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23-014 San Jose Conservation Corps Compost Site Attendants for 2023CITY OF CuPERTINO PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1.PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and San Jose Conservation Corps ("Contractor"), a Non-Profit for Compost Site Attendants for 2023, and is effective 011 the last date signed below ("Effective Date"). 2.SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Setavices, attached here and incorporated as Exhibit A. Contractor ftnther agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3.TIME OF PF,RFORMANCF, 3.1 Tis Agreement begins on the Effective Date and ends on November 25, 2023 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on the effective date and shall be completed by November 25, 2023. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to tis Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4.COMPENSATION 4.2 Invoices and Payments. Montmy invoices must state a description of the deliverable completed and the amount due for the preceding month. Wit thirty (30) days of completion of Services, Contractormust submit arequisition for final and complete payment of costs and pending Compost Site Attendants for 2023 Page 1 0f 9 Professional/Consrdting Contracts /Ver'sion: October 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any fuither payment or other obligations under the Agreement. 5.TNDEPENDENT CONTR ACTOR 511 Status. 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. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City. 52 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that theyhave the qualifications and skills to perform the Setavices in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 54 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor 55 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 516 Payment of Benefits and Taxes. Contactor is solely responsible for the payment of employmenttaxesincurredunderthisAgreementandanysimilarfederalorstatetaxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim underthis 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 Califoria 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 beenhad the determination not been made. 6.PTiO}i<iE IARY/CONFmF,NTTAT,INFORMATTON In performing this Agreement, Contractor may have access to piivate or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to tmd parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Compost Site Attendants for 2023 Page 2 of 9 ProJessional/Consulting Contracts /Version: October 2021 Contractor shall exercise the same standard of care to protect City infornnation as a reasonably piudent contractor would use to protect its own proprietary data. 7.OWNERSHIP OF MATERIALS 7.I Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with tis Agreement will be the exclusive propeity of the City upon completion of the work to be perfoimed hereunder or upon teimination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-partywithout piior written approval ofCity. 72 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the propeity of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. 73 PatentsandLicenses.Contractormustpayroyaltiesorlicensefeesrequiredforauthorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City mayuse or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other Cityprojects. 7.5 DeliverablesandFormat.ContractormustprovideelectronicandhardcopiesoftheWork Product, on recycled paper and copied on both sides, except for one single-sided original. 8.RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City's finalpayment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Compost Site Attendants for 2023 Page3 of9 Professional/ConsultingConb'acts/Version: October2021 Act, Califoiia Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9.ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nahire of Contractor as a legal entity is considered an assignn'ient of the Agreement and subject to City approval, which shall not be unreasonably witbheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / S'IGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference tlie City's coiitributions in making the project possible. The words "City of Cupeitino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public setavice announcements, interviews and newspaper aiticles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. TNDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful tnisconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, orwarranties; (b) Negligent or willful acts or omissions committed duig performance of the Services; (c) Personalinjury,propertydamage,oreconorniclossresultingfromtheworkorperformance of Contractor or its subcontractors or sub-subcontractors; (d) Unarithorized use or disclosure of City's confidential and proprietary Information; (e) Claim of inftingement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any thirdparty. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense uponreceiving notice from City of a third-party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not litnited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothingin Compost Site Attendants for 2023 Page 4 of 9 Professional/Consrdting Contracts/Version: October202] the Agreement shall be constiued to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee 11.4. 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 Agreement, a purchase order, or othertransaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of tis Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. Tis Section 11 shall survive termination of the Agreement. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or tetaminating the Agreement. 