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19-001 Royal Coach Tours CITY OF No. Is FY2019-23 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties.This contract is made and entered into as of 7/1/2019 ("Effective Date"),by and between the City of Cupertino, a municipal corporation ("City"), and with ROYAL COACH TOURS, 630 STOCKTON AVENUE, SAN JOSE, CA 95126 ("Contractor"), a TRANSPORTATION SERVICES COMPANY for MOTORCOACH CHARTER SERVICE. 2. Services.Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends on 12/31/2022 ("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 3 address or mitigate such delays. 4. 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$144,000("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. 5. Independent Contractor.Contractor is an independent Contractor and not an employee, 1. partner, or joint venture of City. Contractor is solely responsible for the means and methods of j 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. J I, Recreation Services Agreement/Rev. 3-27-2018 Pagel of 6 6. Proprietary/Confidential Information.To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it confidential and use it solely to perform this Agreement. Contractor must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 7. 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. 8. Records.Contractor must maintain complete,accurate,and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's services,benchmarks, deliverables and costs/fees,and must be made reasonably available to City.The records and supporting documents must be kept separate from other files and maintained for four years from the date of City's final payment. i 9. Assignment.This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City.Only those persons whose names are included in Exhibit A may perform the Services. 10. Publicity and Signs.Any publicity generated by Contractor related to this contract or j 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. into signs may be posted,exhibited or displayed on or about City property,except signage required by law or under this Agreement without prior written approval from City. 11. Indemnification.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. 12. Insurance.Contractor shall comply with the insurance requirements in Exhibit B.City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. 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 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination,including Title VII of the Civil Rights Act of 1964,the California Fair Employment Practices Act,the Americans with Disabilities Act of 1990,and other laws that pertain to fair employment and anti-discrimination practices. Contractor 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,A132007, and other laws pertaining to concussion evaluation,removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, hth2s://www.cdc.govfheadsul2/index.html). D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control&Prevention(link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Recreation&Community Services Instructor Manual. i Check one(if applicable): i f ❑ This contract requires services for children. I 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:Alex Corbalis Name:Lynee Cradduck Position:Recreation Coordinator Position:Sales Manager Contact:alexc@cupertino.or ,408-777-3375 Contact:lynee@royal-coach.com,408-279-4801 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 as to those matters contained herein,and supersede any other contract or understanding,either oral or Recreation Services Agreement/Rev. 3-27-2018 Page 4 of 6 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 i 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 j 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 630 Stockton Avenue,San Jose,CA 95126 j 10300 Torre Ave.,Cupertino CA 95014 cc:Representative/Coordinator: cc:Representative/Coordinator: Lynee Cradduck Alex Corbalis Email: lynee@royal-coach.com Email: alexc@cupertino.org 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. t i 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 Royal Coach Tours A Municipal Corporation B. By Name 1 r\ ra Name(! S&c, Title J�l\ s�,y �1q7`/�� y Title Date l I r Date Tax I.D.No.: APPROVED AS TO FORM: ATTEST: HEATHER M.MINNER GRACE SCHNIIDT Cupertino City Attorney City Clerk �r FY19-20 ContractlEncumbered Amount:$41,000 Account No.: 100-62-623 700-702 FY20-21 ContractlEncumbered Amount:$41,000 Account No.:100-62-623 700-702 FY21-22 ContractlEncumbered Amount:$41,000 Account No.: 100-62-623 700-702 FY22-23 ContractlEncumbered Amount:$21,000 Account No.: 100-62-623 700-702 Recreation Services Agreement)Rev. 3-27-2018 Page 6 of 6 EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide MOTORCOACH CHARTER SERVICE in,but not limited to, the following: The Contractor shall provide at