On the Latin Side-2018-37 CITY OF GRAND TERRACE
CONTRACT SERVICES AGREEMENT FOR
40TH ANNIVERSARY FAMILY DAY
1:00 pm to 5:00 pm
THIS CONTRACT FOR SERVICES AGREEMENT ("Agreement") is made by and between the City of
Grand Terrace, a California municipal corporation ("City") and On the.c;d-P of 7 *�" ("Performance
Group"), effective as of September 1 k , 2018. T�
IN CONSIDERATION of the mutual promises set forth herein, City hereby engages the Performance
Group to provide a Performance("Performance")upon the following terms:
1. PERFORMANCE: The Performance Group agrees to provide a musical Performance for the
City to take place on October 13, 2018 between the hours of 1:00 pm and 5:00 pm. The place of
- Performance shall be at Terrace View Elementary School located at 22731 Grand Terrace Rd.',
Grand Terrace, CA 92313. Performance Group shall be entitled to three (3) breaks every 45
minutes, not to exceed 15 minutes.The Performance shall not extend beyond 5:00 pm.
2. PERFORMANCE FEE: In consideration of such Performance,the City of Grand Terrace shall pay
a Performance fee of$1,000.00,to be paid via check to the performer's representative immediately
prior to the Performance.
3. SET UP/SOUND CHECK: The set up and sound check shall take place between 12:30 pm and
1:00 pm. Performance Group or its agent shall be responsible for providing the sound equipment
.and sound personnel for the Performance. Performance Group shall be responsible for set up of
instruments and other equipment. Performance Group shall be responsible for assuring that the
Performance starts at 1:00 pm.
4. PROMOTION: The City shall be responsible for all promotion of the Performance, which shall
include the informational flyers advertised throughout the City of Grand Terrace, media releases
and publications published throughout community and other community bulletins. .
5. INSURANCE: Performance Group will obtain insurance coverage for the performance event
through the City's insurance pool(California Joint Powers Insurance Authority)
6. LANGUAGE:Performance Group is reminded that the Performance is a family event and shall not
use profanity or graphic language in the Performance.
7. COPYRIGHT: Performance Group will obtain permission to perform any copyrighted material in
its performance. Performance Group will provide City with certificates demonstrating its right to
use said copyrighted material.
8. TERMINATION OF AGREEMENT: Either party may terminate this Agreement at any time, at
will, for any reason or no reason, by giving written notice of termination to the other party and
subject to the following terms and conditions:
a. Notice of Termination Received Fifteen.(15)Days or Less before.the date of Performance.
If a notice of termination is received fifteen(15) calendar days or less before the date of
the Performance, the terminating.party shall pay the other party a terminating fee of fifty
percent (50%) of the amount of compensation payable to Performance Group pursuant to
Section 2 of this Agreement within seven (7) calendar days of the effective date of
termination set forth in the written notice of termination.
b. Notice of Termination Received between Thirty(30)and Sixteen(16)Days before the Date
of Performance.If a notice of termination is received between thirty(30)and(16)calendar
days before the date of the Performance, the terminating party shall pay the other party a
terminating fee of twenty-five percent (25%) of the amount of compensation payable to
Performance Group pursuant to Section 2 of this Agreement within seven(7)calendar days
of the effective date of termination set forth in the written notice of termination.
c. Notice of Termination Received Thirty-One (31) Days or more prior to the Date of
Performance. If a notice of termination is received thirty-one (31) calendar days or more
prior to the date of the Performance, the terminating party shall have no obligation to pay
a terminating fee to the other party.
d. The obligation of the Performance Group to perform shall be excused for any failure to
perform its obligations under this Agreement if Performance Group presents acceptable
evidence, in City's sole judgment, that such failure was due to strikes, lockouts, labor
disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable
substitutes for labor or materials, governmental restrictions, governmental regulations,
governmental controls, judicial orders, enemy or hostile governmental action, civil
commotion,fire or other casualty,or other causes beyond Performance Group's reasonable
control and not due to any act by Performance Group.
9. GENERAL: This Agreement will be governed and construed in accordance with the laws of the
State of California.This Agreement constitutes the entire Agreement between the Parties.
10. INDEMNIFICATION: Notwithstanding the availability and policy limits of any insurance,
Performance Group shall defend, indemnify and hold harmless the City and its officers, agents,
representatives and employees against any claims made or legal actions brought against the City
by any person or entity as a result of injuries, damages, expenses and losses actually or allegedly
incurred by such a person. or entity arising out of or relating to the Performance Group's
Performance or failure to perform pursuant to this Agreement, except where such claims or
liabilities result from City's own direct and sole negligence. This obligation shall survive the
termination, completion or expiration of this Agreement. Performance Group shall further
indemnify, defend,and hold harmless the City from any and all claims or causes of action actually
or allegedly related to Performance Group's infringement of any copyrighted materials.
11. INDEPENDENT CONTRACTOR STATUS. City and Performance Group agree that Performance
Group,in performing the Services herein specified,shall act as an independent Contractor and shall
have control of all work and the manner in which it is performed.Performance Group shall be free
to contract for similar services to be performed for other entities while under contract with City.
Performance Group is not an agent or employee of City, and is not entitled to participate in any
pension plan, insurance, bonus or similar benefits City provides for its employees: Performance
Group shall be responsible to pay and hold City harmless from any and all payroll and other taxes
and interest thereon and penalties, therefore, which may become due as a result of services
performed hereunder.
12. ASSIGNMENT. This Agreement is for the specific services with Performance Group as set forth
herein. Any attempt by, Performance Group to assign the benefits or burdens of this Agreement
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without written approval of City is prohibited and shall be null and void; except that Performance
Group may assign,payments due under this Agreement to a financial institution.
13. REPRESENTATIVES: The authorized representatives for this contract shall be:
City of Grand Terrace: On the Side of Latin:
G.Harold Duffey Alex Cardenas
City Manager 34365 Cedar Avenue,#110
City of Grand Terrace Yucaipa, CA 92399
22795 Barton Road
Grand Terrace, CA 92313
All communications between the City and the Performance Group shall be conducted by these authorized
representatives or their designees.
I have read and agree to all terms as written in this Agreement.
"CITY"
CITY OF TERRACE
Date: ����'�<6 By:
arold ffey
CiManager
"PERFORMANCE GROUP"
ON THE SIDE
Date: �l G By