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HomeMy WebLinkAboutJUMPIN' JOZ BAND, THEC 2006 AGREEMENT TERMINATION Please complete this form when the attached agreement is no lor> M -1A M& " H * 47 Return form to the Sr. Deputy Clerk of the Council (M -30). Cafl'64_7 5238 if �du bav6,`any questions. The agreement with , No. N e200g Cb was completed on L (�+ and final payment has been made. Department: W Is Signature:iC.�1 -lsV 9 Date: ��t{ City of Santa Ana Revised 8 -7 -03 Clerk of the Council INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: b; PRCS �c.Thrnrpkin >)Cz) AGREEMENT FOR PROVISION OF MUSICAL SERVICES AT THE i 1" Annual Antique & Car Show N- 2006 -061 THIS AGREEMENT, made and entered into this 26 day of June 2006, 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 Rick Joswick doing business as The Jumpin' Joz Band, hereinafter referred to as "CONTRACTOR ". TERMS AND CONDITIONS SCOPE OF SERVICES CONTRACTOR shall provide one hundred and fifty (150) minute musical entertainment set at the Santa Ana Antique and Class Car Show event pursuant to the confirmation letter attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept for said services a total sum in an amount not to exceed One Thousand, Two Hundred Dollars ($1,200.00) for all hours worked, travels and expenses. Payment by CITY shall be immediately after CONTRACTOR'S performance at the event. 3. TIMF FOR COMPLETION the services to be performed pursuant to this Agreement shall be performed on August 5't'. 2006. 4. INDF.PF,NDF:N "f CONTRACTOR CON I RAC 'IOR is an independent contractor and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees or subcontractors of CONTRACTOR and not employees of the CITY. CONTRACTOR 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. HOLD HARMLESS CLAUSE CONTRACTOR shall defend, indemnify and save harmless CITY, its officers, agents, 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 CFIY. and shall defend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, copyright infringement, worker's compensation, and unemployment insurance claims, of or by any one whomsoever, in any way resulting from or arising out of CONTRACT'OR'S acts or omissions in connection with this Agreement. including acts or omissions of subcontractors and acts or omissions of employees or agents of CONTRACTOR or its subcontractors. 6. 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 to the following persons: To City: Clerk of the City Council Citv of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 888 W. Santa Ana Blvd., Suite 200 Santa Ana, California 92702 telefacsimile (714) 571 -4221 To Contractor: The Jumpin' Joz Band Rick Joswick 340 Mavis Dirve T,os Angeles, California 90065 Telefacsimile (866) 214 -7177 JURISDICTION - VENUE ']'his 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. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. ASSIUNABILII Y CONTRACTOR shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written consent of CITY. CONTRACTOR shall not subcontract any of the services described herein. 10. MISCELLANEOUS PROVISIONS A. CONTRACTOR 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. CONTRACTOR will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. CONTRACTOR 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 either party upon thirty (30) days written notice of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PA'FRICIA E. HEALY City Clerk APPROVED AS 1'O FORM: OSFPH W. FI.ETCIIVR City Attorney RECOMMENDED FOR APPROVAL: GERARDO OUET Executive Director Parks, Recreation R Community Services Agency CITY OF SANTA AN DAVID N. REAM City Manager CONTRACTOR RICK JOSWICK Owner TaxID# 325 -Z6 -062'0 s Dprs i ! r'�t': r. California 90065 323 227 0331 The Jumpin' Joz Band agrees to play the following engagement for 31" A ..=aal :— iuc and Classic Car Show. Caatact: Donna Schultz (714) 571 -4258 Date: Saturday, Aug 5, 2006 Time: l lam – 1:30pm Place: Portola Park, 1700 East Santa Clara, santa ana 5 niece band Musicians: 5 Piece Band Parking: Validated Sound: Jumpin' Joz Band will provide PA Compensation: $1200 Please make out checks cl wic of Jumpin' oz Band) Rick Joswick Donna Schultz Please sign both copies and return one with deposit check A. :.