19-001 Purple Fox and the Heebie Jeebies CITY OF
SHORT FORM ENTERTAINMENT AGREEMENT
12 CITY OF CUPERTINO
Parks and Recreation Department
10185 N.Stelling Road
CUPERTINO Cupertino,CA 95014
408-777-3120
--USE OF THIS FORM IS ONLY VALID FOR AGREEMENTS UP TO$3,500.00--
Contractor Name: PURPLE FOX AND THE HEEBIE JEEBIES
Contractor Authorized Representative: JOSH FRIEDMAN
By the signature of its Authorized Representative below,Contractor hereby agrees to the following:
1
A. SCOPE OF SERVICES.Contractor shall provide or furnish the following specified
services and/or materials:
i
CONTRACTOR WILL PROVIDE A MUSIC PERFORMANCE IN ADDITION TO THE FOLLOWING:
1.PROVIDE SOUND ENGINEER,MUSICAL INSTRUMENTS,AMPS,D-BOXES,XLR CORDS FOR
INSTRUMENTS,AND ANY OTHER NECESSARY EQUIPMENT"ON THE STAGE."
2.ARRIVE A MINIMUM OF ONE AND HALF(1.5)HRS BEFORE PERFORMANCE START TIME.
3.PERFORM CONSISTENTLY FOR 2 HOURS,WITH AN INTERMISSION UP TO 15 MINUTES. f
4.ACTIVELY MANAGE SOUND MIXING AND MONITORS.
5.MAINTAIN A VOLUME LEVEL NOT TO EXCEED 70 DECIBELS AT THE NEAREST RESIDENCE.THE
CITY RESERVES THE RIGHT TO LOWER VOLUME.
6.PROVIDE OWN MEALS AND WATER DURING THE EVENT.
7.WILL NOT BRING ALCOHOL OR ILLEGAL DRUGS TO THE EVENT.
i
THE CITY WILL PROVIDE THE FOLLOWING:
1.STAGE UP TO 12X20 FT(STAGE IS UNCOVERED,THOUGH WE AIM TO SET-UP IN SHADE).
2.ELECTRICAL POWER FROM PORTABLE GENERATOR(S).
3.MAIN SPEAKERS TO THE CROWD AND UP TO 3 ON-STAGE MONITORS.
Location and Time of Contractor Services:
Location: WILSON PARK 10249 S.PORTAL AVE. CUPERTINO,CA
Time: OFFICIAL EVENT TIME IS FRIDAY,AUGUST 30TH,2019 FROM 6-8PM
CONTRACTOR agrees to arrive at least one and half(1.5)prior to performance start.
B. TERM.The services and/or materials furnished under this Agreement shall be provided from 8/30/2019
to 8/30/2019.
C. COMPENSATION. For the full performance of this Agreement,the City of Cupertino shall pay
Contractor a total of$1200 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:
C� Exhibit"C"-Affidavit of no Employees
❑ Exhibit"D"-Contractor's Mandated Reporter Declaration if Contractor provides services to children
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, Consultant 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: David Chen.
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date last signed
below.
CONTRACTOR CITY OF CUPERTINO
Purple Fox and the Heebie Jeebies A Municipal Corporation
By(sign) By
Jo riedman
Name Name David Chen
Title Owner Title_Commt ity oordinator
Date June 042019 Date
Tax I.D.No.:
APPROVALS EXPENDITURE DISTRIBUTION
PARKS AND RECREATION A CCnl TNT NT IMBER ...._.._._ AMnITNT
DATE 100-62-640-700-702 $1200.00
SUPERVISOR 09,
CITY ATTORNEY:APPROVED AS TO FORM
DATE
(1` CITY CLERK: ATTEST
DATE
i
i
i
I
I
i
March 28,2019
EXHIBIT C
AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I,the undersigned,declare as follows:
I
I am an independent contractor and the owner of Purple Fox and the Heebie Jeebies
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 04 day of_June 2019,at Sunnyvale ,
California.
Josh Friedman
PRINT NAME
1
SIGNAT
i
i
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: -
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY(ADDITIONAL INSURED)
Alliant Insurance Services,Inc. in conjunction with Amended certificate replaces certificate issued to you on
Apex Insurance Services May 21,2019
P.O.Box 6450
Newport Beach,CA 92658
License No: OC 36861
NAMED INSURED(EVENT HOLDER): EVENT INFORMATION:
City of Cupertino,Its City Council,Boards and Commissions. TYPE: 2019 Summer Events
Officers,Officials,Employees,Agents,Volunteers and DATE(S): See attached listing
Consultants LOCATION: See attached listing
10300 Torree Ave *Liquor Liability Yes❑ No
Cupertino,CA 95014 **Li uor 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: SEP41028
MASTER POLICY DATES: EFFECTIVE: JANUARY 1,2019 EXPIRATION:JANUARY 1,2020
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 MEGL643
Liquor Liability (If purchased) 1,000,000
Optional Limits Purchased
❑ $1,000,00053,000,000
❑ $2,000,00052,000,000
Damage To Property(If purchased)
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:
DATES
July 6, 9, 10, 12, 13, 14, 16, 17, 18, 20, 23, 24, 25, 26, 27, 28, 30, 31, 2019
August 1, 3, 4, 6, 7, 8, 11, 17, 18, 25, 30, 31, 2019
September 6, 7, 2019
LOCATIONS
Creekside Park, 10455 Miller Ave,
Main Street Park, 19469 Stevens Creek Blvd, Monta Vista Park,
22601 Voss Ave, Jollyman Park,
1000 S. Stelling Road, Portal Park,
10225 N. Portal Ave,Three Oaks Park,
7535 Shadowhill Ln, Wilson Park,
10200 Parkside Ln, Linda Vista Park,
11097 Linda Vista Dr., City Center Amphitheater,
20350 Stevens Creek Blvd., Civic Center Plaza,
100350 Torre Ave., Library Field, 10400 Torre Ave., Cupertino, CA 95014