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24-013 Musson Theatrical Inc. AgreementCITY OF CUPERTINO SERVICES AGREEMENT ($5,000 0R LESS) 1. J5. This Agreement ("Agreement") is made by and between the City of Cupertino, a municipal corporation ("City")and Musson Theatrical, Inc. ("Contractor"), a Corooration , and is effective on the last date signed below ("Effective Date"). 2. . Contractor agrees to provide the progratns, classes or activities ("Services") set forth in detail in the Scope of Services, attached and incorporated here as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19. 3. Time of Performsnrt' This Agreement begins on the Effective Date and ends on 2/16/24 ("Contract Time"), unless terminated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit A. Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. The City's designated supervisor for this Agreement may extend the Contract Time by up to six (6) months kough a written amendment to this Agreement, provided such extension does not include additional contract funds. 4. Compensatioq rit3r ixrill pay Contractor for satisfactory performance of the Servic-e-s anamount- that - will based upon actual costs but that will be capped so as not to exceed $ 2390.29 ("Contract Price"), based upon the Scope of Services and the budget and rates included in Exhibit A. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. Upon Cityapproval of written invoices, Contractor will be paid as follows: (check one; cross out others): (lump sum amount of $ 2390.29 which shall not exceedtheContractPrice. []At the rate of $ er hour for a total not to exceed the ContractPrice. 0Based on the payment schedule included or attached to Exhibit A which shall not exceed the Contract Price. 5. Independent ContrByior. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, workers compensation or other benefits from the City. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 6. Pavment,,of Benefits snrl Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its Project Event lighting and drapery 1 of 5 Services Agreement ($5,000) /Rev August 2021 employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, conttibutions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any coiut, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the :[nternal Revenue Service, or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made. 7. Ass €pnment. This Agreement is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 8. Tnrlr'mnfflrntion To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willfiil misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, datnages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs arid expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: Breach of contract, obligations, representations orwarranties; Negligent or willful acts or omissions committed during perfornnance of the Services; Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contmctor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim atising out of this Agreement. 9. . Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contmctor and deducting the costs from Contractor's compensation or terminating theAgreement. Project Eygnt lighting and drapery 2 of 5 Services Agreement ($5,000) /Rev August 2021 10 Complianrr :th Tiaws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. [3 Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign the Affidavit of No Employees included in this Agreement. Discrimination Laws. Contactor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy, Contractor understands that harassment and discination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contactor's employees or sub-contractors will not be tolerated. Contractor agrees to provide records and dociunentation to the City on request necessary to monitor compliance with this provision. Conflicts of Interest, Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no c o employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 1]. Abanrlonmt'nt, rit3r rnsy abandon or postpone the Project at any time. Contractor will becompensated for satisfactory Services perfortned through the date of abandonment. 12. Termination. City may tertninate this Agreement for cause or without cause at any time. Cityreserves the right to terminate the Agreement and the remainder of the Services offered by Consultant without notice based upon Contractor's cancellation of a Service (i.e., program, class or activity) without giving advance notice or obtaining written approval from City. 13. Governing Tiaw. This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Coiut for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. Ifthe Parties elect arbitration, the arbitrator's award must be supported by law and substaritial evidence and include detailed written findings of law and fact. Project Event lighting and dmpery 3 of 5 Services Agreement ($5,000) /Rev August 2021 14. Entire AHreement. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement or understanding, either oral or written, between the Parties. Any changes to this Agreement 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 Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferredherein. 