24-001 Summer Concert Series - MOU - Cupertino Symphonic BandMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND CUPERTINO SYMPHONIC BAND
REGARDING 2024 SUMMER CONCERT SERIES PERFORMANCE
This Memorandum of Understanding (“MOU”) is between the City of Cupertino (“City”) and
Cupertino Symphonic Band (“Organization”) (together, the “Parties”) for a performance at the 2024
Summer Concert Series (“Program”).
WHEREAS, the City and the Organization desire to enter this MOU to produce the Program, to benefit
the general public; and
WHEREAS, the City and the Organization have determined that it is to their mutual advantage to enter
into this MOU, which will outline the obligations of the Parties to produce the Program and an MOU
is necessary to outline the purpose of this collaboration;
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is
mutually understood and agreed by and between the parties hereto as follows:
1. Term
a. This MOU is effective on June 6, 2024 (“Effective Date”) and will remain in effect through
June 6, 2024 (“Expiration Date”). City may terminate the contract for cause or without
cause at any time and will notify Organization as soon as possible.
2. City Obligations
a. Reserve the Memorial Park Amphitheater on Thursday, June 6, 2024, from 3:00 p.m. to
10:00 p.m. for the Program. To ensure there will be enough parking available for
attendees, will block out other reservable sites, rooms, and locations as necessary at the
Quinlan Community Center and Memorial Park.
b. Prepare, distribute, and post marketing materials such as flyers, a-frame signs, an article
in the Cupertino Recreation Brochure, and social media content to advertise for the
Program.
c. Provide a water jug for Organization during the event.
d. Provide staffing to be present for broad support during the length of the Program.
3. Organization Obligations
a. Provide a band performance for the Program on Thursday, June 6, 2024, from 6:30 p.m.
to 8:00 p.m. If needed, setup may begin as early as 5:00 p.m. before the performance
begins and cleanup after the performance will need to conclude by 9:00 p.m.
b. Provide, setup, and takedown all necessary equipment for the performance, including
chairs for performers, sound system, microphones, etc.
4. Compensation
a. The services described above are provided by the Parties as a service to the community.
Unless otherwise mutually agreed upon in writing by the parties, the City will not
compensate Organization (i.e., provide remuneration to) for the services described
above.
5. General Provisions
a. Indemnification. To the fullest extent allowed by law and except for losses caused by the
sole and active negligence or willful misconduct of City personnel, Organization agrees
to indemnify, defend, and hold harmless the City, its City Council, boards and
commissions, officers, officials, employees, agents, servants, volunteers, and contractors
(collectively, “Indemnitees”), through legal counsel acceptable to City, from and against
any liability for damages, claims, actions, causes of action, demands, charges, losses,
costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation, arbitrations, administrative, and regulatory proceedings), of every nature,
arising out of or in any way related to Organization’s or Organization’s agents
performance of this MOU. This includes but is not limited to Liability resulting in
personal injury, death, property damage, or economic losses. Organization must pay any
costs City may incur in enforcing this provision and must accept a tender of defense
upon receiving notice from City. This provision shall survive termination of the MOU.
b. Insurance. The Organization shall maintain general liability insurance in an amount not
less than one million dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage. Organization’s general liability policies shall be endorsed
to provide that City and its officers, officials, employees, and agents shall be additional
insureds under such policies.
c. Entire Agreement. This MOU represents the full and complete understanding of every
kind of nature between the Parties, and supersedes any other agreement(s) and
understanding(s), either oral or written, between the Parties.
d. Amendment. Any amendment to or modification of this MOU will be effective only if in
writing and signed by each Party’s authorized representative. No verbal agreement or
implied covenant will be valid to amend or abridge this MOU.
e. Governing Law and Venue. This MOU is governed by the laws of the State of California.
Any lawsuits files related to this MOU must be filed with the Superior Court for the
County of Santa Clara, State of California.
f. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU.
g. Headings. The headings in this MOU are for convenience only, are not a part of the
MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU.
h. Severability / Partial Invalidity. If any term or provision of this MOU, or its application
to a particular situation, is found by the court to be void, invalid, illegal, or
unenforceable, such term or provision shall remain in force and effect to the extent
allowed by such ruling. All other terms and provisions of this MOU or their application
to specific situations shall remain in full force and effect. The Parties agree to work in
good faith to amend this MOU to carry out its intent.
i. Survival. All provisions which by their nature must continue after the MOU expires or
is terminated shall survive the MOU and remain in full force and effect.
