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24-083 Foothill & City of Cupertino Contract
1 9/5/2023, 7:43 AGREEMENT BETWEEN FOOTHILL DE ANZA COMMUNITY COLLEGE DISTRICT AND CITY OF CUPERTINO FOR OCCUPATIONAL TRAINING INSTITUTE - OTI PROGRAM This OTI Program Agreement ("Agreement") is made between the Foothill-De Anza Community College District on behalf of the Career Technical Education (CTE) Program at De Anza College, hereinafter known as the "District" and City of Cupertino, hereinafter known as the "Organization" for the purpose of providing work to students eligible for the OTI Internship Program ("Student Intern"). Each of the District and Organization is sometimes hereinafter referred to as a "party" or collectively as the "parties." 1. Term & Not to Exceed Amount 1.1. The Agreement is entered into on the last date of signature below with effect as of July 1, 2024 to October 30, 2024 ("Term”). 1.2 Total compensation by Organization to District under this Agreement of the hourly wage set forth in Schedule A shall not exceed: $20,000. 2. Services 2.1 The District will make Students Interns available to the Organization to perform specific work assignments and Organization shall pay District for each work assignment as agreed and indicated in the attached Schedule A as applicable. Student Interns may be removed from work on a particular assignment or from the Organization by the District, either on its own initiative or at the request of the Organization. 2.2 The Organization agrees that no Student Intern will be denied work or subjected to different treatment under this Agreement on the grounds of race, color, national origin, religious affiliation or non-affiliation, sex, age, handicap, disability, political affi liation, or gender. The Organization further agrees that it will comply with the provisions of the Civil Rights Act of 1964 (Pub. L. 88-352; 78 Stat, 1 Foothill - De Anza Community College District Foothill - De Anza Community College District 252), Title IX of the Education Amendments of 1972 (Pub. L, 92-318) and the Regulations of the Department of Education which implement those Acts. 2.3 Neither the District nor the Organization will provide transportation for Student Interns to and from their work assignments. 2.4 The employer of the Student Interns is the District. The Organization determines when and if the services of District’s Student Interns are required. 2.5 The District and Organization will execute a Schedule A in the form attached hereto, for each Student Intern. Each Schedule A must be signed by authorized officials of the District and the Organization and must set forth the following details: • Student Intern Information. • Brief description of the work to be performed by Student Intern under this Agreement. • The hourly pay rates. • Average number of hours per week Student Intern will work. • Projected period of internship. 3. Independent Contractor As the employer of the Student Interns, the District has the ultimate right to control and direct the services of the Student Interns. The District also has the responsibility to determine whether the Student Interns meet the eligibility requirements for employment under the OTI Internship Program, to assign Student Interns to work for the Organization, and to determine, with the assistance of the Organization, that the Student Interns perform their work. The Organization's right is limited to direction of the details and means by which the result is to be accomplished. 4. Time sheets Time sheets, provided by the District, indicating the total hours worked by the Student Intern each month in clock time sequence and containing the signature of the supervisor of the Organization as to the accuracy of the hours reported, will be sent back to the District in a timely manner. 5. Time worked Time worked shall be subject to the following: • Student Interns cannot work more than 25 hours per week when school is in session. When school is not in session, Student Interns cannot work more than 40 hours per week. • Student Interns can never work more than 40 hours per week or 8 hours per day. An intern may not be employed for a work period of more than five hours per day without providing the intern with a meal period of not less than thirty minutes, except that if the total work period per day of the intern is no more than six hours, the meal period may be waived by mutual consent of both the District and intern. • A break of not less than 30 minutes must be offered after 4 hours of work unless the total shift is 6 hours or less. Organization is only obligated to pay District for actual hours worked by Student Intern(s). • Student Interns must be enrolled in a minimum of 6 units at a college of the District. • Student Interns are not permitted by the District to engage in overtime employment while performing work subsidized by OTI Internship Program. Foothill - De Anza Community College District 6. Compensation of Student Intern As set forth above, compensation of Student Interns for the work performed on a project under this Agreement inclusive of wages and all payments due as an employer ’s contribution under State and Local Workers' Compensation laws, under Federal or State Social Security laws, or under other applicable laws, will be made by the District. District is an independent contractor and is not an agent or employee of, and has no authority to bind, Organization, by contract or otherwise. Nothing in this Agreement will be construed to create a joint venture, partnership or employer-employee relationship. District is responsible for keeping all records and collecting and paying all taxes and other charges required by or imposed by any taxing authority on the payments made under this Agre ement. District will defend, indemnify and hold harmless Organization and its subsidiaries and affiliates from and against any claims or obligations imposed on Organization in connection with any withholding taxes, social security, unemployment, workers compensation, disability insurance, or other taxes or benefit paid or assessed on behalf of any Student Intern(s). District will maintain adequate insurance to protect Organization, and the Student Intern(s) from: (i) claims under worker's compensation and state disability acts, and (ii) claims for damages resulting from bodily injury, sickness, disease, death, or injury to or destruction of tangible or intangible property, arising out of any alleged negligent act or omission of District or its Student Intern(s). District and any of its employees (including its Student Interns), agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any benefit, or any incident of employment by Organization, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of Organization and entitlement to any contribution to be paid by Organization for em ployer contributions and/or employee contributions for PERS benefits. In the event that the District or any employee (including its Student Interns), agent, or subcontractor providing services under this Agreement is determined by a court of competent jurisdiction PERS to be eligible for enrollment in PERS as an employee of Organization, District shall indemnify, defend, and hold harmless Organization for the payment of any employee and/or employer contributions for PERS benefits on behalf of District or its employees (including Student Interns), agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Organization, and actual attorney's fees incurred by Organization in connection with the above. 7. Non-Assignability Neither party shall assign this Agreement or any portion thereof to a third party, with the exception to an affiliated company, without prior written consent of the other party, and any alternate assignment without such prior written consent in violation of this section shall automatically terminate this Agreement. 8. Data Protection As applicable, District will comply with the requirements set forth in these data protection standards with respect to any information that Organization, Organization employees, representatives, customers, or other business partners make available to District in the context of its business relationship with Organization ("Organization Data"). 8.1 Control and Ownership: District may not access, collect, store, retain, transfer, use or otherwise process in any manner any Organization Data, except (a) in the interest and on behalf of Organization, and (b) as directed by authorized personnel of Organization in wri ting. 8.2 Return Data: District will return, delete, or destroy (at Organization’s election) all Organization Data in District's possession upon the expiration or termination of this Agreement, or when there is no longer any legitimate business need (as dete rmined by Organization) for District to retain such Organization Data. Foothill - De Anza Community College District 8.3 Notify of Breaches: If District becomes aware of any unauthorized access to Organization Data, District will immediately notify Organization, cooperate with investigations , and provide any information reasonably requested by Organization. 9. Privacy To the extent any Organization Data consists of “personal information" or "personal data" (as defined under applicable Data Privacy Laws), the following requirements shall apply: 9.1 Compliance with Privacy Laws: District warrants that it will comply with all applicable privacy laws including, without limitation, the California Consumer Privacy Act (CCPA). 9.2 Data Subject Requests: District will make every effort to promptly notify Organization of any requests it receives from individuals seeking to access or delete such personal data and will cooperate with and assist Organization in responding to such requests and inquiries. 10. Indemnity The District agrees to defend, indemnify and hold harmless Organization and its affiliates and their customers, officers, employees, suppliers and representatives ("Organization Indemnitees") from and against any and all claims, costs, losses, expenses, and liabilities (including reason able attorney's fees) ("Claims") arising as a result of (a) death or personal injury (including bodily Injury) to any person, (b) destruction or damage to any tangible property, in each case to the extent caused by the breach, negligence, or misconduct of the District, Student Interns or its agents, employees, representatives, or temporary personnel or (c) any breach of District's obligations under this Agreement or applicable Data Privacy Laws. The District further agrees to defend, indemnify and hold harmless the Organization Indemnitees from any Claim alleging that a service or deliverable infringes, violates, or misappropriates any intellectual property rights of any third party. Organization agrees to defend, indemnify and hold harmless District and its officers, employees, students and representatives from and against any and all Claims arising as a result of death or personal injury (including bodily injury) to any person or loss of or damage to property in each case to the extent caused by the breach, negligence, or misconduct of the Organization under the provisions of this Agreement. The Organization will defend such Claim with counsel reasonably acceptable to District and will not settle any Claim containing an admission of liability by District, or that imposes any obligation, liability or compromise on District, without District's prior written consent . 11. Arbitration Any dispute regarding the interpretation of performance of this Agreement shall be resolved by binding arbitration pursuant to California Code of Civil Procedures section 1280 et. seq., with the non -prevailing party responsible for the arbitrator’s fees, but in all other respects with each side to bear its own costs and attorney’s fees. 12. Payment 12.1 The Organization will be invoiced and will pay to the District 100% of the Hourly Rate for all hours worked set forth in Schedule A for each Student Intern upon satisfactory performance of the Services. Term of payment is set to be net thirty (30) days from the receipt of correct and undisputed invoice. 12.2 During the term of the applicable Schedule A and for a period of one (l) month following expiration thereof, in the event the Organization hires a Student Intern listed in Schedule A, then Organization shall pay the District, as its sole and exclusive remedy, an amount no less than twenty percent (20%) of the base annual salary for each Student Intern hired. The foregoing shall not prohibit the Organization from hiring Student Interns of the District who respond to a general solicitation for employment (including employment advertisements, job postings, or similar) not directly targeted to such Foothill - De Anza Community College District individual, or who otherwise independently initiate contact with the Organization for the purpose of seeking employment. 13. Termination This Agreement may be terminated by either the District or the Organization upon 30 days written notice with proper authorization. The Organization will reimburse the District 100% of the Hourly Rate set forth in Schedule A for all hours worked by each Student Intern whose term of internship is current and active during the 30 day’s notice period, provided the Services were performed satisfactorily. Either party may terminate any Student Intern from Schedule A upon two (2) days written notice. The Organization will pay the District for all hours worked by the Student Intern at the Hourly Rate set forth in such Schedule A, provided the Services were performed properly. However, in cases where Organization has a reasonable belief that maintaining a Student Intern may jeopardize the safety of the Student Intern, the Organization's staff or the public, Organization may immediately terminate this Agreement without providing two (2) days written notice. 14. Confidentiality 14.1 The parties acknowledge that during the term of this Agreement District and its Student Interns will have access to trade secrets and/or other confidential and proprietary information of Organization and its customers and affiliates, including but not limited to marketing strategies, technical information, product specifications, product development and pricing information, contractor information, and financial information as well as information of third parties in Organization's custody for which Organization has confidentiality obligations that is (i) disclosed in tangible form and conspicuously designated as confidential, (ii) disclosed orally or by electronic media tha t is identified at or prior to the time of disclosure as confidential, or (iii) any other non-public information which, by the nature of the circumstances surrounding the disclosure, should reasonably be understood by the District and Student Interns to be confidential ("Confidential Information"). Except for personal data and other information protected by law, Confidential Information will not include information which is or becomes part of the public domain through no fault or breach of District or its Student Interns. 14.2 District on behalf of itself and its Student Interns hereby agrees that all Confidential Information is and will remain the proprietary information of Organization. District and its Student Interns agree to hold all Confidential Information in strict confidence, not to disclose it to anyone other than those of its employees and professional advisors who have a need to know the Confidential Information. The District and Student Interns agree to use the same degree of care that it uses to protect its own confidential and proprietary information but in no event less than a reasonable degree of care. District further agrees to take all actions reasonably necessary to protect the confidentiality of the Confidential Information, including but not limited to implementing and enforcing operating procedures to minimize the possibility of unauthorized use or copying of the Confidential Information. 14.3 District and its Student Interns are prohibited from using Organization’s internal network for anything other than business purposes and then only as required and authorized in writing by Organization, Use of Organization’s internal network for other than business related purposes is strictly prohibited and may result in immediate termination of this Agreement. District's obligation hereunder shall survive the termination of this Agreement. 15. Insurance District and Organization shall each secure and maintain in full force and effect during the full term of this Agreement, commercial general liability insurance in the amount of $1 million combined single limit and written by carriers acceptable to District and Organization. On request, a certificate of insurance which covers the liability described herein above, shall be provided by District and Organization respectively. Such certificate of insurance shall name the other Party as an Additional Insured on separate endorsement. Foothill - De Anza Community College District Either party may also self-insure, and such self-insurance shall be certified in writing if requested by the other party. 16. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT TO THE OTHER PARTY, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS. THE TOTAL LIABILITY OF EITHER PARTY FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID OR PAYABLE BY EITHER PARTY HEREUNDER; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS ARISING FROM EITHER PARTIES’ INTENTIONAL MISCONDUCT, FRAUD, BREACH OF CONFIDENTIALITY, AND DUTY OF INDEMNIFICATION UNDER SECTION 10. 17. Compliance 17.1 Access to Organization Property and Systems: Permission to enter Organization’s controlled premises and to access Organization's systems shall at all times be subject to Organization's discretion and to District's compliance with all security, health and safety controls prescribed by Organization. District will notify Organization immediately if District reassigns or ceases to employ the services of any employee or contractor who has been granted access to Organization's property or systems. 17.2 Compliance with Laws: District warrants that it will comply with all foreign and domestic laws and regulations applicable to this Agreement including without limitation the following: 17.2.1 Trade Compliance. District shall comply with all applicable laws and regulations governing import and export of items or the performance of services covered by this Agreement. 17.2.2 Anti-Corruption: District will comply with, as applicable to this Agreement, the US Foreign Corrupt Practices Act (FCPA) and local anti-corruption laws. 17.3 Forced Labor/Human Trafficking: District will certify upon request that it and its suppliers are in compliance with all relevant laws concerning forced labor and human trafficking. 18. General 18.1 Severability; Waiver If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without impairment, and any invalid provision will be replaced with a valid provision most closely approximating the purpose and economic effect of the invalid provision. The waiver by either party of any breach of this Agreement will not operate as a waiver of any subsequent breach. 18.2 Entire Understanding This Agreement, together with Schedule A, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter of this Agreement. Each party to this Agreement acknowledges that no representations, inducement, promises or agreements, orally or otherwise, have been made by any party, or by anyone acting on behalf of any party, that are not embodied herein, and that no agreement, statement or promise not contained in the Agreement will be valid or binding. Any amendment of this Agreement will be effective only if it is in writing signed by the duly authorized representatives of both parties. 18.3 Notices: All notices pursuant to this Agreement must be in writing and sent by certified or Foothill - De Anza Community College District registered mail or by a reputable overnight courier service to the party’s address shown below or such other address as a party may designate by written notice. 18.4 No Waiver; Cumulative Remedies: Failure to enforce any provision of this Agreement will not be deemed a waiver of future enforcement. All remedies in this Agreement are cumulative and in addition to other remedies under this Agreement, at law, or in equity. 18.5 Trade Names and Trademarks: District shall make no use of Organization's name, trade names or trademarks in connection with District's own advertising, marketing, web site, etc. without obtaining Organization' prior written permission in each instance. 18.6 Survival: The following provisions shall survive the termination or expiration of this Agreement: Section 3 (Independent Contractor), Section 4 (Ownership of Deliverables), Section 9 (Data Protection), Section 10 (Privacy), Section 10 (Indemnity), Section 11 (Arbitration), Section 13 (Termination), Section 14 (Confidentiality), Section 16 (Limitation of Liability), Section 18 (General). 19. Audit District shall provide Organization, its auditors, regulators, supervisory authorities, and such other representatives as Organization may designate with access at all reasonable times to data and records relating to District's performance of this Agreement, for the purpose of verifying District's compliance with this Agreement, the legitimacy and accuracy of District's reimbursable costs, charges and invoices. and the integrity of Organization Data and Organization Confidential Information. Organization shall provide District, its auditors, regulators, supervisory authorities, and such other representatives as District may designate with access at all reasonable times to data and records relating to District's performance of this Agreement, for the purpose of verifying the legitimacy and accuracy of Student Intern hours worked. Each party has caused this Agreement to be executed by its duly authorized representative as of the dates indicated below. SIGNATURES CONTINUE ON NEXT PAGE District: Organization: City of Cupertino Print Name Signature Date Title Foothill - De Anza Community College District 12345 El Monte Rd. Los Altos Hills, CA. 94020 On behalf of: De Anza College Occupational Training Institute 21250 Stevens Creek Blvd. Cupertino, CA 95014 Print Name Signature Date Approved as to form: City Attorney Attest: City Clerk Date Christopher D. Jensen Jul 23, 2024 Teri Gerhardt CTO Jul 23, 2024 Schedule A OTI Program Agreement 1. Student Intern Name: 2. Services provided: • Responsible for screening, referring and diagnosing internal inquiries and work requests as they relate to maintenance of personal computers and related systems. • May assist in performing minor troubleshooting in the identification of applicable problems relating to PCs, applications software and basic network communications. • Provide assistance in updating Help Desk/Solutions Center procedures. Work with knowledge manger to review existing documentation and assist with updates. 