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25-120 MOU Pacific Coast Farmer’s Market Association for Tabling and Booth Space at 2025 Summer Concert Series
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND PACIFIC COAST FARMER’S MARKET ASSOCIATION REGARDING TABLING AND BOOTH SPACE AT THE 2025 SUMMER CONCERT SERIES This Memorandum of Understanding (“MOU”) is between the City of Cupertino (“City”) and Pacific Coast Farmer’s Market Association (“Organization”) (together, the “Parties”) for Tabling and Booth Space at the 2025 Summer Concert Series. WHEREAS, the City annually hosts the Summer Concert Series (“Event”), free community concerts at the Memorial Park Amphitheatre, for community members to enjoy live performances from talented local bands and artists; and WHEREAS, the Organization has a special use permit from the City to host a weekly certified farmer’s market on City property and has expressed interest in hosting a booth at the Event in order to educate and notify event attendees about fresh local produce and local businesses within the Cupertino Community; and WHEREAS, the City agrees to providing tabling and booth space at the Event for the Organization and that it is to the Parties mutual advantage to enter into this MOU; and WHEREAS, a MOU between the Parties is necessary to outline the purpose of this collaboration; NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the parties hereto as follows: 1. Term a. This MOU is effective on the last date signed below (“Effective Date”) and will remain in effect through July 31, 2025 (“Expiration Date”). City may terminate the contract for cause or without cause at any time and will notify Organization as soon as possible. 2. Coordination a. Representatives from the Organization and the City will communicate by email before the specified Event date to coordinate efforts for the tabling and booth space. 3. City Obligations a. Reserve space at the Memorial Park Amphitheater Field on Thursday, July 31, 2025 for a table or booth at the Event for the Organization. 4. Organization Obligations a. Provide table, chairs, easy ups (maximum of 2), and all supplies and marketing materials to promote the Organization b. Set up and take down of all equipment utilized for the booth or table. c. Adhere to the area pre-determined by the City for the booth or table. d. Ensure all marketing materials list the City as a co-sponsor. e. Provide additional activities for kids and children at the booth or table, as agreed with the City, such as market-themed coloring pages and crosswords, button maker, coloring activity, Plinko Game (with giveaways), etc. 5. Compensation a. The services described above are provided by the Parties as a service to the community. Unless otherwise mutually agreed upon in writing by the parties, the Parties will not compensate (i.e. provide remuneration to) each other for the services described above. 6. General Provisions a. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Organization agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and contractors (collectively, “Indemnitees”), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of or in any way related to Organization’s or Organization’s agents performance of this MOU. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Organization must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. This provision shall survive termination of the MOU. b. Insurance. Organization shall comply with the insurance requirements in Exhibit A. City will not execute the MOU until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. c. Entire Agreement. This MOU represents the full and complete understanding of every kind of nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. d. Amendment. Any amendment to or modification of this MOU will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this MOU. e. Governing Law and Venue. This MOU is governed by the laws of the State of California. Any lawsuits files related to this MOU must be filed with the Superior Court for the County of Santa Clara, State of California. f. Third Party Beneficiaries. There are no intended third-party beneficiaries of this MOU. g. Headings. The headings in this MOU are for convenience only, are not a part of the MOU, and in no way affect, limit, or amplify the terms or provisions of this MOU. h. Severability / Partial Invalidity. If any term or provision of this MOU, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this MOU or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this MOU to carry out its intent. i. Survival. All provisions which by their nature must continue after the MOU expires or is terminated shall survive the MOU and remain in full force and effect. j. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail: To City of Cupertino 10185 North Stelling Road Cupertino, CA 95014 Attention: Sonya Lee Contact Info: (408) 777-3121 SonyaL@cupertino.org To Pacific Coast Farmer’s Market Association 5060 Commercial Circle Ste. A Concord, CA 94520 Attention: Christopher J. Ball Contact Info: (925) 825-9090 chrisball@pcfma.org SIGNATURES CONTINUE ON THE FOLLOWING PAGE IN WITNESS WHEREOF the Parties have executed this Memorandum of Understanding which shall become effective upon the date of the execution of the MOU by all parties. CITY OF CUPERTINO A Municipal Corporation By Name Title Date Pacific Coast Farmer’s Market Association By Name Title Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Jul 29, 2025 Executive Director Allen Moy Jul 30, 2025 Director of Parks and Recreation Rachelle Sander Jul 30, 2025 Exhibit A Insurance Requirements As required by the MOU, Organization shall procure prior to commencement of Programs and maintain the following insurance for the duration of the MOU against claims arising from or in connection with Organization, its agents, representatives, employees or subcontractors Programs under this MOU. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. 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 Organization's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering Code 1 (any auto), or if Organization has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Required if automobile is used to perform work under this contract.) Not required. Organization shall be fully remote and not use automobiles to provide the service. In the event Organization uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Organization shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Organization does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Organization has provided written confirmation that it does not own any autos. Organization shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Organization uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Organization shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). In lieu of Business Automobile Liability, Organization shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory and Employer’s Liability Insurance limits of no less than $1,000,000 per accident/disease. If no employees, Organization must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: Insurance is required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors) or vulnerable populations. Coverage shall include bodily injury sexual abuse and molestation coverage, personal injury, and property damage, including without limitation, blanket contractual liability. Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies with a limit of no less than $2,000,000 per occurrence and $4,000,000 aggregate. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. Not Required. Contract does not involve services to minors or vulnerable populations Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. 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 Organization’s CGL and automobile liability policies. Endorsement of General Liability coverage shall be 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 and Non-Contributory Coverage Except Workers’ Compensation coverage, Organization’s insurance coverage shall allow and be endorsed primary coverage at least as broad as the most recent edition of ISO CG 20 01. Any insurance or self- insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess o f Organization’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Organization shall provide written notice to the City of a cancellation or policy modification no later than 30 business days in adv ance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Organization 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 General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Organization, its employees, agents, volunteers 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 (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Organization 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 Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Organization must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including 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 Organization shall require and verify that all subcontractors maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subcontractor’s insurance policies. Higher Insurance Limits If Organization 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 Organization. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverages based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 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 4/10/2025 InterWest Insurance Services,LLC P.O.Box 255188 Sacramento CA 95865-5188 Yadira Gutierrez 925-977-4133 ygutierrez@iwins.com License#:0B01094 Evanston Insurance Co.35378 PACICOA-02 United Financial Casualty 11770PacificCoastFarmersMarketAssociation 5060 Commercial Circle A,B &C Concord CA 94520 Security National Insurance Co 19879 282375352 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y Y 3AA885553 4/10/2025 4/10/2026 B 1,000,000 X X Y Y 995779895 4/10/2025 10/10/2025 A X 4,000,000 X MKLV5EUL105663 4/10/2025 4/10/2026 4,000,000 C XYSWC15325601/1/2025 1/1/2026 1,000,000 1,000,000 1,000,000 Additional Insured status applies to requested entities if required by written contract per the attached policy form/endorsement(s).Waiver of subrogation applies to requested entities if required by written contract per the attached policy form/endorsement(s).Primary non-contributory applies to requested entities if required by written contract per the attached policy form/endorsement(s).30 day notice of cancellation with respects to General Liability applies to requested entities if required by written contract per the attached policy form/endorsement(s). Cupertino Farmers Market 10455 Miller Avenue,Cupertino,CA.95014. The general liability deductible is $2500 per claim City of Cupertino 10300 Torre Avenue Cupertino CA 95014 MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A.Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B.With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the valid written 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. All other terms and conditions remain unchanged. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA885553 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED $ (Check box if fully earned ) CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 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. Policy: 3AA885553 MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE 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 any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium: $ COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA885553 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. POLICY NUMBER: 3AA885553 Policy #995779895 Policy #995779895 24 2. Policy Changes This policy, your insurance application (which is made a part of this policy as if attached hereto), the declarations page, as amended, and endorsements to this policy issued by us contain all the agreements between you and us. Subject to the following, its terms may not be changed or waived except by an endorsement issued by us. The premium for this policy is based on information we have received from you or other sources. You agree to cooperate with us in determining if this information is correct and complete, and you will notify us if it changes dur- ing the policy period. If this information is incorrect, incomplete, or changes during the policy period, you agree that we may adjust your premium during the policy period, or take other appropriate action. Changes that may result in a premium adjustment include, but are not limited to, changes in: a. the number, type, or use classification of insured autos; b. operators using insured autos, their ages, driving histories, license sta- tus, state or country of license issuance, or marital status; c. the place of principal garaging of any insured auto; d. coverage, deductibles, or limits of liability; or e. rating territory or discount eligibility. If you ask us to delete a vehicle from this policy, no coverage will apply to that vehicle as of the date and time you ask us to delete it. Nothing contained in this section will limit our right to void this policy for fraud, misrepresentation or concealment of any material fact by you, or any- one acting on your behalf. 3. Other Insurance a. For any insured auto that is specifically described on the declarations page, this policy provides primary coverage. For an insured auto which is not specifically described on the declarations page, coverage under this policy will be excess over any and all other valid and collectible in- surance, whether primary, excess or contingent. However, if the insured auto that is specifically described on the declarations page is a trailer, this policy will be excess over any and all other valid and collectible in- surance, whether primary, excess or contingent, unless the trailer is attached to an insured auto that is a power unit you own and that is specifically described on the declarations page. b. If coverage under more than one policy applies on the same basis, either excess or primary, we will pay only our proportionate share. Our pro- Policy #995779895 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2025 Policy No. SWC1532560 Endorsement No.0 Insured Pacific Coast Farmers Market Association (Not-for- Profit) Insurance Company Security National Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) Tabling and Booth Space at the 2025 Summer Concert Series Final Audit Report 2025-07-30 Created:2025-07-28 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAQdqKuEU4u8uWkho9cFMUIaw58OfI2AiV "Tabling and Booth Space at the 2025 Summer Concert Series" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-07-28 - 11:50:45 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-07-28 - 11:55:07 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-07-28 - 11:55:15 PM GMT- IP address: 44.222.157.188 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-07-29 - 0:36:51 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Christopher Ball (chrisball@pcfma.org) for signature 2025-07-29 - 0:36:53 AM GMT Webmaster Admin (webmaster@cupertino.org) replaced signer Christopher Ball (chrisball@pcfma.org) with Allen Moy (allenmoy@pcfma.org) 2025-07-29 - 8:26:29 PM GMT- IP address: 64.165.34.3 Document emailed to Allen Moy (allenmoy@pcfma.org) for signature 2025-07-29 - 8:26:30 PM GMT Email viewed by Allen Moy (allenmoy@pcfma.org) 2025-07-29 - 8:27:11 PM GMT- IP address: 104.47.74.126 Document e-signed by Allen Moy (allenmoy@pcfma.org) Signature Date: 2025-07-29 - 8:28:24 PM GMT - Time Source: server- IP address: 96.90.214.93 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-07-29 - 8:28:26 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-07-29 - 8:28:34 PM GMT- IP address: 3.235.167.137 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-07-30 - 1:15:21 AM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2025-07-30 - 1:15:23 AM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2025-07-30 - 1:15:31 AM GMT- IP address: 54.198.7.117 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2025-07-30 - 3:01:58 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-07-30 - 3:02:02 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-07-30 - 3:02:28 PM GMT- IP address: 54.221.6.230 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-07-30 - 4:28:06 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-07-30 - 4:28:06 PM GMT