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18-001 Rebecca McCormick
CITY OF No. %I' 12 FY 2018-20 CUPERTINO RECREATION SERVICES AGREEMENT Parties. This contract is made and entered into as of 7/1/2018 ("Effective Date"), by and between the City of Cupertino, a municipal corporation ("City"), and with REBECCA MCCORMICK, ("Contractor"), a SOLE PROPRIETOR for ADULT FITNESS INSTRUCTION. 1. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 2. Term. This contract begins on the Effective Date and ends on 6/30/2020 ("Contract Time"),unless extended or terminated as provided herein.Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. 3. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed$15,000("Contract Price"),based upon the Scope of Services,budget,performance schedule,and rates included in Exhibit A. The maximum compensation includes all costs, expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within 30 days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24-hours' notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of final payment. 4. Independent Contractor.Contractor is an independent Contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement.No civil service status or other right of employment will be acquired by virtue of Contractor's performance of the Services. Contractor is not entitled to City's health benefits, worker's compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. Contractor will supply all tools, materials and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license. Recreation Services Agreement/Rev. 3-27-2018 Page 1 of 6 5. Proprietary/Confidential Information.To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it confidential and use it solely to perform this Agreement. Contractor must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 6. Ownership of Materials.To the extent Contractor prepares written material, drawings or data in connection with this contract, City will have the property rights to those materials and all copyrights,if any, to such work product will constitute City property. 7. Records.Contractor must maintain complete,accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's services, benchmarks, deliverables and costs/fees,and must be made reasonably available to City.The records and supporting documents must be kept separate from other files and maintained for four years from the date of City's final payment. 8. Assignment. This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City.Only those persons whose names are included in Exhibit A may perform the Services. 9. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one year thereafter must reference City contributions. The words "City of Cupertino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or under this Agreement without prior written approval from City. 10. Indemnification.To the fullest extent allowed by law and except for losses caused by the sole negligence or willful misconduct of City personnel, Contractor 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 Contractor's or Contractor's agents performance of this contract or the Services. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract. 11. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole discretion may purchase insurance and deduct the costs from payments to Contractor,or terminate the contract. Recreation Services Agreement/Rev. 3-27-2018 Page 2 of 6 12. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination,including Title VII of the Civil Rights Act of 1964,the California Fair Employment Practices Act,the Americans with Disabilities Act of 1990,and other laws that pertain to fair employment and anti-discrimination practices. Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.If Contractor does not have employees,it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff capacity,and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors: Contractor and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprinting and a criminal background check and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB2007, and other laws pertaining to concussion evaluation,removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, htti2s://www.cdc.gov/headsul2/index.htmll. D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control&Prevention(link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Recreation&Community Services Instructor Manual. Check one (if applicable): ❑ This contract requires services for children. Recreation Services Agreement/Rev. 3-27-2018 Page 3 of 6 ® This contract currently does not require services for children. If in the future, services for children are required,the contract will require a'written amendment' to include the appropriate insurance coverages as required in'Exhibit B—Insurance Requirements for Recreation Contracts', proof of finger printing and additional requirements under Paragraph 13. The contract amendment will also require the approval of the Director of Recreation and Community Services and City Attorney. 14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor's designation and any substitution are subject to City approval. For City: For Contractor: Name:Karen Levy Name:Rebecca McCormick Position: Recreation Coordinator Position:Adult Fitness Instructor Contact: karenl@cupertino.org;408-777-3123 Contact: 15. Abandonment. City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City. 16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible.Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 17. Governing Law,Venue and Dispute Resolution.This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City's request, Contractor is required to continue to provide Services pending resolution of any dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. Attorney Fees. If City is required to pursue litigation,arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.This Section survives this Agreement. 19. Third Party Beneficiaries.There are no third party beneficiaries under this Contract. 20. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. 21. Entire Agreement.This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding Recreation Services Agreement/Rev. 3-27-2018 Page 4 of 6 as to those matters contained herein, and supersede any other contract or understanding, either oral or written,between the Parties.This Agreement may not be modified or amended except in writing signed by both Parties.If there is any inconsistency between the main contract and any attachments or exhibits thereto, the main contract shall prevail. 22. Inserted Provisions.Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit or amplify the terms or provisions of this Agreement. 24. Severability/Partial Invalidity.If any contract term or provision, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling.All other contract terms and provisions and their application to specific situations will remain in full force and effect. 25. Survival.All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Ownership of Materials,Records, Governing Law and Attorney Fees,will survive the expiration or termination of this Agreement. 26. Notices.All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. To City of Cupertino: To Contractor: Office of the City Manager 10300 Torre Ave., Cupertino CA 95014 cc: Representative/Coordinator: cc:Representative/Coordinator: Karen Levy Rebecca McCormick Email: karenl@cupertino.org Email: 27. Validity of Contract. This contract is valid and enforceable only if it complies with the provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Recreation Services Agreement/Rev. 3-27-2018 Page 5 of 6 IN WITNESS WHEREOF,the parties have caused this contract to be executed. CONTRACTOR CITY OF CUPERTINO Rebecca McCorpqick A Municipal Corporation N By4� By Name b 6 u o� Lu kc(u myd e, Name r,�j`1 h�ctrlc�l Title .t'i LA+ SS K Title Date Nia -�-v Is Date Tax I.D. No.: refer to W-9 on file APPROVED AS TO FORM: ATTEST: VC.'u/ �0 RANDO PH STEVENSON HOM GRACE SCHMIDT Cupertin City Attorney City Clerk FY 18-19 ContractlEncumbered Amount:$7,500 Account No.:580-63-620 700-702 FY 19-20 ContractlEncumbered Amount:$7,500 Account No.:580-63-620 700-702 Recreation Services Agreement/Rev. 3-27-2018 Page 6 of 6 EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide ADULT FITNESS INSTRUCTION in,but not limited to,the following: SCULPT&STRETCH,BALANCE, CORE, &MORE Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SUMMER 2018-SPRING 2020 for agreed upon dates,times,and class locations.The City,at its sole discretion,may change the agreed terms. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement.Compensation shall consist of the following:Balance:65%of resident fees&passes;Sculpt:$41 per 60 minute class.The total compensation to the Contractor shall not exceed$15,000. (FY18-19=$7500;FY19-20=$7500). Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 5 Maximum: 20 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start,the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor. List of all Contractor Employees working for the City of Cupertino(if no Employees,identify"self'): self Performance of CONTRACTOR Services: In the case Contractor unilaterally cancels performance of a class, camp,activity or service without City approval,City reserves the right to immediately and without notice cancel the remainder of programs/services offered and or performed by Contractor. The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule.Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment.All participants and volunteers need to complete the City's Waiver of Liability form prior to taking part in the program.If applicable,contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them. In the event of an injury occurring to a participant,the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. Exhibit B Insurance Requirements for Recreation Contracts As required by Section 12 of the Agreement, Contractor shall procure and maintain the following insurance for the duration of the contract against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate liunit applies, it must apply separately to this project/location(CG 25 03 or 25 04) or be twice the required occurrence limit. 2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), or if Contractor 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 autonnobile is used to perform work under this contract. $ Otherwise, proof of Contractor's personal auto insurance with limits required by state law suffices. Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract. 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 for bodily injury or disease. ❑ Required if Contractor has employees. X If no employees, Contractor must sign Affidavit of No Employees. 