11-001 Mariachi Azteca-CITY OF AGREEMENT
/£1. I . ~ CITY OF CUPERTINO / .. 1.0 10300 Torre Avenue CUPERnN~ ~f ¥ Cu~~'.~~·7:~~~014 N~:~~~'16'
. S/IJ = . /o-.2-o !/ BY THIS AGREEMENT, made and entered into this 31 1h day of January, 2011 by and between the CITY OF J-.<J
CUPERTINO (Hereinafter referred to as CITY) and Mariachi Azteca;
(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: A family show
performance by Mariachi Azteca at the Memorial Park Amphitheatre from 6:30pm-8:00pm. Co111tractor will
provide own sound system.
EXHIBITS: The following attached exhibits hereby are made part of this Agr~ement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on J1ume 16, 2011 and shall
be completed before June 17, 2011.
COMPENSATION: For the full pe1·formance of this Agreement, CITY shall pay CONTRACTOR: $2,000.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract In oxcoss of
$1,000.00.
GENEl'lAl TERMS ANO CONDITIONS
Holcl 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, lncluding reasonable attorneys' fees ln connection with any injury or damage.
to persons or property to the extent arising directly or indirectly out of any negligence, error, omission, recklessness or willful misconduct of
CONTRACTOR, 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. Should the City require evidence of insurability, Contractor shall frle 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. No discrimination shall be made in the employment of persons under this Agreement beca.use 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 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 fhe written consent of the City. No changes or variations of any l<ind are
authorized without the written consent of the City.
CONTR.ACT COORDINATOR and representative for CITY shall be: JeJ ENTERED
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.
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EXHIBIT A
1. The 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 the 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 applicable Federal, State, and local laws
and ordinances including, but not limited to, unemployment insurance
benefits, FICA laws, and the City business license ordinance.