12-001 Magnolia Jazz Band, Robbie SchlosserCUPERTINO
June 27, 2012
Magnolia Jazz Band
Attn: Robbie Schlosser
Re: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Enclosed is a copy of your agreement with the City of Cupertino. If you have any questions or need
additional information, please contact our office at 408-777-3223.
Sincerely,
Brittany Morales
Acting Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF AGREEMENT
CITY OF CUPERTINO a . / A . 10300 Torre Avenue -. ,
\ / J ,I tJ lY" Cupertino, CA 95014 /J7iTJ /~7 7 .n 0 V // 408-777-3200 NO. vuv.> v. /
· F'/ ll /t '2-
THIS AGRE , made and entered into this 29th day of May is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and (1) Robbie Schlosser (2) Magnolia Jazz Band
(Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRA.CTOR shall provide or furnish the following specified services and/or materials:
Roaming trio performance at Sedgwick Elementary School, 6:45-9:15pm, for a patriotic family show.
No sound system provided at Sedgwick Elementary.
Sextet onstage performance at Creekside Park, 6:45-9:15pm, for a patriotic family show. Sound
system will be provided.
Total of 9 performers provided.
City shall have no right of control as to the manner Consultant performs the services to be
performed. Nevertheless, City may, at any time, observe the manner in which such services are
being performed by the consultant. • ./2q """
~u E ~EHED
Check box if services are further described in an Exhibit. D
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N / tc
TERM: The services and/or materials furnished under-this Agreement shall commence on
July 4, 2012 and shall be completed no later than July 5, 2012 ..
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$2,400.00. ~ t~ needed ~ of 30fli....
California Labor Code, Section 1771 requirlfthe payment of prevailing wages to all workers
employed on a Public Works contract in excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other liability
of any nature, arising out of, pertaining to, or related to the performance of this Agreement by
Contractor or Contractor's employees, officers, officials, agents or independent contractors.
Contractor shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's
choice, expert fees and all other costs and fees of litigation.
Page 1of3
Short Form Agreement
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement'. Unless prior
written consent from City is obtained, only those people whose names are listed this Agreement
shall be used in the performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
(2)
(3)
Statutory coverage as required by the State of California.
liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
lf~submitted, combined single limit policy with aggregate limits in the amounts
of $1,000,000 will be considered equivalent to the required minimum limits
shown above.
Automotive: p~~~~~~~~'tefM~<bb'rAl· S~wt~~,
Comprehensive automo · iability coverage in the followi-ng-Yninimum.lirfiits:
Bodily Injury: 00,000 each occurrence
Property D $100,000 each occurrence
or
$500,000 each occurrence ··
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the· .perils for which
it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall
look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with·
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a thirty (30)-day notice. The Contractor may terminate this Agreement with or
without cause with a thirty (30)-day written notice.
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Short Form Agreement
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual
orientation 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 relationship 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. 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.
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.
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:
NAME: Kelsey R. Hayes DEPARTMENT: Parks and 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: CITY OF CUPERTINO:
By ~~
Title _______________ _
Soc. Sec. #or Tax I. D
$2,400.00
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Short Form Agreement
AUTO LIABILITY INSURANCE IDENTIFICATION CARD
AAA Northern California, Nevada & Utah
Insurance Exchange
P.O. Box 22221
Oakland, CA 94623-2221
Insured: SCHLOSSER ROBERT A OR MARY
Policy Number:
Eff. Date: 05118/2012 Exp. Date: 05/18/2013
Vehicle Make: Model Year:
VIN:
For policy changes or to report a claim, call 800 922-8228.
F863C (Rev. June 1999}