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HomeMy WebLinkAboutMisael Chico dba Ay Chico; 2023-06-29; PSALCA-23105CAPSALCA-23105CA City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR PROFESSIONAL DISC JOCKEY SERVICES MISAEL CHICO DBA AY CHICO THIS AGREEMENT is made and entered into as of the ____ day of __________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City"), and Misael Chico dba Ay Chico, a Sole Proprietorship, ("Contractor”, “Performer”) (collectively, the “Parties”). RECITALS A. City requires the professional services of a disc jockey that is experienced in performing in a multitude of venues and provides limited master of ceremony duties as needed. B. Contractor has the necessary experience in providing professional services in a mobile outreach environment. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area. Contractor will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) year from the date first above written. The City Manager may amend the Agreement to extend it for two additional 2-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed fifteen thousand dollars ($15,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifteen thousand dollars ($15,000) per Agreement period. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 29th June PSALCA-23105CA City Attorney Approved Version 4/24/2023 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Richard Schultz Name Misael Chico Title Cultural Arts Manager Title Owner Department Library & Cultural Arts Address 3970 Waring Road, #16 City of Carlsbad Oceanside, CA 92056 Address 1775 Dove Lane Phone No. 408-835-2765 Carlsbad, CA 92011 Email misael@AyChico.info Phone No. 442-339-2086 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 5 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 □ ■ PSALCA-23105CA City Attorney Approved Version 4/24/2023 6 Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) SUZANNE SMITHSON Library & Cultural Arts Director As Authorized by the City Manager MISAEL CHICO / Owner (print name/title) ATTEST: For SHERRY FREISINGER City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 8 EXHIBIT “A” SCOPE OF SERVICES Contractor will provide professional disc jockey services for designated cultural arts outreach activities and programs. Contractor is experienced to provide the technical skills, reading the crowd and adjusting the music mix and control music volume to enhance program participants’ experience. 1. CONTACT INFORMATION Contractor Misael Chico DBA Ay ChicO, 408-835-2765, Misael@AyChico.info City of Carlsbad • Richard Schultz, Cultural Arts Manager, 442-339-2086, richard.schultz@carlsbadca.gov • Thomas Johnston, Program & Venue Coordinator, 442-339-2093, thomas.johnston@carlsbadca.gov • Cultural Arts Administration: 442-339-2090 2. SERVICE LOCATIONS PROVIDED BY CONTRACTOR TGIF Concerts in the Parks 2023 schedule: Friday evenings from July 7 to Aug. 11, 2023. Dates Locations July 7 & July 14 Stagecoach Community Park 3420 Camino de los Coches, Carlsbad, CA July 21 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA July 28 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA Aug. 4 & Aug. 11 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA TGIF Concerts in the Parks 2023 schedule will be shared in writing a minimum of sixty (60) days in advance of first scheduled event. Other Cultural Arts sponsored events will be coordinated between City and Contractor a minimum of thirty (30) days in advance in writing. City and Contractor will discuss requirements needed by both Parties using the sections below as a guide. City will notify in the request whether the Contractor needs to provide equipment to support an upcoming event. 3. Sound [City/Performer] will provide a sound amplification system that is in good working order and capable of conforming to the size of the audience and acoustics of the Venue Site and producing quality sound reproduction. In the event that Performer is providing the sound system and special electrical needs are required, Performer shall notify City of its needs at least thirty (30) days in advance of the first Performance date. Failure to timely notify the City will result in Performer assuming all the responsibility of providing its own electricity for the sound system. If required by state or local laws, Performer will obtain all necessary permits and approvals associated with the provision of electricity. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 9 4. STAGE LIGHTING [City/Performer] will provide stage lighting that is in good working order and capable of conforming to the size of the audience, Venue Site and the needs of the Production. In the event that Performer is providing the stage lighting system and special electrical needs are required, Performer shall notify City of its needs at least thirty (30) days in advance of the first Performance date. Failure to timely notify the City will result in Performer assuming all the responsibility of providing its own electricity for the stage lighting system. If required by state or local laws, Performer will obtain all necessary permits and approvals associated with the provision of electricity. 