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20-080 Ecological Concerns, Inc., Right of Entry, Release, and Assumption of Risk Agreement, Stevens Creek Corridor Park and Restoration Project Site AccessPage 1 of 2 City of Cupertino Stevens Creek Corridor Park & Restoration Project Site Access RIGHT OF ENTRY, RELEASE AND ASSUMPTION OF RISK AGREEMENT This Right of Entry, Release and Assumption of Risk Agreement (“Agreement”) dated effective July 13, 2020 (the “Effective Date”), is entered into between City of Cupertino (“City”) and Ecological Concerns, Inc. City wishes to authorize Ecological Concerns, Inc. to collect willow cuttings, seeds, acorns and other propagule materials from existing plants (“Collections”) on City property in the Stevens Creek corridor for the purpose of growing native plants for restoration use. Restoration of native plants and enhancing green infrastructure in our region is consistent with the City’s Climate Action Plan, as well as other sustainability and environmental protection goals. The parties agree to the following terms: Access. City agrees to permit Ecological Concerns, Inc., or its subcontractors, to access the following City property: the Stocklmeir ranch, Blackberry Farm Golf Course, Blackberry Farm Park, McClellan Ranch, and McClellan Ranch West (“Property”) to extent necessary for Ecological Concerns Inc.’s Collections. This access does not authorize Ecological Concerns Inc. to enter any building or facility on the Property. Ecological Concerns Inc. must coordinate visits to the Property with City, perform the work in a professional manner, and use its best efforts to minimize any disruptions or inconvenience to the City and to members of the public that visit the Property. Ecological Concerns Inc. must confirm the intended harvest locations in advance with City staff. City staff has the discretion, at is sole option, to refuse to permit Ecological Concerns Inc.’s Collection at any location on the Property. Ecological Concerns Inc. shall provide a minimum of 2 working days’ written notice prior to scheduling work, and shall return the Collection site to its preexisting condition to the extent feasible. Ecological Concerns Inc. shall receive no compensation for the Collection or for any other conduct performed under this Agreement. Termination. Ecological Concerns Inc.’s access and this Agreement shall automatically terminate on completion of the Collection, but in no event later than June 30, 2023. The parties further agree that the City may terminate this Agreement with or without cause, and with or without notice. Miscellaneous. This Agreement: (a) contains the entire agreement between the parties relating to the subject matter, and any modification shall be in writing and signed by the parties (except as provided for under the terms of this Agreement); (b) may not be assigned by Ecological Concerns Inc.; (c) shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; and (d) shall be governed by the laws of the State of California, and without regard to conflicts of law principles. Page 2 of 2 Indemnification; Limitation on Liability; Insurance. Ecological Concerns Inc., on behalf of itself, employees, officers, agents and employees HEREBY WAIVES, RELEASES AND DISCHARGES the City of Cupertino and its officials, officers, agents, employees, from and against any and all liability for any loss, personal injury, including death, or property damage that may arise in connection with this Agreement or the use of the Collections, whether from known or unknown, apparent or latent hazards on the Property, occurring before, during or after entering the Property, even if that liability may have arisen out of negligence or carelessness on the part of the persons or entities mentioned above and herein released. Furthermore, Ecological Concerns Inc. assumes all responsibility and agrees to defend and indemnify the City of Cupertino and its officials, officers, agents, employees, for any loss, damage or injury arising out of Ecological Concerns Inc., its officials, officer, agents, employees conduct or performance under this Agreement. The City of Cupertino, and its officials, officers, agents, contractors, employees, do not make any representations regarding the condition, or safety of the Property, facilities, or the suitability of the use of the Collections, or any equipment on the Property, or the suitability of the use of the Collections. This Agreement is intended to be as broad