18-0807_MUSICAL THEATER UNIVERSITY_Professional Services AgreementCITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 7, 2018 by and between the City
of San Juan Capistrano, a municipal corporation organized and operating under the laws of the
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and MusicalTheater University, a non-profit organization with its
principal place of business at77 La Ronda, Rancho Mirage, CA92270 (hereinafter referred to as
"Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Musical Theater - Holiday Stage Production (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set íorth in 2(b)."
b. ln no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $3,500. Payment to Consultant will be rendered when
the City receives an invoice and all required insurance documentation.
3. AdditionalWork.
lf changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be fonrarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
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4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Pre-
event set-up, rehearsals and performance will commence at 8:00 a.m. on Saturday December 1,
2018 and Consultant shall complete the services required hereunder by 10:00 p.m. on Saturday,
December 1,2018 The Notice to Proceed shall set forth the date of commencement of work.
6. Delavs in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the effods being made to
resume performance of this agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. lf required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. lf applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assiqnment and Sub-Consultant
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Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates and sub consultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. lndependentConsultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. lnsurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. ln
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liabilitv
0 t* a""*ant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability lnsurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) lnsurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability lnsurance must include coverage
for the following
(1)
(2)
(3)
(4)
(5)
(6)
Bodily lnjury and Propeñy Damage
Personal lnjury/Advertising lnjury
Prem ises/Operations Liability
Products/Com pleted Operations Liability
Aggregate Limits that Apply per Project
Explosion, Collapse and Underground (UCX) exclusion
deleted
Contractual Liability with respect to this Contract
Broad Form Property Damage
I ndependent Consultants Coverage
(7)
(8)
(e)
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
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(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 1O
10 0l and 20 37 10 01 , or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liabilitv
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability lnsurance for bodily injury and
propedy damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
þroad as lnsurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(¡v) Subject to written approval by the City, the automobile tiability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Emplover's Liability
(¡) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and lnsurance Act," Division lV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers' compensation coverage of the same type and limits as
specified in this section.
d. Professional Liabilitv
e Minimum Policv Limits Required
(¡) The following insurance limits are required for the Agreement:
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Comþined Sinole Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrenceEmployefs Liability
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(¡ii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional lnsured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent)
signed by the insurer's representative and Certificate of lnsurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policv Provisions Required
(¡) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at leastten (10) days priorwritten notice of cancellation of any such policy dueto
non-payment of premium. lf any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional lnsured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(i¡) The Commercial General Liability Policy and Automobile Poticy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one ('1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
61147.02100\109747'7'7 1
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policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set fotth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifyinq lnsurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California lnsurance Code
or any federal law.
¡. Additional I Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including þut not limited to, the
provisions concerning indemnification.
(ii) lf at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. ln the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
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j. Sub-Consultant lnsurance Requirements. Consultant shall not allow any
subcontractors or sub-consultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or sub-consultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. lf requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub-consultants.
12. lndemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
reasonably approved by the City), indemnify and hold the City, its officials, officers, employees,
agents and volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant's
services, the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys' fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil
Code Section2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to Claims that arise out of, peñain to, or relate to the negligence, recklessness,
or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers .
b. Additional lndemnitv Obliqations. Consultant shall defend, with counsel of
City's choosing and at Gonsultant's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may
be rendered against the City, its officials, officers, employees, agents or volunteers as part of any
such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of
any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of
any such claim, suit, action or other proceeding. Such reimbursement shall include payment for
the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its otficials, officers, employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Laþor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance" projects. lf the
services are being peformed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
61 147.02100\10 9747'7'7 1
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from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure
to comply with the Prevailing Wage Laws. lt shall be mandatory upon the Consultant and all sub
consultants to comply with all California Labor Code provisions, which include but are not limited
to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and
subcontractors.
b. lf the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all sub consultants performing such Services must be registered with the
Department of lndustrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any sub consultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of lndustrial Relations. lt
shall be Consultant's sole responsíbili$ to comply with all applicable registration and labor
compliance requirements.
14. Verification of Emplovment Elioibilitv.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the lmmigration Reform and ControlAct of 1986, as may be amended
from time to time, and shall require all sub consultants and sub-sub consultants to comply with
the same.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
lf any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. ln such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. lf said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as othen¡vise provided in "Termination or Abandonment,"
above, all originalfield notes, written reports, Drawings and Specifications and other documents,I
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produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Orqanization
Consultant shall assign David Green (Self) as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Aqreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail-return receipt
requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Heidi lvanoff - Community Services
and shall be effective upon receipt thereof.
22. Third Partv Riqhts
CONSULTANT:
David Green - MusicalTheater University
77 La Ronda
Rancho Mirage, CA92270
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. EqualOppoÉunitvEmplovment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination
24. Entire Aqreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
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herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Padies hereto. This is an integrated Agreement.
