09-001 The Groove Kings AGREEMENT
_ CITY OF CUPEfZTINO
10300 Torre Avenue
1 Cupertino, CA 95014 ~~2 6
~y. (408) 777-321)0 NO. ~p
Fiscal Year 08-09
BY THIS AGREEMENT made and entered into on the 26th day ~~f January, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) The Groove Kings
2892 Benjamin Avenue, San Jose, CA 945124 (408) 55!~-6249 (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 The Groove Kings at Blackberry Farm from 12:00 PM - 2:00 PM. Contractor will
provide own sound system.
EXHIBITS: The following attached exhibits hereby are made p2.rt of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on
July 4, 2009 and shall be completed before July 5, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $3,000.00
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 natun~, 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 transferreJ 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: ~NT~RE~
NAME: Molly M. James 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.
CONTRAC OR: CITY OF CUPERTINO:
. X11
By' ~ e.wU/~
Title: Title: Recreation Coordinator
Social Security - S/S rS
APPROVALS--~""~~ E~;PENDITURE DISTRIBUTION
DEPAR DftEW7 HEAD DAT ACCOUNT NUMBER AMOUNT
" '3 ~ 110-6220-7014 $3000.00
CITY C E ~ 9TE ~ ~ ~ ~
EXHIBI"f" A
1. The City reserves the right to terminate i:his 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 tl~e 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 applicable Federal, State, and local laws
and ordinances including, but not limited to, unemployment insurance
benefits, FICA laws, and the City business license ordinance.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cuF~ertino.org
CUPERTINO
March 9, 2009
The Groove Kings
2892 Benjamin Avenue
San Jose, CA 95124
To Whom It May Concern:
Enclosed for your records is a fully executed a~py of the agreement with the City of Cupertino. If
you have any questions or need additional in~-ormation, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure