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25-100 PYRO SPECTACULARS NORTH, INC. for Public Fireworks Display 2025___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 1 of 11 No. ___________ FY2024 - 2025 RECREATION SERVICES AGREEMENT 1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation (“City”), and PYRO SPECTACULARS NORTH, INC. (“Contractor”), a California Corporation for Public Fireworks Displays and is effective on the last date signed below (“Effective Date”). 2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. Term. This contract begins on the Effective Date and ends on 07/05/2025 (“Contract Time”), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $42,100 (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment. 5.Independent Contractor. 5.1 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. No civil service status or other right of employment will be acquired by virtue of JC ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 2 of 11 Contractor’s performance of the Services. Contractor is not entitled to City’s health benefits, worker’s compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. Contractor will supply all tools, materials, and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code. 5.2 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 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 directly pay all applicable taxes, fees, contributions, 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 court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal 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 remit 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. 6. Proprietary/Confidential Information. To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it as confidential and use it solely to perform this Agreement. Contractor must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 7. Proprietary Rights. Contractor represents and warrants that it owns all copyrights, including performance rights, to this Production, except that Contractor does not own City-owned material or third-party-owned material that has been included in the Production, and as to such City- owned and third-party-owned material, City assumes full responsibility therefore. City agrees that Contractor shall retain ownership of, and all copyrights and other rights to, the Production, except that Contractor shall not acquire or retain any ownership or other rights in or to City-owned material and third-party-owned material and shall not be responsible in any way for such material. Contractor reserves the ownership rights in its trade names that are used in or are a product of the Production. Contractor grants to City the non-exclusive right to make and use recordings and photographs of the Production and to create and use pictures, and other reproductions of the Production in all media ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 3 of 11 known and unknown throughout the universe in perpetuity without any additional compensation to Contractor. 8. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor’s services, benchmarks, deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City’s final payment. 9. Assignment. This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions. The words “City of Cupertino” shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or under this Agreement, without prior written approval from City. 11. Indemnification. Contractor represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, Contractor shall indemnify, hold harmless, and defend City and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Contractor, their officers, agents, contractors, providers, or employees. City shall indemnify, hold harmless, and defend Contractor from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of City, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party. 12. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and other laws that pertain to fair employment and anti-discrimination practices. Contractor agrees to provide records and ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 4 of 11 documentation to the City on request necessary to monitor compliance with this provision. Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations. If Contractor does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict-of-interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict-of-interest form for engaging in governmental decisions or serving in a staff capacity and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, https://www.cdc.gov/headsup/index.html). D. Submit required forms and acknowledgments included in Exhibit D and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control & Prevention (link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual. 14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor’s designation and any substitution are subject to City approval. For City: Name: Sonya Lee Position: Recreation Manager Contact: sonyal@cupertino.org Name: Pat Dyas Position: Show Producer Contact: pdyas@pyrospec.com ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 5 of 11 15. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible. If City chooses to terminate this Agreement, City agrees to pay to Contractor, as liquidated damages, the following percentages of the Fee as set forth in paragraph 4 and Exhibit A. 1) 50% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event City cancels the Production, it will be impractical or extremely difficult to fix actual amount of Contractor’s damages. The foregoing represents a reasonable estimate of the damages Contractor will suffer if City cancels the Production. 16. Governing Law, Venue, and Dispute Resolution. This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City’s request, Contractor is required to continue to provide Services pending resolution of any dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 17. Attorney Fees. If City is required to pursue litigation, arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 17 survives this Agreement. 18. Third Party Beneficiaries. There are no third-party beneficiaries under this Contract. 19. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant, or condition, or a subsequent breach, whether the same or a different character. 20. Entire Agreement. This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other contract or understanding, either oral or written, between the Parties. This Agreement may not be modified or amended except in writing signed by both Parties. If there is any inconsistency between any term, clause, or provision of the main contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main contract shall prevail and be controlling. 21. Inserted Provisions. Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 22. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement. 23. Severability/Partial Invalidity. If any contract term or provision, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other contract terms and provisions and their application to specific situations will remain in full force and effect. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 6 of 11 24. Survival. All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Ownership of Materials, Records, Governing Law, and Attorney Fees, will survive the expiration or termination of this Agreement. 25. Notices. All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. Office of the City Manager 10300 Torre Ave., Cupertino, CA 95014 Cc: Representative/Coordinator: Sonya Lee PYRO SPECTACULARS NORTH, INC 5301 Lang Ave, McClellan, CA 95652 Cc: Representative/Coordinator: Gary E. Brown 26. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Signatures Continue on the Next Page ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 7 of 11 IN WITNESS WHEREOF, the parties have caused this contract to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date CONTRACTOR Pyro Spectaculars North, Inc. By Name Matthew I. Gilfillan Title Vice President Date Tax I.D. No.: Refer to W9 APPROVED AS TO FORM: KIRSTEN SQUARCIA City Clerk Date 5/15/25 Jeanette Collins Jun 26, 2025 Director of Parks and Recreation Rachelle Sander Jun 26, 2025 ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 8 of 11 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide Public Fireworks Displays in, but not limited to, the following: 4th of July Fireworks Display and Coordination Meetings Prior to Event Location and Time of CONTRACTOR Services: 1.Attend coordination meetings as required by the City either virtually or at the Quinlan Community Center, 10185 North Stelling Road, Cupertino, CA 95014. 2. Provide Fireworks display at Hyde Middle School, 19325 Bollinger Road, Cupertino, CA 95014 on July 4, 2025, at approximately 9:30 p.m. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. Compensation shall consist of the following: The City will pay Pyro Spectaculars North, Inc. a total of $42,100 (Forty-two Thousand One Hundred Dollars), $20,750 (Twenty Thousand Seven Hundred and Fifty Dollars) of the fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at $600 OR an amount to be determined, for a total of $21,350 (Twenty One Thousand Three Hundred and Fifty Dollars) as a deposit upon the execution of this agreement by both parties but no later than May 20, 2025. The balance shall be paid no later than July 15, 2025. List of all Contractor Employees working for the City of Cupertino (if no Employees, identify “self”): Donald Groshart Laury Smith Laura Richardson Zachary Carr Paul Hand Alan Koczorowski Amy Greever * List is preliminary and subject to revision on the day of the event. Performance of CONTRACTOR Services: The CONTRACTOR will provide all pyrotechnic equipment, trained pyro technicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by City) relating to the production, insurance covering the production (limits below) and the other things on its part to be performed as more specifically set forth below in this agreement and in this scope of work (“SCOPE OF WORK”), herein by this reference, and made a part of this agreement as though set forth fully herein. •One Pyro Spectaculars North, Inc., production on July 4, 2025, at approximately 9:30 p.m. at Hyde Middle School, 19325 Bollinger Road, Cupertino, CA 95014 •All pyrotechnic equipment, trained pyro technicians, shipping, and pyrotechnic products. •Application for specific pyrotechnic permits relating to the production. JC ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 9 of 11 • The fireworks display will include: Opening 3” Souza Designer Opening Salutes Quantity – 60 Main Body – Aerial Shells 3” Souza Designer Selections Quantity – 800 Grand Finale 3” Souza Designer Bombardment Shells Quantity – 240 • The show is expected to last between 18 to 20 minutes. Performance of CITY Services: The City will provide: A suitable site (“site”) for the production, security for the site, access to the site, any permissions necessary to utilize the site for the production, and the other things on its part to be performed as more specifically set forth below in this agreement and in the scope of work. All site arrangements are subject to Contractor’s reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the site shall be the responsibility of City, including, but not limited to, parking and general safety with respect to the public, city personnel and other contractors. In addition, City shall: • Provide all on-site labors costs, if any, not provided or performed by contractor personnel including, but not limited to, all site security, police and fire dept. standby personnel, and clean-up crew. • Coordinate any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the production. • Be responsible for costs of all permits required for the presentation of the production and the event as a whole. • Provide a safety zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the site or the load site (if different) on the date of the production and all set-up and load-out dates. • Provide general services including, but not limited to, site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for contractor personnel within the venue, secure parking for contractor vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 10 of 11 EXHIBIT B INSURANCE REQUIREMENTS PROFESSIONAL/CONSULTING SERVICES CONTRACTS Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $5,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement 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 (I) the minimum coverage/limits specified in this agreement; or (ii) 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 Form 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 and non-contributory 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 CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $5,000,000 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. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Contractor’s profession, with limits no less than $1,000,000 per occurrence or $1,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. 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. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 – (Updated by LC-PSNI – 20250508) Page 11 of 11 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Contractor’s CGL policy. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Contractor shall give City written notice within five (5) business days of giving or receiving notice of material alteration, cancellation, non-renewal or expiration of coverage contained in such policy or such certificate of insurance. Waiver of Subrogation Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be authorized to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Contractor must furnish acceptable insurance 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 prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subcontractor’s insurance policies. Higher Insurance Limits If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Contractor. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acrisure Great Lakes Partners Insurance Services 223 West Grand River Ave #1 Howell MI 48843 216-658-7100 216-658-7101 AXIS Surplus Insurance Company 26620 Admiral Insurance Company 24856PyroSpectacularsNorth,Inc. 5301 Lang Ave. McClellan Park CA 95652 875942382 B X 1,000,000 500,000 X 1,000,000 2,000,000 2,000,000 CA000055935-01 2/1/2025 2/1/2026 X A X 4,000,000 4,000,000 UXP0057894-10 2/1/2025 2/1/2026 X THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 6/11/2025 Certificate Holder is named as an Additional Insured in regards to General Liability. Additional Insured extension of coverage is provided by above referenced liability policies where required by written agreement. Date of Display:July 4,2025 Location of Display:Hyde Middle School,Cupertino,CA Additional Insured:City of Cupertino,Hyde Middle School,Santa Clara County Fire Department,Cupertino Union High School District,County of Santa Clara, and their officers,agents and employees when acting in their official capacity as such. Primary noncontributory and waiver of subrogation shall apply. City of Cupertino Quinlan Center 10185 N.Stelling Road Cupertino CA 95014 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acrisure Great Lakes Partners Insurance Services 223 West Grand River Ave #1 Howell MI 48843 216-658-7100 216-658-7101 AXIS Surplus Insurance Company 26620 Admiral Insurance Company 24856PyroSpectacularsNorth,Inc. 5301 Lang Ave. McClellan Park CA 95652 1552964808 B X 1,000,000 500,000 X 1,000,000 2,000,000 2,000,000 CA000055935-01 2/1/2025 2/1/2026 X A X 4,000,000 4,000,000 UXP0057894-10 2/1/2025 2/1/2026 X 6/18/2025 Certificate Holder is named as an Additional Insured in regards to General Liability. Additional Insured extension of coverage is provided by above referenced liability policies where required by written agreement. 30 day notice of cancellation applies except 10 days for non-payment. City of Cupertino Quinlan Center 10185 N.Stelling Road 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-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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/18/2025 Acrisure Great Lakes Partners Insurance Services 223 West Grand River Ave #1 Howell MI 48843 216-658-7100 216-658-7101 Everest Denali Insurance Company 16044 The Continental Insurance Company 35289PyroSpectacularsNorth,Inc. 5301 Lang Ave. McClellan Park CA 95652 1323050080 A 5,000,000 X X X CAR2400000028-0 4/2/2025 4/2/2026 B X37-525906-04-01 (MASTER)5/1/2025 10/1/2025 1,000,000 1,000,000 1,000,000 States covered under workers compensation policy:CA,MO,MT,NY,OR 30 day notice of cancellation applies except 10 days for non-payment. City of Cupertino Quinlan Center 10185 N.Stelling Road Cupertino CA 95014 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY ECG 20 592 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 592 05 09 Page 1 of 1  ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" but only to the extent caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. B.The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C.The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D.With respect to the insurance afforded to an addi- tional insured, the following additional exclusion applies: This insurance does not apply to “bodily injury”, "property damage" or "personal and advertising in- jury" arising out of any act or omission of an addi- tional insured or any of its employees. CA000055935-01 ANY PERSON OR LEGAL ENTITY IN WHICH YOU HAVE A WRITTEN CONTRACT, AGREEMENT, OR PERMIT WHICH REQUIRES THAT YOU NAME THE CONTRACTING PARTY AS AN ADDITIONAL INSURED. City of Cupertino Quinlan Center 10185 N. Stelling Road Cupertino, CA 95014 Date: July 4, 2025 Location of Display: Hyde Middle School Cupertino, CA Additional Insureds include: City of Cupertino, Hyde Middle School, Cupertino Union High School District, Santa Clara County Fire Department, County of Santa Clara and their officers, agents and employees when acting in their official capacity as suc Policy# COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CA000055935-01 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Name Of Person(s) Or Organization(s): CA000055935-01 City of Cupertino NATIONAL SPECIAL TY INSURANCE COMPANY Serviced By AIPSO PO BOX 6200 PROVIDENCE, RI 02940 j 855-224-2247 ADDITIONAL INTEREST ACKNOWLEDGEMENT 06/17/2025 The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers Policy Number: CAR2400000028-0 Policy Period: 04/02/2025 - 04/02/2026 Dear CITY OF CUPERTINO, Below i s a summary of the pertinent information related to this policy and applicable endorsement(s) which are also attached. Named Insured and Address INGRAM ENTERPRISES INC;PYRO S PECTACULARS NORTH INC;PYRO SPECATCULARS INC OBA: FIREWORKS OVER AMERICA 3010 NORTH INGRAM AVE SPRINGFIELD, MO 65803 Coverages Coverages Limit or Deductible CSL Bl/PD REQUIRED BY LAW $5,000,000 Each Accident UM SINGLE LIMIT Bl $300,000 Each Accident UNDERINSURED MOTORIST SINGLE LIMIT BODILY $300,000 Each Accident INJURY Applicable Endorsement(s) CA 04 44 10 13 I Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) CW-C 1037 09 23 Page 1 of 1 POLICY NUMBER: CAR2400000028-0 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: INGRAM ENTERPRISES INC; PYRO SPECTACULARS INC; PYRO SPECTACULARS North INC Endorsement Effective Date: 06/17/2025 SCHEDULE Name(s) Of Person(s) Or Organizatlon(s): The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers Inform ation reauired to comolete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Agai�st Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or or ganization. CA 04 441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 □ POLICY NUMBER: COMMERCIAL AUTO AP 70 71 09 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AP 70 71 09 18 Pa e 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) shown in the Schedule provided that: 1.The person(s) or organization(s) shown in the Schedule is an “insured(s)” under your policy. 2.The person(s) or organization(s) shown in the Schedule is a Named Insured under such other insurance; and 3.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) shown in the Schedule. B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) shown in the Schedule provided that: 1.The person(s) or organization(s) shown in the Schedule is an “insured(s)” under your policy. 2.The person(s) or organization(s) shown in the Schedule is a Named Insured under such other insurance; and 3.