Loading...
13-007 San Jose Conservation Corps, Stream and Vegetation Services Agreement / OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 �5 -c.i 9s. TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE: www.cupertino org CUPERTINO February 7, 2013 San Jose Conservation Corps 1560 Berger Drive San Jose, CA 95112 An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, (54i/ ' 1 i Brittany Car Senior Office Assistant City of Cupertino Enclosure cc: Public Works r\/--QTR M AND VEGETATION SERVICES AGREEMENT 6'4) Pa'Drt2s.79 --/ THIS AGREEMENT is entered into on January 7, 2013, by and between CITY OF CUPERTINO (hereinafter City) and the San Jose Conservation Corps (hereinafter SJCC). WHEREAS City desires certain services described herein and SJCC is capable of providing and desires to provide such services, NOW, THEREFORE, City and SJCC for the consideration and upon the terms and conditions hereinafter specified agree as follows: SECTION I SCOPE OF SERVICES The services to be performed under this Agreement are as follows: WORK Work will generally consist of assisting City staff with stream maintenance work with a focus on vegetation management including removal of nonnative and invasive species. Additional tasks if assigned may include actions associated with preparing for or implementing creek restoration work. CREW SPECIFICATIONS SJCC shall provide a work crew to perform maintenance tasks as directed by City staff. Crew size shall be no smaller than six and no greater than eight, inclusive of the crew supervisor, unless otherwise agreed to by both parties. Under this Agreement, SJCC shall not receive additional compensation for crews larger than 8 unless approved in advance in writing by the City Representative. ADDITIONAL CREWS If the City has need for additional crew services from the SJCC, such services shall only be scheduled and approved by the City Representative as the party responsible for this Agreement and the payment of fees to the SJCC. City of Cupertino—SJCC Agreement Page 1 SECTION II DUTIES OF SJCC SERVICES All work performed by SJCC or under its direction shall be sufficient to meet the purposes specified therefore and shall be rendered in accordance with the accepted practices and to the standards defined within this Agreement and any appendices. SJCC shall stay informed of and observe any and all statutes, laws, ordinances and regulations pertaining to SJCC's performance hereunder. SJCC shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance by the City representative(s) responsible for administration of this agreement. The cost of such additional work shall be reimbursed to SJCC by City on the same basis as provided in Section IV. If in the performance of the services hereunder, it is necessary to conduct investigations or other operations in the field, security and safety of the area of such field operations under the control of SJCC will be the responsibility of SJCC, excluding, nevertheless, the security and safety of any area or facility of City under the control of City or of City's contractor or agent and not under the control of SJCC. SJCC shall meet with the designated City Representative, or other personnel of City, or third parties as necessary, on all matters connected with carrying out of SJCC's services described in this Agreement. Such meetings shall be held at the request of either party hereto. Review and City approval of completed work shall be obtained monthly, or at such intervals as may be mutually agreed upon, during the course of this work. WORKERS COMPENSATION INSURANCE SJCC represents and warrants that it is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that code, and SJCC will comply with such provisions before commencing the performance of the work of this Agreement. SJCC shall obtain and keep in full force and effect Workers' Compensation insurance necessary in connection with the performance of this Agreement to protect SJCC and its employees under the Workers' Compensation Insurance and Safety Act. Such insurance shall be in a standard form and shall relieve City of all responsibility City of Cupertino—SJCC Agreement Page 2 therefore. SJCC shall, prior to undertaking the work contemplated herein, supply City with a certificate of insurance evidencing that said insurance requirements are fully in effect. NON-DISCRIMINATION All those providing a service to the City shall be required to have and follow a policy of equal opportunity non-discrimination, and non-harassment for all persons regardless of race, religion, color, national origin, ancestry, disability, medical condition, marital status, gender, age, veteran status or sexual orientation. Such policy shall be in conformance with applicable State and Federal guidelines including the California Government Code Section 12940(h), 12940(i), and the Federal Equal Opportunity Clause Section 60-1.4 of Title 41. Part 60 of the Code of Federal Regulations and shall apply to all transactions related to practices