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20-001 Lester Markarian CITY OF No. FY2019-2022 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation ("City"), and LESTER MARKARIAN ("Contractor'), a SOLE PROPRIETOR for BLACKSMITHING CLASSES AND DEMONSTRATIONS and is effective on the last date signed below ("Effective Date"). 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. I 3. Term. This contract begins on the Effective Date and ends on 6/30/2022 ("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 address or mitigate such delays. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed$13,510 ($1,600 for FY 19-20, $6,610 for FY 20-21, and$5,300 for FY 21-22) ("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 thirty (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 the final payment. 5. Independent Contractor. 5.1 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 Recreation Services Agreement/Rev.Sept.2019 Page 1 of 7 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, if required by the Cupertino Municipal Code. 5.2 Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority,vacation time,vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits,social security,disability,unemployment,workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made. I i i 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 as 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, to the extent requested by City, constitute City property upon completion of the work to be performed hereunder or upon termination of this Agreement. 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 (4) years from the date of City's final payment. Recreation Services Agreement/Rev. Sept.2019 Page 2 of 7 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 the Services during the Contract Time and for one(1)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. 11. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel,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. This Section 11 shall survive termination of the Agreement. 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 Agreement. 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. Consultant is responsible for verifying l 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 j of California Political Reform Act and the California Code of Regulations. Services may only be Recreation Services Agreement/Rev.Sept.2019 Page 3 of 7 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 fingerprints and a criminal background 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,AB 2007, and other laws pertaining to concussion evaluation,removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, htWs://www.cdc.goy/headsul2/­­index.htn-d). 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 Parks&Recreation Services Instructor Manual. Check one (if applicable): L�'J This contract requires services for children. ❑ 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 Parks&Recreation 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: Keith Wandry Name:Lester Markarian Position: Recreation Coordinator Position:Blacksmith Instructor Contact:keithw@cupertino.org Contact: Recreation Services Agreement/Rev.Sept.2019 Page 4 of 7 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 f 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 M 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 18 survives this Agreement. l I 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 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 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 any term,clause,or provision of the main contract and any term,clause,or provision of the attachments or exhibits thereto,the terms of the main contract shall prevail and be controlling. 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. i 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 i and provisions and their application to specific situations will remain in full force and effect. Recreation Services Agreement/Rev. Sept.2019 Page 5 of 7 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(5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. i To City of Cupertino: To Contractor: j Office of the City Manager i 10300 Torre Ave., Cupertino, CA 95014 Cc: Representative/Coordinator: Cc:Representative/Coordinator: Lester Markarian Keith Wandry Email: Email:keithw@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. IN WITNESS WHEREOF,the parties have caused this contract to be executed. CONTRACTOR CITY OF CUPERTINO LESTER MARKARIAN A Municipal Corporation By / By . Name k- lt,Y 1'k ea-rka ► k ti e Title ` SLIti i4 Title 0?.06NqCr'3 �u pr�l2a/tS Date Date %�271-,70 Tax I.D. No.: I I 1 Recreation