13.COMPLIANCE WITH LAWS 13.1 Genera} Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to complywith prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discriminahon Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Governrnent Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with t's provision. Compost Site Attendants for 2023 Page 5 0f 9 Professional/Consrdting Contracts /Version: October 2021 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to t's Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Goverent Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies.AnyviolationofSectionl3constitutesamaterialbreachandmayresultinCity suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the tight to seek indemnification under Section 11 of this Agreement. 14. PRO.TECT COORDINAT}ON City ProjectManager. TheCityassigns Ursula Syrova as tlie City's representative for all purposes under tis Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Monica Rosquillas as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly ripdate the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative 15. ABANDONMENT OF PRO.TECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City mayterminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered tbrough the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17,GOVF,RNTNG LAW, VF,'NUE, AND DTSPUTF, RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to tis Agreement must be filed with the Superior Court for the County of Santa Clara, State of Compost Site Attendants for 2023 Page 6 of 9 Prqfessional/Consulting Contracts /Version.' October 2022 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in couit. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be suppoited by law and substantial evidence and include detailed written findings of law and fact. 18.ATTORNEY FEF,S If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing paity will be entitled to reasonable attorney fees and costs. 19.THIRD PARTY BENEFICIARIES There are no intended third paity beneficiaiies of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breacli shall not constitute waiver of another provision or breach. 21.ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Paities, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any teim, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22.INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate 23.HEADTNGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, 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 terms and provisions of this Co+npost Site Attendants for 2023 Page 7 of 9 Professional/Consrdting Contracts /Version.' October 2021 Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall sutavive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by areputable overnight delivery scrvice, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ceitified, or the next business day following electronic submission: To City of Cupertino Ofke of the City Manager 10300 Torre Ave. Cupeitino, CA 95014 Attention: Ursula Syrova Email: ursulas@cupertino.org To Contractor: San Jose Conservation Corps. 1560 Berger Dr. San Jose, CA 95112 Attention: Monica Rosquillas Email: mrosquillas@sjccs.org 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. Tis Agreement may be executed in counterpaits, 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 the Agreement to be executed. CITY OF CUPF,RTINO A Municipal Coiporation CONTRACTOR B V t!=-J' 57-'-=-BY DorseyA Moore Name Ursula Syrova (she/her)Name DorseyAMoore 1at1eEnValr0nmemalPr0gramSManager Title CEO Date Feb 23, 2023 Date Feb 23, 2023 Compost Site Attendants for 2023 Page 8 0f 9 Professional/Consulting Contracts /Version.' October 2021 APPROVED AS TO FORM: rL z:; CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: k-2% KIRSTEN SQUARCIA City Clerk Date Feb 23, 2023 Coinpost Site Attendants for 2023 Page 9 0f 9 Professional/Consxdting Contracts/Version.' October2021 EXHIBIT A- Scope of Services SAN JOSE CONSERVATION CORPS PROPOSAL FOR CITI OF CUPERTINO COMPOST SITE ATTENDANTS DATE PREPARED: 1/10/2023 Thisprojectissubjectofthetermsandconditionsofthe"MasterAgreement" betweenCityofCupertino and the San lose Conservation Corps (SjCCl which terms and conditions are incorporated by reference into this Special Project Approval Form. The terms of the Agreement shall apply to the project described on this Project Services Approval Form. I Project/Event Name: City of Cupertino Compost Giveaway Site Attendant 2 Project/Event Address/Location: 12100 Stevens Canyon Road, Cupertino Mailing Address: 10300 Torre Avenue, Cupertino, California, 95014 Project/Event Description: The San lose Conservation Corps (SJCC) will provide the of City of Cupertino with * minimzrqqf Oyyq (24) (;qrp4 [%(nbersr woqj4rnq d:tfi to serve as Compost Site Attendants. Attendants will work at their Compost Facility where free compost is available to Cupertino residents 7:30 am to 12:30 pm each Friday and Saturday morning between mid-March and mid-November. San Jose Conservation Corps Members will fulfill the following duties: p) Provide excellent customer service to patrons. (2) Communicate clearly with the public. (3) Provide clear and concise directions. (4) Lifts, carries, and places barricade signs and safety cones at the facility and adjacent to Stevens Creek Canyon Road. (5) Open and close the facility on time. (6) Verify residency requirements through personal interaction with each customer. (kl nintain a rt,cord ot vet)files miving at thg IRel 3 (s) Effectively manages the circulation of vehicle into and out of the site. (g) Exercises sound judgement to apply the specified time limit to each resident so that all can be served. (io) Provides City-supplied outreach and other approved materials to customers as needed. (:i.