12-051 Acterra, Agreement for Consultant Services for Green@Home ProgramAGREEMENT TWEEN °THE CITY OF CUPERTINO AND ACTERRA FOR
CONSULTANT SERVICES FOR THE GREED HOME PROGRAM
THIS AGREEMENT, for reference dated April 17„ 2012 is by and between
CITY of CUPS TINo, a municipal corporation (hereinafter referred to as "City"), and
ACT1A, Anon- profit organization whose address is 3921 East Bayshore road, Palo
Alto, CA 94 3 o 3 -(hereinafter referred to as "Consultant" , and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California With the power to carry on -its business as it is now
being condueted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the shill, experience, ability, background,
ground,
certification and I xo vledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire -to enter into an agreement for
upon the terms and conditions herein.
IoW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1 TERM:
The terra of this Agreement shall commence on April 17, 2 12and shall terminate
on June 30, 2012,5 unless ter"Mrnated earlier as set forth herein.
2. SERVICES To BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" hick is
attached hereto and 'incorporated herein b y this reference,
3. COMPENSATION T CONSULTANT:
Consultant shall be compensated for services perforr ed pursuant to this
.Agreement in the amount set forth in Exhibit "A" which is attached hereto and
incorporated herein by this reference. Payment shall be made by checks drawn on the
treasury of the City, to be taken from the General farad, Accor t # 110-3 700 -7014.
4. TIME IS OF THE ESSENCE:.
Consultant and City agree that time is of the essence n re ardi the performance of
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this Agreement.
5. STANDARD OF CA
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of life professionals in the San Francisco Bay Area and
agrees that all services shall he performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are 'under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terns of this Agreement. No civil
service stags or other right of employment va*I1 be acquiredby virtue of Consult ar�t.f s
services. lone of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, F1 CA payments, PERS . payments, or other
purposes normally associated with an employer - employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
76 IMMIGRATION REFORM AND CONTROL ACS I C .
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees - performing- work hereunder,
pursuant to all applicable 11CA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unap eee table
employer /employee conduct, Consultant agrees that harassment or discrimination
directed toward a job applicant, a City employee, or a citizen by Consultant or
Consultant's employee or subcontractor on the basis of race, religious creed, color,
national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or
sexual orientation Will not be tolerated. Consultant agrees that any and all violations of
this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS.
Indemnification:
Consultant shall, to the fullest extent allowed by lave, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers
from and against any and all liability, claims, actions, causes of action or demands
whatsoever against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, whether physical, emotional,
consequential or otherwise, arising out, pertaining to, or related to the
performance of this Agreement by Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City' s choice, expert fees
and all other costs and fees of litigation.
10. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 10 , B5 C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement. 'Should any of
the above
insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thin 30 days'
advance written notice to the City of Cupertino by certified mail, .Attention': City
Manager. It's agreed that Consultant shall maintain in force at all times during the
erfonnance of this ,Agreement all appropriate coverage of insurance rewired by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage;
(1) Workers' Compensation: , .
Statutory coverage as required by the State of California.
(2) Liabi1
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: 0000
each occurrence
1, ONO
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of I ,000,1000 will be considered equivalent to the
required minimum limits show. above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits;
Bodily Injury: $500,000 each occurrence
Property Damage: 100,000 each occurrence
or
Combined Single Limit: $500.,000 each occurrence
(4) Professional Li i11 ;
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the amount
of at least $1,000,000.
I. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he /she has agreed to provide comprehensive general and automotive liability nsurance
Consultant �
t shall look solely to his/her insurance for recovery. Consultant hereby rants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE To SECURE:
If Consultant at any tirrxe during the terra hereof should fail to secure or maintain
the foregoing insurance, City shall be pern fitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be corn e sated tie
Consultant y
sultant for the costs of the insurance premiums at the maximum rate y
errnitted law
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and computed from the date written notice is received that the premiums have not been
paid,
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, y
em p i ees and
volunteers shall be ruined as an additional insured under all insurance coverages, except
any professional liability insurance, required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such additional insured would
be entitled under this policy if not named as such. additional insured. An additional.
insured named herein shall not be held Liable for any premium, deductible ortion of
p y
loss, or expense of any nature on this policy or any extension thereof, An y other
insurance held by an additional insured shall not be required to contribute anything
toward any loss or expense covered by the insurance provided by this p olio ..