least one of each size motor coach 56 passenger capacity bus,47/48 passenger capacity bus,36/38 passenger capacity bus, and 24 passenger capacity bus and motor coaches must be less than 5 years old when available;air-ride motor coach equipped with working stocked restroom(except 24 passenger),working microphone,DVD player,reclining seats,large windows with tinted safety glass that is not cracked, air conditioning and baggage binds,no wrap- around signs;24 hour emergency contact;and single point of contact for scheduling and accounts payable.Service shall also be consistent with the attached terms and conditions provided by the Contractor. l Location and Time of CONTRACTOR Services: The Cityexpects annual service of fort (45) day trips per year;four(4)overnight trips that last p Y Y P p Y g p between two to five days in duration;and five(5)round trip transfers to Bay Area airports. 1 The City shall incur no penalty for canceling any motor coach charter service with a two(2)week prior notice.The Contractor may apply a full-rate charge cancellation fee if cancellation notice is less than four days from trip date.The Contractor may apply a 50%rate charge for cancellations between thirteen(13) and five(5)days from trip date. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement.The total i compensation to the Contractor shall not exceed$144,000.Compensation shall consist of the following for 2019 with a yearly review and an increase of no more than 2%per year: 1 2019 RATES 16 PAX 24 PAX 38 PAX 48 PAX 50 PAX 56 PAX FIRST 4 HOURS $336.13 $485.06 $520.52 $580.80 $596.02 $605.18 EACH ADD'L HOUR $84.03 $88.19 $94.64 $105.60 $108.37 $110.03 LIVE MILEAGE $4.20 $4.41 $4.73 $5.28 $5.42 $5.50 OVERNIGHT $1,092.42 $1,278.78 $1,372.28 $1,531.20 $1,571.34 $1,595.46 (PER DAY) SAN FRANCISCO $336.13 $485 .06 $520.52 $580.80 $596.02 $605.18 (SFO) OAKLAND $336.13 $485.06 $520.52 $580.80 $596.02 $605.18 (OAK) SAN JOSE (SJC) $319.76 $399.56 $427.52 $439.51 $439.51 $439.51 List of all Contractor Employees working for the City of Cupertino(if no Employees,identify "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. 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. i i Charter Busy Transportation :�of ui to n :I s iacc- 1960 Employee List: Rene Fernandez Sonia Acevedo Daniel Fernandez Rufmo Arango Michelle Fugere Priscilla Avarca Daniel Gee Fernando Bentzen Ace Genets Marcos Bravo Balpreet Gill a Sharon Brown j John Gilb Phillip Burks Sergio Gonzalez Sandra Butler Angel Gonzalez Wanda Caldwell Wray Goodwin Eric Casares Edgard Gravidez Guadalupe Chavez Jude Hann Nick Clark Russel Hardaway Daniel Cleveland Jeanette Hashbarger Lynee Cradduck Candida Hemphill Jose Delgado Robert Hicks Wendy Dominguez Tawny Hicks James Edwards Kevin Hill Maria Carmen Escobedo Samuel Ishiekwene Carolina Munoz-Hernandez Philip Jetson Fred Neild Antionette Jones Phong Nguyen Satnam Kakaniya Mohamed Omar Rippal Kanda Javier Ornelas Deborah Keyes-Smith Anna Ortega Justin Kirsch Brent Parsons Daniel Krapf Susana Parisi Paul Krenz James Penrod Jamar Lee Somnuck Phanthasmochit Adriana Luna Thuy Pham Manuel Luna Ines Pijal Craig Magnuson Kenneth Price Lorena Martinez Jorge Ramos Christopher Martinez James Reed Adam Mccarthy Hilario Reyes Arturo Medina Sandra Robles Erika Mendoza Jessica Salazar Adriana Meza Alma Santos Louis Miller Mary Sawyer Ricardo Munoz Allison Schwan Alfredo Munoz Jae Simpson Armando Munoz Kristine Stewart 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 beat 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 $10,000,000 per occurrence. If a general aggregate limit 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 $10,000,000 per accident for bodily injury and property damage. 30 Required if automobile 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. 9 Required if Contractor has employees. ❑ If no employees, Contractor must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: 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 this 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. I 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. i OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the following provisions: I 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 Recreation 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 01 04 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 confirm 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-I8 2 Royal Coach Tours 630 Stockton Ave.,San Jose,CA 95126 Phone(408)279-4801 Fax(408)286-1410 Terms and Conditions #1-Equipment-All vehicles are equipped with amenities such as AC/Heat and PA/Microphone system.All vehicles,excluding our Executive series vehicles,are equipped with amenities such as Wi-Fi and CD/DVD player.The fee for Wi-Fi is$27 per coach,charter. Please keep in mind that in certain areas,Wi-Fi strength may not be that strong.There is no