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24-006 Charles E. Jones dba Jones Enterprises for Leading and Managing Meetings
Leading and Managing Meetings Page 1 of 9 Professional/Consulting Contracts /Version: January 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Charles E. Jones Jr. dba Jones Enterprises (“Contractor”), a Sole Proprietor for Leading and Managing Meetings, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on December 31, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by December 31, 2024. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 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. Leading and Managing Meetings Page 2 of 9 Professional/Consulting Contracts /Version: January 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $10,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 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. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 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. 5.4 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. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited Leading and Managing Meetings Page 3 of 9 Professional/Consulting Contracts /Version: January 2024 to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third 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. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 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 this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 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 property 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. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized 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 may use 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 City projects. Leading and Managing Meetings Page 4 of 9 Professional/Consulting Contracts /Version: January 2024 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work 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 final payment. 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 Act, California 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 nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor 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: Leading and Managing Meetings Page 5 of 9 Professional/Consulting Contracts /Version: January 2024 (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving 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 limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed 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, or a purchase order, or other transaction. 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 this 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 This 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 terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General 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. Leading and Managing Meetings Page 6 of 9 Professional/Consulting Contracts /Version: January 2024 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 comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination 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 Government 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 discrimination 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 this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this 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 Government 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. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Pamela Wu as the City’s representative for all purposes under this 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 Charles "Chappie" Jones 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 update 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. Leading and Managing Meetings Page 7 of 9 Professional/Consulting Contracts /Version: January 2024 15. ABANDONMENT OF PROJECT 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 may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. 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 supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES 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 party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries 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 breach 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 Parties, 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 term, 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. Leading and Managing Meetings Page 8 of 9 Professional/Consulting Contracts /Version: January 2024 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. HEADINGS 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 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 survive 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 a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Pamela Wu Email: PamelaW@cupertino.org To Contractor: Charles E. Jones Jr. dba Jones Enterprises 1005 Whiteoak Drive San Jose, CA 95129 Attention: Charles "Chappie" Jones Email: chappiejones@gmail.com Leading and Managing Meetings Page 9 of 9 Professional/Consulting Contracts /Version: January 2024 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. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Charles "Chappie" Jones (Jan 16, 2024 17:34 PST) Charles "Chappie" Jones Charles "Chappie" Jones Owner 01/16/2024 Christopher D. Jensen (Jan 16, 2024 17:41 PST) Christopher D. Jensen Pamela Wu City Manager 01/16/2024 01/16/2024 EXHIBIT A Scope of Work Contractor shall provide the Services and Deliverable(s) as follows: a) Provide advice on leading meetings and meeting management, time management, roles of elected oiffcials within a mayor-council form of government, managing public comments, policy work vs administrative work, working with staff, working with the City Manager, and working with the City Attorney b) Contractor will provide necessary materials to perform the duties outlined in section a) on an as needed basis. EXHIBIT B Schedule of Performance The Services shall commence upon execution of the agreement and shall continue through December 31, 2024. EXHIBIT C Cost Summary The total value for the Services pursuant to this SOW shall not exceed $10,000. This figure is based on 50 hours of professional services charged at a $200 hourly rate. Invoices shall include a description of the services being invoiced and provide any supporting documentation, if applicable. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this 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 that any available insurance proce eds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non -contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 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 cov erage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 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 or disease. ◻ Not required. Consultant has provided written verification of no employees. 4. Professional Liability 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. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form 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. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self -insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self -insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right t o demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOS NON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (201/0) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Charles E Jones Jr DBA Jones Enterprises 1005 White Oak Dr San Jose, CA 95129 THE CITY OF CUPERTINO ITS CITY COUNSEL OFFICERS, OFFICALS,EM PLOYEES,AGENTS, SERVANTS AND VOLUNTEERS 10300 TORRE AVE CUPERTINO, CA 95014 01/01/202501/01/2024P102.753.903.1Y CGL is on BOP Form X A X X X Each Claim: $ 2,000,000 Aggregate: $ 2,000,000 Professional LiabilityA 01/01/202501/01/2024P102.753.902.1Y 2,000,000 0 10,000 2,000,000 2,000,000 2,000,000 12/20/2023 ACORD® I ~ I f--□ □ f-- f-- Fl □ □ f-- f--~ f--f-- f--f-- f--H I I I I I □ I Revised 2.06.23 Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of . I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino’s contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers’ Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this ____day of ____________, 20____, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE Charles "Chappie" Jones (Jan 16, 2024 17:34 PST) Charles "Chappie" Jones Jones Enterprises 16th January 24 San Jose Charles "Chappie" Jones A Guide To Your Professional Liability Policy © Hiscox Inc. 2010 Page 1 The following is a guide to your Professional Liability policy. We have identified several key coverage items along with the limits and deductibles you have selected. To make it easier, we have also added a brief explanation of those items. We want you to feel confident about your new policy. If any of the information below is incorrect or if you have any questions, please contact one of our advisors at 844-357-0840 (Mon-Fri, 7am-10pm ET) or manage your policy at: www.hiscox.com/ manage-your-policy. Your business details Name:Charles E Jones Jr Business name:Charles E Jones Jr DBA Jones Enterprises Address:1005 White Oak Dr City:San Jose State:CA Zip code:95129 Occupation:Management consulting Telephone number:408-406-2501 Email address:chappiejones@gmail.com Your Professional Liability Policy Policy number:P102.753.902.1 Policy effective dates: This determines the time period during which your coverage applies. From: To: January 1, 2024 January 1, 2025 Total cost of policy:$560.00 Your limits explained Each claim limit The total amount we will pay for damages, claim expenses (e.g. defense costs), and supplemental payments for each claim. $2,000,000 Aggregate limit The total amount we will pay for damages, claim expenses (e.g. defense costs), and supplemental payments during the policy period. $2,000,000 Deductible The amount your business must pay (per claim) before we will make any payment under the policy. This does not apply to supplemental payments. $500 ~·~ HISCOX encourage courage· © Hiscox Inc. 2010 Page 2 Other policy information 14 Day full refund Be confident that you have made the right choice. We give you 14 days to review your policy. If you are not satisfied and have not had any claims or losses, you can cancel your policy back to its start date and receive a full refund. Notice of claim If you have a claim, please call us at 866-424-8508. You may also e-mail us at reportaclaim@hiscox.com What does my Professional Liability Policy cover? For a summary showing examples of what you are and are not covered for, please read the Coverage Summary document. This guide does not modify the terms and conditions of your policy, which are contained in your policy documents, nor does it imply any claim is covered or not covered. We recommend that you read your policy documents to learn the details of your coverage. Hiscox Insurance Company Inc. Your Insurance Documents Enclosed you will find the policy documents that make up your insurance contract with us. Please read through all of these documents. If you have any questions or need to update any of your information please call us at 844-357-0840 (Mon-Fri, 7am-10pm ET). Your insurance documents Declarations Page This contains specific policy information, such as the limits and deductibles you have selected. Policy Wording This details the terms and conditions of your coverage, subject to policy endorsements. Endorsements These documents modify the Policy Wording or Declarations Page. These include relevant terms and conditions as required by your state and are part of your policy. Notices These documents provide information that may affect your coverage such as optional terrorism coverage (if purchased) and other important items required by your state. Application Summary This is a summary of the information that you provided to us as part of your application. Please review this document and let us know if any of the information is incorrect. Reporting a claim Please inform us immediately if you have a claim or loss to report. Please have your policy number available, which can be found on the declarations page, so we can handle your call quickly. Contact us via the methods below or file a claim using our online form at https://www.hiscox.com/manage-your-policy/claims-center. Email: reportaclaim@hiscox.com Phone: 866-424-8508 Mail:Hiscox Claims Center 5 Concourse Parkway Suite 2150 Atlanta, GA 30328 ~·~ HISCOX encourage courage· Declarations Page ~·~ HISCOX encourage courage· HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400 DPL D001 CW (11/19)Page 1 Professional Liability Errors & Omissions Insurance Declarations This is a "Claims Made and Reported" Policy in which Claim Expenses are included within the Limit of Liability unless otherwise noted. Those words (other than the words in the captions) which are printed in Boldface are defined in the Policy. Declaration Effective Date:January 1, 2024 Policy No.:P102.753.902.1 1.Named Insured:Charles E Jones Jr DBA Jones Enterprises 2.Address:1005 White Oak Dr San Jose, CA 95129 Email Address:chappiejones@gmail.com 3.A.Limit of Liability:$2,000,000 Each Claim 3.B.$2,000,000 Aggregate for all Claims 4.Deductible:$500 Each Claim 5.Notice:Phone: Email: Mail: 866-424-8508 reportaclaim@hiscox.com Hiscox 5 Concourse Parkway, Suite 2150 Attn: Direct Claims Atlanta GA, 30328 6.Policy period:From:January 1, 2024 To:January 1, 2025 At 12:01 A.M. (Standard Time) at the address shown above. 7.Retroactive Date:June 1, 1971 8.Premium:$560.00 9.Attachments: DPL D001 CW (11/19) - Professional Liability Errors & Omissions Insurance Declarations DPL P001 CW (05/13) - Professional Liability Coverage Form DPL E5424 CW (02/15) - Blanket Additional Insured Endorsement DPL E5018 CW (08/15) - Management/Business Consulting Services Endorsement DPL E5102 CA (01/10) - California Amendatory Endorsement DPL E1901 CW (08/21) - Cyber Incidents Exclusion Endorsement DPL E1919 CW (03/23) - War, Civil War, Cyberwarfare, and NCBR Exclusion Endorsement DPL E1918 CW (03/23) - Cannabis Exclusion Endorsement INT N003 CW (01/19) - Policyholder Notice Electronic Delivery INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice ~·~ HISCOX encourage courage· I I HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400 DPL D001 CW (11/19)Page 2 IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative. President Secretary Authorized Representative Date: January 1, 2024 ~·~ HISCOX encourage courage· Policy Wording ~·~ HISCOX encourage courage· © Hiscox Inc. All rights reserved. DPL P001 CW (05/13) PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS INSURANCE ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 2 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS ABOUT THIS POLICY The Hiscox Professional Liability – US Direct policy is designed to offer coverage for the risks entities face in performing their Professional Services. We urge You to read this Policy carefully so You understand the insurance that You have purchased, and the full extent of Your and Our rights and duties under this Policy. Please note that all words and phrases that appear in bold-type (except headings) have special meaning and are defined in the Definitions section of this Policy. Coverage for all Claims is subject to the entire terms and conditions of the policy. Coverage for Claims Made Against You You have purchased insurance that provides coverage for Claims made against You. We will pay Damages on Your behalf for any Claim that falls within the Insuring Agreement and within all of the terms and conditions outlined in the policy. Covered Claims are for Your Wrongful Acts in providing or failing to provide Professional Services. To determine who is an Insured please refer to the Definitions and Spousal and Domestic Partner section of the policy. Additionally, for coverage to apply, You must comply with all Your obligations as outlined in the Notice of Claims, Notice of Potential Claims, and the rest of the policy. The most We will pay is outlined in the Limits of Liability Section and items We will not pay are outlined in the Exclusions section. You are responsible for payments as outlined in the Deductible section. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 3 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS In consideration of the premium charged and in reliance on the statements made and information provided to Us, including but not limited to the statements made and information provided in and with the Application, which is made a part of this Policy, as well as subject to the Limits of Liability, the Deductible and all of the terms, conditions, limitations and exclusions of this Policy, We and You agree as follows: I. INSURING AGREEMENT, DEFENSE AND SETTLEMENT A. INSURING AGREEMENT We shall pay on Your behalf Damages and Claim Expenses in excess of the Deductible resulting from any covered Claim that is first made against You during the Policy Period and reported to Us pursuant to the terms of the Policy for Wrongful Acts committed on or after the Retroactive Date. We shall also pay on Your behalf all Supplemental Payments in connection with any covered Claim that is first made against You during the Policy Period and reported to Us pursuant to the terms of the Policy for Wrongful Acts committed on or after the Retroactive Date. No Deductible shall apply to Supplemental Payments. B. DEFENSE 1. We shall have the right and the duty to defend any covered Claim, even if such Claim is groundless, false or fraudulent. 2. We shall have the right to appoint defense counsel upon being notified of such Claim. 3. Notwithstanding paragraph 2., We shall have no obligation to pay Claim Expenses until You have satisfied the applicable Deductible. 4. Our duty to defend shall terminate upon the exhaustion of the Limit of Liability as set forth in Item 3. of the Declarations. C. SETTLEMENT 1. We shall have the right to solicit and negotiate settlement of any Claim. 2. We shall not, however, enter into a settlement without Your prior consent, which consent shall not be unreasonably withheld. 3. If You shall refuse to consent to any settlement recommended by Us, Our liability for such Claim shall not exceed the amount for which such Claim could have been settled plus Claim Expenses incurred up to the date of such refusal. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 4 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS II. NOTICE OF CLAIMS AND NOTICE OF POTENTIAL CLAIMS A. NOTICE OF CLAIMS 1. As a condition precedent to any coverage under this Policy, You shall give written notice to Us of any Claim as soon as practicable, but in all events no later than: a. the end of the Policy Period (or any purchased Optional Extended Reporting Period); or b. 60 days after the end of the Policy Period (or any purchased Optional Extended Reporting Period) so long as such Claim is made within the last 60 days of such Policy Period (or any purchased Optional Extended Reporting Period). 2. Such notice shall be sent to Us at the address set forth in Item 5. of the Declarations. 3. Such notice shall include any and all documents related to such Claim, including every demand, notice, summons or other applicable information received by You or by Your representative. B. NOTICE OF POTENTIAL CLAIMS If You first become aware during the Policy Period of any Wrongful Act that might be reasonably likely give rise to a covered Claim, You may give written notice to Us of such potential Claim during the Policy Period. Such notice must include to the fullest extent possible: 1. the identity of the potential claimant; 2. the identity of the person(s) who allegedly committed the Wrongful Act; 3. the date of the alleged Wrongful Act; 4. specific details of the alleged Wrongful Act; and 5. any written notice from the potential claimant describing the Wrongful Act. If such notice is accepted as a “potential Claim,” then any actual Claim that is subsequently made shall be deemed to have been first made on the date such “potential Claim” was first reported to Us. Provided, however, You may not report “potential Claims” during any purchased Optional Extended Reporting Period. C. OPTIONAL EXTENDED REPORTING PERIOD 1. If We or the Named Insured cancel or non-renew this Policy (as described by Endorsement hereto), then the Named Insured shall have the right to purchase for an additional premium an Optional Extended Reporting Period. Provided, ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 5 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS however, the right to purchase an Optional Extended Reporting Period shall not apply if: a. this Policy is canceled by Us for nonpayment of premium (as described by Endorsement hereto); or b. the total premium for this Policy has not been fully paid. 2. The Optional Extended Reporting Period will apply only to Claims that: a. are first made against You and reported to Us during such Optional Extended Reporting Period; and b. are for Wrongful Acts committed on or after the Retroactive Date but prior to the effective date of cancellation or non-renewal (as described by Endorsement hereto). 3. The additional premium for such Optional Extended Reporting Period shall not exceed 200% of the annualized expiring premium for an Optional Extended Reporting Period of 3 years. The additional premium for such Optional Extended Reporting Period shall be fully earned at the inception of such Optional Extended Reporting Period. 4. Notice of election and full payment of the additional premium for the Optional Extended Reporting Period must be received within 30 days after the effective date of cancellation or non-renewal (as described by Endorsement hereto). In the event the additional premium is not received within the 30 days, any right to purchase the Optional Extended Reporting Period shall lapse and no further Optional Extended Reporting Period shall be offered. The Limits of Liability applicable during any purchased Optional Extended Reporting Period shall be the remaining available Limits of Liability under this canceled or non-renewed Policy (as described by Endorsement hereto). There shall be no separate or additional Limit of Liability available for any purchased Optional Extended Reporting Period and the purchase of any Optional Extended Reporting Period shall in no way increase the Limit of Liability set forth in Item 3. of the Declarations. III. EXCLUSIONS This Policy does not apply to and We shall have no obligation to pay any Damages, Claim Expenses or Supplemental Payments for any Claim: A. based upon or arising out of any actual or alleged fraud, dishonesty, criminal conduct, or any knowingly wrongful, malicious, or intentional acts or omissions; provided, however, that: 1. We will pay Claim Expenses until there is a final adjudication establishing such conduct, at which time You shall reimburse Us for such Claim Expenses; and 2. this exclusion shall not apply to otherwise covered intentional acts or omissions resulting in a Personal Injury. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 6 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS B. based upon or arising out of any actual or alleged gaining of any profit or advantage to which You were not legally entitled. C. based upon or arising out of any actual or alleged wrongful termination, retaliation or discrimination against or harassment of any past, present, future or potential Employee, including but not limited to any violations of federal, state or local statutory or common law. D. based upon or arising out of any actual or alleged Wrongful Act that: 1. was committed prior to the Retroactive Date; 2. has been the subject of any notice given under any other policy of which this Policy is a renewal or replacement; or 3. You had knowledge of prior to the Policy Period and had a reasonable basis to believe that such Wrongful Act could give rise to a Claim; provided, however, that if this Policy is a renewal or replacement of a previous policy issued by Us providing materially identical coverage, the Policy Period referred to in this paragraph will be deemed to refer to the inception date of the first such policy issued by Us. E. brought by or on behalf of any federal, state or local government agency or professional or trade licensing organization; provided, however, this exclusion shall not apply to claims brought in their capacity as a client receiving Your Professional Services. F. brought by or on behalf of one Insured against another Insured. G. brought by or on behalf of any person or entity maintaining Effective Control of You. H. based upon or arising out of any actual or alleged violation of the following laws, including any similar provisions of any federal, state or local statutory or common law: 1. the Securities Act of 1933 (as amended); 2. the Securities Exchange Act of 1934 (as amended); 3. any state blue sky or securities laws (as amended); 4. the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (as amended); 5. the Employee Retirement Income Security Act of 1974 (as amended); including any rules or regulations promulgated thereunder. I. based upon or arising out of any actual or alleged obligation under any Workers’ Compensation, Unemployment Compensation, Employers Liability or Disability Benefit Law, including any similar provisions of any federal, state or local statutory or common law. J. based upon or arising out of any actual or alleged liability of others that You assume under any contract or agreement unless such liability would have attached in the absence of such contract or agreement. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 7 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS K. based upon or arising out of any actual or alleged Bodily Injury or Property Damage. L. based upon or arising out of any actual, alleged or threatened discharge, dispersal, release or escape of Pollutants, including any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. M. based upon or arising out of any actual or alleged infringement of any copyright, trademark, trade dress, trade name, service mark, service name, title, slogan or patent or theft of trade secret. N. based upon or arising out of any actual or alleged false or deceptive advertising of Your goods or services or misrepresentation in advertising of Your goods or services, including but not limited to any wrongful description of prices of Your goods or services or the quality or performance of Your goods or services. O. based upon or arising out of any actual or alleged breach of contract or breach of any implied or express warranty or guarantee; provided, however, this Exclusion shall not apply to: 1. any obligation you have to perform your Professional Services with reasonable skill or care; or 2. any liability You would have had in absence of such contract, warranty or guarantee. P. based upon or arising out of any actual or alleged violation of any federal, state or local statutes, ordinances or regulations regarding or relating to unsolicited telemarketing, solicitations, emails, faxes or any other communications of any type or nature, including but not limited to any “anti-spam” and “do-not-call” statutes, ordinances, or regulations. Q. based upon or arising out of any actual or alleged failure to procure or maintain adequate insurance or bonds. R. based upon or arising out of any actual or alleged failure to protect any non-public, personally identifiable information in Your care, custody or control. S. based upon or arising out of any actual or alleged actuarial services, medical or nursing services, insurance agent/broker services, legal services or services as an architect or engineer. IV. LIMITS OF LIABILITY, DEDUCTIBLE AND RELATED CLAIMS A. LIMIT OF LIABILITY ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 8 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS Regardless of the number of Claims made during the Policy Period (or applicable Extended Reporting Period), the maximum that We shall be liable to pay for all covered Damages, Claim Expenses and Supplemental Payments shall be as follows: 1. The amount set forth in Item 3.A. of the Declarations as “Each Claim” shall be the maximum amount for each covered Claim. 2. The amount set forth in Item 3.B. of the Declarations as “Aggregate for all Claims” is the maximum amount for all Claims combined. 3. Notwithstanding 1. and 2. above, Our liability for Supplemental Payments shall not exceed $250 per day for each Insured up to $5,000 per Claim, which amounts shall reduce the amounts described in 1. and 2. above. B. DEDUCTIBLE 1. We shall not be responsible for payment of Damages or Claims Expenses until the Deductible amount has been satisfied. 2. We may at Our discretion advance payment of Damages or Claims Expenses within the Deductible amount on Your behalf, but You shall reimburse Us for any such amounts as soon as We request such reimbursement. 3. No Deductible amount shall apply to Supplemental Payments. C. RELATED CLAIMS For purposes of the applicable Deductible and Limit of Liability, all Claims based upon or arising out of continuous, repeated, related or interrelated Wrongful Acts shall be considered a single Claim first made against You in the Policy Period the first such Claim was made. V. OTHER MATTERS AFFECTING COVERAGE A. ESTATES, HEIRS, LEGAL REPRESENTATIVES, SPOUSES & DOMESTIC PARTNERS This Policy shall apply to Claims brought against: 1. the heirs, executors, administrators, trustees in bankruptcy, assignees and legal representatives of any Insured in the event of such Insured’s death or disability; or 2. the legal spouse or legal domestic partner of any Insured; but only: 1. for the Wrongful Acts of such Insured; or ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 9 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS 2. in connection with their ownership interest in property which the claimant seeks as recovery for actual or alleged Wrongful Acts of such Insured. B. INSURED DUTY TO COOPERATE You shall have the duty to cooperate with Us in the defense, investigation and settlement of any Claim, including but not limited to: 1. upon request, submit to examination and interrogation under oath by Our representative; 2. attend hearings, depositions and trials as requested by Us; 3. assist in securing and giving evidence and obtaining the attendance of witnesses; 4. provide written statements to Our representative and meet with such representative for the purpose of investigation and/or defense; and 5. provide all documents We may reasonably require. C. INSURED OBLIGATION NOT TO INCUR EXPENSE OR ADMIT LIABILITY You shall not, except at Your own cost, make any payment, incur any expense, admit any liability, settle any Claim or assume any obligation without Our prior consent. D. ACTION AGAINST THE INSURER No action shall be taken against Us unless: 1. You have complied fully with all the terms and conditions of this Policy; and 2. the amount of Your obligation to pay shall have been finally determined either by judgment against You after actual trial, or by written agreement between You, Us and the claimant. No person or organization shall have any right under this Policy to join Us as a party to any Claim against You nor shall We be impleaded by You or Your legal representatives in any such Claim. E. OTHER INSURANCE This Policy shall be excess insurance over any other valid and collectable insurance available to You, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written only as a specific excess insurance over the Limit of Liability provided in this Policy. F. SUBROGATION 1. In the event of any payment by Us under this Policy, We shall be subrogated to all of Your rights of recovery to such payment. 2. You shall do everything that may be necessary to secure and preserve such subrogation rights, including but not limited to the execution of any documents necessary to allow Us to bring suit in Your name. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 10 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS 3. You shall do nothing to prejudice such subrogation rights without first obtaining Our written consent. 4. Any recovery shall first be paid to Us up to the amount of any Damages, Claim Expenses or Supplemental Payments that We have paid. Any remaining amounts shall be paid to You. 5. Notwithstanding the above, no subrogation shall be had against any Insured. G. ALTERATION AND ASSIGNMENT No change in, modification of or assignment of interest under this Policy shall be effective unless made by written endorsement to this Policy signed by Our authorized representative. H. REPRESENTATIONS As a condition precedent of Our obligations under this Policy, You represent that: 1. the statements and representations made by You in the Application are true and are the basis of the Policy and are to be considered as incorporated into and constituting a part of this Policy; 2. the statements and representations made by You in the Application shall be deemed material to the acceptance of the risk assumed by Us under the Policy; 3. this Policy is issued in reliance upon the truth of the statements and representations made by You in the Application; and 4. in the event the Application contains misrepresentations which materially affect the acceptance of the risk assumed by Us under this Policy, this Policy shall be void ab initio. I. BANKRUPTCY OR INSOLVENCY Your bankruptcy or insolvency shall not relieve Us of any of Our obligations under this Policy. J. TERRITORY This Policy shall apply to Wrongful Acts committed anywhere in the world, provided that any action, arbitration, or other proceeding