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84-047 Laser Productions - Laser Light Show 4th of July @ Memorial Park�� z✓ (ATTACHME ACT1-48 • -T (.0 V C)o w cr; -To e-xC EC -p *111, OOC-)� City of Cupertino Q t s� AGREEMENT ..NO. 1 3 6q BY THIS AGREEMENT made and entered into on the 20th day of ,June 1984 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1)_ 1dser Prndurtions (2) Address 2.1.250 Stevens Creek Blvd City_ Cupertino Zip 95[114 Phone (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Exhibit C DELIVERY: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, B, & C TERMS The services and/or materials furnished under this Agreement shall commence on �_�_$4 and shall be completed before 7-5_84 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: Exhibit A GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per- formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability 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. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation 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 CO-ORDINATOR and representative for CITY shall be: Name Steve Dowling Department Parks and Recreation Address_- P- 0- Box 5BO Cupertino, CA 95014 Telephone (408) 253-2060 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 OF CUPERTINO: �. By B Title Title v.rrKvv HL�o ent Head Date Ci Cl ! Date NAME: Fred Read EXHIBIT A (services) 1. The services to be performed by CONTRACTOR: Laser Light Show 2. The times and places CONTRACTOR will perform the services: July 4th, 1984; 9:30 .m. at Memorial Park •3. The number and eligibility of persons to receive the services: N/A 4. Fee to CONTRACTOR for services: $6,000.00 - $3,000.00 to be paid by June 22, 1984, and $3,000.00 to be paid on July 4, 1984 before the performance. E'UHIBIT B (special provisions) 1. In the event that Contractor has employees who will assist in the performance of this ?,gr,ement, Contractor shall file with City a Certificate of Workman's Compensation Insurance and of current 7.3. test for those instructing persons 18 years and younger. ?. In the event that less han NA persons shall request and pay for the services prior to the agreed upon time for the commencement of services to be performed by Contractor, upon written notice to City, may cancel and withdraw from this Agreement. 3. City shall have no right of control as to the manner Contraccor performs the services to be performed. NEVERT?+EI.ESS, City may, at any time, observe the man. e= in which such Services are being perfo=ed by Contractor. 4. The Contractor shall comply with all s.pplicable Federal, State, and local laws and or�iaances including, but not limited co, unemp'ovemnc insurance benefits, F.I.C.A. laws, the city business license ordinance, and a current T.B. test for all contractors and their employees who will be instructing persons 18 years and younger. Exhibit C Laser Productions shall provide: One 1.3 watt four color Krypton laser projection system with laser graphics computer; effects to include scanned, diffracted and interferometric effects. One 5 watt argon projection system with laser graphics computer; effects to include scanned, diffracted and raw beam sequencer, Raw beams will be targeted to beam absorbers or mirrors on light stands in the park plus distant targets such as Flint Center upper front wall (upon clerance from De Anza). One 4mw Helium Neon laser to be manually operated. Sound track production on 2" recording equipment, z" tape recorder for play back of sound track. Sound track to include a mixture of traditional patriotic music and contemporary music styles. Scaffolding for both laser locations to elevate laser projectors at least three meters for safety. Reports compiled, drafted and filed to the F.D.A. and F.A.A. to ensure safety. If upon the event of an "act of God" the laserdisalay is unable to be performed, Laser Productions will retain $2900.00 as a minimal coverage to their expenses. Upon the event of major equipment failure, Laser Productions will refund payment for that portion of the performance omitted due to breakdown. (percentage of loss to be decide by Laser Productions) DeAnza College Planetarium, Cupertino, CA 95014 Exhibit C The City of Cupertino shall provide: 208 v.a.c. 3 phase power with ground to each laser 5 gal./min. water flow to each laser Water curtains over pond. Sound system. Page 2 Assistance in set up/rehearsal Tuesday A.M. and P.M. Guard for laser equipment. DeAnza College Planetarium, Cupertino, CA 95014