10-001 Lief Sorbye, TempestAGREEMI-NT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA ~a5014 r~
/~ ~~ ~ ~i (408) 777-3200 NO. ~`~~ /~
V Fiscal Year 09-1 O
BY THIS AGREEMENT made and entered into on the 4th day of February, 201 O by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Lief Sorbye (2) Tempest `
(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 <_;ervices and/or materials:
A family show performance by Tempest at the Memorial Pairk Amphitheatre from 6:30pm-8:OOpm. Contractor will
provide own sound system.
EXHIBITS: The following attached exhibits hereby are made p~3rt of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on
June 17, 2010 and shall be completed before June 18, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $1,500.00
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 Agreerent. 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: ~~l~JrLL
NAME: Kelsey R. Hayes DEPARTMENT: Parks 8. 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:
c9-r- - Titt~Recreation Coo nator
APPROV S EXPENDITURE DISTRIBUTION
DEPART T H DAT ACCOUNT NUMBER AMOUNT
,~, ~p ~~~ 110-6248-7014 $1,500.00
CITY CL RK a D(a~E~/
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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 t:he manner Contractor performs the
services to be pertormed. Nevertheless, City may, at any time, observe the
manner in which such services are being pertormed by the contractor.
3. The Contractor shall comply with all applicable Federal, State, and local laws
and ordinances including, but not limite~9 to, unemployment insurance
benefits, FICA laws, and the City business license ordinance.