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20-001 San Francisco Shakespeare FestivalCITY OF N0. PY2020 - 2021 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties. This contract is made by and between the City 0f Cupertino, a municipal corporation (“City”), and SAN FRANCISCO SHAKESPEARE FESTIVAL (“Contractor”), a Non-Profit for Free Virtual Shakespeare 2020 and is effective 0n the last date signed below (Effective Date”). 2. Services. Contractor agrees t0 provide the Services included in the Scope of Work and in accordance with the Schedule 0f Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends 0n 08/13/2020 (“Contract Time”), unless extended or terminated as provided herein. Time is 0f 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 0r potential delays to afford the Parties adequate opportunity t0 address 0r mitigate such delays. The City’s appropriate department head 0r 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 t0 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 t0 exceed $7,000.00 (“Contract Price”), based upon the Scope 0f 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 t0 receive payment. City will compensate Contractor within thirty (30) days after approval 0f 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 0f payrolls, expenditures, disbursements and other cost items charged t0 City 0r establishing the basis for an invoice, for a minimum of four (4) years from the date 0f the final payment. 5. Independent Contractor. 5.1 Contractor is an independent Contractor and not an employee, partner, or joint venture 0f City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. N0 Civil service status 0r other right 0f employment will be acquired by Virtue 0f Contractor’s performance 0f the Services. Contractor is not entitled t0 City’s health benefits, worker’s compensation or any other benefit. Contractor must have the skills and qualifications t0 perform the Services in a competent and professional Recreation Services Agreement/ Rev. Sept. 2019 Page 1 0f 7 manner. Contractor will supply all tools, materials, and equipment required t0 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 0f employment taxes incurred under this Agreement and any similar federal 0r state taxes. Contractor and any 0f 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 0r employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, 0r charges applicable t0 Contractor’s business including, but not limited to, federal and state income taxes. City shall have n0 obligation whatsoever t0 pay or withhold any taxes or benefits 0n 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 0r the State Employment Development Division, determine that Contractor, 0r any 0f its employees, agents, 0r subcontractors, is an employee for any purpose, then Contractor agrees t0 a reduction in amounts payable under this Agreement, or t0 promptly remit t0 City any payments due by the City as a result 0f 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. 5. Proprietary/Confidential Information. To the extent Contractor may have access t0 private 0r confidential information owned 0r controlled by the City, Contractor agrees t0 treat it as confidential and use it solely to perform this Agreement. Contractor must exercise the same standard 0f care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 6. Ownership 0f Materials. T0 the extent Contractor prepares written material, drawings, 0r data in connection with this contract, City will have the property rights t0 those materials and all copyrights, if any, t0 such work product will, to the extent requested by City, constitute City property upon completion of the work t0 be performed hereunder 0r upon termination of this Agreement. 7. Records. Contractor must maintain complete, accurate, and detailed accounting records relating t0 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 t0 City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date 0f City’s final payment. Recreation Services Agreement/ Rev. Sept. 2019 Page 2 0f 7 8. Assignment. This Contract is not assignable. Contractor may not substitute another 0r transfer any rights 0r obligations under this Contract without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 9. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions. The words “City 0f Cupertino” shall be displayed in all pieces 0f publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, 0r displayed on 0r about City property, except signage required by law 0r under this Agreement, without prior written approval from City. 10. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct 0f City personnel, Contractor agrees t0 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 t0 City, from and against any liability for damages, claims, actions, causes 0f action, demands, Charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), 0f every nature, arising out of 0r in any way related t0 Contractor’s 0r Contractor’s agents performance 0f this contract 0r the Services. This includes but is not limited t0 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 0r offset t0 cover any money the City lost due t0 a Claim or counterclaim arising out 0f this Contract. This Section 11 shall survive termination 0f the Agreement. 11. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates 0f insurance and endorsements evidencing the type, amount, and dates 0f coverage. Alternatively, City in its sole discretion, may purchase insurance and deduct the costs from payments t0 Contractor, or terminate the Agreement. 12. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, the Americans with Disabilities Act 0f 1990, and other laws that pertain t0 fair employment and anti—discrimination practices. Contractor must comply with labor laws pertaining t0 prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department 0f Industrial Relations. If Contractor does not have employees, it must sign the Affidavit 0f N0 Employees, attached as Exhibit C. Consultant is responsible for verifying employment eligibility 0f employees pursuant to the Immigration Reform and Control Act 0f 1986. Contractor must comply with conflict 0f interest laws and regulations applicable to this Agreement and avoid conflicts 0f interest. Contractor may be required t0 file a conflict 0f interest form for engaging in governmental decisions 0r serving in a staff capacity, and is hereby advised t0 review the requirements 0f California Political Reform Act and the California Code Recreation Services Agreement/ Rev. Sept. 2019 Page 3 0f 7 0f Regulations. Services may only be performed by persons who are not employed by City and who d0 not have a contractual relationship with City other than this contract. Contractor agrees t0 abide by City policies and administrative rules prohibiting gifts t0 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 11164-111743 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, https://www.cdc.gov/headsup/indexhtml). 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 t0 the City as required by Health and Safety Code Section 124235. Require coaches and administrators t0 successfully complete the concussion and head injury education at least once either online 0r in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator 0n 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. 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‘ t0 include the appropriate insurance coverages as required in 'Exhibit B - Insurance Requirements for Recreation Contracts', proof 0f fingerprinting and additional requirements under Paragraph 13. The contract will also require the approval of the Director 0f Parks and Recreation and City Attorney. 13. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility t0 oversee the delivery of Services in accordance with the terms 0f this Agreement. Contractor’s designation and any substitution are subject t0 City approval. For City: For Contractor: Name: Kelsey Hayes Name: Toby Leavitt Position: Recreation Coordinator Position: Executive Director Contact: kelseyh@cupertino.0rg Contact: t1eavitt@sfshakes.org 14. Abandonment. City may abandon 0r postpone the Activity 0r Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date 0f abandonment upon submission 0f final invoices approved by City. Recreation Services Agreement/ Rev. Sept. 2019 Page 4 0f 7 15. Termination. City may terminate this contract for cause 0r 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 0f final invoices approved by City. 16. Governing Law, Venue, and Dispute Resolution. This contract is governed by the laws 0f the State 0f California. Any legal actions 0r 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 0f Santa Clara, State 0f California. At City’s request, Contractor is required to continue to provide Services pending resolution 0f 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. 17. Attorney Fees. If City is required t0 pursue litigation, arbitration or other administrative or regulatory proceeding t0 enforce its rights or the terms of this Agreement, the prevailing party will be entitled t0 reasonable attorney fees and costs. This Section 18 survives this Agreement. 18. Third Party Beneficiaries. There are no third party beneficiaries under this Contract. 19. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver 0f any contract provision. City waiver 0f a breach shall not constitute waiver 0f another term, provision, covenant, or condition, 0r a subsequent breach, whether the same or a different character. 20. 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 t0 those matters contained herein, and supersede any other contract or understanding, either oral 0r 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 0f the main contract shall prevail and be controlling. 21. Inserted Provisions. Each provision or clause required by law 0r this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion 0r omission 0f a required provision. 22. Headings. The headings are for convenience only and are not a part of the contract or intended t0 affect, limit, or amplify the terms 0r provisions 0f this Agreement. 23. Severability/Partial Invalidity. If any contract term or provision, 0r their application t0 a particular situation, is found by the court t0 be void, invalid, illegal, 0r unenforceable, such term 0r provision shall remain in force and effect to the extent allowed by such ruling. A11 other contract terms and provisions and their application to specific situations will remain in full force and effect. 24. Survival. A11 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 0r termination of this Agreement. Recreation Services Agreement/ Rev. Sept. 2019 Page 5 0f 7 25. Notices. A11 notices and instruments pertaining t0 material provisions 0f this contract 0r significant disputes which are required by law 0r under this contract to be in writing must be sent t0 the persons listed below. The notices will be deemed effective 0n the date 0f 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 0r certified, 0r the next business day following electronic submission. T0 City of Cupertino: To Contractor: SAN FRANCISCO Office of the City Manager SHAKESPEARE FESTIVAL 10300 Torre Ave., Cupertino, CA 95014 ATTN: TOBY LEAVITT, P O BOX 460937 CC: Representative/Coordinator: Kelsey Hayes SAN FRANCISCO, CA 94146-0937 Email: kelseyh@cupertino.0rg Cc: Representative/Coordinator: Toby Leavitt Email: t1eavitt@sfshakes.0rg 26. Validity of Contract. This contract is valid and enforceable only if it complies with the provisions 0f Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager 0r authorized designee, and is approved for form by the City Attorney’s Office. 