+) Closes the site securely and reports on the estimated amount of compost and /or bags remaining at the closing time each Saturday. (i;_) Communicates clearly with City staff in person, by telephone, and by email. (13) Provide proof of forma! training within two years from the start date of the agreement for each Corps member working at the site the following: 1) Heat Illness Prevention, 2) Blood Born Pathogens. (14) Participate in training as needed and deemed necessary by the City for effective operation of the site. Regular compensation to be paid by the City to the SJCC for any training and training to be provided by the City. 0s) Performs other duties as assigned. FORM J-1 EXHIBIT B- Schedule of Performance 4 Start Date: Friday, March 24, 2023 Estimated Completion Date: Saturday, November 25, 2023 5a Sponsor Finance/Administration contact: Alex Wykoff Phone: (408) 777-3255 5b Sponsor Project Supervisor Contact:Phone: 5c Corps Project/Event Supervisor Contact: Monica Rosquillas Phone: (408) 472-7093 6 Estimated number of crew members: 2 7 Estimated total hours worked by all crew members: 10 hours per week 8 Materials/equipment supplied by City of Cupertino and Corps: City will supply safety vests, shade structure, folding chairs, dust masks and ear plugs as needed. Corps will provide hats, sunscreen, water, sturdy closed toe footwear, and other PPE as needed. FORM J-1 EXHIBIT C Compensat on Estimated Costs: 2 Attendants FY 22-23 Hourly Rate for 2 Attendant(s)S96.00 from March 24,2023 to June 30,2023 (15 weeks) FY 23-24 Hourly Rate for 2 Attendant(s)S112.00 from July 1,2023 to November 25,2023 (22 weeks) Number of Hours per Week 10 Number of Weeks per Year 37 TOTAL S12,480 + 622,400= 534,880 ESTIMATED TOT AL COST FOR PROJECT : S34,880 EXHIBIT D Imurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for tlie duration of tlie contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INS{JRANCE POLICIES AND MINIMUMS REQUIRED 1. Cotntnercia/GeneralIiabi/i/y(CGL)forbodilyinjury,propertydamage,personalinjuryliabilityfor premises operations, products and completed operations, contractual liability, and personal and adveitising injuiy with liinits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit sliall apply separately to tliis project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a It shall be a requirement tliat any available insurance proceeds broader than or in excess of the specified minirmim 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) tlie broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy sliall be "primaiy 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 10 (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 namedinsured. 2. AutomobileLiabil%: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury ordisease. D Not required. Consultant has provided written verification of no employees. 4. Professional LiabilUy for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a TheRetroactiveDatemustbeshownandmustbebeforetheEffectiveDateoftheContract. b . Insurancemustbemaintainedforatleastfive(5)yearsaftercompletionoftheServices. c . Ifcoverageiscanceledornon-renewed,andnotreplacedwithanotherclaims-madepolicyform with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. Exh. D-Insurance Requirements for Design Professionals & Cons'tdtant Contracts Form UpdatedJan. 2022 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 fori'n of an endorsement to Consultant's insurance (at least as broad as ISO Forin CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if Later editions are rised). Primary Coverage Coverage afforded to City/Additional Insureds shall be primaiy insurance. Any iiisurance 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 sliall 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 sribrogation 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 perfori'ned by Consultant, its employees, agents and subconsultants. Tl'iis provision applies regardless of whether or not tlie City has received a waiver of subrogation endorsement fiaom tlie 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 mustfurnish 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 Endorseinent 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 Contractterin. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance tliat meet the requirements of this Contract, including naming tlie City as an additional insured on subconsultant's insurance policies. Higher Imurance Limits If Consultantmaintains broadercoverage and/orhigher limitsthan the minimums shown above, City shall be entitled to coverage for the higher insurance liinits 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. D-Insurance Requirements,for Design Professionals & Corrsvdtant Contracts Form UpdatedJan. 2022 2 DATE IMMIDD/YYYY) 03/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL[ER. 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 ISSulNG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Conservation United Pa Box 759 Higley 4285236 coNTAcT Sandra NennaNAME: I I Pl 'A ION IC, IEol=x, (855)570-2797 I.A,,o',"', (602)388-8110 E. Al HAI IDR LEsS, sandta@insuranceunited.