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03-040 Manuel AguilarAGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-77'7-3200 NO. n~ 1 ~~Q BY THIS AGREEMENT made and entered into on the? 9th day of March 2003 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Manuel Aguilar 12) Address 2776 Twin Oaks Lane City San Jose Zip 95127 Phone 408-926-9440 (Hereinafter referred 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: 8-member Mariachi band will perform at Cupertino Employees Service Awards luncheon on Thursday, May lst, 2003 at 12:30 p.m. 1/2 hour performance at Quinlan Center ~~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: 10185 S. Stelling Rd. Cupt. TERMS: The services and/or materials furnished under this Agreement shall commence on Thursday, May 1, 2003 and shall be completed before _ 12:30 p.m. COMPENSATION: For the full performance of this Agreerent, CITY shall pay CONTRACTOR: $300 total compensation. ($100 deposit mailed immediately to hold date. Balance of $200 paid at day of event) GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save 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. ;3aid Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in tYle employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. 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 bean 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 CO-ORDINATOR and representative for CITY shall be: NAME DEPARTMENT This Agreement shall become effective upon its execution Icy CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERT O: \ ..~~..~ By ~ -~ E3 t t Title l~itle Secretary to the ity Manager Soc. Sec. # ~~'/.G - G~ -- ~ ~'~ APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HE DATE ACCOUNT NUMBER AMOUNT ,4 ~ 110-1200-6337 300.00 CITY CL RK ~ DATE C'-~C ~ L/ -~ - C' ~ '~' 1~ o ~ _ Linda Lagergren City Manager's Office CITY CI_I=RK COPY