07-001, Robbie Schlosser, Magnolia Jazz Band
NO. "WJ~SS- ;;S"
Fiscal Year-60-0r DI-06
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BY THIS AGREEMENT made and entered into on the 4th day of November, 2002 by and between the CITY
OF CUPERTINO (Hereinafter referred to as CITY) and (1) Robbie Schlosser (2) Magnolia Jazz Band
P.O. Box 2739 Sunnyvale, CA 94087 (408) 245-9120
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto
agree as follows:
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
07-00!
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Roaming Trio Performance at three separate sites, 6:45pm-9:15pm, for a patriotic family show. Total of
9 performers provided. No sound system provided.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Exhibit B
TERMS: The services and/or materials furnished under this Agreement shall commence on
July 27, 2996 and shall be completed before duly 28, 299&:- u,u.
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COMPENSATIO~: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,400.00
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.
NAME: Kelsey Hayes
DEPARTMENT:
_lEJ ENTERED
Parks & Recreation
CONTRACT COORDINATOR and representative for CITY shall be:
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:
By:_ ~J~
Title: ~' f#dM~~A-'1-'~bMJv
Social Security : 'PS' - a l{-- 3 Lf't{ 3
CITY OF CUPERTINO:
(.~By~~P11a~<Y\
. . Tifie: Recreat on Coordin or
APPROVALS
DEPARTMENT HEAD
"-If'\.- fyv L-
CITY CLERK
AMOUNT
$2,400.00
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. 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.
4. The Contractor shall not promote his/her business to participants registered in the
City's programs.
EXHIBIT B
Sites:
Hyde Middle School- 19325 Bollinger Rd. Cupertino (Trio to roam and throughout the
venue performing patriotic songs / Jazz from 6:45pm to 9:15pm)
Site manager: Susan Lewis
Sedgwick Elementary-19200 Phil Ln. Cupertino (Trio to roam and throughout the venue
performing patriotic songs / Jazz from 6:45pm to 9:15pm)
Site manager: Christine Hanel
Creekside Park-Miller Ave. Cupertino (Trio to roam and throughout the venue
performing patriotic songs / Jazz from 6:45pm to 9:15pm)
Site manager: Tom Walters
Contact information of Trio leaders to be provided by Robbie Schlosser.