4. Sexual Abuse/Alolestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to thus contract or be twice the required occurrence limit. ❑ Required if Contract involves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Self-Insured Retentions: Self-insured retentions must be approved by City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. Acceptability of Insurers:Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,with an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the following provisions: 1. The City, its City Council, boards and commissions, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds with respect to liability arising out of work or Exh.B Insurance for Recreations Contracts Updated 3-26-18 1 operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. 2. Contractor's insurance shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees,agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by Contractor for City.This provision also applies to the Contractor's Workers' Compensation policy. 4. Each insurance policy required by this contract shall provide that coverage shall not be canceled, except with notice to the City. Primary Coverage: The Additional Insured coverage under Contractor's policy shall be primary non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City and all the insureds/indemnitees. If the limits of insurance required are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory"basis for the benefit of the Additional Insureds before City's own insurance is triggered. Notice of Cancellation:Each insurance policy shall provide that coverage shall not be canceled or allowed to expire without written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Such notice must be sent to City via email or certified mail to the attention of the City Manager. Waiver of Subrogation: Contractor grants City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of payment of any loss under such insurance. Contractor will obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Verification of Coverage: Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.All certificates and endorsements are to be received and approved by the City before work commences.The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements affecting the coverage required by these specifications,at any time. At a minimum Contractor must provide acceptable copies of the policy declarations and endorsement page verifying the required insurance coverages. Homeowner's Insurance: Contractor's homeowner's liability insurance may provide coverage sufficient to meet these requirements. Contractor should provide these requirements to his or her agent to confinn and provide verification to City. Special Events Coverage:Insurers may provide special events coverage for a reduced fee, or City may be able to offer this coverage. Contractor should contact the City Manager's Office for information or assistance. Special Risks or Circumstances:City reserves the right to modify these requirements based on the nature of the risk,prior experience,insurer, coverage, or other special circumstances. Exh.B Insurance for Recreation Contracts Updated 3-26-18 2 EXHIBIT C AFFIDAVIT OF NO EMPLOYEES State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent fitness instructor I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 3 day of Gi 2018, at California. �Le cC y'- b--,2jLf c o r✓n t PRINT NAME j✓ � t � SIGNATURE DATE CERTIFICATE OF LIABILITY INSURANCE 06/12/2018 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 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). PRODUCER CONTACT NAME: Mass Merchandising K&K Insurance Group,Inc. HONro Ext): 1-800-506-4856 FAX No: 1-260-459-5590 1712 Magnavox Way E-MAIL info@fitnessinsurance-kk.com Wayne IN 46804 ADDRESS: nfo@fitnessinsurance kk.com PRODUCER CUSTOMER to: INSURER(S)AFFORDING COVERAGE NAIC# INSURED 2000066632 CP#8279 INSURER A: Nationwide Mutual Insurance Company 23787 REBECCA LEE MCCORMICK INSURER B: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2000366581 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 OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYY MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006255600 06/23/18 06/23/19 EACH OCCURRENCE $1,000,000 CLAIMS-MADE❑X OCCUR 12:01 AM 12:01 AM DAMAGE TO RENTED PREMISES Ea Occurrence) $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY ❑PROJECT❑LOC PRODUCTS—COMP/OP AGG $1,000,000 OTHER: PROFESSIONAL LIABILITY $1,000,000 LEGAL LIAB TO PARTICIPANTS $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea accident ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident X Not provided while in Hawaii UMBRELLA OCCUR LIAB EACH OCCURRENCE EXCESS LIAB H CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION N/APER STATUTE OTHER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER ❑ EXCLUDED?(Mandatory in NH) E.L.DISEASE—EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certified Instructor of:Aerobics, Exercise, Pilates,Strength,Yoga The certificate holder is added as an additional insured,but only for liability caused,in whole or in part,by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION City of Cupertino,its City Council, Boards and Commissions,Officers, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Officials, Employees,Agents,Servants,Volunteers,and Consultants EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 10300 Torre Ave. THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE Owner/Manager/Lessor of Premises ©1988-2015 ACORD CORPORATION. All rights reserved. Coverage is only extended to U.S.events and activities. "NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6BRPG0000006255600 