27. Execution. The person executing this contract 0n behalf of Contractor represents and warrants that Contractor has full right, power, and authority t0 execute this contract and t0 carry out all actions and services required. This contract constitutes a legally binding obligation 0f Contractor, and may be executed in counterparts, each one 0f which is deemed an original and all 0f which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Recreation Services Agreement/ Rev. Sept. 2019 Page 6 0f 7 IN WITNESS WHEREOF, the parties have caused this contract t0 be executed. CONTRACTOR By Name Title Date Tax ID. N0.: 942867264 CITY OF CUPERTINO A Municipal Corporation By Name Title Date APPROVED AS TO FORM: HEATHER M. MINNER Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Page 7 0f 7 Recreation Services Agreement/ Rev. Sept. 2019 Toby Leavitt Executive Director Jul 17, 2020 Toby Leavitt Heather M. Minner Jul 22, 2020 Rec Supervisor Rachelle Sander Jul 22, 2020 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide Free Virtual Shakespeare 2020 in, but not limited to, the following: 6 Virtual Performances 0f King Lear Location and Time of CONTRACTOR Services: Performance Dates and Times: July 25 - 7:00pm July 26 - 4:00pm August 1 - 7:00pm August 2 - 7:00pm August 8 - 7:00pm August 9 - 4:00pm Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant t0 this Agreement. Compensation shall consist 0f the following: $7,000.00 paid in full after the contract is completed. The total compensation t0 the Contractor shall not exceed $7,000.00. List of all Contractor Employees working for the City of Cupertino (if no Employees, identify ”self”): See attached list 0f employees. Performance of CONTRACTOR Services: Service Cancellation In the case Contractor unilaterally cancels performance 0f a service without City approval, City reserves the right t0 immediately and without notice cancel the remainder 0f services offered and 0r performed by Contractor. COVID—19 Health Order Compliance Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 0f the Agreement, includes compliance by Contractor with the restrictions 0n travel and the Social Distancing Requirements set forth in Section 13.k 0f the health order issued by the County of Santa Clara Public Health Department 0n March 31, 2020, in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, 0r federal laws 0r policies that have been 0r may be enacted in response t0 the COVID—19 pandemic (collectively, “Health Laws”). Contractor shall comply with these restrictions 0n travel and Social Distancing Requirements when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Order or Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. Contractor shall likewise comply Updated 4/15/20 with any City protocols designed t0 help prevent the spread of COVID-19. Contractor acknowledges that the need t0 comply with the Health Order and Health Laws may result in the City canceling performance 0f any class 0r meetings of a class referenced in this Agreement. Injury ofa Participant In the event 0f an injury occurring t0 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 0f the injury occurring. Updated 4/15/20 List of all Contractor Employees working for the City of Cupertino: Elizabeth Carter John Bernard Kendra Johnson Lana Palmer Hyun Sook Kim Sydney Schwindt Christian Haines Exhibit B Insurance Requirements for Recreation Contracts As required by the Agreement, Contractor shall procure prior to commencement 0f Services and maintain the following insurance for the duration of the Agreement against Claims arising from 0r 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 8: 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 0r 25 04) 0r be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than 0r in excess 0f 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 0f insurance required may be satisfied by a combination of primary and umbrella 0r 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 0r self—insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), 0r if Contractor has r10 owned autos, Code 8 (hired) and 9 (non-owned), with limits n0 less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State 0f California, with Statutory and Employer’s Liability Insurance limits 0f n0 less than $1,000,000 per accident for bodily injury 0r disease. 4. Sexual Abuse/Molestation: Activities/Services Do Not Involve Minors Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. 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 0n Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement t0 Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) 0r both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Exh. B Insurancefor Recreation Contracts Updated May 2020 Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance 01' self- insurance maintained by City, its officers, officials, employees, 01' volunteers shall be excess 0f Consultant’s insurance and shall not contribute t0 it. Notice 0f Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice t0 City 30 days in advance or 10 clays in advance if due to non—payment of premiums. Waiver 0f Subrogation Consultant waives any right t0 subrogation against City/Additional Insureds for recovery 0f damages t0 the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver 0f subrogation in favor 0f City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether 0r not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible 0r self—insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce 0r 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 t0 provide, that the self—insured retention may be satisfied by either the insured 0r the City. Acceptability oflnsurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification 0f Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (0r copies 0f the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page 0f the CGL policy listing all policy endorsements prior to commencement 0f the Contract. City retains the right t0 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 0f 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 0f Coverage City reserves the right t0 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. 