17-001 Zydeco Flames i
CITY OF
SHORT FORM AGREEMENT
C[TY OF CUPERTINO
10300 Ton•e Avenue
� Cupertino, CA95014 �" r�
CUPERTINO 408-777-3200 NO. (�0�''�J�
This A�reeme�lt, made and entered iuto this 16th day of February,2017,(the``Effective Date") is by and
between the City of Cupertino (hereinafter"City")and Zydeco Flames,
(hereinafter"Conti•actor"), in consideration of their mutual covenants, the parties agree as follows:
A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or
materials: A family show perfonnance by the Zydeco Flames band at the Memorial Park Amphitheater, from 6:30-
8:OOpm. Contractor shall provide their own sound system. Services are further described in Exhibit"A".
3. T�.Ri�i. The services and/or materials furnished undei•this Agi•eement shall commence on June 29,20]7
and shall be completed no later than June 30,2017.
C. COMPENSATION. For the full performance of this A�reement, CITY shall pay Contractor a tota] of one
thousand seven hundred and fifty dollars($1,750.00). 50%shall be paid before perfonnance, with the remainder
50%paid on day of performance.
D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
�Exhibit'`A"- Scope of Services
❑Exhibit"B"- Acknowled�ement of Mandated Reporting Requirements, Receipt of Training, and Receipt of Penal
Code Statutes Exhibits "B"and"C" are for anyone workin�with minors
❑Exhibit"C"- City of Cupertino, Consultant Declaration
GENERAL TERMS AND COND[TIONS
1. Hold Harmless.To the extent permitted by law Contractor agrees to indemnify, defend and hold harmless City,
its officers, officials, employees, volunteel•s, agents and representatives, from and against any and al] claims,
demands, actions, causes of action, losses, damages, liabilities, or judgments kno�vn 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, i•ecklessness, 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, i•ecklessness or willful rnisconduct of City, its officers, officials, employees, volunteers,
agents or representatives.
2. Assi�nment Contractoi• may not assign, transfer, or subconh•act this Agi•eement or any portions thereof, without
prior written consent of City.
3. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City employee, or a
citizen on the basis ofrace,color,national origin,ancestry,religion,gender,sexual orientation or other protected class
of such person.
4. Iuterest of Contractor. It is understood and agreed that this Agreement is not a contract of employment and, at
all times,Contractor shal]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. City shall have no right of control
as to the manner Conti•actor performs the services to be perfor•med. Nevertheless, City may, at any time, observe the
manner in which such services are being performed by the contractoi•. Contractor- shall comply with all applicable
Feder•al, State, and ]ocal ]aws and ordi��ances including, but not ]imited to, unemployment insurance benefits, FICA
la�vs, and the City business license ordinance.
5. Changes. No changes or variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shal] be: Kelsey Hayes, Recreation and Community
Seivices.
In wimess thereof, the parties have executed this A�reement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
BY: ���J� ��w�� �� �� ���--�-�-_
' '� - B • ! e sey Hay �.�
Title: �-�` ���ti' �y�P� C� ���r��� Title: Recreation Coordinator
� ---
APPROVALS EXPENDITURE DISTRIBUTION
REC ATION MAN GER DATE ACCOUNT NUMBER I AMOUNT J
�' � .�1�%I� 6�����t�o� -��� -�� o� $�,�So.00
ITY ATT R EY APPROVED AS TO FORM DATE
��r ����� -� 1����i �
CI`�'Y LERK: �7= T DATE
� ." . -y� � �"�'' _�7
_ �
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide the following programs:
A family show performance by Zydeco Flames. Contractor shall provide their o�vn sound system.
Location and Time of CONSULTANT Services:
Location: Memorial Park Amphitheater, Cupertino
Date: Thursday, June 29, 2017
Time: 6:30-E:OOpm