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) shown in the Schedule. Instructions The provisions of this endorsement must be attached to, incorporated in, or overprinted upon every applicable policy providing for Primary and Noncontributory Coverage in accordance with the provisions of an Automobile Insurance Plan or JUA. Refer to Index for state(s) in which this form is applicable. Includes copyrighted material of Insurance Services Office, Inc., with its permission. © Insurance Services Office, Inc., 2016 INGRAM ENTERPRISES INC; SPECTACULARS NORTH INC.; PYRO SPECTACULARS INC. 6/12/2025 The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers CAR2400000028-0 CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. P O Box 744963 Los Angeles, CA 90074-4963 License No: OC 36861 City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants NAMED INSURED (EVENT HOLDER): City of Cupertino 10300 Torre Ave Cupertino, CA 95014 EVENT INFORMATION: TYPE: 4th of July Fireworks Display 2025 DATE(S): July 4, 2025 LOCATION: Hyde Middle School, Miller Ave, Sedgwick Elementary, Creekside Park and West Valley Presbyterian Church *Liquor Liability Yes No **Liquor 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 MKLV7PBC001969 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2025 EXPIRATION: JANUARY 1, 2026 COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products & Completed Operations Personal & Advertising Injury Each Occurrence Limit Damage To Premises Rented To You (Any One Premises) Medical Payments (Any One Person) Liquor Liability (If purchased) Optional Limits Purchased $1,000,000/$3,000,000 $2,000,000/$2,000,000 Damage To Property (If purchased) Waiver of Subrogation (If Purchased) X Yes No $ 2,000,000 1,000,000 1,000,000 1,000,000 100,000 5,000 1,000,000 OCCURRENCE FORM DEDUCTIBLE: NONE SPECIAL CONDITIONS: The following endorsements attached to the Master Policy do not apply to this Certificate Of Insurance: 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 West Valley Presbyterian Church Cupertino Union School District 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: 5/21/25 MPIL 1039-CA 01 20 Page 1 of 2 EVANSTON INSURANCE COMPANY IMPORTANT NOTICE CALIFORNIA SURPLUS LINES NOTICE (D-2) 1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus lines” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus line” broker or contact the California Department of Insurance at the toll-free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC’s internet website at www.naic.org. The NAIC – the National Association of Insurance Commissioners – is the regulatory support organization created and governed by the chief insurance regulators in the United States. 5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain MPIL 1039-CA 01 20 Page 2 of 2 more information about that insurer. You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm. 6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus line” broker to obtain more information about that insurer. 7. California maintains a “List of Approved Surplus Line Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov./01-consumers/120-company/07- lasli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 POLICY NUMBER: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, and Volunteers Page 1 of 2MDIL 1001 08 11 EVANSTON INSURANCE COMPANY FORMS SCHEDULE POLICY NUMBER: MKLV7PBC001969 FORM NUMBER FORM NAME MJIL 1000 08 10 MPIL 1007 01 20 MPIL 1039-CA 01 20 MPIL 1041 02 20 MPIL 1083 04 15 MDIL 1001 08 11 IL 00 21 09 08 MEIL 1231 10 13 MDGL 1008 08 11 BC CG 00 01 04 13 CG 02 24 10 93 CG 20 01 04 13 CG 20 11 04 13 CG 20 26 04 13 CG 21 33 11 85 CG 21 47 12 07 CG 21 58 04 13 CG 21 70 01 15 CG 21 76 01 15 CG 21 96 03 05 IL 00 17 11 98 MEGL 0241 05 16 MEGL 1639 08 14 MEGL 2300 11 19 MEGL 2322 05 21 MEGL 5300 05 16 MEGL 5302 05 16 MEGL 5303 05 16 MEIL 1200-CA 02 23 MEIL 1225 10 11 MEIL 1251 10 21 MGL 1319 01 16 MGL 1356 10 20 MIL 1214 09 17 IL 12 01 11 85 MDIL 1000-CA 08 11 Common Policy Declarations Policy Changes - for CA Trade or Economic Sanctions Exclusion - Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data Exclusion - Unmanned Aircraft Two Or More Coverage Forms or Policies Changes - Civil Union Service Of Suit - California Exclusion - Lead Exclusion - Asbestos Exclusion-Organic Pathogen And Legionellae Exclusion - Communicable Disease Exclusion - Marijuana Excl - Aircraft and Hot Air Balloon Rides, Demos & Waiver Of Transfer of Rights Against Others to Us Common Policy Conditions ESX Silica Or Silica-Related Dust Exclusion Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism Cap on Losses From Certified Acts of Terrorism Exclusion - Professional Veterinarian Services Employment Related Practices Exclusion Exclusion - Designated Products Additional Insured - Desg Person or Organization Additional Insured-Managers or Lessors of Premises Primary & Noncontributory - Other Ins Condition Earlier Notices of Cancellation Provided By Us Commercial General Liability Coverage Form Commercial General Liability Coverage Part Declarations Minimum Earned Premium And Minimum Retained Premium Nuclear Energy Liability