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16-001 Diane GriegoCITY OF fl CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. ------ THIS AGREEMENT, made and entered into this 1ih day of February is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Diane Griego. 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. [2J 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, 2016 and shall be completed no later than July 5, 2016. 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, 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. Page 1of3 Short Form Agreement Non-Discrimination. Contractor shall not discriminative based on race, color, national origrn, 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. CONTRAR\R: , By~~~ Title __ u~ 1.J0'--~"'-'-'=-'=-~__.,,, 1~,,,.._ _ __,_._ ____ _ APPROVALS DATE °' ~ CITY ATTORNEY APPROVED AS TO FORM DATE ) }1 DATE 3 ·-/{JJ r{{o Page 2of3 Short Form Agreement CITY OF CUPERTINO: ~-­~~ EXPENDITURE DISTRIBUTION 100-61-605-700-702 $1,500.00 • < 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. Page 3of3 Short Form Agreement