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10-001 The Groove Kings Jun PP 10 05:54p Jim Gordan 408- 559 -0171 p. AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue i I Cupertino, CA 95014 ������ / (408) 777 -3200 NO. - Fiscal Year 10 -11 BY THIS AGREEMENT made and entered into on the 18 day of March, 2010 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) The Groove Kings (Hereinafter referred to as CONTRACTOR) in consideration of their mut_ial covenants, the parties hereto agrer-� as follows CONTRACTOR shall provde or furnish the following specified services and /or materials: A family show performance by The Groove Kings at Blackberry Farm from 1:00 PM - 4:00 PM. Contractor will provide own sound system. EXHIBITS: The followinc attached exhibits hereby are made part of this Agreement Exhibit A TERMS: The services and /or materials furnished under this Ag eement shall commence on July 4, 2010 ,d shall be completed before July 5, 2010. COMPENSATION: For the full performance of this Agreement. CITY shall pay CONTRACTOR $3,000.00 ( a partial payment of $1,500 is due immediately and the remaining amount of $1,500 is due on July 4, 2010) GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to defend, indemni'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 nerfonring 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 f CITY'S Director of Administrative Services. Non - Discrimination. It i:: 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 C1 I Y to any contracts or other obligations in executing this Agreement. CONTRACTOR certifies that no one who has or will have any inter-co 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 Nc; :hane,es r;r vacations of any kind are authorized without the written consent of the CITY. n� CONTRACT COORDINATOR and representative for CITY shall be. ENTERED NAiVIE. Molly M. James _ DEPARTMENT: Parks & Recreation This By: Titie. ___-- Title: Recreation Coordinator Socia: Security #: A EX.PENDIT DIST — _ _ ATF - - -- -- J - 1 $3000 00 - 110- 6220 -7014 V CLFF2K DATF ( /� / 1 Jun 22 10 05:56p Jim Gordon 408- 559 -0171 p.1 EXHIBrr A 1 . 1 - he City reserves the right to terminate this Agreement with a 30 -day notice. The contractor may terminate this Agreement with a 30 -day written notice. 2. City shall have no right of control as to t - ie manner Contractor performs the services to be performed. Nevertheless. City may, at any time, observe the manner in which such services are being performed by the contractor. 3. The Contractor shall comply with all aprlicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City businE!ss license ordinance.