5. CONCESSION SALES Performer shall have the right to offer limited items for sale at the Performance (e.g., books, CDs, DVDs, and audio/video tapes) at a rate of 0% commission (City’s fee based on gross revenue from sales). City reserves the right to pre-approve items offered for sale by Performer, both before and during the performance. 6. PUBLICITY Performer may provide publicity and promotional materials to City for advertising the Performance. Performer and/or Representative represents and warrants that City may use all promotional materials received from Performer or Representative to promote the Performance in all advertising media, including without limitation, print, TV, radio, Internet, etc., without being in violation of any third-party intellectual property rights. Performer agrees to be available for personal interviews. City reserves the right to photograph the Performance for the purpose of publicizing, advertising, or promoting the City of Carlsbad and/or programs (collectively “Usage”). Performer(s) waive the right to any fees, royalties, or control, now or in the future, and Performer(s) grant full permission for the use of Performer(s)’ image, including without limitations, name, likeness, and biography related City’s Usage. Performer(s) relinquish any right that Performer(s) may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied, including in all media now in existence or may come into existence in the future. 7. RADIO AND TELEVISION COVERAGE Performer agrees to permit reasonable Radio or Television news coverage of the Performance. City will try, but is not required, to let Performer know whether Radio or Television news coverage is planned or will be occurring during the Performance. City is not responsible for securing prior consent of Performer for said Radio or Television coverage. City is not responsible for obtaining copies of any footage that is broadcasted on any Radio or Television station for the benefit of Performer. City will assist Performer in trying to identify which Radio or Television station is on scene. In the event that Performer does not desire to have any Radio or Television coverage of the Performance, Performer shall be solely responsible for notifying the Radio or Television station(s) of this desire. If unauthorized taping or broadcasting of Performance occurs, City shall not be deemed in breach of this contract. 8. CITY AUDIO/VIDEO RECORDING – RESERVED DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 10 9. WEATHER AND OTHER TYPES OF CANCELLATIONS RE: PERFORMANCE If Performance is canceled by City due to inclement weather, acts of God, acts or any other reason, while Performer is traveling to or is already at Venue Site, but has not yet performed, City will pay Performer Performer’s out-of-pocket travel expenses to the Venue Site. In the event that a storm should develop while Performer is at the Venue Site and has already set up or is in the process of setting up Performer’s equipment, City and Performer will discuss whether the Performance should be cancelled. If the Performance is cancelled, Performer shall be entitled to full payment. 10. GENERAL CANCELLATION The City reserves the right to cancel this engagement for any reason at any time prior to 30 days preceding the engagement, voiding this contract and excusing the City from any payment or other compensation. If this contract is canceled by the Performer less than 30 days prior to the scheduled engagement, the Performer will reimburse the City the amount of $N/A to help defray the production, promotion and labor costs that are incurred up to the date of the cancellation. 11. PERFORMANCE CONTENT The Performer represents and warrants that its Performance in all aspects (including any sheet music, lyrics or script as may be desired or required by City) will not violate any copyright, and that all necessary approvals to perform copyrighted works have been obtained. Performer agrees to indemnify, defend and save harmless the City against any copyright claim, demand, liability or expense caused by or arising out of its Performance. Performer shall be solely responsible for the content of the Performance. 12. LOSSES It is understood and agreed that the City shall not be responsible for any loss of or damage to the property of the Performer, or for the acts or omissions of the audience. 13. INDEPENDENT CONTRACTOR The Performer(s) and/or Representative are independent contractors and not employees of City. No Performer(s) or his/her employees or Representative or his/her/its employees are or shall hold themselves out as an agent or employee of the City. The Agent or Performer shall have no authority to make any commitment on behalf of the City. Performer and/or Representative shall be responsible to pay all applicable state, local and federal taxes associated with this agreement. 