07-001, The Silicon Valley Houserockers
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
07- 0 0 (
NO. tfOlJtr4-l b
Fiscal Year 06-07
BY THIS AGREEMENT made and entered into on the 4th day of January, 2007 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and (1) The Silicon Valley Houserockers (2) Paul Kent
15945 Camino Del Cerro, Los Gatos, CA 95032 (408) 356-8585
(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:
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 comme~~ ENTERED
June 28, 2007 and shall be completed before June 29, 2007. U
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR.,.$OO. 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
rio 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. Hayes
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.
By:_
Title:
Social Security #:
CITY OF CUPERTINO:
~
Itle: Recreati Coordinator
APPROVALS
DEPARTMENT HEAD . m~.
CITY,o/. '
1'4 A /
I~ i t:J1 iLL
-'-
DATE
1-1/-07
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
110-6248-7014
AMOUNT
$1500.00
DATE
/-//-07
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 the manner Contractor performs the services
to be performed, nor as to the content of any artistic performance. 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, the City business license ordinance, and the provisions of Federal law
governing copyright protection found in Title 17 of the U.S. Code.
4. The Contractor shall not promote his/her business to participants registered in the
City's programs.
EXHIBIT B
1. The Contractor shall provide or furnish the following specified services and/or
materials:
Performance by The Silicon Valley Houserockers at Memorial Park
Amphitheater, 6:00pm-8:00pm, family show. Contractor to provide
own sound system.
Name: Paul Kent ~ ~ I~
The Silicon Valley HonseJr.:'---i;
Date~
Name: Kelsey R.
Recreation Coor
Date t.~. /)/
Department Head
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Date d.-I ))-10:;
Approvals
City Clerk
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Date ~/sl() 7