Services Agreement/Rev. Sept.2019 .Page 6 of 7 APPROVED AS TO FORM: ATTEST: HEATHER M.MINNER KIRSTEN SQUARCI . Cupertino City Attorney City Clerk Date 2- ( Z) ' Contract/Encumbered Amount: $13,510 Account No.: 100-63-612 700-702 FY 19-20$1,600,FY 20-21 $3,210, FY 21-22$3,400 580-63-620 700-702 FY 20-21 $3,400,FY 21-22$1,900 i i l Recreation Services Agreement/Rev. Sept.2019 Page 7 of 7 EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide BLACKSMITHING CLASSES AND DEMONSTRATIONS in,but not limited to,the following: INSTRUCTION, DEMONSTRATIONS, SAFETY, AND EQUIPMENT MAINTENANCE Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SPRING 2020 - SUMMER 2022 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: Hourly compensation of$45 for services requested. The total compensation to the Contractor shall not exceed $13,510. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 2 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 S Insurance Requirements for Recreation. Contracts As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement 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 limit applies, it must apply separately to this project/location(CG 25 03 or 25 04)or be twice the required occurrence limit. a)It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b)Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c)The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance,provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 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 automobile is used to perform work under this contract. Otherwise,proof of Contractor's personal auto insurance with limits required by state lawsuffices. 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. 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. Y Required if Contract involves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Exh.B Insurance for Recreation Contracts Updated Sept. 2019 1 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents,servants and volunteers ("Additional Insureds")are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance(at least as broad as ISO Form CG 20 10 (11/85)or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically,the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above,City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk,prior experience, insurer or other special circumstances, with not less than ninety(90)days prior written notice. Exh.B Insurance for Recreation Contracts Updated Sept. 2019 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 contractor and the owner of Lester Markarian 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 /�°� day of reb r-an 2020, at in In- , California. Let I,-Mr+of PRINT NAME �Ltc SIGNA 7 RE EXHIBIT D Contractor's Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of LESTER MARKARIAN; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that LESTER MARKARIAN has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor's employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq. 4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5. That a complete and accurate list of Contractor's employees, who may come in contact with minors during the course and scope of the Agreement, are included below. 1 6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of all Contractor Employees working for the City (if no Employees, identify "self"): self 8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. LESTER MARKARIAN By: 4WERMARKARIAN Title: qtACKSMITHING INSTRUCTOR Date: i EVANSTON INSURANCE COMPANY CERTIFICATE NO.: CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY(ADDITIONAL INSURED) Alliant Insurance Services,Inc.in conjunction with City of Cupertino Apex Insurance Services P.O.Box 6450 Newport Beach,CA 92658 License No:OC 36861 NAMED INSURED(EVENT HOLDER): EVENT INFORMATION: Lester Markarian TYPE: Various Instructional Classes *Liquor Liability Yes ._. No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named(event holder)for the policy period indicated. The insurance described herein is subject to all the terms,exclusions and conditions of such policy(ies)unless amended as described in Special Conditions. INSURANCE CARRIER:Evanston Insurance Company MASTER POLICY NUMBER: MASTER POLICY DATES: EFFECTIVE: January 01,2020 EXPIRATION: January 01, 2021 COMMERCIAL GENERAL LIABILITY General OCCURRENCE FORM DEDUCTIBLE: NONE Aggregate Limit $2,000,000 Products&Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal&Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You(Any One Premises) 100,000 Certificate Of Insurance: Medical Payments(Any One Person) 5,000 MEGL1643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,00053,000,000 ❑ $2,000,000/$2,000,000 Property Damage(If purchased) No Property Damage Coverage The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants CANCELLATION: Should the above described policy be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 01/16/2020 POLICY NUM BER: 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 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contractor agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 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 1 of 1 III MARKEL` EVANSTON INSURANCE COMPANY IMPORTANT NOTICE CALIFORNIA SURPLUS LINES NOTICE (D-2) 1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called "nonadmitted" or "surplus lines" insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or "surplus line" broker or contact the California Department of Insurance at the toll-free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC's internet website at www.naic.org. The NAIC — the National Association of Insurance Commissioners — is the regulatory support organization created and governed by the chief insurance regulators in the United States. 5. Foreign insurers should be licensed by a state in the United States and you may contact that state's department of insurance to obtain MPIL 1039-CA 01 20 Page 1 of 2 more information about that insurer. You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm. 6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC's International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or "surplus line" broker to obtain more information about that insurer. 7. California maintains a "List of Approved Surplus Line Insurers (LASLI)." Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov./01-consumers/120-company/07- Iasli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker's fee charged for this insurance will be returned to you. MPIL 1039-CA 01 20 Page 2 of 2 MARK R BATTEY 410 OCEAN ST SANTA CRUZ,CA 95060 FARMERS INSURANCE. Auto Insurance Policy Change Your Farmers Policy Policy Number: BARBARABANFIELD Effective:11/15/201912:01 AM LESTER MARKARIAN Expiration:4/25/2020 12:01 AM Your Farmers Agent .... ..... .... Mark R Battey 410 Ocean St 11/18/2019 Santa Cruz,CA95060 (831)423-7163 Dear Barbara Banfield and Lester Markarian, mbattey@farmersagent.com Thank you for giving us the opportunity to serve your auto insurance needs.This packet To file a claim call reflects recent changes made to your policy. 1-800-435-7764 A summary of your premium and policy change information is shown below. Did you know? Premium at-a-glance . ... . ...... .. .. .. ... . ... . . . . . .. Full-term Premium(excluding. ......... ... .. . ... .......... .. .. ..... fees) $965.60 4r Go Paperless Save stamps,time and trees....Go Prorated Premium (11/15/2019-4/25/2020) -$93.24 Paperless!You can choose to receive your Farmers policy Total for this Transaction _$93.24 documents and/or billing statement electronically.Enroll at farmers.com This is not a bill. and choose the paperless options! Your bill with the amount due will be mailed separately. Go Mobile [dk�i3G'nary of Changes The Farmers®Mobile App gives you 24/7 account access on the go.Text Previous - Current GETAPP to 29141 to download it Not Included Included If you have any questions or would like to learn more about our other insurance products and services,please contact your agent. We appreciate your business. Sincerely, Farmers Insurance Group® farmers.com 25-8164 1-14 FARMERS Auto Insurance Declaration Page INSURANCE Policy Number: 1 695 1-47-30 Premiums .... .... ... . . ....... ..... ... .. ... .. ... .. .... . .. . Effective: 11/15/2019 12:01 AM Full-term Premium(excluding fees) $965.60 Expiration: 4/25/2020 12:01 AM Namedlnsured(s):Barbara Banfield Prorated Premium(11/15/2019-4/25/2020) -$93.24 Lester Markarian 001 Total for this Transaction -$93.24 Your bill with the amount due will be mailed separately. Underwritten By: Farmers Insurance Exchange 6301 Owensmouth Ave. Woodland Hills,CA91367 Household Drivers All persons who drive or will occasionally be driving any of the cars on the policy should be listed below.If anyone is missing or needs to be added,such as a newly licensed driver,you should contact your agent or the company to add that person before they begin to drive .-" any of the cars covered on the policy. Name. Driver Status Name Driver Status ..__.............................................................-...........-.-_.......................--.-- .......................-..-............-...._....-. . . . . ..................................................-............................................................-............_.....................................................................................