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09-001 The San Francisco Shakespeare FestivalAGREEMENT CITY OF CUf~ERTINO 10300 Torre Avenue ;~~ Cupertino, C,A 95014 3 ~' I (408) 7'77-3200 NO. ~7~ .~6 ~~~ ~.i Fiscal Year 6S~'9-~ p~..l~ BY THIS AGREEMENT made and entered into on the 4th day of January, 2007 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) The San Francisco Shakespeare Festival P.O. Box 460937, San Francisco, CA 94146 (415) 865-4434 (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: Free Shakespeare in the Park performances to be held in Memorial Park. EXHIBITS: The following attached exhibits hereby are m~~de part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on August 8, 2009 and shall be completed before August 2~t, 2009 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $30,000.00 GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to defend, indemnify 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 Agreement. Said Certificate shall be subject to the approval of CITY'S Director of Administrative Services. Non-Discrimination. It is understood and agreed that tr~is 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 tFie written consent of the CITY. CONTRACT COORDINATOR and representative for CIT~>' shall be: NAME: Tom Walters ~y~ DEP~~RTMENT: Parks & Recrea ' n 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: CITY OF CUPERTINO: ,` ~'~ fay: ray: Title: ~ Title: Recreation Supervisor Social Security #: ~ ~ ;~~ iE7~ APPROVALS EXPENDITURE DISTRIBUTION DATE DEPARTME T ' ~ ~ 1 10 6248 7014 $30,000 00 CITY CL K DATE © ~ d~ U v ~ ~~