13-001 Cupertino Symphonic Band / OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
4c,hj'�94, TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
CU P S RT I N O WEBSITE:www.cupertino.org
May 29, 2013
Cupertino Symphonic Band
Re: Agreement
Enclosed is an original copy of your agreement with the City of Cupertino. If you have any
questions or need additional information, please contact the Parks and Recreation
Department at 408-777-3120.
Sincerely,
itC116-1
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF AGREEMENT
JP"\ CITY OF CUPERTINO
10300 Torre Avenue
4,„-( Cupertino, CA 95014 / — p� 1
NO.G ��U 7`/
\i/CUPERTINO. / 408-777-3200
l Y
THIS AGREEMENT, made and entered into this 5th day of March is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and The Cupertino, Symphonic Band
Hereinafter "CONSULTANT"), in consideration of their mutual covenants, the parties agree as
follows:
CONSULTANT shall provide or furnish the following specified services and/or materials:
A family show performance by The Cupertino Symphonic Band at the Memorial Park
Amphitheater from 6:30-8:OOpm on June 6, 2013. Contractor will provide their own sound
system. Payment wiii be made on the day of the performance.
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: NIA
TERM: The services and/or materials furnished under this Agreement shall commence on
June 6, 2013 and shall be completed no later than June 7, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
$500.00
California Labor Code, Section 1771 requires the 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. Consultant 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
Consultant or Consultant's employees, officers, officials, agents or independent Consultants.
Consultant 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 litligation.
Subcontracting. Consultant has been retained due to their unique skills and Consultant 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.
Page 1 of 3
Short Form Agreement
Assignment. Consultant may not assign or transfer this Agreement, without prior written consent
of CITY.
Insurance. Consultant shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Consultant 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, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to subrogation which
any such insurer of said Consultant 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 seven (7)-day notice. The Consultant may terminate this Agreement with or
without cause with a seven (7)-day written notice.
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
Page 2 of 3
Short Form Agreement
Interest of Consultant. 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, Consultant shall be deemed to be an independent Consultant and
Consultant is not authorized to bind the City to any contracts or other obligations in executing this
Agreement. Consultant 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
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.
The Consultant 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 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.
CONSULTANT: CITY OF CUPERTINO:
By ' - ✓�� r-` 'attailli .�
Title i E, v126:=I Title: • hv 6' 4 7 • 135 lb
Soc. Sec. #or Tax I.D
APPROVALS EXPIENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
/1t dA aizt - q �j_ 5 110-6248-7014 $500.00
CITY ATT�O APPROV AS T FORM DATE
., X129 (,3 -
0,- ATTEST DATE e 3
CITY CLERK: A^' -
s/2, 1 ,3
Page 3 of 3
Short Form Agreement
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY)
05/17/13
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MARYANN BETTENCOURT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ALLSTATE INSURANCE COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
20065 STEVENS CREEK BLVD.STE. 1B. • ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CUPERTINO,CA 95014 INSURERS AFFORDING COVERAGE
INSURED _INSURER A: TAPCO
CUPERTINO SYMPHONIC BAND INSURER B:
PO BOX 2692
CUPERTINO,CA 95015 t,EURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DAT JMM/DD/YY) DATE(MM/DD/YY) , LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1.000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $5,000
A CLAIMS MADE X OCCUR NN028903 08/28/12 08/28/13 MEDEXP(Anyoneperson) $5,000
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES S PER: PRODUCTS-COMP/OP AGG $2,000,000
IPOLICY I JECT I I LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGO $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR p CLAIMS MADE AGGREGATE $
DEDUCTIBLE
RETENTION $ $
WC STATU- OTH-
WORKERS COMPENSATION AND TORY LIMITS; ER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYEE $
E.L.DISEASE-POLICY LIMIT_$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Quinlan Commumity Center DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL `SO DAYS WRITTEN
10185 N Stelling Road NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Cupertino, CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRE EN ATIV�y _
AUIHO
ACORD 25-S(7/97) — O ACORD CORPORATION 1988