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Indemnity Ins Co 18058 INSURED San Jose Conservation Corps & Charter School 1560 Berger Drive SanJose CA95112 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSuRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E>:CLLlSIONS AND CONDITIONS OF SUCH POLICIE 3. LIMITS SHOWN MAY HAVE BEEN REDtJCED BY PAID CI_AIMS. INSR LTR TYPE OF INSURANCE AUUL INSD SClk WVD POLICY NUMBER POLICY EFF IMM/DD) POLICY EXP (MMIDD/YYYY)LIMITS A x ThcoMMcEuRi:A:x::N;R[xAl'AoB:c'upYYPHPK239663204/01/2022 04/01/2023 EACH OCCURRENCE $ 1 ,000,000 [)AMAGE TO RENTED PREMISES (Ea occurrence)$ 1,000,000 MED EXP (Any one person)$ 20,000 PERSONAL & M)V INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2koP:L1=C;: a .... @ LOC GENERAL AGGREGATE $ 2,000,000 PRODuCTS - COMPVOP AGG $ 2,000,000 Sexual Abuse Cov $ 1,000,000 A AUTOMOBILE LIABILITY gaxyquro OWNED rlschtouceo auros ONLY LJ quros HIRED l NON-OWNED at.nos ONLY LJ AUTOS ONLY Y Y PHPK2396632 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT (Ea accident)$ 1,000,000 B(X)ILY INJURY (Per person)$ BODILY INJURY (Pet accident)$ PROPERTY DAMAGE (Pet accldent)$ $ A x UMBRELLA LIAB EXCESS LIAR x OCCUR CLAIMS-MAnE PHuB808853 04/01/2022 04/01/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X RETENTIJN $ 101000 $ WORKERS COMPENSATION AND EMPLOYERSa LIABILITf y l N ":'i:Hg';:'o':S'x'c"u'A':g:EcuT"E @(Mandatory In NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below N {A Y ISRAuTE I I ER"- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Crime PHSD1694621 04/01/2022 04/01/2023 Per occurrence Deductible 1 ,000,000 10,000 DES(;RIPTION OF OPERATICINS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be a tached if more syiace is required} "This certificate represents coverage currently in effect and may or may not be in compliance with any written contract as this is limited to the information provided by the insured.a' The City, its City Council, boards and commissions, officers. employees, and volunteers are included as an additional insureds with respect to General Liability & Auto Liability. Waiver of Subrogation is included on General Liability and Auto Liability CERTIFICATE HOLDER CERTIFICATE NUMBER: 22/23 Liabilit'}REVISION NUMBER: CANCELLATION City of Cuperfino Office of Parks and Recreation City Hall 10300 Torre Avenue Cupertino CA95014 I 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 _:-'t--=-f . ,r'-t- _,, @1988-2015ACORDCORPORATION. Allrightsreserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK2396632 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERC)AL GENERAL LIABIL)TY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): AI status will be g'ranted if required by contract and certificate of insurance is filed with company. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage' or "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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - 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: 4. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shaff not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 @ Insurance Services Office, Inc., 2012 Page I of I POLICY NUMBER: PHPK2396632 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: Name of Person or Organization (Additional Insured): BLANKET PRIMARY & NON-CONTRIBUTORY STATUS APPLIES WHEN REQUIRED BY CONTRACT AND CERTIFICATE OF INSURANCE IS FILED WITH COMPANY. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage' or 'personal and advertising injury" arising out of or relating to your negligence in the performance of "your work' for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or 'occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION Ill - LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: PHPK2396632 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WOS will be granted if required by contract and certificate of insurance is filed with company. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Condltions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: PHPK2396632 PI-CA-001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Who is An Insured Board Members Newly Acquired Entities Designated Insured Lessor of Leased Autos Included Included Included Included 2 Cost of Bail Bonds $5,000 2 Reasonable Expenses - Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows)No deductible applies 3 Transportation Expenses I 5100 per day/E 33,000 maximum 3 Hired Auto Physical Damage - Loss of Use I 5100 perday/S i1,000 maximum 3 Hired Auto Physical Damag-e ACV or repair or replacement of the vehicle whichever is less 4 Personal Effects I 5500 4 Rental Reimbursement I ti100 per day/30 days 4 Accidental Discharge - Air Bag Amended - -4 Electronic Equipme-nt -$1000 5 Original Equipment Manufacturer Parts Replacement Included 5 Auto Loan / Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Occurrence Amended 6 Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subr-ogation Amended (as required by written contract)7 Unintentional Errors or Omissions Amended - -7 Mental Anguish - Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 @ 20al5 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (09/15) €. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II- LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": "1. Board Members - Board members (or their spouses) while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities - Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured - Any person or organization designated by the 'insured' is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos - The lessor of a "leased auto" is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your 'employees" or agents; or c. Any person, except the lessor or any 'employee' or agent of the lessor, operating a "leased auto" with the permission of any of the above. Any 'leased auto" in the.policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. The coverages provided under this endorsement apply to any "leased auto" in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the "leased auto," whichever occurs first. 'Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION If - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: Page 2 of 7 @ 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (09/15) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION El - LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury' to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to any manager or officer of your company. II, PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement. B. Glass Breakage SECTION Ill - PHY81CAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles is amended by adding the following: No deductible applies to "loss" to glass used in the windshield or windows. C. Transportation Expenses SECTION Ill- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportatlon Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a "loss' to a covered "auto." We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the 'loss" and ending, regardless of the policy's expiration, when the covered 'auto" is retumed to use or we pay for its "loss.' D. Hired Auto Physlcal Damage - Loss of Use The last sentence of SECTION Ill- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is deleted in its entirety and replaced with the followlng: However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000. Page 3 of 7 @ 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (09/15) E. Hired Auto Physical Damage SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any "auto" you lease, hire, rent or borrow from someone other than your "employees" or partners, or members of their household is a covered "auto" for each of your physical damage coverages. The most we will pay for any "loss" in any one "accident" is the ACV or the cost for repair or replacement of the vehicle, whichever is less. For each covered 'auto" our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage, F. Personal Effects Coverage SECTION Ill- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to $500 for "loss' to personal effects, which are: t Owned by an "insured"; and 2. In or on your covered "auto." This coverage applies only in the event of the total theft of your covered 'auto-" No deductible applies to this coverage. G. Rental Reimbursement SECTION Ill- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an 'auto" because of "loss' to a covered "auto." We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto." If "loss" results from the total theff of a covered "auto," we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item Ill. C. Transportation Expenses of this endorsement. H. Accidental Discharge - Airbag Coverage SECTION Ill - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception: Page 4 of 7 @ 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (09/al5) This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this COVerage. 1. Electromc Equipment Coverage The following supersedes anything to the contrary in SECTION Ill - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4. Exclusions 4.c. and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that Is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto' at the time of the 'loss" or the equipment is removable from a housing unit which is permanently installed in the covered 'auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto.' The most we will pay for all "loss" to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one 'accident" is the least of: a, The actual cash value of the damaged or stolen property at the time of the "loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or C. $1,000. This coverage will not apply if there is other insurance provided by this policy for the above- described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance. J. Original Equipment Manufacturer (OEM) Parts Replacement SECTION Ill - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include: However, if the covered "auto' has less than 20,000 miles on its odometer, then the following condition will apply: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan / Lease Gap Protection SECTION ill- PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following: 4. In the event of "loss' to a covered "auto" that is loaned or leased to an 'insured": a. The most we will pay for "loss" in any one 'accident' is the lesser of: Page 5 of 7 @ 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (09/15) (1 ) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for "total loss" will be the greater of: (1 ) The balance due under the terms of the lease or (oan, to which your "auto" is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a 'balloon loan"; or (2) Actual cash vaJue of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determlning actual cash value at the time of "loss.' c. Additional Definitions (1 ) "Total loss" for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with pertodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment, d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered "auto." In order for this coverage to apply, leased "autos" must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor. L. One Comprehensive Coverage Deductible SECTION Ill - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any "loss" resulting from a covered peril. For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period. Page 6 of 7 @ 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (09/15) Ill. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of "accident," claim, 'suit" or "loss,' you must give us, or our authorized representative, prompt notice of the 'accident" or "loss." Include: (1) How, when and where the 'accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or 'loss" applies only when the "accident" or "loss' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of 8ubrogation SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by.adding the following exception: However, we waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered 'auto" when you have assumed liability for such "bodily injury" or 'property damage" under an "insured contract.' C. Unintentional Errors or Omissions SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. DEFINITIONS A. Mental Anguish SECTION V - DEF1NIT10N8, C. "Bodily injury" is amended by adding the following: 'Bodily injury' also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7 of 7 @ 2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. DATE (MMIDD/'maY) 4/1/2022 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 REPRESENT ATIVE 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). PRODLICER (WC) Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 License#: 05B4249 CONT ACT NAME: Pi (A :8,"5o, EXtl: 925-934-8500 i (6:, Noj: 925-934-8278 €:i A[ jAiL-' - '= IDRESS: INSLIRER(S} AFFORDING COVERAGE NAIC# issuhen A : Cypress Insurance Company 10855 INSuRED SANJOSE-37 San Jose Conservation Corps and Charter School 4 560 Berger Drive San Jose CA 95'l12 INSURER El : INSURER C : INSURER D : INSLIRER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 598680329 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSuRED NAME[) ABOVE FOR THE POLICY PERIOD IN[)ICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLIMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSLIRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SLIBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE[) BY PAID CLAIMS. INSR LTR TfPE OF INSIIRANCE ADDL INSD SuElR WVD POLICY NLIMBER POLICY EFF iMMIDD/YYYY) POLICY EXP (MM{DD/'mtY)LIMITS COMMERCIAL GENERAL LIABILITY ICLAIMS-MADE € OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occunence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- I 4 'o'c' LJ JECT n LOC 10THER: GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ $ AuTOMOBiLE LIABILITY - ANY AtJTO OWNED SCHEDULE[)_ AUTOS ONLY LJ AUTOS HIRED n NON-OWNED_ AUTOS ONLY l_J AtlTOS ONLY COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY (Pet person)$ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB EXCESS LIAB OCCUR CIAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENT.ON $$ A WORKERS COMPENSATION AND EMPLOYERS! LIABILITY Y , N ANYPROPRIETOFUPARTNERIEXECtlTIVE rl OFFICERIMEMBEREXCLUDED? § (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y SAWC351652 4/i/2022 4/1/2023 " I S'B'TUTE I I ER"- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EAEMPLOYEE $1 ,000,000 E.L. DISEASE-POLICY LIMIT $1 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 Additional Remarks Schedule, may b Th attached If mori space Is required) Re: As Per Contract or Agreement on File with Insured. Waivers of Subrogation is included on Workers Compensation policy per the attached endorsements, if required. CERTIFICATE HOLDER CANCELLATION City of Cupertino Office of Parks and Recreation City Hall 10300 Torre Avenue Cupertino, CA 95014 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. M)THORIZED REPRESENT ATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wc 99 0410 C (Ed. 01-1 9) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description All CA Operations Waiver Premium (prior to adjustments) 13652.00 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: 04/0'l/2022 PolicyNo.: SAWC351652 Endorsement No.: Insured:Premium $ Insurance Company: Cypress Insurance Company Countersigned by WC 99 0410 C (Ed. 01-19) San Jose Conservation Corps Compost Site Attendants for 2023 Final Audit Report 2023-02-24 Created: By: Status: . Transaction ID: 2023-02-23 City of Cupertino (webmaster@cupertino.org) Signed CBJCHBCAABAARqXrfi5VQv9ZuCSA-7LADgkTEql mrlg "San Jose Conservation Corps Compost Site Attendants for 202 3" History '6 Document created by City of Cupertino (webmaster@cupertino.org) 2023-02-23 - 10:00:10 PM GMT- I P address: 35.229.54.2 P-> Document emailed to Julia Kinst 0uliak@cupertino.org) for approval 2023-02-23 - 10:02:17 PM GMT i@ Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2023-02-23 - I O:12:24 PM GMT - Time Source: server- IP address: 21 6.198.111.214 P-> Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-02-23 - 10:12:26 PM GMT ('@ Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-02-23 - 10:42:31 PM GMT - Time Source: server- IP address: 64.165.34.3 [?-> Document emailed to Dorsey A Moore (dmoore@sjcccs.org) for signature 2023-02-23 - 10:42:32 PM GMT 5 Email viewed by Dorsey A Moore (dmoore@sjcccs.org) 2023-02-23 - 1l :22:02 PM GMT- IP address: 66.249.84.236 !@ Document e-signed by Dorsey A Moore (dmoore@sjcccs.org) Signature Date: 2023-02-23 - 1l :22:23 PM GMT - Time Source: server- IP address: 207.140.44.210 [?-> Document emailed to christopherj@cupertino.org for signature 2023-02-23 - 11:22:24 PM GMT 'j6 Email viewed by christopherj@cupertino.org 2023-02-23 - 1l :22:52 PM GMT- IP address: 104.47.73.254 flowered by Adobe Acrobat Sign 4 Signer christopherj@cupertino.org entered name at signing aS Christopher D. 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Jensen (christopherj@cupertino.org) Signature Date: 2023-02-23 - 11 :23:31 PM GMT - Time Source: server- IP address: 136.24.22.194 [?-+ Document emailed to Ursula Syrova (she/her) (ursulas@cupertino.org) for signature 2023-02-23-11 :23:32 PM GMT 'e5 Email viewed by Ursula Syrova (she/her) (ursulas@cupertino.org) 2023-02-24 - 0:10:'18 AM GMT- IP address: 104.47.74.'l26 4 Document e-signed by Ursula Syrova (she/her) (ursulas@cupertino.org) Signature Date: 2023-02-24 - 0:16:28 AM GMT - Time Source: server- IP address: 98.45.194.62 [?-> Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-02-24 - 0:16:29 AM GMT '6 Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-02-24 - 0:30:08 AM GMT- IP address: 104.47.73.254 4 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-02-24 - 0:30:17 AM GMT - Time Source: server- IP address: 67.'l88.176.248 @ Agreement completed. 2023-02-24 - 0:30:17 AM GMT Powerm by Adobe Acrobat Sign