25. Severabilitv
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assiqns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. Citv's Riqht to Emplov Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. P lnterests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
ISTGNATURES ON FOLLOW|NG PAGEI
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By:
Its:
By:
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND MUSICAL THEATER UNIVERSITY
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Musical Theater University
Dori Budde
Community Services Director
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EXHIBIT A
Scope of Services
Musical Theater University (MTU) David Green
David Green, Musical Theater University (Contractor) agrees to the scope of work as outlined below for
the City of San Juan Capistrano's annual Tree Lighting Celebration on Saturday, December 3, 2016.
1. (Contractor) is to return all necessary, contracts, W-9 Declaration, Proof of Workman's
Compensation or sign a Workers Compensation Declaration if contractor has no
employees, along with a Certificate of Liability lnsurance. All documents are due prior to
the event to satisfy the terms of the personal agreement.
2. (Contractor) will provide the City of San Juan Capistrano with a 45 - 60 minute holiday
stage production that includes choreographed song/dance numbers complete with
costumes. Provisions for this production include working with additional performers
outside and not affiliated with MusicalTheater University.
3. (Contractor) will provide the event organizer with a complete song list and script no later
than 1 week prior to the event.
4. (Contractor) must arrive on time the day of the event, have set-up complete by 2:00 p.m
allowing ample time for sound checks and a rehearsal.
5. lt is the responsibility of the (Contractor) to provide additional staging if needed.
Contractor will notify the event organizer changes are made to the stage dimensions.
6. lf pre-event site set-up is necessary, (Contractor) will work with the event organizer to
make arrangements.
7. (Contractor) understands that staking in the park grounds is prohibited
8. (City of San Juan Capistrano) will provide overnight on-site security during set-up of
equipment and staging.
9. Any vehicle driven on to the park grounds for the purposes of unloading is required to
remain inside the permitted zone at alltimes. After unloading, vehicles must be moved to
city provided / permitted parking off the park grounds.
10. (Contractor) and its representatives are prohibited from using drugs or alcohol before and
during the program.
11. Payment will be rendered to (Contractor) at the conclusion of the program provided an
invoice was received a minimum 60 days prior to the event.
6tI47 02100\10974777 I
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EXHIBIT A
CITY OF SAN JUAN CAPISTRANO
COMMUN ITY SERVICES DEPARTMENT
25925 Camino DelAvion, San Juan Capistrano (949) 493-5911
ð^ñmF &r tÂdAAt.q{þq*.L"¡{'m Ldf* YrqJBTn
Musical Theater University (MTU) David Green
David Green, Musical Theater University (Contractor) agrees to the scope of work as outlined below for
the City of San Juan Capistrano's annualTree Lighting Celebration on Saturday, December 1, 2018.
(Contractor) is to return all necessary, contracts, W-9 Declaration, Proof of Workman's
Compensation or sign a Workers Compensation Declaration if contractor has no
employees, along with a Certificate of Liability lnsurance. lnsurance can be purchased
directly from the City of San Juan Capistrano. All documents are due prior to the event to
satisfy the terms of the personal agreement.
2. (Contractor) will provide the City of San Juan Capistrano with a 45 - 60 minute holiday
stage production that includes choreographed song/dance numbers complete with
costumes. Provisions for this production include working with additional performers
outside and not affiliated with Musical Theater University.
3. (Contractor) will provide the event organizer with a complete song list and script no later
than 1 week prior to the event.
4. (Contractor) must arrive on time the day of the event, have set-up complete by 2:00 p.m
allowing ample time for sound checks and a rehearsal.
5. lt is the responsibility of the (Contractor) to provide additional staging if needed.
Contractor will notify the event organizer changes are made to the stage dimensions.
6. lf pre-event site set-up is necessary, (Contractor) will work with the event organizer to
discuss arrangements.
7. (Contractor) understands that staking in the park grounds is prohibited
8. (City of San Juan Capistrano) will provide overnight on-site security during set-up of
equipment and staging on November 30, 2018 at 6:00 p.m. to December 1,2018 at 6:00
a.m.
9. Any vehicle driven on to the park grounds for the purposes of unloading is required to
remain inside the permitted zone at alltimes. After unloading, vehicles must be moved to city
provided / permitted parking off the park grounds.
10. (Contractor) and its representatives are prohibited from using drugs or alcohol before and
during the program.
11. Payment will be rendered to (Contractor) at the conclusion of the program provided an
invoice was received a minimum 60 days prior to the event.
I have read the above listed conditions and hereby agree and certify that I shall abide by the
City's conditions for the Tree Lighting Stage Production listed above. Failure to comply with this
scope of work will result i ination due to breach of contract.
Contractor Signature Date:åt¿tç4\ \./
tPrinted Name Title Vt&Ê.c{N¿