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Home My WebLink AboutLOS LUISES 1 - 2002 ... . ;/ N -d-.66 d- -0 d. ~ 4-zQ--oz C; PRes FI~ AGREEMENT FOR PROVISION OF MUSICAL SERVICES AT THE SANTA ANA MARIACHI FESTIVAL THIS AGREEMENT, made and entered into this J{,~ day of April, 2002, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY", and Los Luises, hereinafter referred to as "PERFORMERS". oZ- TERMS AND CONDITIONS 1. TIME FOR COMPLETION The shall be Mariachi services performed Festival. to be performed pursuant on Saturday, May 11, 2002, to this Agreement for the Santa Ana 2. PROJECT DESCRIPTION PERFORMER shall provide musical entertainment a 25 minute show at the Santa Ana Stadium in the city of Santa Ana (venue). 3. COMPENSATION CITY agrees to pay, and PERFORMER agrees to accept for said services a total sum in an amount not to exceed Four Hundred dollars($400.00) for all hours worked, travel and expenses. Payment shall issue from CITY to PERFORMER after PERFORMER'S performance at the concert. 4. INDEPENDENT CONTRACTOR PERFORMER is an independent CONTRACTOR and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees or subcontractors of PERFORMER and not employees of the CITY. 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. 5. MISCELLANEOUS PROVISIONS A. PERFORMER 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. 1 . ~ B. PERFORMER will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. PERFORMER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. C. This Agreement may be terminated by either party thirty (30) days written notice of termination. Upon cancellation, PERFORMER must return any compensation paid by to CITY within ten (10) days. upon such CITY 6. CONFLICT OF INTEREST CLAUSE Performer covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Development City of Santa Ana 20 Civic Center Plaza (M-23) 2 P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Performer: Los Luises 310 South Towner Santa Ana, CA 92707 (714) 785-5099 At tn: Jaime Luis Y Araceli Loui 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. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Performer, 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 3 of Performer. 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 Performer nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 9. DISCRIMINATION Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Performer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10. 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. 11. HOLD HARMLESS CLAUSE PERFORMER shall defend, indemnify and save harmless CITY, its officers, agents, volunteers and employees, against any and all damages to property, or injuries to or death of any person, or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents, volunteers and employees, from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, worker's compensation claims, and unemployment insurance claims, of or by anyone whomsoever, in any way resulting from or arising out of PERFORMER'S acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of PERFORMER or its 4 subcontractors. 12. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of PERFORMER, PERFORMER 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 performers retained by CITY. 13. BREACH Inasmuch as this Agreement is intended to secure the specialized services of El Ballet Folklorico de Pacifico, failure of the group to appear and perform shall be considered a material breach of this agreement. The CITY shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: E. HEAL the Council ( CITY OF SANTA ANA, a municipal corporation of the State of California ~ ~;;~ tJAVID N. REAM City Manager 5 .,.. ", APPROVED AS TO FORM: < \ J; ,rflJu V """-. ~JOSEPH W. FLETC City Attorney PERFORMER - By: Title: Tax ID#/SS#: i.,/5?-lb.L'1()'-j , 'L..-<-......~1 " c:_~~ ;yl ~ APPROVED AS TO CONTENT iz~ JON "RI:: RIBBLE Executive Director Parks, Recreation & Community Services Agency 6