related to recruitment, candidate selection, training, compensation, promotion, and recreation. SECTION III DUTIES OF CITY City shall make available to SJCC all data and information in the possession of City which City deems necessary to the preparation of the work, and City shall actively aid and assist SJCC in obtaining such information deemed necessary as aforesaid from other agencies and individuals. The City may authorize a staff person as i:he City representative to confer with SJCC relative to SJCC's services hereunder. The work in progress hereunder shall be reviewed from time to time by City at the discretion of City or upon the request of SJCC. If the work is satisfactory, it will be approved. If the work is not satisfactory, City will inform SJCC of the changes or revisions necessary to secure approval. Corrections to the work as a result of errors or omissions of SJCC shall not result in additional costs or expenses to City. SECTION IV FEES AND PAYMENT Payment for the services described herein shall be made according to the schedule set forth in Appendix One attached hereto and incorporated by this reference. Payment shall not exceed the limit or limits shown in Appendix One. Such payment City of Cupertino—SJCC Agreement Page 3 shall be considered as full compensation for all labor, protective gear (such as safety vests, safety helmets and waders), equipment, and all other expenses used in carrying out the work. Unless otherwise specified in Appendix One, SJCC's fees shall be payable on the submission of monthly statements. While the project records (daily rosters) must detail the time worked by each employee, the location the work occurred, and the rate at which the employee's time is being charged; the monthly statements shall detail the time worked by each class of employee, and the rate at which the class of employee's time is being charged. In order to obtain reimbursement for expenses allowed pursuant to Appendix One, the statements shall include an itemization of the actual expenses incurred. The City will make payment within 60 days of receipt of the monthly statement. The monthly statement shall contain the following affidavit signed by a principal of SJCC: "I hereby certify as principal of SJCC that the charge of$ v2 as summarized above and shown in detail on the attachments represents charges for time actually worked, is fair a r asonable, is in accordance with the terms of the Agreement dated / 7 J?jand has not been previously paid." J SECTION V TIME OF BEGINNING AND SCHEDULE FOR COMPLETION AND TERMINATION The schedule for completion of the work shall be as shown upon Appendix Two attached hereto and incorporated herein by reference. City may terminate this Agreement without cause by giving SJCC 30 day's written notice that it is terminating this Agreement for its convenience. If funds for the continued fulfillment of this Agreement by the City are at any time insufficient or not budgeted, the City shall have the right to terminate this Agreement immediately. SECTION VI CHANGES IN WORK City may order changes in scope or character of work, either decreasing or increasing the amount of SJCC's services or the number of individuals providing services. Increased compensation, if any, for changes shall be determined in accordance with Appendix One; provided, however, that in the event major changes are ordered, the Scope of Services, Fees and Schedule of Completion will be adjusted City of Cupertino—SJCC Agreement Page 4 by negotiation between SJCC and City. In the event work is terminated, City shall pay all compensation earned prior thereto. SECT[ON VII DELAYS AND EXTENSIONS In the event SJCC is delayed in performance of its services by circumstances beyond its control, it will be granted, wherever possible, a reasonable adjustment in the Schedule for Completion as described in Appendix Two. SECIION VIII PREMISES INDEMNIFICATION AND EQUIPMENT RESPONSIBILITY In the event SJCC, its employees, agents, subcontractors, and/or lower tier subcontractors enter premises occupied by or under the control of the City in the performance of this Agreement, SJCC sha[1 indemnify, defend, and hold harmless the City, its officers, and employees from any loss, claim, cost, damage, expense, or liability by reason of any actual or alleged property damage or personal injury of whatsoever nature or kind arising out of, as a result of, or in connection with such performance occasioned in whole or in part by the actions or omissions of SJCC, its employees, agents, subcontractors, and/or lower tier subcontractors. The City assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the SJCC, its agents, or employees nor does the City assume responsibility as to the condition of the parcels to be abated (i.e., obstacles visible or otherwise). SECT]ON IX SJCC shall comply with the following insurance requirements: 1. 