14. SUBJECT MATTER Performer agrees to refrain from presenting or performing material that is derogatory or critical of the City, contains sexually explicit actions or gestures, expletives and/or other obscenities, or contains racial slurs or is otherwise derogatory of any race, religion, sexual orientation, age or national origin. Should such material be presented or performed, City, in its sole discretion, may immediately terminate the Performance. In the event City terminates the Performance of Performer because of violation of this paragraph, City shall not be liable to Performer for the balance owed under this Agreement and all monies paid to Performer shall be full and complete payment of Performer’s services. In the event of this occurrence, City shall not be deemed to be in breach of this agreement. 15. PRODUCTION RIGHTS The Performer agrees that the right to produce the event(s) which are the subject matter of this Agreement belongs solely to the City and Performer has no right to independently produce or sell rights of any kind to this event. Further, Performer agrees that Performer will not acquire any independent, individual or joint rights with the City to the event(s) which are the subject matter of DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 11 this Agreement. The Parties agree that this event(s) is a “work for hire” business arrangement under the United States Copyright Act of 1976 [17 U.S.C. §§ 101, et seq.] and any other applicable law. 16. COMPLETE CONTRACT This is a fully integrated contract. It is further understood that this Agreement contains the whole Agreement between Performer and Purchaser, and this document supersedes any other terms, agreements, obligations, covenants, representations, statements or conditions, oral or otherwise or any kind whatsoever concerning this contract, not expressly set forth herein. Furthermore, it is understood and agreed that this contract may not be changed, modified, or altered except by mutual agreement of both parties. All changes to the contract for this engagement must be signed by authorized signatories of both parties. 17. HEALTH & SAFETY During any health-related pandemic, all activities occurring at City facilities, all Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform performer(s) what the current guidelines are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six feet. The safety protocols may be modified at any time due to changing rules, regulations, or circumstances. 18. TGIF EVENT ACTIVITY Contractor’s Responsibility: • Arrive at 2:30 p.m. and set for a 4 p.m. start • Provide mobile disc jockey equipment to be used at all concerts • Perform and take song requests at all concerts one (1) hour and 50 minutes before concert begins • Will strike their equipment at ten minutes prior to start of concert (6 p.m.) TIME ACTIVITY 2 p.m. Contractor will arrive at park site. 2 – 4 p.m. Contractor will set up for performance* 4 – 5:50 p.m. Contractor will perform at park site using family friendly content 6 p.m. Contractor strike equipment City’s Responsibility: • Provide a site map of each concert venue / park • Provide a location for staging equipment • Provide a canopy tent, if desired • Provide an on-site contact list • Parking pass // // DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 PSALCA-23105CA City Attorney Approved Version 4/24/2023 12 19. PERFORMANCE FEES TGIF & On-site City Facility Events: Contractor shall be entitled to a Flat Performance Fee of two hundred dollars ($250) for any two-hour event. This rate includes TGIF Concerts in the Parks and other cultural arts events including onsite events at the Carlsbad City Library, 1775 Dove Lane, Carlsbad, CA. Cultural Arts Community Supported Events: Performances for other events such as city festivals, are open to negotiations between both parties. Any event duration longer than two hours would be negotiated at an additional rate of $150 an hour. Payment for all events would be made at the conclusion of the performance. If any unperformed portion of the event or event series is cancelled due to the Performer’s inability to perform, the unperformed portion of the event or event series may be, if feasible, rescheduled to a new date(s) that is/are mutually agreeable to City and Contractor. If a replacement performance cannot be rescheduled, the fee(s) due to the Contractor may, at City’s sole discretion, be reduced on a pro-rata basis by the value of the performance(s) not performed. 20. INVOICING / PAYMENT All invoices shall be submitted at the completion of each event to Cultural Arts Manager or designee and shall be sufficiently detailed to include related activities, hourly or trip rate and total costs. Final invoice approval will be completed by the City's Library & Cultural Arts Director or designee. