09-001 Cupertino Symphonic Band AGREEMIENT
CITY OF CUF'ERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 7 i 7-3200 NO.
~i ~ Fiscal Year 08-09
BY THIS AGREEMENT made and entered into on the 9th day of January, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Cupertino Symphonic Band
P.O. Box 2692, Cupertino, CA 95015 (Hereinafter referred to as CONTRACTOR), in consideration of their mutual
covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
A family show performance by Cupertino Symphonic Band at the Memorial Park Amphitheatre from 6:30pm-
8:OOpm. Contractor will provide own sound system.
EXHIBITS: The following attached exhibits hereby are made p~lrt of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on
June 4, 2009 and shall be completed before June 5, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $500.00
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its officers, agents, and
employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or
arising out of the performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing
services described herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of
CITY'S Director of Administrative Services.
Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in the sense that
the relation of master and servant exists between CITY and undersigned. 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.
Changes. This Agreement shall not be assigned or transferred without the written consent of the CITY. No changes or
variations of any kind are authorized without the written consent of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Kelsey R. Flayes ~ DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
By: G'~~.~T .~~e~le~ y:
Title: /1~~i17®r,.iT~ PE~¢7'%?~a SyypyP?i~~9~D Title: Recreation C ordinator
APPROV EXPENDITURE DISTRIBUTION
T HEAD DAT ACCOUNT NUMBER AMOUNT
~ C (_1 ~ 110-6248-7014 $500.00
CITY CL RK DATE
3 0
EXHIBIT A
1. The City reserves the right to terminate this Agreement with a 30-day notice.
The contractor may terminate this Agreement with a 30-day written notice.
2. City shall have no right of control as to i:he manner Contractor performs the
services to be performed. Nevertheless, City may, at any time, observe the
manner in which such services are being performed by the contractor.
3. The Contractor shall comply with all apf~licable Federal, State, and local laws
and ordinances including, but not limited to, unemployment insurance
benefits, FICA laws, and the City businE~ss license ordinance.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • GUPERTINO, CA 95014-3255
TELEPHONE: (4081777-3223 • FAX: (408) 777-3366
WEBSITE: www.cu~~ertino.org
CUPERTINO
February 25, 2009
Cupertino Symphonic Band
P.O. Box 2692
Cupertino, CA 95015
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If
you have any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK' S OFFICE
Enclosure