22-001 2022 Summer Concert Series - Mercy & the Heartbeats
SHORT FORM ENTERTAINMENT AGREEMENT
CITY OF CUPERTINO
Parks & Recreation Department
10185 N. Stelling Road
Cupertino, CA 95014
408-777-3120
--USE OF THIS FORM IS ONLY VALID FOR AGREEMENTS UP TO $3,500.00--
Contractor Name: Mercy & The Heartbeats
Contractor Authorized Representative: Jaque Herrera
By the signature of its Authorized Representative below, Contractor hereby agrees to the following:
A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services
and/or materials: Family show concert performance for the 2022 Summer Concert Series.
Contractor shall provide their own sound system equipment.
Location: Memorial Park
Time: 5:30 p.m. to 9:00 p.m.
B. TERM. The services and/or materials furnished under this Agreement shall be provided from
6/30/2022 to 6/30/2022.
C. COMPENSATION. For the full performance of this Agreement, the City of Cupertino shall pay
Contractor a total of $2,500.00 in a lump sum to be paid following receipt of Contractor’s invoice.
D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
- Exhibit "C" - Affidavit of No Employees
GENERAL TERMS AND CONDITIONS
1. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole
negligence or willful misconduct of City personnel, Contractor agrees to indemnify, defend, and
hold harmless the City, its City Council, boards and commissions, officers, officials, employees,
agents, servants, volunteers and Contractors (collectively, “Indemnitees”), through legal
counsel acceptable to City, from and against any liability for damages, claims, actions, causes of
action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and
expenses related to litigation, arbitrations, administrative and regulatory proceedings), of every
nature, arising out of or in any way related to Contractor’s or Contractor’s agents performance
of the Scope of Services. This includes but is not limited to liability resulting in personal injury,
death, property damage, or economic losses. Contractor must pay any costs City may incur in
enforcing this provision and must accept a tender of defense upon receiving notice from City.
Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this agreement.
2. General Liability Insurance. The undersigned shall maintain general liability insurance in an
amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage. Undersigned’s general liability policies shall be endorsed to
provide that City and its officers, officials, employees, and agents shall be additional insureds
under such policies.
3. Compliance with Laws. Contractor shall comply with all laws applicable to this Agreement
including, without limitation, laws regarding workers’ compensation, antidiscrimination, and
conflict of interest. If Contractor has no employees an affidavit to that effect shall be attached to
this agreement. If the scope of work involves providing services to children, the City of
Cupertino, Contractor Declaration shall be attached.
4. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions
thereof, without prior written consent of City.
5. Termination. City may terminate this agreement at any time. In the event of cancellation within
24 hours of the time Contractor is to begin providing services City shall pay contractor one half
of the total agreement amount unless cancellation occurs after Contractor’s personnel have
arrived at the location where services are to be performed in which case the total contract
amount shall be paid.
6. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment and, at all times, Contractor shall be deemed to be an independent contractor and
Contractor is not authorized to bind the City to any contracts or other obligations in executing
this Agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City. City shall have no right of control as to
the manner Contractor performs the services to be performed. Nevertheles s, City may, at any
time, observe the manner in which such services are being performed by the contractor.
Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City
business license ordinance.
7. Changes. No changes or variations of any kind are authorized without the written consent of
the City.
CONTRACT COORDINATOR and representative for CITY shall be: Sonya Lee.
May 5, 2020
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date last signed
below.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
CONTRACTOR
Kyle Caprista/Jaque Herrera
Managers
Apr 19, 2022
Christopher D. Jensen
Rachelle Sander
Assistant Director of Parks and Recreation
Apr 19, 2022
Apr 19, 2022
EXHIBIT C
AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent contractor and the owner of Mercy & The Heartbeats.
I wish to enter into a services contract with the City of Cupertino. I am fully aware of the
provisions of section 3700 of the California Labor Code, which requires every employer to
provide Workers' Compensation coverage for employees in accordance with the provisions
of that Code. I am also aware that I must provide proof of workers’ compensation insurance
to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the
City of Cupertino’s contract.
I hereby certify that I do not have any employees nor will I have any employees working for
me or my business during the term of any service contract with the City of Cupertino. I am
not required to have Workers’ Compensation insurance.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this ____day of ____________, 2022, at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
19 April 80 Murlagan Ave Apt C, Mountain View
Kyle Caprista/Jaque Herrera
2022 Summer Concert Series - Mercy & the
Heartbeats
Final Audit Report 2022-04-20
Created:2022-04-19
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA2Kz7_TqnteH8dtKwrteAZ1CPo9alsM4Z
"2022 Summer Concert Series - Mercy & the Heartbeats" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-04-19 - 6:38:45 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-04-19 - 6:40:38 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-04-19 - 9:02:35 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Kyle Caprista/Jaque Herrera (mercyandtheheartbeats@gmail.com) for signature
2022-04-19 - 9:02:37 PM GMT
Email viewed by Kyle Caprista/Jaque Herrera (
2022-04-19 - 10:14:28 PM GMT- IP address: 66.249.84.224
Document e-signed by Kyle Caprista/Jaque Herrera (
Signature Date: 2022-04-19 - 10:38:12 PM GMT - Time Source: server- IP address: 71.198.46.144
Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-04-19 - 10:41:29 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
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Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2022-04-19 - 11:12:39 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-04-20 - 1:24:26 AM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2022-04-20 - 1:24:26 AM GMT