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, City of Cupertino—SJCC Agreement Page 5 effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, 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 thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required 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) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 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$1,000,000 will be considered equivalent to the required minimum limits shown 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 B. 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 insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City of Cupertino—SJCC Agreement Page 6 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 time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law 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, employees and volunteers shall be named 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 portion of any loss, or expense of any nature on this policy or any extension thereof. Any 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 policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. SECTION VIII MISCELLANEOUS PROVISIONS City reserves the right to approve the Crew supervisor assigned by SJCC to the work. This Agreement shall not be assigned without first obtaining the express written c.consent of the City, which consent shall be given at the City's sole discretion. SJCC is employed to render a supplemental labor service only and any payments made to SJCC are compensation solely for such services as SJCC may render. City of Cupertino—SJCC Agreement Page 7 Any discretion or right to approve given to any party herein shall be exercised in a reasonable manner. All work performed, and projects produced, pursuant hereto shall, upon completion, become the property of City. In the event the work is not completed, the completed portions thereof shall become the property of City. SJCC hereby acknowledges that City policy prohibits the acceptance by City personnel of gifts of any kind from vendors or contractors. SJCC shall honor this policy by not sending or bringing gifts to the City. P.O. No.: s 9¢/ IN WITNESS WHEREO - - .: •-s have caused the Agreement to be executed. rl-6� CONSULTANT CITY OF CUPERTINO San Jose Conservation Corps A Municipal Corporation i By .� � /.1_�ii/_ , By Titl Cam./. —.�., / Title (.-e, e ?v,,,c „, •1.._ Date Date 1/1//1 Tax I.D. o.: 77 '(" J`�? 2 7 APPROVED AS TO FORM: Address: / / 1idi _ i'ff Carol Korade, City Attorne' ATTEST: Grace Schmidt, City Clerk 1 Contract Amount: 1 D le . Account No. : 9--2.7 • 9131-- 7300 City of Cupertino—SJCC Agreement Page 8 APPENDIX ONE FEES AND PAYMENT Under the terms of this Agreement, SJCC srall provide crew labor at the following rates: • The first eight hours of each shift spent at the city's work site shall be paid at a straight time rate of$22.00 dollars per hour per crew member. • Overtime worked between eight and 12 hours and all weekends and holidays shall be paid at 1.5 times the hourly rate. • Any hours worked over 12 will be paid at twice the hourly rate. Overtime rates will be in effect after crews have worked at the work site any normal eight hour shift. These rates shall remain unchanged for the period between the date of implementation and December 31, 2013. For the term commencing with the signing of this Agreement, the City has allocated $8,500.00 to fund the provision of the base scope of services to the City by the SJCC. An additional services allowance of up to $1,400.00 may be authorized by the City, and may only be expended if authorized in advance by the City in writing. Payment for services under this Agreement shall in no event exceed the amount approved and allocated for such services by the City. Payment will be made for hours actually worked on City project sites. City of Cupertino—SJCC Agreement Page 9 APPENDIX TWO DURATION Work under this Agreement shall commence upon the date the Agreement is signed by representatives of the City and the SJCC and shall continue until desired services are completed, unless terminated by either party prior to the completion date. PROJECT CREW SCHEDULE The shift of the Project crew will begin at 8 a.m. and end at 4:30 p.m. It is agreed by both parties that crew shifts may begin and end at the SJCC yard. Crews will be expected to be on the City work site no later than 9 a.m. They will be dismissed at the end of the day to allow for travel time to arrive back at their yard no later than 4:15 p.m., or as otherwise agreeable to both parties. Crews will arrive at the job site prepared to work. The SJCC shall, when given at least 12 hours advanced notice, supply all personal safety gear for crew members and, if available, any tools necessary to perform the specific tasks assigned for the day. The City expects the Crew Supervisor to act as a working lead. Work shall be directed by the City representative in charge of the project. The SJCC work week shall consist of eight hour shifts unless otherwise agreed to by both parties. Each shift will include one