E. SUFFICIEA NCY of INSURANCE:
The insurance limits required by City are not represented as being sufficient to
rote � r
protect Consultant. Consultant is advised to confer with Consultants insurance broker to
determine adequate coverage for Consultant.
11, CONFLICT of INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant
to perform
the services required by this Agreement. Consultant may e required to fill out conflict
ct
of interest form if the services provided under this Agreement r uire 'Consultant to mak
s 1
certain govemmental de i
sions or serve in a staff capacity as defined in Title 2, Division
Section 1 8700 of the California Code of Regulations.
1. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this g reement or
any interest ,therein, directly or indirectly, by operation of lave or otherwise,, without p rior
written consent of City. Any attempt to do so without said consent shall
be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest
by
reason of such attempted assigmment, hypothecation or transfer. However, cla,ims for
money by Consultant from City under this Agreement may be assigned to a bank trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of an y of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
ve��.ture p
or syndicate r� ember or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant shall
be construed as an assignment of this ,Agreement.. Control means fifty percent 0% or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish pr of° of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any wor1c or services subcontracted
hereunder shall be subject to each provision of this Agreement.
14. PERMI'T'S AND LICENSES:
Consultant, at his /her sole expense, shall obtain and maintain during the tern of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, niap, record and other
document, hereinafter collectively referred to as "Report ", reproduced, prepared or
caused to be prepared, by Consultant pursuant to or in connection with this .Agreement,
shall be the exclusive property of City. Consultant shall not a copyright Report
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required. by this Agreement and shall execute appropriate documents to assign. to Cit y the
copyright to Reports created pursuant to this Agreement. Any Report, infor-rnation and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. Ali. Reports prepared by Consultant may be used by City in execution or
implementation oft
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the -original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be rinted on
a
recycled. paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
1. RECORDS:
Consultant shall maintain complete and ceurte records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance. with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit sane, and to make transcripts therefrom as necessary, and to allow
inspection of all wort, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three ears
after receipt of final payment.
If supplemental examination or audit of the records i
effective date of termination.
19. UTILITIES
Consultant shall pay all charges for fuel, gas, water, electricity, telephone services
and any other utilities necessary to carry on the operations of Consultant.
20. NUISANCE
Consultant shall not maintain, commit, or permit the maintenance or commission
of any nuisance in connection with the performance of services under this Agreement.
2I . SAFETY REQUIREMENT
All wort perfonned under this Agreement shall be performed in such a manner as
to provide safety to the public and to meet or exceed the safety standards outlined by
CAL - OSHA.. City reserves the right to issue restraints or cease and desist orders to
Consultant when unsafe or harmful acts or conditions are observed or reported relative to
the performance of the work under this Agreement.
Consultant shall maintain the Work sites free of hazards to persons and/or property
resulting from his or her operations. Any hazardous condition noted by Consultant
which is not a result of his or her operations, shall immediately be reported. to City.
y
2. COMPLIANCES.
Consultant shall comply with all state or federal laws and, all ordinances rules and
.regulations enacted or issued. by City.
23. CONFLICT OF LAW,
This Agreement shall be interpreted under, and enforced by the laves of the S�.at - J1t
e
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laves, orders, nrles, and regulations of the authorities having j-ur°is ircti n over this
Agreement or the successors of those authorities.)
Any suits brought pursuant to this Agreement shad be filed with the courts of the
County of Santa Clara, State of California.
24. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited
displayed any signs, advertising, show hills, lithographs, posters or carols of any bind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
25. WAIVES.:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or an
other condition tern, covenant, o condition contained herein, whether of the sane or a different
character.
26. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No 'verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
7. INSERTED .T PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. if through mistake or otherwise, any such provision is not
inserted or i
<2>
Acterra
Acterrg
3921 East Bayshore Road
Palo Alto$ CA 94303 -4303
EXHIBIT A
tel (380.962.9876
fax 660,962,8234
www.Acterra.org
info@Acterrai.org
"N
August 31, 2011
Revised 31912012
Scope of Worl for cterra's Green @Home
I eigh4 rh od- Focused Residential Energy Eff ic! e ncy Program 1 i Cu partl no, FY 2011,12
Program Cost; $20,000
I. introduction
Act rro w111 continue its work w1th the My of - wperflnc, the Orograrn =t of $20,000 supports
on_'golng staff Ing and supplles for FY 2011-12, The program's overhood and admInistrative costs
are shared l-th other clues tW are also contlnul ng Frith G reen 6 Hc rn e d u rl ng th 18 fIscal year,
T Is document outlines the Scope off. Work for A terra's contact with the My of Cupertino for
FY 2011 -1. '
li. Scope of Work
Acterra will conduct the following services for the City of Cupertino during the 12 months starting July
1, 2011:
1. Pro g ram Planning
a. Acterra will work-with City of Cupertino staff to develop mutually agreed upon' schedule
nd suite of materials to support neighborhood - focused training, outreach, n
neighborhood -based HouseCalls.
2. Training-
a. Acterra staff will conduct at least one two- pa rt voI unteer traIWIng class in Cupertino with
goal of training at least 10 more Cupertino residents and students, Including upertino's
Climate Corps member, to perform Green @HoMe Hou a ally. Trained volunteers from
other cities also are available to conduct Hou eCalls in Cupertino. The City of Cupertino will
provide the venue, required city erh pl yee support, and light refresh m ents for~ each of the
ening training sessions.
b. Acterra staff will conduct at least o e comm unity outreach volunteer training In Cupertino
with the goal of training at least 10 more Cupertino residents and students, inclydins
Cupertino's Climate Corps member, to perform outreach functions such as drafting
ne sl tt r articles, creating rardlo and television public servl'ce announcements, tabling at
community environmental festivals, hosting educational Information sessions at block
Parties, etc. Trained community outreach volunteers from other cities are also av llable to
support outreach activities in Cupertino. The City of Cupertino will pro ode the venue,
required city employee support, and light refreshments for each training sessions,
c. Green @Home staff will work with city staff, community organI ations and local businesses
to offer at least two educational workshops s for neighborhood leaders and/or commun1ty
mernbors at large. one workshop wilifocus on basic do-it-yourself (DIY} h.orne energy
f# i':IT�flT1
efficiency techniques and the other workshop will be about assessing whether a home is
suitable for PV solar r installation.
3. Outreach
a. Acterra will continue to work with Cupertl~no City staff to publicize the program. This may
1 nvo lve'a nothe r~ doo r -t -d or flye r distribution eve nt and staffing block parties ire areas not
previously covered. The City is requested to provide supporting City staff, contractors or
volunteers to ensure adequate event coverage.
b, At the end of every HouseCall, Acterra will offer residents a city-provided folder containing
City - selected materials ref&enclng City or local environmental services such as hazardous
waste collection, electronics recycling and water conservation and grant, rebate or incentive
programs including Energy Upgrade Santa Clara Counter.
c, Acterra staff will work with the City of Cupertino staff, local media, neighborhood
associations and other community organizations to publicize the program throughout the
year and offer recognition to volunteers and participating residents.
d. G reen@Home staff wlII endeavor to visit the meeting of each Cupertino neighborhood
association, defined in partnership with the City, once during the year to Inform them about
the program and solicit their participation.
