13-001 Zydeco Flames OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
�cyt'19s4' TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
CUPERTINO WEBSITE:www.cupertino.org
February 28, 2013
Zydeco Flames
Re: Agreement
Enclosed is a copy of your agreement with the City of Cupertino. If you have any questions or
need additional information, please contact our office at 408-777-3223.
Sincerely,
Brittany Carey
Senior Office Assi t
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF AGREEMENT
CITY OF CUPERTINO
4SZ.1'ts C u 00 03 Tor Avenue ry
rt eino, CA re 95014
CUPERTINO 408-777-3200 NO. L '—
FY 2012-2013
BY THIS AGREEMENT, made and entered into this 30th day of January, 2013 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Zydeco Flames;
(Hereinafter referred 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: A family show
performance by Zydeco Flames at the Memorial Park Amphitheatre from 6:30pm-8pm. Contractor will provide
own sound system.
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 June 13, 2013 and shall
be completed before June 14, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,500.00
Payment will be given to band on day of performance.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify,defend and hold harmless CITY,its officers,officials,
employees,volunteers,agents and representatives,from and against any and all claims,demands,actions,causes of action, losses,damages,
liabilities,or judgments known or unknown,and all costs and expenses,including reasonable attorneys'fees in connection with any injury or damage
to persons or property to the extent arising directly or indirectly out of any negligence,error,omission, recklessness or willful misconduct of
CONTRACTOR,or anyone for whom CONTRACTOR is legally liable in relation to the performance of services under this Agreement.
Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, recklessness or willful
misconduct of CITY,its officers, officials,employees,volunteers,agents or representatives.
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. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin,ancestry,religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship 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:
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.
CONTRACTOR: CITY OF CUPERTINO:
APPROVALS. / EXPENDITURE DISTRIBUTION
DEPARTMEpr s 1 DATE ACCOUNT NUMBER AMOUNT
.
__ 110-6248-7014 $2,500.00
it rrr /
CA*1 MI V •
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.
Form W-9
(Rev.January 2011)
Request fair Taxpayer Give Form to the
(Rev.January the 2011)Treasury
Identification Number and Certification requester.Do not
Internal Revenue Service
send to the IRS.
Name(as shown on your income tax return)
N Business name/disregarded entity name,if different from above
w z yDEL0 FLAMES
°- Check appropriate box for federal tax
c
o classification(required):
a o ❑Individual/sole proprietor ❑ C Corporation ,��
c ❑S Corporation t1d Partnership ❑Trust/estate
4`«
0 2 ❑
111 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)•
Exempt payee
c c
a; ❑ Other(see instructions)•
!_
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a
I I
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other I _I I I _
entities, is your employer identification number(EIN).If you do not have a number,see How to get a
TIN
n on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
—Part H Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. I am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4.
Sign I Signature of
Here U.S.person►
Date• 3 caQ /
General Instructions Note.If a requester gives you a form other than Form W-9 to request
Section references are to the Internal Revenue Code unless otherwise your TIN,you must use the requester's form if it is substantially similar
noted. to this Form W-9.
Purpose of Form Definition of a U.S.person.For federal tax purposes,you are
considered a U.S.person if you are:
A person who is reuired to •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identificaftion number an (TIN)to report,for st
obtn •A
example,income paid to you,real estate transactions,mortgage interest partnership,corporation,s company,r undr thor e laws association created Sr
organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation
of debt,or contributions you made to an IRA. •An estate(other than a foreign estate),or
Use Form W-9 only if you are a U.S.person(including a resident •A domestic trust(as defined in Regulations section 301.7701-7).
alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or
requester)and,when applicable,to: bus ness in the United States are generally required to pay a withholding
1.Certify that the TIN you are giving is correct(or you are waiting for tax on any foreign partners'share of income from such business.
number to be issued), Furtner,in certain cases where a Form W-9 has not been received,a
2.Certify that you are not subject to backup withholding,or partnership is required to presume that a partner is a foreign person,
3.Claim exemption from backup withholding if you are a U.S.exempt partner in the partnership conducting Therefore,trade oor business inpthe United is a
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business stags and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat.No.10231X
Form W-9(Rev.1-2011)