twenty minute morning break, a thirty minute lunch break and a twenty minute afternoon break. Use of the lavatory should be limited to break periods when possible. City of Cupertino—SJCC Agreement Page 10 ___—.....m,, SANJO01 OP ID:BG A�,°RL CERTIFICATE OF LIABILITY INSURANCE DATE(M08/1YYY) 01/08/13 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). PRODUCER Phone:650-573-1111 CONTACT Andreini&Company-San Mateo PHONE FAX License 0208825 Fax:650-378-4361_IA/c,No,Ext): (A/C,No): 220 West 20th Ave E-MAIL San Mateo,CA 94403 _ADDRESS: Jack Hayes _ INSURER(S)AFFORDING COVERAGE NAIC# ,NSURER A:Nonprofits Insurance Alliance INSURED San Jose Conservation Corps INSURER B:Republic Indemnity Co of Ameri 22179 2650 Senter Road San Jose,CA 95111 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ANY REQUIREMENT, TERM OR CONDITION CF 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 SUBR LTR TYPE OF INSURANCE INSR,WAD POLICY NUMBER (MM//DDY/YEYYY) (MM/DD//YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 EMS A X COMMERCIAL GENERAL LIABILITY GL201101904NPO 11/30/12 11/30/13 PRESO(Eaoccurr nnce) $ 500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY JE° LOC Emp Ben. a 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO GL201101904NPO 11/30/12 11/30/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED _ AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE 201101904UMB 11/30/12 11/30/13 AGGREGATE $ 1,000,000 DED X RETENTION$ 10000 a WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 181626-02 04/01/12 04/01/13 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Proof of insurance only CERTIFICATE HOLDER CANCELLATION CITCUPI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Office of Parks and Recreation — City Hall AUTHORIZED REPRESENTATIVE 10300 Torre Avenue 9�Hlc c9'—L. Crupertino,CA 95014-3255 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD -� SANJO01 OP 11 ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE 03/28/201, �.� 03/28/201� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR12 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,subjec the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Phone:650-573-1111 NAME, Andreini&Company-San Mateo PHONE FAX License 0208825 Fax:650-3',18-4361 A/C No : Ext: A/C No 220 West 20th Ave E-MAIL ADDRESS: San Mateo,CA 94403 INSURERS AFFORDING COVERAGE NAIC INSURER A:Nonprofits Insurance Alliance INSURED San Jose Conservation Corps INSURER B.:.Republic Indemnity Co of Ameri 22179 2650 Senter Road INSURER C: San Jose,CA 95111 INSURER D INSURER E: INSURER F-.: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH l CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS INS TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DDNYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,0( A X COMMERCIAL GENERAL.LIABILITY X X GL201201904NFIO 11/3012013 11/30/2014 DAMA E T RENTED 5( PREMISES Ea occurrence $ CLAIMS-MADE a OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ 1,01 GENERAL AGGREGATE $ 2,01 GEN'L AGGREGATE_ LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,0( POLICY 7 PRO LOC Emp Ben. $ 1,01 __ LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO GL201201904NI10 11/3012013 11/3012014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,01 A EXCESS LIAB CLAIMS-MADE 201.1.01904UMB 11/30/2013 11/30/2014 AGGREGATE $ 1,01 DED I X I RETENTION$ 10000 $ WORKERS COMPENSATION X WC STATU- OER EMPLOYERS'LIABILITY IM YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE 18162603 04/01/2014 04/01/2015 E.L.EACH ACCIDENT $ 1.,01 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,01 if yes,describe under 1,01 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City, its City Council, boards and commissions, officers, employees, and volunteers are named as additional insured as respects General Liability per attached endorsement form#:CG20260704, and includes Waiver of Subrogation on the General Liability per attached endorsement form#:NIAC-E26 (07/98) . **SUPERSEDES CERTIFICATE ISSUED 11/25/13** CERTIFICATE HOLDER CANCELLATION CITC:UP1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREC ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino Office-of Parks and Recreation . AUTHORIZED REPRESENTATIVE City Hall 10300 Torre Avenue - u ertino CA 95014-3255 Ct f ©1988-2010 ACORD CORPORATION. All rights resery ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL201201904NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSIURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Or aniization s Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for thail person or organization. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section If — Who Is An Insured is amended to in- clude as an additional insured the person(s)or orgar i- zation(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 omi>- sions of those acting on your behalf: A. In the performance of your ongoing operations:or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0