09-001 Toot Sweet Jazz Band AGREEMENT
CITY OF CUPEf~TINO
10300 Torre Avenue
Cupertino, CA ~~5014
~ (408) 777-3200 NO. s-~~sq
Fiscal Year g-p~
BY THIS GREEMENT made and entered into on the 6th day o1` February, 2009 by and between the.
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Toot Sweet Jazz Band
1801 Howard Ave., San Carlos, CA 94070 (650) 592••8793 (Hereinafter referred to 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 Toot Sweet Jazz Band at the Memorial Park Amphitheatre from 6:30pm-
8:OOpm. Contractor will provide own sound system.
EXHIBITS: The following attached exhibits hereby are made pert of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on
July 2, 2009 and shall be completed before July 3, 2~ . ~ , ~
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $700.00
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to defend, indemnii~y and hold harmless the CITY, its officers, agents, and
employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or
arising out of the performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing
services described herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
Insurance before commencing any services under this Agreerent. Said Certificate shall be subject to the approval of
CITY'S Director of Administrative Services.
Non-Discrimination. It is understood and agreed that this Agreement is not a contract of employment in the sense that
the relation 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: ~J~ 1 ~J L~1J
NAME: Kelsey R. Hayes ~ DEPARTMENT: Parks & 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 CUPERTINO: ~ ~ ~ y
By: ~P~~'~~ 1.--~tlt.~ y:
Title: ~ ~r,~ - Title: Recreation ordinator
Social Security#: ?~17-O~CyI- 6672
APPROVALS E):PENDITURE DISTRIBUTION
DEPARTMENT DATE P,000UNT NUMBER AMOUNT
i ~ 1.~--~ p~ ~a~ - 110-6248-7014 $700.00
CITY CLE K DATE
EXHIBIT A
1. The City reserves the right to terminate this Agreement with a 30-day notice.
The contractor may terminate this AgreE~ment with a 30-day written notice.
2. City shall have no right of control as to tine manner Contractor performs the
services to be performed. Nevertheless, City may, at any time, observe the
manner in which such services are beirn~ performed by the contractor.
3. The Contractor shall comply with all apT~licable Federal, State, and local laws
and ordinances including, but not limited to, unemployment insurance
benefits, FICA laws, and the City businE~ss license ordinance.