian overseeing Adult Services at the Santa Ana Public Library.The event is free and open to the public. The City will be responsible for setting up the space for the patrons attending and advertising the program.The City will also be responsible for getting sound equipment for the performance.The vendor will be responsible for providing the instruments and the personnel to perform the service. City Staff will be present at all times during the services. Letter Agreement—Herencia Mariachi Academy Page 4 Exhibit B INSURNACE REQUIREMENTS Speaker/Performer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products and materials supplied to City.Total cost of such insurance shall be borne by Speaker/Performer. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability(CGL): coverage shall be at least as broad as Insurance Services Form CG 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 and$2,000,000 aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana Attention: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 Santa Ana, CA 92701 The name and location of project or event must be included in the Description of Operations section of each certificate. Verification of Coverage Speaker/Performer shall furnish City with original Certificates of insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL 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 Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Special Events Coverage Special events coverage is available and can be purchased by Permittee. Use this link to learn more: https://www.theeventhelper.com#ynulp2. Special Risks or Circumstances City reserves the right to modify these requirements at any time, including limits,based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. Herencia Marlachi Academy Agreement LIB Final Audit Report 2026-09-17 Created: 2026-09-17 By: Dylan Dario(ddario a@santa-ana.org) Status: Signed Transaction 1D: CBJCHBCAABAAo-sp39yJYG_e_AW5R30hAz4L3LD_eKV "Herencia Mariachi Academy Agreement LIB" History t Document created by Dylan Dario (ddario@santa-ana.org) 2026-09-17-8:25:32 PM GMT Document emailed to Eddie Nunez (info@herenciamariachiacademy.com)for signature 2026-09-17-8:25:38 PM GMT Email viewed by Eddie Nunez(info@herenciamariachiacademy.com) 2026-09-17-8:26:07 PM GMT p Document e-signed by Eddie Nunez(info@herenciamariachiacademy.com) Signature Date:2026-09-17-9:44:01 PM GMT-Time Source:server-Signature Appearance Selected:TYPE Q Agreement completed. 2026-09-17-9:44:01 PM GMT Adobe Acrobat Sign