15-001 Diane Griego e,TY Of AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
119 Cupertino,CA 95014 a Z
408-777-3200 NO. ZU j
CUPERTINO
THIS AGREEMENT, made and entered into this 11th day of February is by and between the CITY
OF CUPERTINO (Hereinafter"CITY") and Diane Griego.
95 S. Market St. Suite 520, San Jose, CA 95113; (408) 293-6341; peter.filice@gmail.com
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
A family show performance by OTR at the Memorial Park Amphitheatre from 10:30am-12:00pm.
Contractor shall provide own sound system.
Check box if services are further described in an Exhibit. D✓
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement shall commence on July 4,
2015 and shall be completed no later than July 5, 2015
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$1,500.00, Payment shall be given to band on day of performance upon completion of
performance.
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 or anyone 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, CITY 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.
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Short Form Agreement
Nora-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 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: Kelsey Hayes DEPARTMENT: Recreation and Community Services
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: CITY
CITY OF CUPERTINO:
By 4�� 1Z
Title Title:
APPROVALS EXPENDITURE DISTRIBUTION
DE PA MENT HEAD 3132T.1 AQQQ(INT NUMBER AMOU
100-61-605-700-702 $1,500.00
CITY ATr-QRNEY APPR� RM DATE
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CITY CL ATTE T DATE
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Short Form Agreement
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.
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Short Form Agreement