Exclusion Endorsement GD Forms Schedule U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC") Advisory Notice To Policyholders How To Report A Claim California Surplus Lines Notice (D-2) Privacy Notice Policy Jacket/Signature Page Page 2 of 2MDIL 1001 08 11 Abuse, Molestation, Or Exploitation Coverage-Defense Costs Within Limits Concert or Performance Exclusions and Limitations Exclusion - Aircraft and Watercraft Liability Assumed Under An Insured Contract Exclusion - Amusement Devices and Rides Exclusion - Boxing, Wrestling and Contact Martial Arts Exclusion - Entertainers, Participants and Equipment Exclusion - Fireworks, Pyrotechnics and Flashboxes Exclusion - Motorized Sporting Events Exclusion - Professional Sporting Events Exclusion - Rodeos and Roping Events Exclusion - Obstacle Course Races and Mud Runs Additional Insured - Concessionaires, Exhibitors and vendors Aggregate Limit of Insurance Broadened Insurance Damage to Property Coverage Liquor Liability Coverage Premium Reporting Primary and Noncontributing Insurance Exclusion-Abuse, Molestation, Or ExploitationMEGL 2632 01 24 MEGL 1857 11 17 MEGL 1856 10 14 MEGL 1855 08 14 MEGL 1854 08 14 MEGL 1853 10 14 MEGL 1852 08 14 MEGL 1851 08 14 MEGL 1664 08 15 MEGL 1647 08 14 MEGL 1646 08 14 MEGL 1645 08 14 MEGL 1644 08 14 MEGL 1643 08 14 MEGL 1642 10 14 MEGL 1641 05 16 MEGL 1640 08 14 MEGL 1638 11 19 MEGL 0205 01 24 © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A.Cancellation 1.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b.30 days before the effective date of cancellation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be sufficient proof of notice. B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C.Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D.Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E.Premiums The first Named Insured shown in the Declarations: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. F.Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. INTERLINE IL 00 17 11 98 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1MEGL 0241 5 16 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule of this endorsement with respect to written contracts that exist between you and such person or organization, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. SCHEDULE COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MKLV7PBC001969 Name Of Person Or Organization: Additional Premium:$150 per Tenant/User or Instructor/Recreation Event Waiver is provided to a state or municipal public entity when required for an individual "Tenant/User Event" or "Instructor/Recreation Event", and when this waver has been elected and purchased for that individual event. A Tenant/User Event is an event that is held or sponsored by companies, organizations, or individuals that have been permitted to use your premises. An Instructor/Recreation Event is an event that is instructional to its participants. Instructors are not employees of the public entity, but provide instructional services for a fee. Public Fireworks Display 2025 Final Audit Report 2025-06-26 Created:2025-06-25 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA0JNAMnXKxHrN_WTwukNqh1aGVSBLnQwQ "Public Fireworks Display 2025" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-06-25 - 3:58:06 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-06-25 - 4:07:30 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-06-25 - 4:07:39 PM GMT- IP address: 54.88.136.74 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-06-25 - 4:16:52 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to lcollins@pyrospec.com for signature 2025-06-25 - 4:16:55 PM GMT Webmaster Admin (webmaster@cupertino.org) added alternate signer Jeanette Collins (jcollins@pyrospec.com). The original signer lcollins@pyrospec.com can still sign. 2025-06-26 - 4:13:12 PM GMT- IP address: 73.93.62.184 Document emailed to Jeanette Collins (jcollins@pyrospec.com) for signature 2025-06-26 - 4:13:13 PM GMT Email viewed by Jeanette Collins (jcollins@pyrospec.com) 2025-06-26 - 4:19:21 PM GMT- IP address: 104.47.55.254 Document e-signed by Jeanette Collins (jcollins@pyrospec.com) Signature Date: 2025-06-26 - 4:20:00 PM GMT - Time Source: server- IP address: 12.164.30.226 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-06-26 - 4:20:02 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-06-26 - 4:20:10 PM GMT- IP address: 3.92.162.0 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-06-26 - 6:47:49 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2025-06-26 - 6:47:52 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2025-06-26 - 6:47:59 PM GMT- IP address: 54.174.90.160 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2025-06-26 - 6:53:01 PM GMT - Time Source: server- IP address: 98.51.212.207 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-06-26 - 6:53:03 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-06-26 - 6:53:12 PM GMT- IP address: 44.205.17.17 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-06-26 - 8:16:10 PM GMT - Time Source: server- IP address: 104.28.123.111 Agreement completed. 2025-06-26 - 8:16:10 PM GMT