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14-001 Magnolia Jazz Band - Blackberry Farm Harvest Festival show/q^ 001 CUPERTINO October 21, 2014 Magnolia Jazz Band Attention: Robbie Schlosser 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 Re: Agreement for contract services. Enclosed is a fully executed copy of the above stated agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Recreation and Community Services department at 408-777-3120. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Parks & Recreation CITY OF AGREEMENT CITY OF CUPERTIN0 �n a 10300 Torre Avenue Cupertino, CA 950'0011 C U P E RT i N o 408-777-3200 NO. �v THIS AGREEMENT, made and entered into this 10th day o ctober, 2014, is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and (1) Robbie Schlosser (2) Magnolia Jazz Band. P.O. Box 2739 Sunnyvale, CA 94087; ( 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: Roaming trio performance at Blackberry Farm, 11 am-3pm, for a family show at the Harvest Festival hosted by the City of Cupertino. No sound system provided at Blackberry Farm. Total of 3 performers provided. Check box if services are further described in an Exhibit. 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 October 25, 2014 and shall be completed no later than October 26, 2014. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $1,280. Payment shall be given to band on day of performance upon completion 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 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, Page 1 of 2 Short Form Agreement 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. 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: Parks and 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 rCUPERTINO: By_ By— Title Vvt4,,5 Ce, «vim Title: APPROVALS EXPENDITURE DISTRIBUTION DEPAR NT HEAD DATE ACCOUNT NUMBER AMOUNT 110-6220-7104 $1,280.00 NE VEDA TO FORM DATE CI CLERK: ATTEST DATE 4 -2-(-N Page 2 of 2 Short Form Agreement 1 W:/:I NDW_1 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 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.