16-001 Paul Valmassy, The Fog City SwampersCITY OF
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
THIS AGREEMENT, made and entered into this 111h day of February is by and between the CITY
OF CUPERTINO (Hereinafter "CITY") and (1) Paul Valmassy; (2) The Fog City Swampers.
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
A family show performance by the Fog City Swampers at the Memorial Park Amphitheatre from
6:30pm-8:00pm. Contractor shall provide own sound system.
Check box if services are further described in an Exhibit. [ZJ
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERM: The services and/or materials furnished under this Agreement shall commence on June 9,
2016 and shall be completed no later than June 10, 2016
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$700.00 Payment shall be given to band on day of performance upon completion of performance.
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 insureds. 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.
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Short Form Agreement
• Non-Discrimination. Contractor shall not discriminative 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 Hayes DEPARTMENT: Recreation and 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.
APPROVALS EXPENDITURE DISTRIBUTION
100-61-605-700-702 $700.00
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Short Form Agreement
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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.
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Short Form Agreement