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04-001, Mark Russo, Mark Russo and the Classy Cats (2) . ~CJ-5--I-:l?~ dsca' Year 04-05 :: ' :' 2 7 ' . , BY THIS AGREEM ade and entered into on the 9th day of June, 2004 by and between ths----. CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Mark Russo (2) Mark Russo and the Classy Cats. AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 ulJO .- rT1:::::.o../{ p.AA \c-.. '.I \ (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: Contractor to provide 12 piece Big Band and sound technician for an outdoor performance at Cali Mill Plaza, 10:30a.m. to 1 :30p.m.Contractor to provide own sound system to be shared with the City of Cupertino's % hour park dedication ceremony. Contractor to be set up by 10:00 a.m. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on d~ July 24,2004 and shall be completed before July 25, 2004. ~~' COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR~ GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save 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 or 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._ ' .1 ~ I ~ VV\O~ ~~ \V ll(Lh'"\C1 CONTRACT COORDINATOR and representative for CITY shall be: -fa f(at1~-~,GU1) ii.~- , o'fl IAC\kluYiS .~ c;uJ~ NAME: Nancy Bennett DEPARTMENT: Parks &'"Recreation C6~ I 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: r, ( ~ TItle: I-F ^ C :'....r Social Security #: (") CITY OF CUPERTINO: --~ BY:I;~' i . Title: ~ R reation Coordinator APPROVALS ~c.L U et U L~T: 16\' _ ,/ ;/ - /' / rrJ'" _ I EXPENDITURE DISTRIBUTION ACCOUNT NUMBER 425 9313 9300 AMOUNT $2,650.00