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HomeMy WebLinkAboutAUDIO VIDEO DJS-2017City of Santa .R 1 Clerk of the Council coTc offic............... Usenly AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement al'U'l ,,O —6 amendments (if any) are no longer in effect. PH 4-- 21 Note: If your agreement is grant related, please ensure that all grant retention requirements CITY ©r- SAhTA have been satisfied prior to signing the termination form. C«R+', OF COLVLL Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. //�� The agreement with �0ej No. N-2017-001 was completed on .' and final payment has been made. (List all amendments. Use space below if needed.) Department: VWr-A Phone/Ext.: %ACA Signature: %rLhj7. Date: ��iZ iGY Revised: 10-18-16 INSURANCE NOT REQUIRED WORK 614y pRKFF0 �y� C1L Rl& J;` ,,DUNCl6_. ., JR1 17 201i O: PRCS (�) - PBIvia Cuevas ecember 20, 2016 Audio Video DJs ("Provider") 6002 Multer St. Bell Gardens, CA 90201 Re: Performer Engagement A reement N-2017-001 This letter represents your agreement with the City of Santa Ana ("City") as furnishing and representing the services of Performer below, as entered into on the above date for the engagement described below: 1. Services to be provided: Monthly DJ Services by "Audio Video DJs" ("Provider") for a minimum of 12 but no more than 14 DJ sessions. 2. Date(s): Term to be January 13, 2017 through December 31, 2017; specific dates to be mutually agreed upon by the parties. 3. Time(s): 11:00 a.m. to 1:30 p.m. 4. Location: Services will be provided at the Southwest Senior Center, located at 2201 W. McFadden Ave, Santa Ana, CA 92704 ("Property") 5. Compensation: $350 per event (payable by check on the day of the event) provided agreement is fully executed; Provider must provide IRS form W-9 before payment can be made. Total agreement amount NTE $4,900 (12 DJ Sessions $4,200 + 2 more DJ Sessions if needed $700). 6. Equipment provided by City: None 7. To be supplied by Provider: all equipment necessary, including without limitation sound technicians, DJs, speakers, laptop/music, table, microphone, headphone, and strobe light. 8. City Contact Person (for coordinating purposes only): Juan Lara 9. Independent Contractor: Provider and Performer shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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 Provider or Performer perform the services that are the subject matter of this Agreement; however, the services to be provided by Provider and Performer shall be provided in a manner consistent with all applicable standards and regulations. Provider and 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: Provider and Performer, or its agents or employees (if applicable) agree to and shall indemnity, 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 Provider or Performer, or its agents or employees. 11, Release: Provider and Performer accept the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Provider and Performer fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or nature against, and Page 2 covenant 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 Provider or Performer's use thereof. 12. Commercial General Liability Insurance. Provider and Performer shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives 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 their operations in the performance of this 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, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions. I3. Worker's Compensation Insurance. In accordance with the California Labor Code; Provider and Performer, if they have any employees, are required to be insured against liability for worker's compensation or to undertake self-insurance. 14. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of the performance 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 Performer. Copies of the performance may be maintained by the City, and Performer consents to use of such recordings. 15. 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. 16. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the Iaws 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 Provider (representing 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 bythe City and by an authorized representative of Provider or Performer. Please execute this letter to reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA DAVID CAVAZOS City Manager ATTE / MARIA DD,. F11J1LAR Clerk of the (:ounciT 00,71DER .�_.r. r� APPROVED AS TO FORM: By:.