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04-001, Robbie Schlosser, Magnolia Jazz Band NO. tJrJD-r3 96 7 Fiscal Year (M-05 t-J8 00 -D"t BY THIS AGREEMENT made and entered into on the 5th day of April, 2004 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Robbie Schlosser (2) Magnolia Jazz Band PO 2739 Sunnyvale, CA 94087. (408) 245-9120. (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 CONTRACTOR shall provide or furnish the following specified services and/or materials: Roaming Trio Performance at three separate sites, 6:45pm - 9:15pm, for a patriotic family show. Total of 9 performers provided. No sound system provided. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Exhibit B. y-. - TERMS: The services and/or materials furnished under this Agreement ShalJ. mi.................. \ July 4,2004 and shall be completed before July 05,2004. 1 ;~:O~~~SAT10N: For the full performance of this Agreement. C1TY~hall.~! ~ONTR ,CTOR: 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 performance 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. 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 COORDINATOR and representative for CITY shalllJe: NAME: Nancy Bennett DEPARTMENT: Parks & Recreation 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: BY~S~ ~ Title: ~CiA.J~J3~ Social ec rity #: CITY OF CUPERTINO: BY:~~ Title: Recreation Coordinator EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 110-6448-7014 $2,400.00 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. 4. The Contractor shall not promote his/her business to participants registered in the City's programs. EXHIBIT B Sites: Hyde Middle Schoo1- 19325 Bollinger Rd. Cupertino (Trio to roam and throughout the venue performing patriotic songs / Jazz from 6:45pm to 9:15pm) Site manager: Julia Lamy Sedgwick E1ementary-19200 Phil Ln. Cupertino (Trio to roam and throughout the venue performing patriotic songs / Jazz from 6:45pm to 9:15pm) Site manager: Christine Hanel Creekside Park-Miller Ave. Cupertino (Trio to roam and throughout the venue performing patriotic songs / Jazz from 6:45pm to 9:15pm) Site manager: Tom Walters Contact information of Trio leaders to be provided by Robbie Schlosser.