3. Average Hours per Weck: 20-25 hours during DeAnza/Foothill school calendar, up to 40 hours when school is not in session. 4. Hourly Rate : $29 USD/hour 5. Term of the internship: Through October 30, 2024 6. The parties may modify this Schedule A upon written agreement Each party has caused this Schedule A to the Agreement to be executed by its duly authorized representative as of the dates indicated below. Occupational Training Institute Foothill-DeAnza Community College District By: Name: Title: Date: Address: 21250 Stevens Creek Blvd. Cupertino, CA 95014 City of Cupertino By Name: Title: Date: Address: Attn: Foothill - De Anza Community College District 9/5/2023, 7:43 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-MAILADDRESS: 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 EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Foothill-De Anza Community College District 12345 El Monte Road Los Altos Hills, CA 94022 Waiver of Subrogation applies in favor of City of Cupertino with respects to Workers Compensation as permitted by law. City of Cupertino 10300 Torre Ave Cupertino, CA 95014 01/04/2024 1-877-945-7378 1-888-467-2378 certificates@willis.com Arch Insurance Company 11150 W32368548 WCX 0031071 15AY 1,000,00012/31/2023 12/31/2024 1,000,000 1,000,000 326786025240644SR ID:BATCH: Willis Towers Watson Certificate Center Page 1 of 1 00 ML0207 00 11 03 Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: SPECIFIC EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY It is agreed that we will not enforce our subrogation rights, as specified in Section D. Subrogation- Recovery From Others of Part Nine-Conditions of the Policy, against the person or organization named in the Schedule below, but this waiver applies only with respect to “bodily injury” arising out of the operations described in the Schedule below, where you are required by a written contract to obtain this waiver from us. Person or Organization: State of California California Student Aid Commission PO Box 419026 Rancho Cordova, CA 95741-9026 Operations: With respect to the agreement between the State of California - California Student Aid Commission and Foothill De-Anza Community College District for the Cal-SOAP / CSAC 2014-2015 contract. Person or Organization: City of Cupertino 10185 N. Stelling Road Cupertino, CA 95014 Person or Organization: City of San Jose, its officials, employees, agents and contractors 00 ML0207 00 11 03 Page 2 of 3 Person or Organization: The City of Sunnyvale, its officers, officials, employees and volunteers Person or Organization: City of Sunnyvale Columbia Neighborhood Center 456 West Olive Avenue Sunnyvale, California 94086 Operations: City of Sunnyvale/Columbia Neighborhood Center After School Art classes presented by the Euphrat's Arts & Schools Program located at 785 Morse Avenue Sunnyvale, CA 94085 Participating schools: Bishop, Columbia Middle, Fairwood, Lakewood, San Miguel, and Vargas. Classes will meet once a week at each site for year 2024 (depending on school site). 00 ML0207 00 11 03 Page 3 of 3 Person or Organization: Cupertino Union School District, its respective elected officials, officers, employees, agents, representatives, consultants, trustees, and volunteers 10310 Vista Drive Cupertino, CA 94015 Description: De Anza College Academy summer program 2023 - enrichment classes for students entering grades 5th to 9th - program to take place June 20 to July 28, 2023 at Cupertino middle school located at 1650 S Bernardo Ave, Sunnyvale, CA 94087 and Hyde middle school located at 19325 Bollinger Rd, Cupertino, CA 95014 All other terms and conditions of this Policy remain unchanged. Issued By: Arch Insurance Company Endorsement Number: 5 Policy Number: WCX 0031071 15 Named Insured: Foothill-De Anza Community College District Endorsement Effective Date: December 31, 2023 President Foothill & City of Cupertino Contract Final Audit Report 2024-07-23 Created:2024-07-23 By:Marilyn Pavlov (marilynp@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA8F6CqL8ytOYPlsvzO__4SR-nLqUrpBPl "Foothill & City of Cupertino Contract" History Document created by Marilyn Pavlov (marilynp@cupertino.org) 2024-07-23 - 6:19:23 PM GMT- IP address: 69.209.31.163 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-07-23 - 6:22:16 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-07-23 - 6:22:48 PM GMT- IP address: 3.232.50.116 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-07-23 - 6:28:51 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval 2024-07-23 - 6:28:52 PM GMT Email viewed by Marilyn Pavlov (marilynp@cupertino.org) 2024-07-23 - 6:28:58 PM GMT- IP address: 3.232.50.116 Document approved by Marilyn Pavlov (marilynp@cupertino.org) Approval Date: 2024-07-23 - 6:29:24 PM GMT - Time Source: server- IP address: 69.209.31.163 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-07-23 - 6:29:25 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-07-23 - 6:30:01 PM GMT- IP address: 52.202.236.132 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-07-23 - 6:33:58 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-07-23 - 6:34:00 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Teri Gerhardt (terig@cupertino.org) for signature 2024-07-23 - 6:34:01 PM GMT Email viewed by Teri Gerhardt (terig@cupertino.org) 2024-07-23 - 6:34:08 PM GMT- IP address: 3.232.50.116 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2024-07-23 - 6:44:27 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-07-23 - 6:44:29 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-07-23 - 6:44:36 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-07-23 - 7:04:06 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-07-23 - 7:04:06 PM GMT