15-001 Cupertino Symphonic Band CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 /
CUPERTINO
408-777-3200 NO.
2014-2015
BY THIS AGREEMENT, made and entered into this 25th day of February, 2015 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and The Cupertino Symphonic Band;
(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 the Cupertino Symphonic Band at the Memorial Park Amphitheatre from 6:30-8:00pm. Contractor shall provide own
sound system. Payment shall be given to band on day of performance upon completion of performance.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
5
TERMS: The services and/or materials furnished under this Agreement shall commence on June 4, 201# and shall be
completed before June 5, 201#$
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $500.00
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 allegation
relating to violation of intellectual property rights, injury or damage to persons or property to the extent arising directly or indirectly out of any
negligence,error,omission, recklessness,willful misconduct of CONTRACTOR,Contractor's employees,subcontractors,agents,fellow performers
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. Prior to performance of Services, Contractor shall obtain general liability insurance with limits in amounts approved by City, which
insurance names City, its officers, employees, agents and representatives as additional insured. 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. Contractor shall not discriminate based on race,color, national origin, ancestry,religion,sexual orientation,physical disability,
mental disability,age,or gender in any activity pursuant to this Agreement.
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: Recreation & Community Services
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:
By % /-,� Y
Title Title: Recreatio Coordinator
Soc. Sec. #or Tax I.D �
APPR ALS EXPENDITURE DISTRIBUTION
DEPAWrIVIENT HEAD DATE ) QQ111LINTNUMBER AMOUNT
Il� S 100-61-605-700-702 $500.00
C CL DATE ti Irl
EXHIBIT A
1. All of the material performed by Contractor and its members shall be suitable for audience
members of all ages.
2. Either party may terminate this Agreement and all obligations hereunder at any time, with or
without cause, upon 30 days' advance written notice to the other party. City reserves the right to
terminate this Agreement immediately, upon written notice, if Contractor violates the provisions of
Paragraph 1 of this Exhibit A.
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. Contractor is solely responsible for complying with any rules or regulations of
any unions or guilds of which Contractor or its employees or members may be members.