as legally possible and binding upon Ecological Concerns Inc.’s officials, officers, agents, employees, and their heirs and assigns. Ecological Concerns Inc. agrees to maintain commercial general liability, auto and worker’s compensation insurance in an amount to be satisfactory to the City. Ecological Concerns Inc. By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ City of Cupertino By: ____________________________________ Name: __________________________________ Title: ___________________________________ Date: ___________________________________ Approved as to Form: ________________________________________ City Attorney Attest: ________________________________________ City Clerk Date _________________________________ Jon Laslett Director of Operations Jul 8, 2020 Jon Laslett Heather M. Minner Deborah L. Feng Jul 9, 2020 City Manager Deborah L. Feng Jul 9, 2020 12/20/2019 CLCA Insurance Solutions 11 West Ct St Suite D Woodland CA 95695 Christi Buchanan (855)662)2522 (530)662-1710 christi.buchanan@arm-i.com Ecological Concerns Incorporated, DBA: Central Coast Wilds 125 Walk Circle Santa Cruz CA 95060 Contractors Bonding & Ins Co 37206 Oak River Insurance Company 34630 Evanston Insurance Company 35378 United States Liability Insurance Company25895 121819 A X X X $1,000 PD Deductible X $10,000 Earth Movement Ded X X Contractors Equipment X Y A31ADF801 1/1/2020 1/1/2021 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 Per Policy Limits A X X Y A31ADF801 1/1/2020 1/1/2021 1,000,000 A X X X 10,000 X Y A31UUF801 1/1/2020 1/1/2021 5,000,000 5,000,000 B Y ECWC113424 1/1/2020 1/1/2021 X 1,000,000 1,000,000 1,000,000 C Pollution Liability CPLMOL101798 1/1/2020 1/1/2022 Occurence/Aggregate $1m/2M D Professional Liability SP 1562533D 1/1/2020 1/1/2021 Occurence/Aggregate $1M/2M City of Cupertino, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers is an additional insured as their interest may appear when required by written contract. The certificate holder will receive 30 days notice of cancellation. 10 days for non payment of premium. A waiver of subrogation applies in the certificate holders favor when required by written contract. Coverage is on a primary & non-contibutory basis. Commercial Excess policy is following form. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 GailS@cupertino.org Gina Stanley/CHRIST Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Per Written Contract Policy # A31ADF801 01/01/2020 All CA Operations Oak River Insurance Company ECWC113424 2294.00 ECI Right of Entry Release & Waiver for SCC Site Access 2020-2023 Final Audit Report 2020-07-09 Created:2020-07-07 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA0dS82aDF0h3wBZPPbHKyZI4opSxeKQCp "ECI Right of Entry Release & Waiver for SCC Site Access 2020 -2023" History Document created by Kevin Khuu (KevinK@cupertino.org) 2020-07-07 - 2:28:13 PM GMT- IP address: 76.102.46.222 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-07-07 - 2:32:27 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-07-07 - 2:51:52 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Jon Laslett (jlaslett@ecologicalconcerns.com) for signature 2020-07-07 - 2:51:54 PM GMT Email viewed by Jon Laslett (jlaslett@ecologicalconcerns.com) 2020-07-07 - 3:40:22 PM GMT- IP address: 74.125.209.62 Document e-signed by Jon Laslett (jlaslett@ecologicalconcerns.com) Signature Date: 2020-07-08 - 4:35:39 PM GMT - Time Source: server- IP address: 73.170.173.175 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-07-08 - 4:35:42 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-07-09 - 10:14:05 PM GMT- IP address: 45.41.142.8 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-07-09 - 10:14:42 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng (debf@cupertino.org) for signature 2020-07-09 - 10:14:45 PM GMT Email viewed by Deborah L. Feng (debf@cupertino.org) 2020-07-09 - 10:25:25 PM GMT- IP address: 104.47.44.254 Document e-signed by Deborah L. Feng (debf@cupertino.org) Signature Date: 2020-07-09 - 10:26:04 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-07-09 - 10:26:06 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-07-09 - 10:46:10 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-07-09 - 10:49:53 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Deborah L. Feng (debf@cupertino.org), Jon Laslett (jlaslett@ecologicalconcerns.com), cyrahc@cupertino.org, Kirsten Squarcia (kirstens@cupertino.org), and 3 more 2020-07-09 - 10:49:53 PM GMT