17-001 Philip Wiseman CITY OF
SHORT FORM AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,CA95014 {
CUPERTINO 408-777-3200 NO.
This Agreement,made and entered into this 9th day of February,2017,(the"Effective Date") is by and
between the City of Cupertino(hereinafter"City")and Philip Wiseman,
(hereinafter"Contractor"), in consideration of their mutual covenants,the parties agree as follows:
A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or
materials: A family show performance by the Phil `n The Blanks band at the Memorial Park Amphitheater, from
6:30-8:00pm. Contractor shall provide their own sound system. Services are further described in Exhibit"A".
B. TERM.The services and/or materials furnished under this Agreement shall commence on June 22,2017
and shall be completed no later than June 23,2017.
C. COMPENSATION. For the full performance of this Agreement,CITY shall pay Contractor a total of one
thousand two hundred dollars($1,250.00).Payment shall be given to band on day of performance upon completion.
D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
xhibit"A"- Scope of Services
❑ xhibit"B"-Acknowledgement of Mandated Reporting Requirements,Receipt of Training,and Receipt of Penal
Code Statutes Exhibits"B"and"C"are for anyone working with minors
El Exhibit"C"-City of Cupertino,Consultant Declaration
GENERAL TERMS AND CONDITIONS
1. 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.
2. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without
prior written consent of City.
3. Nan-Discriminatian. Contractor s;ul'• ^ot discrimina±-- against a job applicant, employee. City employee, or a
citizen on the basis of race,color,national origin,ancestry,religion,gender,sexual orientation or other protected class
of such person.
4. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment and, 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. 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. 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.
5. Changes. No changes or variations of any kind are authorized without the written consent of the City.
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CONTRACT CO-ORDINATOR and representative for CITY shall be: Kelsey Hayes, Recreation and Community
Services.
In witness thereof,the parties have executed this Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
By: G%yG L%"��Ca By: Kelsey H es
Title: � ���' //i�/? T�e ��d�I�'� Title: Recreation Coordinator
12 1;7d
APPROVALS EXPENDITURE DISTRIBUTION
REC A ION MA GER DATE ACCOUNT NUMBER AMOUNT
J'////?L /DO-W-(IOC700-7oZ $1250.00
�() CITY ATT07Y APPROVED AS TO FORM DATE
CI CLERK• 1;T T% DATE
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EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide the following programs:
A family show performance by the Phil `n The Blanks band. Contractor shall provide their own sound system.
Location and Time of CONSULTANT Services:
Location: Memorial Park Amphitheater, Cupertino
Date: Thursday,June 22, 2017
Time: 6:30-8:OOpm
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