-........................................ Lester G Markarian Covered Barbara Banfield Covered .................................................................................................................... ................................................__........................... ....... ...... _.... _._ Leon A Markarian Covered Eleanor Markarian Covered Vehicle Information Veh.# Year/Make/ModeIMN Coverage Deductible Limit ......................................................................................_................................................................................................................................................................._-............................................................................_.._........................................................._.......---.....................--...._...............-_...............I............... ...... 1 Collision: $500 Additional Equipment: $1,000 ._ ........... ..... .. ._...._ .... ...-- .__ ..... ..... .... .._ .... ._...... _..... .._.......__.._. .._.....__..... .. .. .... 2 Collision: Not Covered Additional Equipment: Not Covered ... . ..... ....... ....... ...... ..... . . 3 Collision: Not Covered Additional Equipment: $1,000 farmers.com Policy No. Questions? Manage your account: Call your agent Mark R Battey at(831) Go to www.fai-mers.com to access 423-7163 or email your account any time! mbattey@farmersagent.com 56-6176 1st Edition 5-17 11/18/2019 Page 1 of Declaration Page(continued) Coverrage Information Limits Premiums by Vehicle Coverage (applicable to all vehicles) Vehicle I Vehicle 2 Vehicle 3 Bodily Injury Liability $50,000 each person $98.80 $10.90 $181.10 $100,000 each accident . ..... ...... .. . .. ...._ _... . ..._ . ... .._ ... a Property Damage Liability $50,000 each accident $110.60 $12.50 $154.30 Permissive User Limit of Full(See Permissive User Included Included Included Liability" Limit of Liability in your policy) Medical Coverage Not Covered Not Covered Not Covered Uninsured Motorist Bodily $30,000 each person $31.80 $3.30 $31.40 Injury $60,000 each accident Comprehensive $55.70 Not Covered $120.00 ...... _... _ .. _.. .._ _ .. _.._._ _. . . ...... ..... ..._ .... . .... .... _.._ ... .. ..._ ..... .__. ... __ Collision $140.00 Not Covered Not Covered _.. ...... .. .. _...... .._ .. _ ... ...... .. ...._ . .. ...... .... ..... _.... .. .. ...._ ...... ...... ........ ... Additional Equipment Included Not Covered Included j _..._ _.... _... .......... _..... .... ....... ......... . ....... ... _ .. ....... ...I ...... ......_ .... ..... Uninsured Motorist Property $3,500 Not Covered $1.10 $9.80 Damage Without Collision Uninsured Motorist Property $4.30 Not Covered Not Covered Damage With Collision . ..... ....... ..... ._._ _. _ .. .._ ._... ... Towing and Road Service Not Covered Not Covered Not Covered Total Premium Per Vehicle $441.20 $27.80 $496.60 1111110"Fuli-term Premium $965.60 Discounts Discount Type Applies to Vehicle(s) Discount Type Applies to Vehicle(s) _-- _....._ __.. __ .._._..._......_............__.....__........__. . .. ..... ....._.. ....... _._.. .._. _........ - _ Anti-Lock Brakes 1,3 Good Driver 1,2,3 ........ ..I... ....._ _ ..... _-... _............ .... ...... ..I. .............................__ __.. _..._.. ....... ...... ...... Multiple Car 1,3 Auto/Renter 1,3 _ _..... _...... . ._.... _...__... _... _ .. .. ........ ..... . .... ... ...... Alternative Fuel 1 Stability Control 1,3 ............... _ __ _..._ ...__..... ...._.. .-_..._.-..._ _. ...... Safe Driver 1,2,3 Sr.Defensive Dr 1,3 Rating Information Details Vehicle 1 Vehicle Vehicle Garaging Lip 95062 95062 95062 . ...... .. . ..... ... Current Annual Mileage 7,500 200 7,000 Previous Annual Mileage 7,500 200 7,000 Vehicle Usage Commuter Use N/A Other Use .... ..... ..... Years of Driving Experience 49-53 49-53 farmers.com PoiicyNo. Questions? Manage youraccount: Call your agent Mark R Battey at(831) Go to www.farmers.com to access 423-7163 or email your account anytime! mbattey@farmersagent.com t 56-6176 1st Edition 5-17 Page 2 of 3 Declaration Page(continued) Policy and Endorsements This section lists the policy form number and any applicable endorsements that makeup your insurance contract.Any endorsements that you have purchased to extend coverage on your policy are also listed in the coverages section of this declarations document: 56-5684 1 st ed.;CA125 2nd ed.;25-8531 10-12;J6282 1st ed.