e. In all cases, Green @Nome staff will notlfy the City of its' scheduled outreach events at least
weeks In advance of the hosted evert bloc) party, H A meeting, etc.) or material
distribution event, so that the C[ty may .offer support resources and, If 'necessary,
staff i n 'go I u ntee rs .
f. In all cases, Green @Home staff will have consent from the property owner where the event
is to be h ld and support of the City befo -re attending or hosting said events.
g. Should the education or informational distribution evert be hosted on City property, Acterra
acknowledges that the City has a permit requirement for all organizations tabling on its
properties and will, therefore, work with staff' to obtain the required permit so as to ensure
Compliance with this City policy.
4. Activities
a. Trained HouseCall volunteers will visit at l 'east Cupertino homes ( HousoCalls per' oath)
to install basic energy-saving devices and complete a residential energy audit. Residents
who receive a HouseCall audit will be offered a colorful yard window sign to publicize their
commitment itr ent to energy conservation.
b. Acterra will ma ke follow -up Bails to residents to determine whether they wont ahead with
suggested conservation recommendations and their written commitment to 'make such
further changes. Data -from these follow up surveys will be provided to the City,
c. To support the City's Environmental Affairs Division in its goal to facilitate broader
participation lei the City's environmental programs, Acterra will work with City staff to
engage neighborhoods, to promote the suite of envirDn ental services offered by the city,
Including energy efficiency, water conservation, aind materials management (recycling
compost). To this aim, Acterra will implement the "Neighbors" program with a mini' um of
two neighborhoods.
di* To further support+the City's goals for comm Unity engagement, Acterra w.i1l pilot and
implement a "'blitz" program in a m'Inir urri of I neighborhood and 3, r ulti -far it r housing
corple in Cupertino, It is understood that this "blitz" program can supplement or
substitute the "Neighbors" program described above, and Act rr4a's agreement only requires
the organization to engage a minimum of two neighborhoods in this fiscal year,
EXHIBIT A
5. Reporting
a. Acterra will prepare one annual report to the My of Cupertino detailing the success of the
prog ra m at the close of the fiscal gear (June 30, 2012 )+ ThIs will be due by Ju ly 30, 20 12.
III Support Requested from the -City of Cupertino
As part of this agreement, the City will{
1. Provide funding for the program as indicated.
2. Continueto provlft folder packets containing Information on Cupertino environmental
programs and resources to be given to each resident receiving a Housecall,
3. Continuo to provide venues, light refreshments, and required City+ staff support for-traInIng and
outreach events,
4. Continue to provide program outreach assistance in the form of:
a. Notl e In City publications and on the City web site of trainings, outreaph events, and
neighborhood outreach*
b. Press releases about Green@Horne and related everts*
. City -wide announcements In city publications`
d. Information and lints on City website*
e. Access to City staff to coordinate and develop outreach ca mpaigns.
5. eterra welcomes direction from the City regarding rit rl -a to determine which
homes /neighborhoods should be the highest priority for outreach activities,
6. (Optional, but very helpful) Storage of Green @Home supplies for serving the Cupertino
community at least a 10 x 10 ft storage sparse with easy access during work days),
' Acte rra will provide content for the C Ity to include ire the aforementi nod resources.
A+ `" ` CERTIFICATE OF LIABILITY INSURANCE
DATr: (M MIDDtYYYYI
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THS COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DUES NOT CONSTITUTE A, CONTRACT BETWEEN THE ISSUING INSURER{ }# 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 certifleate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
PHILADELPHIA INSURANCE COMPANIES
MA UIRE INSURANCE
2300 CLAYTON ROAD, SUITE 1330
CONCORD, DA 94620
CONTACT
NAME
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INSURR R(S AFFORNNG COVEPAGE
NAIC #
INSURER A. PHILADELPHIA INDEMNITY INS CO
18058
INSURED
A TER A: ACTION FOR A HEALTHY PLANET
3921 EAST BAY H F E
PALO ALTO, CA 94303
INSURER D,
05/30/2011
INSURER
EACH OCCURRENCE
INSURER D;
PREMI E ERENTED
nce)
IN URER E:
IVIED EXP (Any one person)
INSURER F:
PERSONAL & AOV INJURY
COVERAGES E CERTIFICATE NUMBER.: 100046 REVISION NUMBER:
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 ITHSTAI DIN ANY REQUIREMENT, EI ENT, TE 1 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 SHOWN MAY HAVE BEEN REDUCED ED B PAID CLAIMS.
