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17-001 The Killer Queens 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 16th day of February,2017,(the"Effective Date") is by and between the City of Cupertino(hereinafter"City")and The Killer Queens5432 (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 Killer Queens band at the Memorial Park Amphitheater, from 6:30- 8:00pm. Contractor shall provide their own sound system. Services are further described in Fxhibit "A" B. TERM. The services and/or materials furnished under this Agreement shall commence on July 13.2017 and shall be completed no later than July 14, 2017. C. COMPENSATION. For the full performance of this Agreement, CITY shall pay Contractor a total of two thousand dollars(S2,000.00). Payment shall be given to band on day of performance upon completion. D. EXHIBITS. The following attached exhibits hereby are made part ofthis Agreement: ®.Exhibit"A"-Scope of Services OExhibit"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 O 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. Stich 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 r_epresetwives 2. AssiEnment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without prior written consent of City. 3. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City emplovee, 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. Chanties. No changes or variations of any kind are authorized without the written consent of the City. i i I 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: 4:-� Kelsey Haye Title: A dv&i^y Title: Recreation Coordinator APPROVALS EXPENDITURE DISTRIBUTION R EATION NAGER DTE ACCOUNT NUMBER AMOUNT �����(7 �b6 '(Ql• (��5 1�1 -1 p2. S2,000.00 CITY ATTORNEY APPROVED AS TO FORM DATE CITY CLERK: T DATE ^2©— i EXHIBIT A j CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide the following programs: A family show performance by The Killer Queens band. Contractor shall provide their own sound system. Location and Time of CONSULTANT Services: Location: Memorial Park Amphitheater, Cupertino Date: Thursday,July 13, 2017 Time: 6:30-8:OOpm I i