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25-001 2025 Summer Concert Series - Misguided SaintsCITY OF mmium I SHORT FORM ENTERTAINMENT AGREEMENT CITY OF CUPERTINO Parks & Recreation Department C U P E RT I N O 10185 N. Stelling Road Cupertino, CA 95014 408-777-3120 --USE OF THIS FORM IS ONLY VALID FOR AGREEMENTS UP TO $3,500.00-- Contractor Name: Misguided Saints Contractor Authorized Representative: Ken St. George By the signature of its Authorized Representative below, Contractor hereby agrees to the following: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials: Family show band performance for the 2025 Summer Concert Series. Contractor will provide their own sound system and all equipment for the performance. Location: Memorial Park Time: 4:00 p.m. to 9:00 p.m. (Performance Time - 6:30 p.m. to 8:00 p.m.) B. TERM. The services and/or materials furnished under this Agreement shall be provided from 6/19/2025 to 6/19/2025. C. COMPENSATION. For the full performance of this Agreement, the City of Cupertino shall pay Contractor a total of $1,350.00 in a lump sum to be paid following receipt of Contractor's invoice. D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement: - Exhibit "C" - Affidavit of No Employees GENERAL TERMS AND CONDITIONS 1. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole negligence or willful misconduct of City personnel, Contractor 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 Contractor's or Contractor's agents performance of the Scope of Services. This includes but is not limited to liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this agreement. 2. General Liability Insurance. The undersigned 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. Undersigned'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. 3. Compliance with Laws. Contractor shall comply with all laws applicable to this Agreement including, without limitation, laws regarding workers' compensation, antidiscrimination, and conflict of interest. If Contractor has no employees an affidavit to that effect shall be attached to this agreement. If the scope of work involves providing services to children, the City of Cupertino, Contractor Declaration shall be attached. 4. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without prior written consent of City. 5. Termination. City may terminate this agreement at any time. In the event of cancellation within 24 hours of the time Contractor is to begin providing services City shall pay contractor one half of the total agreement amount unless cancellation occurs after Contractor's personnel have arrived at the location where services are to be performed in which case the total contract amount shall be paid. 6. 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. 7. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT COORDINATOR and representative for CITY shall be: Christina Lopez. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date last signed below. CITY OF CUPERTINO A Municipal Corporation By", "&'(-� Name Rachelle Sander Title Director of Parks and Recreation Date May 30, 2025 APPROVED AS TO FORM: 7A aJaa MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date May 30, 2025 CONTRACTOR BY Name Kenneth St George Title Musician Date May 29, 2025 Tax I.D. No.: Refer to W9 May 5, 2020 CERTIFICATE NO.: CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. City of Cupertino, Its City Council, Boards and P O Box 744963 Commissions, Officers, Officials, Employees, Agents, Los Angeles, CA 90074-4963 Servants, Volunteers and Consultants License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: City of Cupertino TYPE: 2025 Summer Concert Series 10300 Torre Ave DATE(S): June 12, 19, 26, 2025, July 4, 10, 17, 24, Cupertino, CA 95014 31, 2025 and August 7, 14, 21,2025 LOCATION: Memorial Park, 21121 Stevens 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 MKLV7PBC001969 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2025 EXPIRATION: JANUARY 1, 2026 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,0001$3,000,000 ❑ $2,000,0001$2,000,000 Damage To Property (If purchased) Waiver of Subrogation (If Purchased) X Yes No 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, �t'v& #H�Au AUTHORIZEID REPRESENTATIVE: DATE ISSUED: 517125 ill EVANSTCN 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.orq. 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 1 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. 8. 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.10'I -consumers/120-company107- IasiMasi i.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 tw❑ 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. MPIL 1039-CA 0120 Page 2 of 2 POLICY NUMBER: MKLV7PBC001969 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, and Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG20260413 oil POLICY NUMBER: MKLV7PBC001969 MARKEL EVANSTON INSURANCE COMPANY FORMS SCHEDULE FORM NUMBER FORM NAME MJIL 1000 08 10 Policy Jacket/Signature Page MPIL 1007 01 20 Privacy Notice MPIL 1039-CA 01 20 California Surplus Lines Notice (D-2) MPIL 1041 02 20 How To Report A Claim MPIL 1083 04 15 U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC") Advisory Notice To Policyholders MDIL 1001 08 11 Forms Schedule IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement GD MEIL 1231 10 13 Minimum Earned Premium And Minimum Retained Premium MDGL 1008 08 11 BC Commercial General Liability Coverage Part Declarations CG 00 01 04 13 Commercial General Liability Coverage Form CG 02 24 10 93 Earlier Notices of Cancellation Provided By Us CG 20 01 04 13 Primary & Noncontributory - Other Ins Condition CG 20 11 0413 Additional Insured -Managers or Lessors of Premises CG 20 26 04 13 Additional Insured - Desg Person or Organization CG 21 3311 85 Exclusion - Designated Products CG 21 47 12 07 Employment Related Practices Exclusion CG 21 58 04 13 Exclusion - Professional Veterinarian Services CG 21 7001 15 Cap on Losses From Certified Acts of Terrorism CG 21 7601 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CG 21 96 03 05 Silica Or Silica -Related Dust Exclusion IL 00 17 11 98 Common Policy Conditions ESX MEGL 0241 05 16 Waiver Of Transfer of Rights Against Others to Us MEGL 1639 08 14 Excl - Aircraft and Hot Air Balloon Rides, Demos & MEGL 2300 11 19 Exclusion - Marijuana MEGL 2322 05 21 Exclusion - Communicable Disease MEGL 5300 05 16 Exclusion -Organic Pathogen And Legionellae MEGL 5302 05 16 Exclusion - Asbestos MEGL 5303 05 16 Exclusion - Lead MEIL 1200-CA 02 23 Service Of Suit - California MEIL 1225 10 11 Changes - Civil Union MEIL 1251 10 21 Two Or More Coverage Forms or Policies MGL 1319 01 16 Exclusion - Unmanned Aircraft MGL 1356 10 20 Exclusion - Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data MIL 1214 09 17 Trade or Economic Sanctions IL 12 01 11 85 Policy Changes - for CA MDIL 1000-CA 08 11 Common Policy Declarations MDIL 1001 08 11 Page 1 of 2 MEGL 0205 01 24 Abuse, Molestation, Or Exploitation Coverage -Defense Costs Within Limits MEGL 163811 19 Concert or Performance Exclusions and Limitations MEGL 1640 08 14 Exclusion - Aircraft and Watercraft Liability Assumed Under An Insured Contract MEGL 1641 05 16 Exclusion - Amusement Devices and Rides MEGL 1642 10 14 Exclusion - Boxing, Wrestling and Contact Martial Arts MEGL 164308 14 Exclusion - Entertainers, Participants and Equipment MEGL 1644 08 14 Exclusion - Fireworks, Pyrotechnics and Flashboxes MEGL 1645 08 14 Exclusion - Motorized Sporting Events MEGL 1646 08 14 Exclusion - Professional Sporting Events MEGL 1647 08 14 Exclusion - Rodeos and Roping Events MEGL 1664 08 15 Exclusion - Obstacle Course Races and Mud Runs MEGL 1851 08 14 Additional Insured - Concessionaires, Exhibitors and vendors MEGL 1852 08 14 Aggregate Limit of Insurance MEGL 1853 10 14 Broadened Insurance MEGL 1854 08 14 Damage to Property Coverage MEGL 1855 08 14 Liquor Liability Coverage MEGL 1856 10 14 Premium Reporting MEGL 1857 11 17 Primary and Noncontributing Insurance MEGL 2632 01 24 Exclusion -Abuse, Molestation, Or Exploitation MAIL 1001 08 11 Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and t2y You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG2001 0413 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rats. If the first Named Insured cancels, the refund may be less than pro rats. The cancellation will be effective even if we have not made or offered a refund. S. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; INTERLINE IL OD 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay- F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 MARKEL COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MKLV7PBC001969 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Waiver is provided to a state or municipal public entity when required for an individual "Tenant/User Event" or "Instructor/Recreation Event", and when this waver has been elected and purchased for that individual event. A Tenant/User Event is an event that is held or sponsored by companies, organizations, or individuals that have been permitted to use your premises. An Instructor/Recreation Event is an event that is instructional to its participants. Instructors are not employees of the public entity, but provide instructional services for a fee. Additional Premium: $150 per Tenant/User or Instructor/Recreation Event The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule of this endorsement with respect to written contracts that exist between you and such person or organization, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. MEGL 0241 5 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. EXHIBIT C AFFIDAVIT OF NO EMPLOYEES State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of Misguided Saints. I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 29 day of May , 2025, at Sunnyvale , California. Kenneth St George PRINT NAME SIGNATURE 2025 Summer Concert Series - Misguided Saints Final Audit Report 2025-05-30 Created: 2025-05-19 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAEdCyADx3xd956uFa30ZeUdiaNOkvg38Z "2025 Summer Concert Series - Misguided Saints" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-05-19 - 5:32:25 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-05-19 - 5:37:15 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-05-19 - 5:37:22 PM GMT- IP address: 52.1.140.55 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-05-20 - 0:20:07 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to for signature 2025-05-20 - 0:20:09 AM GMT Email viewed by 2025-05-29 - 11:35:41 PM GMT- IP address: 67.176.52.247 Signer entered name at signing as Kenneth St George 2025-05-29 - 11:40:58 PM GMT- IP address: 67.176.52.247 d4 Document e-signed by Kenneth St George ( Signature Date: 2025-05-29 - 11:41:00 PM GMT - Time Source: server- IP address: 67.176.52.247 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-05-29 - 11:41:03 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-05-29 - 11:41:13 PM GMT- IP address: 52.1.140.55 Powered by Adobe c�rerrrinv Acrobat Sign 650 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-05-29 - 11:46:29 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2025-05-29 - 11:46:34 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2025-05-29 - 11:46:43 PM GMT- IP address: 52.1.140.55 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2025-05-30 - 7:37:37 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-05-30 - 7:37:39 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-05-30 - 7:37:48 PM GMT- IP address: 52.1.140.55 140Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-05-30 - 8:42:30 PM GMT - Time Source: server- IP address: 176.108.138.169 L*% Agreement completed. 2025-05-30 - 8:42:30 PM GMT Powered by FM- I � Adobe cvrLr Ihv Acrobat Sign