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04-001, Mark Russo, Mark Russo and the Classy Cats (4) AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 NO. tJ7}'lJ 5/ Ie:? ? Fiscal Year 04-05 ' BY S AGREEMENT made and entered into on the 9th day of June, 2004 by and between the CITY 0 PERTINO (Hereinafter referred to as CITY) and (1) Mark Russo (2) Mark Russo and the Classy Cats. (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall proYide or furnish the following specified services and/or materials: Contractor to provide 12 piece Big Band and sound technician for an outdoor performance at Cali Mill Plaza, 10:30a.m. to 1:30p.m. Contractor to provide own sound system to be shared with the City of Cupertino's % hour park dedication ceremony. Contractor to be set up by 10:00 a.m. 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 24,2004 and shall be completed before July 25,2004. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,650.00 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 eyery 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 eyidence 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 approyal of CITY'S Director of Administratiye 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 CITY. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Nancy Bennett 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. CO;;IJ: Title: ^ 0 <-, Social Security #: { CITY OF CUPERTINO: By:-/~~J Title:' R reation Coordinator D T:".I 1~ 7-0 cf EXPENDITURE DIST ACCOUNT NUMBER 425 9313 9300 AMOUNT $2,650.00 AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 _. ~ . I ' 'lc2. ) (408) 777-3200 ~e:--u ':>~/c Cf!scal Year 04-05 . BY THIS AGREEMENT made and entered into on the 9th day of June, 2004 by and between the-- CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Mark Russo (2) Mark Russo and the Classy Cats. -t7~.... () {J ,1 , \ d/~/I ) (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: Contractor to provide 12 piece Big Band and sound technician for an outdoor performance at Cali Mill Plaza, 10:30a.m. to 1 :30p.m. Contractor to provide own sound system to be shared with the City of Cupertino's 1f2 hour park dedication ceremony. Contractor to be set up by 10:00 a.m. 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 24,2004 and shall be completed before July 25, 2004. -'~--~'< COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRAcTOR8 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 CITY. '_ \ ~ I ~ \J\\e~ \s.:. \\I V101/~/1 CONTRACT COORDINATOR and representative for CITY shall be: .to tl~' I l:~UU l\;~ " & 1 lA~{)S V ~dJa~ NAME: Nancy Bennett DEPARTMENT: Parks ~ecreation C04 I 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. "{ CITY OF CUPERTINO: _.~ By: ~;."". . Title:; R reation Coordinator APPROVALS ~c..t u (J, (,J D TE I iii A .1"." (s:; ~ CJ 8 -() Lj AMOUNT $2,650.00 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 3D-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.