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Next First Insurance Agency, Inc. rA~9NJo E•tl· (855) 222-5919 I ;ffc Nol: PO Box 60787 Palo Alto, CA 94306 E-MAIL support@nextinsurance.com ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# INSURER A: State National Insurance Company, Inc. 12831 INSURED INSURER B: Misael Chico AYCHICO INSURER C: 3485 Rich Field Dr INSURER D: Carlsbad, CA 92010 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 450769700 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD lw\/n POLICY NUMBER /MM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 -□ CLAIMS-MADE 0 OCCUR OAMAGE TO RENTED PREMISES !Ea occurrence l $100,000.00 MED EXP (Any one person) $15,000.00 - A X NXT7RR4FFP-00-GL 07/06/2023 07/06/2024 PERSONAL & ADV INJURY $1,000,000.00 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 ~ □PRO-□LOC PRODUCTS -COMP/OP AGG $2,000,000.00 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY !Per accident! $ --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of Carlsbad. This Certificate Holder is an Additional Insured on the General Liability policy on a ~rimary and non-contributory basis. This Certificate Holder is an Additional Insured on the General Liability policy with res~ect to ongoing operations. All Certificate Holder privi eges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to po icy terms and conditions. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 ACORD 25 (2016/03) LIVE CERTIFICATE [!]~=-~••[!] ~ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER NXT7RR4FFP-00-GL NAMED INSURED Misael Chico AYCHICO 3485 Rich Fi eld Dr Carlsbad, CA 92010 COVERAGE PARTS AFFECTED POLICY CHANGES POLICY CHANGES EFFECTIVE 06/27/2023 COMPANY Policy Change Number 01 State National Insurance Company, Inc. AUTHORIZED REPRESENTATIVE Ann Ryan Commercial General Liability Coverage Part CHANGES SEE ATTACHED SCHEDULE Return Total IL12011185 $0.00 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 2 □ SCHEDULE OF POLICY CHANGES It is understood and agreed that: The following forms are added: NXT-0084 BM GL 0218 -Designated Additional Insured -Primary Insurance CG 20 1O0413 -Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization All other terms and conditions remain unchanged. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 2 of 2 □ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED -PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person or Organization: City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 I. SECTION II -WHO IS AN INSURED is amended to include the person or organization shown in the SCHEDULE, but only with respect to liability for "bodily inju ry", "property damage" or "personal and advertising injury" caused , in whole or in part , by your acts or omi ssions or the acts or omissions of those acting on your behalf: 1. In the performance of your ong oing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. II. With respect to the insurance afforded to these additional insureds, the following is added to SECTION Ill -LIMITS OF INS URANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Ill. Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in accordance with the applicable written contract between you and the additional insured. All other terms and conditions of the policy remain unchanged. NXT-0084 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission Page 1 of 1 POLICY NUMBER: NXT7RR4FFP-00-GL COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or!:lanization(s) Location(s) Of Covered Operations City of Carlsbad CA 1635 Faraday Ave Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 Manage your account: Go to www.farmers.com to access your account any time! Policy No. 52909-71-93 56-6176 2nd Edition 3-19 3/16/2023 farmers.com Auto Insurance Declaration Page Page 1 of 3 Questions? Callyour agent Lauren Miralle Insurance Agency, Inc. at (760) 496-1686 or email lmiralle@farmersagent.com Premiums/Fees PolicyPremium and Fees This is not a bill. Policy Number:52909-71-93 Effective:3/16/2023 12:01 AM Expiration:9/16/2023 12:01 AM Named Insured(s):Misael Chico 3485 Rich Field Dr Carlsbad,CA 92010-5545 e-mail Address(es): misael@aychico.info Underwritten By:Farmers Insurance Exchange 6301 Owensmouth Ave. Woodland Hills,CA 91367 Household Drivers All persons who drive or will occasionally be driving any of the cars on the policy should be listed below. If anyone is missing or needs to be added, such as a newly licensed driver, you should contact your agent or the company to add that person before they begin to drive any of the cars covered on the policy. Name Driver Status Name Driver Status Misael Chico Covered Judith Chico Excluded Rosa Gonzalez Excluded Steven Navarrete Excluded Vehicle Information Veh. # Year/Make/Model/VIN