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12-001 The Cupertino Symphonic BandCUPERTINO February 14, 2012 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 . WEBSITE: www.cupertino.org The Cupertino Symphonic Band Re: Agreement Enclosed is a fully executed copy of your agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Parks & Recreation Department at 777-3120. Sincerely, Kirsten Squarcia City Clerk's Office Enclosure cc: Parks & Recreation CITY OF AGREEMENT a CUPERTINO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO~__r-7371 FY 2011-2012 BY THIS AGREEMENT, mad;-;~d entered into this 23rd day of January, 2012 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 6:30pm-8:00pm. Contractor will provide own sound system. Payment will be made on day of the performance. 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 7, 2012 and shall be completed before June 8, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $500.00 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 & Recreall£J ENTERED 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: ~~le~~~ Soc. Sec. #or Tax I. D EXPENDITURE DISTRIBUTION 110-6248-7014 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.