14-001 City Boy Rock Entertainment ServicesCUPERTINO
February 13, 2014
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777 -3366
WEBSITE: www.cuper-tino.org
Re: Agreement for Contract Services
Enclosed is a fully executed copy of the above stated agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Parks and
Recreation department at 408 - 777 -3120.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF , AGREEMENT
is CITY OF CUPERTINO
10300 Tone Avenue
CUPERTINO Cupertino, CA 95014
408 -777 -3200 NO. D5�) �l
FY 2014 -2015
BY THIS AGREEMENT, made and entered into this 3rd day of February, 2014 by and between the CITY OF
CUPERTINO (Hereinafter referred to as. CITY) and City Boy Rock Entertainment LLC (DBA: Steel Horse- The
Music of Bon Jovi);
, 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 Steel Horse- The Music of Bon Jovi at the Memorial Park Amphitheatre from 6:30pm- 8 :00pm.
Contractor shall provide own sound system. Payment shall be given to band on day of performance upon
completion of performance.
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 10, 2014 and shall
be completed before July 11,, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $1,000.00
GENERAL TERMS AND CONDITIONS
Hold 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, including reasonable attorneys' fees in connection with any allegation
relating to violation of intellectual,property rights, injury or damage to persons or property to the extent arising directly or indirectly out of any
negligence, error, omission, recklessness, willful misconduct of CONTRACTOR, Contractor's employees, subcontractors, agents, fellow performers
oranyone 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. Prior to performance of Services, Contractor shall obtain general liability insurance with limits in amounts approved by City, which
insurance names City, its officers, employees, agents and representatives as additional insureds. 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. Contractor shall not discriminative based on race, color, national origin, ancestry; religion, sexual orientation, physical
disability, mental disability, age; or gender in any activity pursuant to this Agreement.
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 exE:cuting 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: 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.
Soc. Sec. # or Tax I. D 62
PPROVALS
CITY OF CUPERTINO:
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EXPENDITURE DISTRIBUTION
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$1;000.00
EXHIE311T A
1. All of the material performed by Contractor and its members shall be suitable for
audience members of all ages.
2. Either party may terminate this Agreement and all obligations hereunder at any time,
with or without cause, upon 30 days' advance written notice to the other party. City
reserves the right to terminate this Agreement immediately, upon written notice, if
Contractor violates the provisions of Paragraph 1 of this Exhibit
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. Contractor is solely responsible for complying
with any rules or regulations of any unions or guilds -of which Contractor or its
employees or members may be members.