15. Services Coorrlinatg. The Parties designate the following persons as Services Coordinators for this Agreement. Contractor's designation and any substitution are subject to Cityapproval. For Contractor: Musson Theatrical, Inc For City: Name IanBenak Name p@Biii@H Production Services Position Conhict 408-986-0210 Contact 16, ContrnctInterpretation. Therearenointendedthirdpartybeneficiaries ofthis Agreement.Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. The headings in this ABreemsnt are for convenience only. The Indemnification and Governing Law sections expressly survive this Agreement. 17. Severabilitv. If a term or provision of the Agreement 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 effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 18. . All notices, demands, requests, and approvals must be sent to the persons below in writing, and will be considered effective on the date of personal delivery, upon confirmation of delivery by a reputable overnight delivery service, on the fifth calendar day after deposit thereof in the United States Mail, postage prepaid, registered or certified, or the next business day following electonic submission: 'J'@ (,@HilBd@l; Musson Theatrical, Inc 890 Walsh Ave Santa Clam CA 95050 Attention: David Rimemian/Geneml Mananger Email: info@musson.com To City of Cupertino: 10300 Torre Ave., Cupertino, CA 95014 Attention: Email: Project Event lighting and drapery 4 of 5 Services Agreement ($5,000) /Rev August 2021 Bill Mitchell, CTO BillM@cupertino.gov Rei Delgado Multimedia Communications Specialist 408-777-3264 19.Execution. Contractor's si gnatory warrants that he or she is authorized to execute the Agreement andto legally bind Contractor. This Agreement may be executed in counterparts, each one of which isdeemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of theEffective Date written above. CONTRACTOR By:. ____________ _ Name: ·.:r:-A..V\ B,w (A,.,\f.. CITY OF CUPERTINO A Municipal Corporation By: _____________ _ Name: _____________ _ Title: 12.u\W KC\.M{\,LV' /l:>roJvd-tDn. Title: __________ _ Date: '2. / \ / 1-� Date: __________ _ Project Event lighting and drapery 5 of5 APPROVED AS TO FORM: By:___________ _ CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: By: ____________ _KIRSTEN SQUARCIA City Clerk Date: _______ _ Services Agreement ($5,000) /Rev August 2021 Bill Mitchell Chief Technology Officer Ian Benak Christopher D. Jensen Feb 7, 2024 Feb 7, 2024 Musson Theatrical, Inc 890 Walsh Ave JOB CONTRACTSanta Clara, CA 95050 Voice: (408) 986-0210 Fax: (408) 986-9552 rentals@musson.com www.musson.com Job #: 2445-2 INVOICE TO:DELIVERY ADDRESS: Order Status:Confirmed Order Sales Person:Chris ParrishCity of Cupertino Quinlin Community Center Last Updated: JAN 9 24 2:32PM10300 Torre Avenue 10185 North Stelling Road Cupertino, CA 95014 Cupertino, CA 95014 PO:PO Req'd for Net30ATTENTION:Rei Delgado JOB SITE:Quinlin Community Center CUSTOMER #:2780 PO Req'd PHONE:(408) 777-3264 ROOM:TERMS:Net-30 FAX:(408) 777-3333 CONTACT:Rei Delgado EMAIL:ReiD@cupertino.org PHONE:(408) 777-3264 CELL: ORDER DATE & TIME: Delivery DATE & TIME:Event DATE & TIME:DELIVERY VIA: FEB 14 24 1:30PMJAN 9 24 2:27PM Pick Up DATE & TIME: DATE & TIME: DATE & TIME:RETURN VIA: FEB 16 24 9:30AM JOB DESCRIPTION: EQUIPMENT QTY DESCRIPTION DUR UNIT $ EXTENDED DISC NET Cable 2 Pin Cable 25' 12/3 20A 2.0 d $2.00 $4.00 4.00 2 Pin Twofer 12/3 20A 2P&G 2.0 d $1.00 $2.00 2.00 4 Adapter 20A F Pin-15A M U-Grnd 2.0 d Lighting Fixtures 4 26Deg Source Four 2.0 d $10.00 $40.00 40.00 4 CF Source Four 50,36,26,19 Deg 2.0 d 6.25'' X 6.25'' Color Frame Spare Lamps 1 HPL575/115V SOURCE FOUR 2.0 d SOURCE FOUR SPARE LAMP Stands 2 Telescoping Tree Stem 2.0 d $7.50 $15.00 15.00 Tel Stem 2 Telescoping Tree Top 2.0 d Tel Top - 1.5" Tee 2 Base 24'' 50 Lb 2.0 d $10.00 $20.00 20.00 Tel Base 3 110011 Pin & Screw Assy 2" X 6"2.0 d Large Booth Stud No charge if rented with bases 3 B2424 24''X 24'' Base (31 Lbs)2.0 d $6.00 $18.00 18.00 24'' Heavy Duty Booth Base 2 Tds8024 8-14' Drape Support 2.0 d $3.75 $7.50 7.50 8' Crosspipe 3 Ts916 9-16' Adjustable Upright 2.0 d $7.25 $21.75 21.75 9' Booth Upright 3 Sandbag, 35 Lb. Black 2.0 d $4.50 $13.50 13.50 Message 1 All Lamps Must Be Returned Or You Will Be Charged 2.0 d Tools 1 10' Ladder 2.0 d 1 8' Ladder 2.0 d Quotation Updated on JAN 9 24 at 2:32PM 1 EXHIBIT A www.musson.com Job #: 2445-2 LABOR DATE TIME QTY PERSONNEL/TASK DURATION UNIT PRICE EXTENDED FEB 14 24 1:30PM 2 Installation Labor-Lighting Installa... 4.00Hours $125.00 $1,000.00 FEB 16 24 9:30AM 2 Removal Labor-Lighting Strike 3.00Hours $125.00 $750.00 EQUIPMENT TOTAL: $141.75 LABOR TOTAL:$1,750.00 DEL & PICK-UP: $445.00 (Santa Clara Co 7/1/21) TAX TOTAL: $53.54 GRAND TOTAL: $2,390.29 PAID TO DATE: $ 0.00 BALANCE: $ 2,390.29 Customer Signature Customer Printed Name Date Quotation Updated on JAN 9 24 at 2:32PM 1 Insurance Requirements for Services Agreement ($5,000 or less) 1 Version: Sept. 2019 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. (Not required if Contractor provides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment EXHIBIT B Insurance Requirements Services Agreement ($5,000 or less) Insurance Requirements for Services Agreement ($5,000 or less) 2 Version: Sept. 2019 furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/19/2024 (949) 769-3100 (949) 769-3930 34630 Musson Theatrical, Inc. 890 Walsh Avenue Santa Clara, CA 95050 A X MUWC544393 1/1/2024 1/1/2025 1,000,000 Y 1,000,000 1,000,000 Blanket workers’ compensation waiver, where required by written contract, applies with regard to the following project: All operations as required by written contract. City of Cupertino 10330 Torre Avenue Cupertino, CA 95014 MUSSTHE-01 KELLY AssuredPartners of California (Foothill Ranch) 27042 Towne Centre Drive, Suite 120 Foothill Ranch, CA 92610 Oak River Insurance Company X WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B (Ed. 9-14 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2 % of the manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule BLANKET WAIVER Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 01/01/2024 Policy No. MUWC544393 Endorsement No. Insured: Musson Theatrical, Inc.Premium $ Insurance Company: Oak River Insurance Company Countersigned By WC 99 04 10B (Ed. 9-14) 01/19/2024 Taylor & Taylor Ltd. 15060 Ventura Boulevard Suite 201 (License 0731414) Sherman Oaks CA 91403-2436 Darren Rosenbaum (818) 981-9700 (818) 981-9703 drosenbaum@taylorinsurance.com Musson Theatrical, Inc. 890 Walsh Avenue Santa Clara CA 95050 Federal Insurance Company 20281 A Y 79944226 01/01/2024 01/01/2025 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A Y 79944227 01/01/2024 01/01/2025 1,000,000 A 79944228 01/01/2024 01/01/2025 5,000,000 5,000,000 Certificate Holder is included as Additional Insured with respect to claims arising out of the negligence of the Named Insured. City of Cupertino 10330 Torre Ave Cupertino CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Liability Insurance Form 80-02-2367 (Rev. 5-07) Additional Insured - Scheduled Person Or Organization Endorsement continued Page 1 Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued JANUARY 1, 2024 TO JANUARY 1, 2025 JANUARY 1, 2024 7994-42-26 MUSSON THEATRICAL, INC. FEDERAL INSURANCE COMPANY JANUARY 1, 2024 This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Liability Insurance Form 80-02-2367 (Rev. 5-07) Additional Insured - Scheduled Person Or Organization Endorsement last page Page 2 Authorized Representative Liability Endorsement (continued) Conditions Other Insurance - Primary, Noncontributory Insurance - Scheduled Person Or Organization Under Conditions, the following provision is added to the condition titled Other fusurance. If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from insurance available to such person or organization. Schedule PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANT TO A CONTRACT OR AGREEMENT, TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY All other terms and conditions remain unchanged. POLICY NUMBER: 79944227 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Musson Theatrical, Inc. Endorsement Effective Date: 1/1/2024 SCHEDULE Name Of Person(s) Or Organization(s): Persons or organizations that you are obligated, pursuant to  a contract or agreement, to provide with such  insurance as is afforded by this policy    Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. Musson Agreement Final Audit Report 2024-02-07 Created:2024-02-06 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAAU1tnznndwwbuTUu3xVrPezGGTR7O5CI "Musson Agreement" History Document created by City of Cupertino (webmaster@cupertino.org) 2024-02-06 - 11:42:04 PM GMT- IP address: 69.181.168.76 Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval 2024-02-06 - 11:46:24 PM GMT Email viewed by Marilyn Pavlov (marilynp@cupertino.org) 2024-02-06 - 11:46:51 PM GMT- IP address: 69.181.168.76 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2024-02-06 - 11:48:01 PM GMT - Time Source: server- IP address: 69.181.168.76 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-02-06 - 11:48:02 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-02-06 - 11:57:56 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Ian Benak (ibenak@musson.com) for signature 2024-02-06 - 11:57:58 PM GMT Email viewed by Ian Benak (ibenak@musson.com) 2024-02-07 - 5:53:07 PM GMT- IP address: 50.227.146.102 Document e-signed by Ian Benak (ibenak@musson.com) Signature Date: 2024-02-07 - 5:53:29 PM GMT - Time Source: server- IP address: 50.227.146.102 Document emailed to christopherj@cupertino.org for signature 2024-02-07 - 5:53:31 PM GMT Email viewed by christopherj@cupertino.org 2024-02-07 - 5:55:15 PM GMT- IP address: 104.47.73.254 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2024-02-07 - 5:56:17 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-02-07 - 5:56:19 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Bill Mitchell (billm@cupertino.org) for signature 2024-02-07 - 5:56:21 PM GMT Email viewed by Bill Mitchell (billm@cupertino.org) 2024-02-07 - 8:20:15 PM GMT- IP address: 104.47.73.254 Document e-signed by Bill Mitchell (billm@cupertino.org) Signature Date: 2024-02-07 - 8:20:27 PM GMT - Time Source: server- IP address: 73.63.177.127 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-02-07 - 8:20:29 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-02-07 - 9:04:33 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-02-07 - 9:04:44 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2024-02-07 - 9:04:44 PM GMT