ILTR
TKEF INSURANCE
AppDL I NSR
BR
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POLICY NUMBER
POLICY
MMlDDlY YY
POLICY E�
MMIDD/YYYY
LIMITS
A
GENERAL LIABILITY
X OMMERCIAL ENERAL LIABILITY'
CLAIMS -MADE I...`...`_ _I OCCUR
PHPK71 38
05/30/2011
5/301201
05/30/2012'
EACH OCCURRENCE
$ 1 00 ,000
PREMI E ERENTED
nce)
1,00 ,00
IVIED EXP (Any one person)
6,000
PERSONAL & AOV INJURY
$ 1,000,000
GENERAL AGGRECATE
X00 ,00O
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Ell pLICY pRO- LO
PRODUCT - COMNOP AGCY
2X00,000
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AUTOMOBILE
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LIABILITY
ANY AUTO
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HIRED AUTOS Al]T H D
PHPK71 5836
05/30/201105/30/2012
(Ea accident)
$ 1 0000,000
BODILY INJURY (Per person)
BODILY INJURY (per accident)
tP ° &c i ettDAMAGE
$
$
A
UMBRELLA LIAR
EXCESS LIAR_
X
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CLAIMS -MADE
PH B34410
05/30/201105/30/2012
EACH OCCURRENCE
2,000,000
AGGREGATE
$ 21000,000
DES 1 X RETENTION $10,000
$
WORKERS OOMMSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR /PARTNER /EXE UT1VJ - I
(Mandatory In NH) EXCLUDED?
If yes, describe under
L ESCRiPTION OF OPERATIONS helcw
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$
E.L. DISEASE - EA EMPLOYEE
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E.L. DI EA E . POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is -required) T ^�
CITY, ITS CITY COUNCIL, BOARDS AND r111MI I , OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL
INSURED IN RESPECTS BEING A FUNDING SOURCE PER THE ATTACHED CG2005 ENDORSEMENT
THE IN LI RANGE IS P I MARY, NOW CONTRIBUTORY AND WAIVER OF SUBROGATION AS STATED IN FORM CGOOO 1 1N-THE POLICY.
CERTIFICATE HOLIER. CANCELLATION
CITY OF CUPERTINO
10300 TI RE AVE
CUPERTINO CA 95014
ATTENTION: CITY MANAGER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRAT ON DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988 -2010 ACORD CORPORATION. All rights reserved,
ACORD (201010) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: : PHPK71 MI1 ERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD IT CAREFULLY.
ADDITIONAL INSURED - CONTROLLING INTEREST
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization
CITY OF CUPERTINO
CITY, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS
10300 TORRE AV.
CUPERTINO CA 95014
If no entry appears above, the information required to complete this endorsement will be shorn in the
Declarations as applicable to this endorsement.)
1. WHO IS INSURED (Section II ) is amended to b. Premises they own, maintain or control while
include as an insured the person or organization you lease or occupy these premises,
shorn in the Schedule but only with respect to 2. This insurance does not apply to structural
liability arising out of: alterations, new construction and demolition
a. Their financial control of you; or operations performed by or for that person or
organization.