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Cupertino, its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers, and Consultants 10300 Torre Ave. Cupertino, CA 95014 Named Insured: REBECCA LEE MCCORMICK CP#8279 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an B. With respect to the insurance afforded to these additional insureds, additional insured the person(s)or organization(s)shown in the the following is added to Section III—Limits Of Insurance: Schedule,but only with respect to liability for"bodily injury", If coverage provided to the additional insured is required by a .'property damage"or"personal and advertising injury"caused,in contract or agreement,the most we will pay on behalf of the whole or in part,by your acts or omissions or the acts or omissions additional insured is the amount of insurance: of those acting on your behalf: 1. Required by the contract or agreement;or 1. In the performance of your ongoing operations;or 2. Available under the applicable Limits of Insurance shown in 2. In connection with your premises owned by or rented to you. the Declarations; However: whichever is less. 1. The insurance afforded to such additional insured only This endorsement shall not increase the applicable Limits of applies to the extent permitted by law;and Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc.,2012 Page 2 of 2 State Farm State Farm Mutual Automobile Insurance Company R 71057-3-P MUTL VOL ••® BakOlde i CA93311 DECLARATIONS PAGE NAMED INSURED AT3 05.3759-3 P A POLICY NUMBER 4254749-1313-05 001987 0058 POLICY PERIOD FEB 13 2018 to AUG 13 2018 MC CORMICK, DOUGLAS J 12:01 A.M.Standard Time — AGENT JOSH ANDERSON 4546 EL CAMINO REAL STE B4 LOS ALTOS,CA 94022-1069 PHONE:(650)941-5000 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT IS ENCLOSED. YOUR CAR YEAR MAKE MODEL BODY STYLE VEHICLE ID.NUMBER' CLASS 777 71 SYMBOLS COVERAGE&LIMITS= PREINIUMS � A .-- Liability Coverage- Bodily overage Bodily Injury Limits w _ _Each Pers'-06f EaciiAccident:. $250,000 $500,000 �� Property Damage�irn(t Each Accident $100,000 C Medical Payments Coverage $11.80 Limit-Each Person $5,000 t�MR- 1001 111FComprehensive Coverage-$100 Deductible __ 3� �� G Collision Coverage-$250 Deductible $257.35 Uninsured ._ Bodily Injury Limits Each Person, Eac 'Occident' -' $250,000 $500,000 U1 Uninsured Motor Vehicle Property Damage Coverage 51.37 Total premium for FEB 13 2018 to AUG 13 2018. 585.18 This is not a bill: IMPORTANT MESSAGES New Policy Form EXCEPTIONS,POLICY BOOKLET&ENDORSEMENTS(See policy booklet&individual endorsements for coverage details-) YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE THE POLICY BOOKLET - FOTH 9805ANY B�IBSNDUANT ENDORSEMEWAL NTS APPLY, It'JCLUDING THOSE ISSUED TO YOU E. 6126MD EXC SS COVERAGE FOR PERSONAL VEHICLE SHARING. 6128AC AMENDATORY ENDORSEMENT. OWNED BY REBECCA MCCORMICK. Agent: JOSH ANDERSON Telephone: (650)941-5000 03050/01563 See Reverse Side Prepared FEB 19 2018 3759-A4C 155-3866 CA.2 05-2002 wa0251c) (.7a0254c) 14SXON (.1.0251.) This policy is issued by State Farm Mutual Automobile Insurance Company. MUTUAL CONDITIONS 1. Membership.While this policy is in force,the first insured shown on the Declarations Page is entitled to vote at all meetings of members and to receive dividends the Board of Directors in its discretion may declare in accordance with reasonable classifications and groupings of policyholders established by such Board. 2. No Contingent Liability. This policy is non-assessable. 3. Annual Meeting. The annual meeting of the members of the company shall be held at its home office at Bloomington, Illinois,on the second Monday of June at the hour of 10:00 A.M., unless the Board of Directors shall elect to change the time and place of such meeting, in which case, but not otherwise, due notice shall be mailed each member at the address disclosed in this policy at least 10 days prior thereto. In Witness Whereof, the State Farm Mutual Automobile Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. Secretary President IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Your agent's name and contact information are provided on the front of this document.Another option is to reach out by mail or phone directly to: State Farm®Executive Customer Service PO Box 2320 Bloomington IL 61702 Phone#1-800-STATEFARM(1-800-782-8332) Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles,CA 90013 Phone#1-800-927-HELP(4357)or visit www.insurance.ca.gov'01-consumers NOTICE We are required to furnish you with the following information: 1. An automobile liability insurance company may cancel a policy before the end of the current policy period for reasons described in the provision titled Cancellation which is located in the General Terms section ofyour policy(referto the Contents in the beginning of your policyfor the page number). 2. An automobile liability insurance company may increase the premium or refuse to renew the policy for any of the following reasons: a. Accident involvement by an insured,and whether an insured is atfault in the accident. b. A change in,or an addition of,an insured vehicle. c. A change in,or addition of,an insured under the policy. d. A change in the location of garaging of an insured vehicle. e. A change in the use of the insured vehicle. f. Convictions for violating any provision of the Vehicle Code orthe Penal Code relating to the operation of a motor vehicle. g.The payment made by an insurer due to a claim filed by an insured or a third parry. An automobile liability insurance company may increase the premium or refuse to renew the policy for reasons that are not listed above but which are lawful and not unfairly discriminatory. cavb2 B10 b. IfOther Medical Payments Coverage The Uninsured Motor Vehicle Cov- 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING or Similar Vehicle Insurance Applies erage provided by this poli.