additional fee for amenities such as CD/DVD's and microphones; therefore,we do not guarantee requests.CD/DVD players may not play non-copyrighted material.RCT reserves the right to substitute similar equipment from our fleet or other charter bus companies when necessary. #2-Booking Policy-Charter orders can be placed by telephone,fax,or email.A payment is required at time of booking.Customers will receive an e-mail or fax of the charter confirmation as acknowledgement of their order.An on-site dispatcher is recommended for orders of 10 vehicles or more.A$25 booking fee will be charged for each parking permit or entrance fee etc.that RCT obtains on behalf of the Client. #3-Payment Policy-No deposit required. Net 30 payment from date invoice received. Original trip confirmations are estimated charges. Charters will be billed for the amount of time or miles(whichever greater)the vehicle was booked regardless if the trip returns early.Charter may be subject to additional charges such as overtime,mileage overages,and miscellaneous fees such as bridge tolls and entrance fees.These charges will be billed and paid separately and will be provided to the client no later than five(5)business days after services rendered.RCT will not be responsible for delays due to heavy traffic,accidents,severe weather,or any other"Acts of God".RCT is not responsible for any losses other than the cost of the charter should an appointed time or event scheduled by the group be missed due to any fault of RCT.All legal fees incurred by RCT are the responsibility of the chartering client and/or booking agent. Please note that a 3%non-refundable processing fee will be applied when paying with a credit card.Final invoices will come from rct(ci iust4relay.com. Please add us to your address book, contacts,and/or"Safe Senders"list to avoid spam delays. #4-Cancellation Policy-Cancellations made fourteen(14)or more days prior to service will not be charged the$55.00 cancellation fee. Cancellations made less than four(4)days prior to the service date are subject to full charge. Cancellations for any trips that are multiple days, or more than one bus made thirty(30)or more days prior to service will be credited,minus$55 per bus per day.Cancellations for any trips that are multiple days,or more than one bus,made less than thirty(30)days prior to service date will not be refunded or credited. #5-Change Policy-Any time changes made 48 hours prior to the charter are subject to a$25.00 minimum change fee per bus.Any date changes are subject to a minimum of$250 fee per bus.Any changes made 24 hours or less are subject to a$250 minimum change fee per bus up to full charge. #6-Additional Cleaning Fees-It is the chartering party's responsibility to notify RCT in advance when there will be food/beverage and/or alcohol brought on board the coach.A minimum charge of$300 may be applied if the vehicle requires anything more than normal cleaning at the end of service.No glass containers or kegs are allowed on the coach at any time.No objects may be placed in the aisle while the coach is in motion.All drinks must be placed in a regular ice chest that does not leak and placed in a seat that has been properly protected.The space taken up by the ice chest must be figured into the total passenger count.There is no smoking allowed on any RCT vehicle at any time. Depending on the circumstance,a minimum of$500 will be charged for vomit on board a vehicle. #7-Damages-RCT inspects each vehicle before,during,and after each charter.In the event of damage to the vehicle,Client/Booking Agent j assumes full financial liability for the cost of repairing any harm and damage caused by the client or any members in the client's party during the service.Client is responsible for damages incurred to the vehicle caused by the negligence,recklessness or willful misconduct of the group,any individual from the group,or any other party that the group is involved with in any way.This includes both interior and exterior damage to repair,replace,and clean vehicle or any parts of vehicle.The cost of repairing,restoring,or otherwise remediating any damage to a vehicle caused by client may be charged to such client's credit card on file or billed directly to such client,without prior notice.Additional fees may be charged to cover damages at the company's discretion. f 1 #8-Driver Room-C I ient/boo king agent is responsible for securing and paying for the driver's lodging on any overnight charter,or mileage service if the driver runs out of hours.