04-001, Cupertino Symphonic Band
J/ \1S
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. rJT)7J -S 4 tJ tJ J>'
Fiscal Year 04-05
BY THIS AGREEMENT made and entered into on the 20th day of April, 2004 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and (1) Cupertino Symphonic Band
(
(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: Performance at
Memorial Park Amphitheatre, 6:00pm - 8:00pm family show. Contractor to provide own sound system.
40 chairs provided by the City.
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 22,2004 and shall be completed before July 23,2004.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $0.00
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 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.
CONTRACTOR:
By: _
#:
CITY OF CUPERTI~
By: M . n .
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
$0.00
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.