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05-001, Curtis Funderburk, Inoahband AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue ~. . Cupertino, CA 95014 f>-f . (408) 777-3200 'V/3J6J BY THIS AGREEMENT made and entered into on the 17th day of March, 2005 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Curtis Funderburk (2) Inoahband. 1071 Fife Ave. Palo Alto, CA. 94301 650-327-7485. (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: NO. tWJ.r441~ Fiscal Year 05-06 CONTRACTOR shall provide or furnish the following specified services and/or materials: Contractor to provide performance by Inoahband at Memorial Park Amphitheatre, 6:00pm-8:00pm family show. Contractor to provide own sound system. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on July 21, 2005 and shall be completed before July 22, 2005. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $700.00 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. 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 CI~ CONTRACT COORDINATOR and representative for CITY shall be: - U ENTERED NAME: Nancy Bennett DEPARTMENT: Parks & Recreation This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have the day and year first written above. CONTRACTOR) . By: C~--j~ ~/ Title:-:zNOA H fjl1N.D Social Security #: _->(:,4-- 20, - Z If-D ~ CITY OF CUPERTINO: By: ~~~~ Title: Recreation Coordinator DATE 4, 18 .o~) DATE Y'loor EXPENDITURE DISTRIBUTION ACCOUNT NUMBER 110-6248-7014 AMOUNT $700.00 EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 3D-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. 4. The Contractor shall not promote his/her business to participants registered in the City's programs.