[Veh:2 only] Other Information • "YOUR POLICY INCLUDES THE FULL PERMISSIVE USER LIMIT OF LIABILITY.PLEASE SEE PERMISSIVE USER LIMIT OF LIABILITY IN YOUR POLICY FOR FURTHER INFORMATION. • You may be eligible for a different rate but with different coverage from Farmers Specialty Insurance Company.Please contact your Farmers®agent to discuss your options. • This policy has a restrictive endorsement. • Go Green by logging onto Farmers.com or contacting your Farmers Agent. • Any outstanding credit will be applied to your remaining account balance.However,'insured'can request an immediate refund for any outstanding credit if preferred. • Farmers Friendly Reviews are a great way to make sure you are receiving all the discounts for which you qualify,and identify any IT potential gaps in coverage.Contact your agent to learn more about the policy discounts,coverage options,and other product offerings that may be available to you. 1 *Information on Additional Fees The"Fees"stated in the"Premium/Fees"section on the front apply on a per-policy,not an account basis.The following additional fees also apply: 1. Service Charge per installment(Inconsideration of our 2. Late Fee:$10.00(applied per account) agreement to allow you to pay in installments): 3. Returned Payment Charge:$25.00(applied per check, For Recurring Electronic Funds Transfer(EFT) and fully electronic transaction,or other remittance which is not enrolled online billing(paperless): $0.00(applied per honored by yourfinancial institution for any reason including account) but not limited to insufficient funds or a closed account) For other Recurring EFT plans: $2.00(applied per account) 4. Reinstatement Fee:$18.40(applied pervehicle,20% - For all other payment plans: $5.00(applied per account) discount will apply for Good Drivers) If this account is for more than one policy,changes in these fees are One or more of the fees or charges described above may be not effective until the revised fee information is provided for each deemed a part of premium under applicable state law. policy. 1 Countersignature j- e, Authorized Representative ,.a farmers.com PolicyNo. Questions? Manage your account: Call your agent Mark R Battey at(831) Go to www.farmers.com to access 423-7163 or email your account any time! mbattey@farmersagent.com 56-6176 1st Edition 5-17 Page 3 of 3 ARCH Pr �- _-. ]� INTERMEDIARIES CLAIMS MADE SEXUAL MISCONDUCT AND MOLESTATION INSURANCE Form: SML Safeguard Wording-623AFB00213 Policy Number: Renewal of: Named Insured: City of Cupertino—Dept of Recreation&Community Services Public Works Department Principal Address: 10185 N Stelling Road,Cupertino, CA,95014 Policy Period: From: I"July 2019 To: Ist July 2020 Both dates at 12:01 a.m.Local Time at the Principal Address stated in Item 1. Limit of Liability: a) USD 5,000,000 for all Claims for Wrongful Acts against any one Victim b) USD 5,000,000 for all Claims for Wrongful Acts against all Victims,but sub-limited to: c) USD 50,000 for all Safeguard Costs resulting from all Circumstances Such Sub-limit of Liability shall be part of,and not in addition to,the overall Limit of Liability stated in 3.b)above. Retention: USD 35,000 any one Victim 1' I Premium: I USD 27,000 to be paid within 25 days of attachment Notification pursuant to Clause IX.shall be given to: Claims Department Beazley 30 Batterson Park Road, Farmington, CT 06032. claimsg_beazle. (860)677 3765 (phone) (860)679 0247(fax) Retroactive Date: 1"July 2018 Pending or Prior Litigation Date: I"July 2018 Service of Suit: Foley&Lardner LLP, 555 California Street, Suite 1700, San Francisco,CA 94104- Choice of Law: New York Conditions: Application Dated: TBA California Surplus Lines Notice 1-LMA9098A California Complaints Clause—LMA9136 Small Additional or Return Premiums Clause(U.S.A.)—NMA 1168 Nuclear Incident Exclusion Clause-Liability-Direct—NMA 1256 Radioactive Contamination Exclusion Clause-Liability-NMA 1477 War and Terrorism Exclusion—NMA 2918 Sanctions Limits Clause-LMA 3100 Beazley Safeguard Education Document Arch Safeguard Enhancement Endorsement Amended Definition of Independent Contractor Endorsement—as attached U.S Classification: Surplus Lines Broker and State filed in:Risk Placement Services,2850 Golf Road, Rolling Meadows,IL 60008 License Number: OC66724 Subject to: 1)Re-signed and dated renewal application—to be dated within 30 days of inception All subjectivities to be received within 7 working days of binding otherwise Underwriters reserve the right to amend terms or cancel ab initio. Brokerage: 22.5%or same net equivalent downwards,plus taxes as applicable Information: Employees—41 Full time+255 Part Time+70 ICs Exposure Units—97,000 Nature of Business—Municipality Cancellation by an Insured may result in a short rate calculation to determine the return premium, subject to 5%minimum earned of the total premium. Underwriting Security: 100%Lloyd's(Information about Lloyds)