___ /ate Assistant City Attorney (Signatures continue on next page] Letter Agreement — Audio Video DJs Page 3 RECOMMENDED FOR APPROVAL: Gerardo Mouet, Executive Director, PRCSA N-2017-001 RANCE NOT RtqA,,ltREO R44,Y" WORK I 1 2017 December 20, 2016 Audio Video DJs ("Provider") 6002 Muller St. Bell Gardens, CA 90201 Re: Performer Engagement Agreement This letter represents your agreement with the City of Santa Ana ("City") as furnishing and representing the services of Performer below, as entered into on the above date for the engagement described below: Services to be provided: Monthly DJ Services by "Audio Video DJs" ("Provider") for a minimum of 12 but no rnore than 14 DJ sessions. 2, Date(s): Term to be January 13, 2017 through December 31, 2017; specific dates to be mutually agreed upon by the parties. Time(s): 11:00 a.m. to 130 p.m. 4. Location: Services will be provided at the Southwest Senior Center, located at 2201 W. McFadden Ave, Santa Ana, CA 92704 ("Property") Compensation: $350 per event (payable by check on the day of the event) provided agreement is fully executed; Provider must provide IRS form W-9 before payment can be made. Total agreement amount NTE $4,900 (12 DJ Sessions $4,200 + 2 more DJ Sessions if needed $700), 6. Equipment provided by City: None To be supplied by Provider: all equipment necessary, including without limitation sound technicians, Ws, speakers, laptop/music, table, microphone, headphone, and strobe light. & City Contact Person (for coordinating purposes only): Juan Lara 9. Independent Contractor: Provider and Performer shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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 Provider or Performer perform the services that are the subject matter of this Agreement; however, the services to be provided by Provider and Performer shall be provided in a manner consistent with all applicable standards and regulations, Provider and 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: Provider and Performer, or its agents or employees (if applicable) agree 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 Provider or Performer, or its agents or employees. 11, Release: Provider and Performer accept the Property and any City -provided equipment used in connection with the performance in their "as -is" condition, with all faults. Provider and Performer fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any kind or nature against, and Page 2 covenant 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 Provider or Performer's use thereof. 12. Commercial General Liability Insurance.. Provider and Performer shall maintain commercial geners.l liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection againstclaims arising from bodily and personal injury, including death, resulting therefrom and damage to property,. resulting from any act or.occurrence arising out of their operations in the pdrformanQe of this 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 irijury, including death resulting therefrom; and property damage, in the :total amomit. of $1,000 000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees; agents,. volunteers, and representatives as additional insureds, (2) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions_ 13. Worker's Compensation Insurance, In accordance with the Californian Labor Coale; Provider and Performer; if they .have any employees, are required to. be insured against liability for worker's compensation or to undertake self-insurance. 14. The City shall have the right and royalty -free license to. simulcast or produce: and show a tape -delayed, broadcast of the perfomance to the City community car general public; through webeast.or any other means. This license shall be non-oxclusive and the copyright shall remain with the Performer. Copies of the performance may be maintained by the City, and Performer oonsents to use of such recordings. 15.. Performer shall not diser irninate because; of race, color, creed, religion; sex, marital status, sexual orientation, age; :national origin, ancestry, disability; or any other basis protected by applicable lair 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, it. connection with or by reason of this .Agreerinent,. 17. This Agreement :represents the complete and exclusive statement between the City and Provider (representing 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 Provider or Performer., Please execute this letter to reflect your agreement to the terms and conditions set forth hereip. C t)F SAN A AN DAV'.1i3 CAVA.ZQ$ City Manager ATTEST; 4MAR�i .6, 17 . tM Cleric of the Council P V,IDER "PROVED AS TO FORM: Assxstaz2t City Attorney [Signatures continue on next page] Letter Aoreement — Audio Video DJs Page 3 RECOMMENDED FOR APPROVAL: A Gerardo Mouet, Executive Director, PRCSA 'I I LIABILITY INSURANCE DATE( k'oDNvyy) . 