j. Notices. All notices, requests, and approvals must be sent in writing to the persons
below, which will be considered effective on the date of personal delivery; or the date
confirmed by the reputable overnight delivery service; or on the fifth calendar day after
deposit in the United States Mail, postage prepaid; or the next business day following
submission by electronic mail:
To City of Cupertino
10185 North Stelling Road
Cupertino, CA 95014
Attention: Christina Lopez
Contact Info: (408) 777-1308
christinal@cupertino.gov
To Cupertino Symphonic Band
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF the Parties have executed this Memorandum of Understanding which shall
become effective upon the date of the execution of the MOU by all parties.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
Cupertino Symphonic Band
Thomas J. Brown
Past President
May 17, 2024
Christopher D. Jensen
Rachelle Sander
Director of Parks and Recreation
May 17, 2024
May 17, 2024
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: -
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with
Apex Insurance Services
P O Box 744963
Los Angeles, CA 90074-4963
License No: OC 36861
NAMED INSURED (EVENT HOLDER):
City of Cupertino, its City Council, Boards and Commissions
Officers, Officials, Employees, Agents, Servants, Volunteers
and Consultants
10300 Torre Ave
Cupertino, CA 95014
EVENT INFORMATION:
TYPE: 2024 Summer Concerts
DATE(S): June 6, 13, 20, 27, 2024 & July 4, 11, 18,
25, 2024 and August 1, 8, 2024
LOCATION: Memorial Park, 21121 Sevens Creek
Blvd, Cupertino CA 95014
*Liquor Liability Yes No
**Liquor Liability after 12 am ends before 2 am
This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy
period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless
amended as described in Special Conditions.
INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2024 EXPIRATION: JANUARY 1, 2025
COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products & Completed Operations
Personal & Advertising Injury
Each Occurrence Limit
Damage To Premises Rented To You (Any One Premises)
Medical Payments (Any One Person)
Liquor Liability (If purchased)
Optional Limits Purchased
$1,000,000/$3,000,000
$2,000,000/$2,000,000
Damage To Property (If purchased)
$ 2,000,000
1,000,000
1,000,000
1,000,000
100,000
5,000
1,000,000
OCCURRENCE FORM
DEDUCTIBLE: NONE
SPECIAL CONDITIONS:
The following endorsements attached to
the Master Policy do not apply to this
Certificate Of Insurance:
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event.
OTHER ADDITIONAL INSUREDS
CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy
provisions.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: 5/6/24
MPIL 1039-CA 01 20 Page 1 of 2
EVANSTON INSURANCE COMPANY
IMPORTANT NOTICE
CALIFORNIA SURPLUS LINES NOTICE (D-2)
1. The insurance policy that you have purchased is being issued by an
insurer that is not licensed by the State of California. These companies
are called “nonadmitted” or “surplus lines” insurers.
2. The insurer is not subject to the financial solvency regulation and
enforcement that apply to California licensed insurers.
3. The insurer does not participate in any of the insurance guarantee
funds created by California law. Therefore, these funds will not pay
your claims or protect your assets if the insurer becomes insolvent
and is unable to make payments as promised.
4. The insurer should be licensed either as a foreign insurer in another
state in the United States or as a non-United States (alien) insurer. You
should ask questions of your insurance agent, broker, or “surplus
line” broker or contact the California Department of Insurance at the
toll-free number 1-800-927-4357 or internet website
www.insurance.ca.gov. Ask whether or not the insurer is licensed as a
foreign or non-United States (alien) insurer and for additional
information about the insurer. You may also visit the NAIC’s internet
website at www.naic.org. The NAIC – the National Association of
Insurance Commissioners – is the regulatory support organization
created and governed by the chief insurance regulators in the United
States.
5. Foreign insurers should be licensed by a state in the United States
and you may contact that state’s department of insurance to obtain
MPIL 1039-CA 01 20 Page 2 of 2
more information about that insurer. You can find a link to each state
from this NAIC internet website: https://naic.org/state_web_map.htm.
6. For non-United States (alien) insurers, the insurer should be
licensed by a country outside of the United States and should be on
the NAIC’s International Insurers Department (IID) listing of approved
nonadmitted non-United States insurers. Ask your agent, broker, or
“surplus line” broker to obtain more information about that insurer.
7. California maintains a “List of Approved Surplus Line Insurers
(LASLI).” Ask your agent or broker if the insurer is on that list, or view
that list at the internet website of the California Department of
Insurance: www.insurance.ca.gov./01-consumers/120-company/07-
lasli/lasli.cfm.
8. If you, as the applicant, required that the insurance policy you have
purchased be effective immediately, either because existing coverage
was going to lapse within two business days or because you were
required to have coverage within two business days, and you did not
receive this disclosure form and a request for your signature until after
coverage became effective, you have the right to cancel this policy
within five days of receiving this disclosure. If you cancel coverage,
the premium will be prorated and any broker’s fee charged for this
insurance will be returned to you.
MOU - 2024 Summer Concert Series -
Cupertino Symphonic Band
Final Audit Report 2024-05-17
Created:2024-05-16
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAzU14dyMdmaylySxdoQ7CemXsBco_2AfG
"MOU - 2024 Summer Concert Series - Cupertino Symphonic B
and" History
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Agreement completed.
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