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12-001 Dave Crimmen OFFICE OF THE CITY CLERK � CITY HALL 10300 TORRE AVENUE •CJPERTINO, CA 95014-3255 41.1 94. sr` TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 CUP E RT I N O WEBSITE:www.cupertino.org June 28, 2012 Dave Crimmen Re: Agreement Enclosed is a copy of your agreement with the City of Cupertino. If you have any questions or need additional information, please contact our office at 403-777-3223. Sincerely, Brittany Morale Acting Senior O ice Assistant City Clerk's Office Enclosure cc: Parks & Recreation AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cuperno CA 95014 6IIIIIII;; (408) 777-3200 NO. ( Fiscal Year 1-2---1-3--- BY THIS AGREEMENT made and entered into on the 6th day of February, 2012 by and between the //— / CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Dave Crimmen (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: A family show performance by Dave Crimmen at Blackberry Farm from 12:00 PM - 3:00 PM. Contractor will provide own sound system. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A . zoI7 TERMS: T se . sand/or materials furnished under is Agreement shall commence on July 4, 20 1 d shall be completed before July 5, 20 _.�-�— ),i) ›' COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,400.00 Payment will be given to band on day of performance. __---- JO ENTERED GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to defend, indemnify 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: Molly M.James 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. -_ (" _ ■,� By. 1 � .) , Title: r4_,..A 40A-,p4-s, TI Title: Recreation Coordinat r Social Security#: APPROVALS EXPENDITURE DI TRIBUTION DEPA: ■ N -4 DAT COUNT NUMBER AMOUNT / d-2, (110-6248-7014 $2400.00 CITY ...... - lotit 6 ".02•PH:C----# //0-/-2-a coq, 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.