08-001 SF Shakespeare FestivalAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
~~ Cupertino, CA 95014 ~,,, /- q
I I~ (408) 777-3200 NO. G1~G~.~9¢/
\' ~ Fiscal Year 08-09
BY THIS AGR~f1=NT 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 San Francisco Shakespeare Festival
P.O. Box 460937, San Francisco, CA 94146 (415) 865-4434
(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:
Free Shakespeare in the Park performances to be held in Memorial Park.
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
July 19, 2008 and shall be completed before August 3, 2008
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $30,000.00
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 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.
CONTRACT COORDINATOR and representative for CITY shall be: E~A~n
NAME: Tom Walters 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.
CONTRACTOR: CITY OF CUPERTI
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By: L ~ ~ ~ , By:
Title: ~ % ~ , . f' °~!~~~_ ,~~' Title: Recreation Supervisor
Social Security #: ~'~- ' '` ~~ ~`
APPROVALS `., A ~
EXPENDITURE DISTRIBUTION
DEPARTM DATE ACCOUNT NUMBER AMOUNT
~ 10-6248-7014 $30,000.00
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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 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.