(1)Room per driver is required.Room must be within(5)miles of where the group is staying and the hotel must have adequate bus parking on site or within the vicinity.Additional charges may apply if the driver's room is further than(5)miles away.Rooms must be of average quality,include private restroom,and are subject to the approval of RCT(no cabins are permitted).A per diem minimum of$225 per night,per driver will apply if requirement is not met. If Client wants RCT to book the driver room,a$25 booking fee(per reservation)will be added to the charter. #9-Lost and Found-RCT is not responsible for any lost items. The chartering party should check for any items left on the vehicle before exiting.If RCT finds an item at the conclusion of the trip,client is responsible for the cost of shipping to return item as well as a minimum $25.00 processing fee.Items may be picked up at our office during regular office hours. #10-Emer2ency Contact Information-A RCT representative is available twenty-four hours a day,seven days a week for emergencies by calling 408-279-4801 and choosing Option(4).Our dispatch hours are 5:30am to 7:30pm Monday through Friday. #11-Unsafe Pick-up and Drop off location-It is the driver's responsibility to make sure the passengers get to their destination safely. Therefore,the driver has the ultimate decision on where he/she deems it safe for pickup and drop-off locations. #12-ADA Coach Requests-A minimum of forty-eight(48)hour notification prior to a charter date is required by the ADA if wheelchair accessible equipment is needed. #13-Hours of Service-It is RCT Safety Policy that trips(300)miles or greater cannot depart between the hours of lOpm to 4am. The driver cannot drive more than 10 hours in a 24-hr.period and needs 8.5 hrs.off duty before being on duty again. #14-Gratuities-10-15%is customary for good service and can be added,adjusted or removed at your discretion. #15 Chaperones-RCT Company Policy requires a minimum of one chaperone over the age of 21 years old on all moves with minors. I have read and understand these Terms and Conditions By signing below I(Client)signify that I have read the terms and conditions stated above in this Contract and agree to all stated terns and conditions.I further declare and represent that I am at least 18 years of age,that I have full legal capacity to be bound by this Contract,and that I am sign this ntract of m own free will and accord. Y�+ Name SC � Company L Z T �hy Date Royal Coach Tours 630 Stockton Ave.,San Jose,CA 95126 Phone(408)279-4801 Fax(408)286-1410 Revised 1/1/2017 ***PROPERTY OF ROYAL COACH TOURS—CONFIDENTIAL*** ROYACOA-01 NCVAX .4`oRo CERTIFICATE OF LIABILITY INSURANCE DATE(11111A1YYYY) 4l912019 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 endorsements. PRODUCER CONTACT American Highways Ins.Agency PHONE 3250 Interstate Drive AIC,Ne,EYt:(800 935-2442 FAX Na:(330 659-8912 Richfield,OH 44286 Ea" ' S,service@hi hwaysinsurance.com INSURE 5 AFFORDING COVERAGE NAIC 0 ENSURER A:National Interstate Insurance Company 32620 INSURED INSURER B:Vanliner Insurance CO. 21172 Royal Coach Tours INSURER C 630 Stockton Ave. San Jose,CA 95126 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 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 5UBR POLICY EFF POLICY EXP POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5,000,600 CLAIMS-MADE X OCCUR 2/112019 21112020 EMIEE £a 250,000 _-_ x XPPI102770-16 DAMAGE TO RENTED �(o --------•--.....---.___...-.—_...-----------.__--- MEDEXP(Any one arson $ 5,000 —_...--- —.---...__._..._....__........._...._..--_... PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY I� LOC PRODUCTS•COMP/OPAGG $ 5,000,000 OTHER: A AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT 5,000,000 X ANY AUTO )( XPPf 102770-16 2/112019 2/112020 BODILY INJURY Per ,arson S OWNED SCHEDULED AUTOS ONLY AUTOS yy p BODILY INJURY Per accident X AUTOS ONLY X AUTOS ONLY PPeOacaCen DAMAGE $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5r000,000 X EXCESS LIAR CLAIMS-MADE X XEX1102770-15 2/1/2019 211/2020 AGGREGATE DED RETENTION$ AUGL B WORKERS COMPENSATION PER �OTH- 14161UTEAN D EMPLOYERS'LIABILITY XANY PROPRIETOR/PARTNER/EXECUTIVE YINX XWC1102770-16 21112019 2l1/2020 1,000 p�FICERJMEMBWEXCLUDED? ' NIA E.L.EACHACCID£N $ ,000 (Mandatary In NH) H yes,desuibe under E.L.DISEASE-FA EMPLOYE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more space is required) Physical Damage Deductibles: $20,000 per charter bus(>29 PAX)-Comprehensive,Collision $5,000 per van,limo,school,transit-Comprehensive $10,000 per van,limo,school,transit-Collision $2,600 per pp/service for Comprehensive/Coillslon The City,Its City Council,boards and commissions,officers,officials,employees,agents,servants and volunteers are additional Insured on the auto liability SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Cupertino,Its Officers,Officials 8:Employees THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25(2018103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ArnRn AGENCY CUSTOMER ID:ROYACOA-01 NCVAXM LOC#: and `..� ADDITIONAL REMARKS SCHEDULE Page 1 of f AGENCY NAMEDINSURED merican Highways Ins.Agency aoyal Coach Tours - — — 630 Stockton Ave. POLICYNUMBER San UNITED Jos51 CA ATES126 EE PAGE 1 CARRIER NAiC CODE �.EE PAGE 1 .