} ap- plies as primary coverage for an This endorsement is a part of the policy.Except for the changes this endorsement makes,all other paragraph P insured who sustains bodily injury o provisions ofthe policy remain the same and apply to this endorsement. changed to read: while occupying your car,except The Medical Payments Coverage While your car is used in personal p7 1. LIABILITY COVERAGE 2. MEDICAL PAYMENTS COVERAGE provided by this policy applies as vehicle sharing. The Uninsured a. Exclusionsa. Exclusions primary coverage for an insured Motor Vehicle Coverage provided Exclusion 15.is replaced by lie following: who sustains bodily injury while by this poli.}' applies as excess (1) who 3.is replaced by the fol- coverage for you and resident rela- occupying your car or a trailer THERE IS NO COVERAGE FOR lowing: tives who sustain bodily injury attached to it, except while your while nccu i our car while _ AN L\'SL RED FOR THE OVVN- ARE IS NO COVERAGE car or a trailer attached to it is used pJ•nS•T ERSHIP, MAINTENANCE, OR &aur car is used m personal vehi- c FOR AN IN -D lN'HO IS in personal vehicle sharing. The clesharing. USE OF YOUR C4RORAJNiJ1E' z^ OCCUPIZNG A VEHICLE Medical Payments Coverage provided ACQUIRED CAR\V7IQ E USED 4. PHYSICAL DAMAGE COVERAGES v IN PERSOAAL IiHICLE \4FIILE ]T IS RENTED OR by this policy applies as excess 'o_ LEASED TOOTFIERS BYAN coverage for you and resident rela- a. Exclusions avr SH4RL'VG. This exclusion does LVSORED. This exclusion tives who sustain bodily injury (1)Exclusion 2.is replaced by the fol- not apply to you and resident rola- does not apply to you and resi- while occupying your car or a lowing: tires when, and only if. the full dem relatives while occupying trailer attached to it whileyour car THERE IS NO COVERAGE amount all available limits of all your car or a nervily acquired or a trailer attached to it is used in FOR ANY COI FRED I Z'HI- other liability bonds;policies,and car while used in personal personal vehicle sharing. CLE WHILE IT IS RENTED self-insurance plans that apply have vehicle sharing when,and only 3. UNINSURED MOTOR VEHICLE OR LEASED TO OTHERS BY been used up by payment of judg- if,the full amount of all availa- COVERAGE AN INSURED.This exclusion ments or settlements;or have been ble limits of all other sources of does not apply to your car or a offered in writing. medical payments coverage or a. Exclusions nearly acquired car while used Jb. If Other Liability Coverage Applies similar vehicle insurance that Exclusion 6.is replaced by the following: in personal vehicle sharing The first paragraph of item 2. is apply have been paid. THERE IS NO COVERAGE FOR when, and only if the full p changed to read: (2)Exclusion 15. is replaced b, the AN L\'SURED WHO IS-.00CD: amount of all available limits P } PIZ_\'G IOL°R C4R OR A AEI of all other sources of physical 5 The Liability Coverage provided by following: damage coverage or similar _ LP 4COCIRED C4R WHILE coverage that apply have been this policy applies as primary coy- THERE IS NO COVERAGE PP)' USED IN PERSO?�4L IEHICLE O erage for the ownership, mainte- FOR AN LYSURED VrTIO IS SIMRI.W. This exclusion does paid. nance, or use of your car or a OCCUPIZVG IOUR CAR OR not apply to you and resident rela- (2)Exclusion 20. is replaced by the - trailer attached to it,except while A NEWZP ACOVIRED CAR tives when; and only if, the full following: your car or a trailer•attached to it is WTIILE USED IN PERSOA'- amount of all available limits of all THERE IS NO COVERAGE J used in personal vehicle sharing. 4L I EHICLE SHARING other sources of uninsured motor P g FOR FOUR CAR OR A AEW= The Liability Coverage provided by This exclusion does not apply vehicle coverage that apply have L1'ACQUIRED C41?WHILE this policy applies as excess cover- to you and resident relatives been paid. USED IN PERSON..4L I'EHI- when, and only if, the full age for the ownership, mainte- amount of all available limits b. If Other Uninsured Motor Vehicle CLE SIL4RL\-G. This exclu- s nance, or use of your car or a of all other sources of medical Coverage Applies sion does not apply when;and < trailer attached to it while our car only if,the fill amount of all J' payments coverage or similar The first paragraph of item 2. is available limits of all other or a trailer attached to it is used in vehicle insurance that apply changed to read: sources of physical damage personal vehicle sharing. have been paid. Page 1 of 3 6126MD Paae 2 of 3 6126M0 0,Copyright,State Fann Mutual Automobile Insurance Company,2013 C.Copyright,State Farm h1utual Automobile Insurance Company,2013 �w coverage or similar coverage primary coverage for a loss to your that apply have been paid. car,except while pour car is used b. If Other Physical Damage Coverage in personal vehicle sharing. The or Similar Coverage Applies physical damage coverages provid- o The first paragraph of item 3. is ed by this policy apply as excess changed to read: coverage for a loss to your car while it is used in personal vehicle � The physical damage coverages c provided by this policy apply as sharing. N V z T /Y C C f C Page 3 of 3 6126MD C.,Copyright,State Fann Mutual Automobile Insurance Company,2013 e