G 20 05 11 85 Copyright, Insurance Services Office, Inc., 1984 11
ACCPR" C TIFICATE OF LIABILITY INSURANCE
F
DATE (MMIDDNYYY)
5/11/201.2
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 thG certificate holder is an ADDITIONAL INSURED, the poli.oy (les) midst be endorsed. If SUBROGATION IS 1 AIVED, 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).
PRODUCER
e Insurance Services, Inc.
Member of PTTB
PO Box 629
Santa Cruz CA 95061
CONTACT ShaWn liar ris
NAME:
[(A/C.Ng.EXt1.
PHONE 4 5- 40 338-7 277
A/ No: X888)
E-MAIL sha nhC s eelbric eins. aom
ADDRESS:
INSURER(S) AFFORDING COVERA 8
NAIC 4
INSURERA :Travelers
CtTP2RT1N0j CA 95014
INSURED
A terra
3921 E. Bayshore Rd.
Palo Alto CA 94303 -4303
INSURIWR B :Preserver 1nsur n e Ln an
IN URERO:
EACH OOOURR NOE
INSURER D
DAMAGE TO RENTED
PREMISES Iwo occur enoo
INSURER E
MEIN EX E' (Any One person)
INSURER F:
PERSONAL & ADV INJURY
COVERAGES CERTIFICATE NUMBER :CL1 51103 785 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIO'S PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, E LENT, TERM OR CONDITION OF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT` TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SH OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
ILTR
TYPE OF INSURANCE
A DL
MD_
POLICY NUN48 R
MM�DDI'YEYYY
MM /D!D1 P
LIMITS
AUTHORIZED REPRESENTATIVE
GENERAL LIABILITY
COMMERCIAL. GENERAL LIABILITY
CLAIMS-MADE El ODOUR
OE;N'L AGG REOATE LIMIT APPLIES PEI ;
7 POLICY F LOO
CtTP2RT1N0j CA 95014
EACH OOOURR NOE
$
DAMAGE TO RENTED
PREMISES Iwo occur enoo
MEIN EX E' (Any One person)
$
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - OOMPIOP AGO
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON-OWNED
HIRED AUTOS AUTOS
OME31NED SINGLE LIMIT
Pa accident
BODILY INJURY (Per person)
BODILY NJUR (Per accident)
$
PROPERTY DAMAGE
Per a ddent
$
UMaRELLA LIA.B
EXCESS LIAR
ODOUR
LAIM8 -MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORYPARTNER/EXECU'l ivE
OF I EWMEMBER EXCLUDED?
(Mandatory In NHS
If yes, deadbe under
(DESCRIPTION OF OPERATIONS below
NIA
� D0�.4�4�1] 01
�. 0�,1
7/1/2 012
WC STATU4 OTH-
TQEY LIMI18 ER__
E.L. EACH ACCIDENT
110000000
E.L. DISEASE - EA EMPLOYE
$ 111000,000
E.L. DISEASE - POLICY LIMIT
1. 0 0 0 , 0 0 p
Professional Liability
105018795
10/6/2009
10/6/2012
$1,000,000
DESCRIPTION! OF OPERATION S I LOCATIONS I VEHICLE (Attach ACORD 141, Additional Remarks Schedule, If more space Is required)
Proof of Coverage Only.
r..1= T1P1 ,A TF I-11 1.I11RR CANCELLATION
ARD 25 (2010/05)-
IN SO 214 1901nnrini
1988 -2010 ACORD CORPORATION. Al rights roserved.
Tha At'.(W11 nnma nnrl Innn zw% reknicfairar# m!:arrkQ of A1''00r)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
T�`"S D ' 7P I 'I'1
''RA, 0 TTY
AUTHORIZED REPRESENTATIVE
10300 ��P,�
CtTP2RT1N0j CA 95014
ARD 25 (2010/05)-
IN SO 214 1901nnrini
1988 -2010 ACORD CORPORATION. Al rights roserved.
Tha At'.(W11 nnma nnrl Innn zw% reknicfairar# m!:arrkQ of A1''00r)