08-08-2016 THIS CER-RFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE C RTiFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortfilcato holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to Me terms and conditions of the POIICy, certain pollcle . may require an endorsomoRt. A statement on this certificate dons not confer rights to the cortificate holder In Ilea' of such ondorsomontla). PRODUCER CONTACT Ignacio Rabe POMONA INSURANCE AGENCY PHONE 909-623-3202 ,�; 9®9-623a1340 478 IN HOLT AVE DDRE —INSURERS AFFORDINO COVERAGE NAILS. POMONA CA 91768-3601 INSURER A! Ccvi[i (Call S eCialt ll�o Ca INSURED LNSURpLe; Jorge Cervantes Jrm°" LNStIRERc: DBAT ,Audio Video DO',B � `rr. INSURER D 6002 Muller Street INSURERE Fell Gardens CA 90201 rNSURER F; i1nVFPAIIFQ r1F0 TI4,f°A,rF Kit 19110rp. f3CAlle[ner mlluca Ct7. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE, FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWTH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CU—S TYPE OFINSU ANCIr• ADDL. e'R lm POLICY N MRER POU EFF 1) POLICYE%P JmWa2mm LIMITS COMM91LCLA.LGENERALUAaILITY CI.AIMS•btr.rtE OCCUR Dp f}S,feS/ICIB p8/CEi/2CiT EACH OCCURRENCE 2BgMjVHA�47'96®3 } �. RENTED 'rj I 11000100D 1,m.0t)4, 000 MEOEXP axe s 91000' _ PERSONALB.ADVINJURY .. $ ., 1,000,000. GENT. AGGREGATELIWAPPUEiSPER: POLICY; �o ❑LOC GENERALAGGREGATE $ 2,00a,000 PRODUCTS-COMEmPAGG S 2,IID ,D00 OTHSR: AUTOMOBILE LIABILITY COMHINEo SING Li % ni x BODILY INJURY tPer peraonl S ANY AUTO ALL MUZO SCHEDULEDAUTOS NONG' 4f�}1A1 FO HIREOAUTOSS AUTOS .�,'� I BODILY INJURY (Pea ateiaenL) 5 PROPERTY DAMAGE J Cll_ ....» $ LIM RE"1IAB EXCESSUae OCCLiR GLAIM5MMADE '��.\K.,M... kV+" � `�_.. EACH OCCURRENCE AGGREGATE 3 S Leo REiEttTLgNS S WOFWXM COMPENSATION ANO EMPLOYERS' LIA8mtTY OFFICE�EEYO EARTNd ECUTYUE YI'" I (Mandatory In NH) t " I II ea, dosolbrl under C,RIPItCtN 6F OPERATION$ taltawa NIA a _ 4 J R N I EL.PACtiACGLf7ENT 5 E.L. DISEASE - EA EMPLOYE S E.L. eISE.ASE -POLICY LIMIT S DESCRIPTION OF OPERA..TIONBt LOCATIONS IVSHIOLS'S (ACORD 96I, Addldanot Remarks Sohoduto, may W attaahod It moan apart is mqulmd) City of Santa. Asia, its officers, agents, employees and volunteers are included as additional insured with respects to General Liability per the attached endorsement its accordance with the terms, conditions,and exclusions of the policy, as respects: Senior Dance held at Santa Ana Senior Center an 48/12/2Q16. City of Santa Ana Parks, Recreation & Community SHOULD ANY OF THE ABOVE DI Services Agency THE EXPIRATION DATE THE g y ACCORDANCE IMiTH LIC Attnt Gerardo Houet, Executive Director 20 Civic Center Plaza AUTHCYREZEDREPWIENTATI Santa Ana, CA 92701 (D i i88-2014 A ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Be CANCELLED BEFORE LL BE DELIVERED IN rights reserved.. ADDITIONAL INSURED ENDORSEMENT Insurance Company kw. This endorsement modifies such insurance as is afforded by the provisions of Policy # ?)RXA2S(oOOZ,<gO relating to the following- 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insured ("additional insured") 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 insured. 3. This insurance applies separately to each insured against whom claim is made ors is brought except with respect to the company's limits of liability. The incluslon any person or organ izatio:n as an insured shall not affect any right which such pers or organization would have as a claimant if not so, included. I 4, With respect to the additional insured, this insurance shall not be canceled, 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 2,o this endorsement form as a part of Policy # - Q e2 P� LA (0 01--Is <> C) Issued, to red ure DATE ISSUED PRODUCER INSURED Policy INSURER COVERAGE POLICY PERIOD LIMITS Base Underwriters, Inc POLICY SINOM Reference #: 0�12197 1 :. Pomona Insurance Agency 478 W, Malt Avenue Pomona, California 91768 Jorge Cervantes Jr 'Ltba: Audio Video DJS 6002 Muller Street Sell Gardens, California 90201, United States 1sl�aFTi7 lrctr �i�slF�,lir�il'i try $1,000,000 Per Occurrence $2,000,000 General Aggregate Limit $2,000,000 Products and Completed Operations Limit $1,000,000 'Personal and Advertising Injury Limit $1,00,000 Fire Damage to Others Limit $5,000 Medical Expense Limit Rating Basis Based on 6 Each (43215) See last page of quote far appropriate class descriptions 1-1 6002 Muller Street „ Bell Gardens, CA 90201 Liability Only ti , ii Per Clai