LimitCoverageDeductible 1 1995 Honda Civic 4D Lx Comprehensive: Not Covered 1HGEG8558SL010928 Collision: Not Covered Additional Equipment:Not Covered Coverage Information Premiums by VehicleLimitsCoverage(applicable to all vehicles)Vehicle 1 Bodily Injury Liability $25,000 each person $50,000 each accident Property Damage Liability $50,000 each accident Permissive User Limit of Liability** Full (See Permissive User Limit of Liability in your policy) Included Medical Coverage Not Covered Uninsured Motorist Bodily Injury $25,000 each person $50,000 each accident Comprehensive Not Covered Collision Not Covered Additional Equipment Not Covered DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 ~. FARMERS INSURANCE ► farmers.com Page 2 of 3 Policy No. 52909-71-93 Questions? Callyour agent Lauren Miralle Insurance Agency, Inc. at (760) 496-1686 or email lmiralle@farmersagent.com Manage your account: Go to www.farmers.com to access your account any time! Declaration Page (continued) 56-6176 2nd Edition 3-19 Premiums by VehicleLimitsCoverage(applicable to all vehicles)Vehicle 1 Uninsured Motorist Property Damage without Collision $3,500 Uninsured Motorist Property Damage with Collision Not Covered Towing and Road Service Not Covered Total Premium Per Vehicle Policy Premium Fee Detail Vehicle 1 Total Anti-Fraud Fee Fees Per Vehicle Fees PolicyPremium and Fees Discounts Discount Type Applies to Vehicle(s) Discount Type Applies to Vehicle(s) Safe Driver All Good Driver All Rating Information Details Vehicle 1 Garaging Zip 92010 Current Annual Mileage 7,677 Vehicle Usage Other Use Years of Driving Experience 19-23 Policy and Endorsements This section lists the policy form number and any applicable endorsements that make up your insurance contract. Any endorsements that you have purchased to extend coverage on your policy are also listed in the coverages section of this declarations document: 56-5684 1st ed.; J7034 1st ed.; 25-4501 8-11; 25-8531 10-12; CA125 2nd ed. Other Information •**YOUR POLICY INCLUDES THE FULL PERMISSIVE USER LIMIT OF LIABILITY. PLEASE SEE PERMISSIVE USER LIMIT OF LIABILITY IN YOUR POLICY FOR FURTHER INFORMATION. •You may be eligible for a different rate but with different coverage from Farmers Specialty Insurance Company. Please contact your Farmers® agent to discuss your options. DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 ► ► ► farmers.com Page 3 of 3 Policy No. 52909-71-93 Questions? Call your agent Lauren Miralle Insurance Agency, Inc. at (760) 496-1686 or email lmiralle@farmersagent.com Manage your account: Go to www.farmers.com to access your account any time! Declaration Page (continued) 56-6176 2nd Edition 3-19 •Farmers Friendly Reviews are a great way to make sure you are receiving all the discounts for which you qualify, and identify any potential gaps in coverage. Contact your agent to learn more about the policy discounts, coverage options, and other product offerings that may be available to you. *Information on Additional Fees The "Fees" stated in the "Premium/Fees" section on page 1 apply on a per-policy, not an account basis. The following additional fees also apply: 1.Service Charge per installment (In consideration of our agreement to allow you to pay in installments): -For Recurring Electronic Funds Transfer (EFT): $0.00 (applied per account) -For Recurring Credit/Debit Card plans: $5.00 (applied per account) -For all other payment plans: $7.00 (applied per account.) If this account is for more than one policy, changes in these fees are not effective until the revised fee information is provided for each policy. 2.Late Fee: $15.00 (applied per account) 3.Returned Payment Charge: $25.00 (applied per check, electronic transaction, or other remittance which is not honored by your financial institution for reasons including, but not limited to, insufficient funds or a closed account) 4.Reinstatement Fee: $18.40 (applied per vehicle, 20% discount will apply for Good Drivers) One or more of the fees or charges described above may be deemed a part of premium under applicable state law. Countersignature Authorized Representative DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 DocuSign Envelope ID: B5605E5E-1C9C-43BD-B71B-24E1AD36C542 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Misael Chico Owner I, ______________ _, am the _______________ _ [insert name] [title] Ay Chico Ay Chico of ______________ . I hereby certify that _________ _ [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' Ay Chico liability insurance. Should _________________ employ any person [ name of company] the term of the during the term of the Agreement with the City of Carlsbad for ___________ _ Agreement for Professional Disc Jockey Services with the City of Carlsbad [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. Chico, Misael (May 19, 2023 21:16 PDT) [Name] Owner, Ay Chico [Title and name of company or corporation]