12232152 Exh. B Insurancefor Recreation Contracts Updated May 2020 A ACORD“v CERTIFICATE OF LIABILITY INSURANCE SANFRAN-03 PDUGAN DATE (MM/DD/YYYY) 7/1 3/2020 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 0F INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER fiRM'IE'ACT gfiag'g'fmgcgg'gé Pa" m‘c’fio, Ex.» (410) 685-4625 | m’c‘, No,;(410) 685-3071 Baltimore, MD 21202 Eyofia'kss; INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:GREAT DIVIDE INSURANCE COMPANY 25224 INSURED INSURER B: San Francisco Shakespeare Festival INSURER C: P. o. Box 460937 .NSURER D: San Francisco, CA 94146 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. TTSRR TYPE 0F INSURANCE ?,?506' WW3§ POLICY NUMBER (fififggm) (fifihggw) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR x x CPA7508528-11 3122/2020 3/22/2021 Bémgfigfifififilfigme) $ 300,000 MED EXP (Any one person) $ 5’000 _ PERSONAL & ADV INJURY $ 1300300 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000300 POLICY EERCOT' D L00 PRODUCTS — COMP/OP AGG $ 2'000’000 OTHER:$ A AUTOMOBILE LIABILITY CEOaEEé'i‘égfitf'Nel—E L'M'T $ 1,000,000 ANY AUTO CAA7501200-12 3/22/2020 3/22/2021 BODILY |NJuRY (Per person)$ OWNED SCHEDULED _ AUTos ONLY AUTos BODILY INJURY (Per accudent)$ x HIRED x NON-OWNED PROPERTY DAMAGE _ AUTos ONLY AUTos ONLY (Per accudent) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 excess LIAB cLA|Ms.MADE CUA7501205-12 3/22/2020 3/22/2021 AGGREGATE $ 3,000,000 DED I I RETENTION $$ A WORKERS COMPENSATION PER 0TH- AND EMPLOYERs' LIABILITY Y I N x STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE X WCA7500524'1 3 2,7,2020 2,7,2021 E.L. EACH ACCIDENT $ Loooiooo OFFICER/MEMBER EXCLUDED? N IA 1 000 000 (Mandatm’ '" NH) E.L. DISEASE - EA EMPLOYEE $ 1 ! If yes, describe under 1 000 000 DESCRIPTION 0F OPERATIONS below E.L. DISEASE - POLICY LIMIT $ i ’ D_ESCR|PTION 0F_ OPERATIONS l LOCAT|0_N_S I VEHICLES (ACORD 101_, Additional R_emarks Schedule, may_be attached if more ?pacg is required) __ Clty of Cupertlno Is named as Additional Insured as reqUIred by wrltten contract. Waiver of Subrogatlon In favor of Addltlonal Insured. CERTIFICATE HOLDER CANCELLATION Cupertino Recreation and Community Services 10185 N. Stelling Road Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (201 6/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPA 7508528—11 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): As Required By Written Contract Prior t0 Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section || - Who ls An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" 0r "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional 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. With respect to the insurance afforded to these additional insureds, the following is added to Section ||| - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, |nc., 2012 Page 1 of1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84 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 0% of the California workers‘ compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Cupertino Recreation and Community Services, 10185 N. Services Stelling Road,Cupertino, CA 95014 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 Policy No. Endorsement No. 02/07/2020 WCA 7500524 13 Insured Premium Shakespeare San Francisco Insurance Company: Countersigned by Tri State Insurance Company of Minnesota WC 04 03 06 04 84 1998 by the Workers‘ Compensation Insurance Rating Bureau of California. Page 1 of 1 All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 2001. Shakespeare Contract Final Audit Report 2020-07-22 Created:2020-07-16 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA7H5k-KQuFl_gWGwn1WWHPsECU-sUjyK1 "Shakespeare Contract" History Document created by Kevin Khuu (KevinK@cupertino.org) 2020-07-16 - 10:41:07 PM GMT- IP address: 76.102.46.222 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-07-16 - 10:45:15 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-07-17 - 0:10:39 AM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Toby Leavitt (tleavitt@sfshakes.org) for signature 2020-07-17 - 0:10:44 AM GMT Email viewed by Toby Leavitt (tleavitt@sfshakes.org) 2020-07-17 - 1:11:20 AM GMT- IP address: 172.2.20.136 Document e-signed by Toby Leavitt (tleavitt@sfshakes.org) Signature Date: 2020-07-17 - 9:55:25 PM GMT - Time Source: server- IP address: 172.2.20.136 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-07-17 - 9:55:30 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-07-22 - 8:41:52 PM GMT- IP address: 45.41.142.239 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-07-22 - 8:42:25 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2020-07-22 - 8:42:30 PM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2020-07-22 - 8:49:54 PM GMT- IP address: 104.47.44.254 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2020-07-22 - 8:50:32 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-07-22 - 8:50:36 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-07-22 - 10:05:22 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-07-22 - 10:05:32 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Toby Leavitt (tleavitt@sfshakes.org), Kevin Khuu (KevinK@cupertino.org), Rachelle Sander (rachelles@cupertino.org), Kirsten Squarcia (kirstens@cupertino.org), and 3 more 2020-07-22 - 10:05:32 PM GMT