___... .. -- ISEE P 1�EFFEc:rvEDATE: [SAf:G 1 - ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 2S FORM TITLE: Certificate of Llabilllk Insurance Description of Operations/Locations/Vehicles: and general liability policies pursuant to the terms and conditions of the policy; primary and non-contributory coverage shall apply to the auto liability and general liability if a contract specifically requires that this Insurance be primary; a waiver of subrogation applies to the auto liability,general liability and workers compensation on a blanket basis when required by a written contract. 30 day written notice of cancellation applies except for non-payment of premium which provides 10 day notice pursuant to the terms and conditions of the policy ACORD 101(2008/01) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: XPP 1102770-16 THIS ENDORSEMENT CHANGES THE POLICY-PLEASE READ IT CAREFULLY ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person(s)or Or anization(s) The City, its City Council, boards and commissions, officers,officials, employees, agents,servants and volunteers A. Section II—Who Is An Insured is amended to include as an insured any person or organization shown in the above Schedule who you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must have been signed and executed by you and the additional insured prior to any"bodily injury", "property damage"or "personal and advertising injury"and in effect during the policy period. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage"or"personal and advertising injury" covered under Section I—Coverage A—Bodily Injury and Property Damage Liability and Section I—Coverage B—Personal and Advertising Injury Liability , but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused in whole or in part,by : 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; and resulting directly from: a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or agreement; or b. "Your work"completed as included in the"products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or agreement. C. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: NICG20540111 Policy Number:XPP 1102770-16 THIS ENDORSEMENT CHANGES THE POLICY-PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY COVERAGE- BUSINESS AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person(s)or Organization(s) The City, its City Council,boards and commissions, officers, officials, employees, agents,servants and volunteers A. The following is added to Paragraph c. under A.1.Who Is An Insured,of Section II—Liability Coverage: Any person or organization shown in the above Schedule who is required to be named as an additional insured under a written contract or agreement between you and that person or organization is an"insured" for Liability Coverage,but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Section II. In addition, the written contract or agreement must be signed and executed by you and the person or organization before the"bodily injury"or"property damage"occurs and in effect during the policy period. B. The following is added to Paragraph 5.Other Insurance, under B. General Conditions of Section IV—Business Auto Conditions: If the person or organization in the above Schedule under a written contract or agreement with you requires this insurance to be primary and non contributory, regardless of the provisions under paragraph a. and paragraph d. of part 5. Other Insurance, this insurance will be primary and non contributory to any other insurance where the scheduled person or organization is a Named Insured. The written contract or agreement must be signed and executed by you and the person or organization before the "bodily injury"or"property damage"occurs and in effect during the policy period. NI CA 20 52 01 It This insurance is primary insurance as respects our coverage to the additional insured person or organization where the written contract or agreement requires that this insurance be primary and non contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured where the additional insured person or organization is a Named Insured. NI CG 20 54 01 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 --- ----- ----. -- -- --- ----. Ed.484) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City,its City Council,boards and commissions,officers,officials,employees,agents, servants and volunteers Notes: 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in()is optional with the company.It limits the endorsement to apply only to specific jobs of the Insured,and only to the extent that the insured Is required to obtain this waiver. This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 02/01/2019 Policy No.XWC1102770-16 Endorsement No. Insured: Royal Coach Tours,Inc. Insurance Company: National Interstate Insurance Company Countersigned By