for, in relation to, or arising from the Claim is brought within the United States, its territories or possessions, or Canada. K. FALSE OR FRAUDULENT CLAIMS If any Insured shall commit fraud in proffering any Claim or regarding the amount or otherwise, this Insurance shall become void as to such Insured from the date such fraudulent claim is proffered. L. NAMED INSURED RESPONSIBILITIES ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 11 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS It shall be the responsibility of the Named Insured to act on behalf of all other Insureds with respect to the following: 1. giving and receiving notice of cancellation and/or non-renewal (as described by Endorsement hereto); 2. payment of premium 3. receipt of return premiums; 4. acceptance of changes to this Policy; and 5. payment of Deductibles. M. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit Your books and records as they related to this Policy at any time during the Policy Period (or any purchased Optional Extended Reporting Period) or up to three years after the end of the Policy Period (or any purchased Optional Extended Reporting Period). N. TITLES Titles of sections of and endorsements to this Policy are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate. VI. DEFINITIONS A. Application means the signed application for the Policy, whether submitted on-line, over the phone or on paper, including any attachments and other materials or statements submitted in conjunction therewith. If this Policy is a renewal or replacement of a previous policy or policies issued by Us, Application shall also include all signed applications and other materials that were submitted therewith and attached thereto. B. Bodily Injury means physical injury to or sickness, disease or death of a person, or mental injury, mental anguish, emotional distress, pain or suffering, or shock sustained by a person. C. Claim means any written demand for Damages or for non-monetary relief. D. Claim Expenses means the following that are incurred by Us or by You with Our prior written consent: 1. all reasonable and necessary fees, costs and expenses (including the fees of attorneys and experts) incurred in the investigation, defense and appeal of a Claim; and 2. premiums on appeal bonds, attachment bonds or similar bond. Provided, however, We shall have no obligation to apply for or furnish any such bonds. Claim Expenses shall not mean and We shall not be obligated to pay: 1. salaries, wages or expenses other than Supplemental Payments; or ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 12 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS 2. the defense of any criminal investigation, criminal grand jury proceeding, or criminal action. E. Damages means a monetary judgment or monetary award that You are legally obligated to pay (including pre- or post-judgment interest) or a monetary settlement negotiated by Us with Your consent. Damages shall not mean and We shall not be obligated to pay: 1. fines, penalties, taxes, sanctions levied against You; 2. any punitive or exemplary damages or that portion of any multiplied damages award which exceeds the damage award so multiplied, provided, however, that, if such damages are otherwise insurable under applicable law and regulation, We will pay an award of punitive or exemplary damages in excess of the Deductible and up to a maximum sum of $250,000. This limit shall be a part of and not in addition to the Limit of Liability set forth in Items 3. of the Declarations; 3. the return, reduction or restitution of Your fees, commissions, profits, or charges for goods provided or services rendered, including any over-charges or cost over-runs; 4. liquidated damages; or 5. Your cost of complying with injunctive relief. F. Effective Control means: 1. ownership of more than 50% of the issued and outstanding voting securities; or 2. having the right pursuant to written contract, by-laws, charter, operating agreement or similar documents to elect, appoint or designate a majority of the board of directors, management committee members of a partnership or the members of the management board of a limited liability company (or equivalent management structure). G. Employee means any past, present or future: 1. employee (including any part-time, seasonal or temporary employee or any volunteer); 2. partner, director, officer, member or board member (or equivalent position); 3. independent contractor; or 4. leased worker; of an Organization, but only in their performance of Professional Services on behalf of or at the direction of such Organization. H. Insured means You or Your. I. Named Insured means the individual, corporation, partnership, limited liability company, limited partnership, or other entity set forth in Item 1 of the Declarations. J. Optional Extended Reporting Period means any applicable Optional Extended Reporting Period contemplated by the OPTIONAL EXTENDED REPORTING PERIOD Clause. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 13 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS K. Organization means the Named Insured and any Subsidiary. L. Personal Injury means injury, other than Bodily Injury, arising out of one of more of the following offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution; 3. wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of premises; 4. slander, libel, defamation or disparagement of goods, products or services; or 5. oral or written publication of material in connection with Your advertising that violates a person’s right of privacy. M. Policy Period means the period of time set forth in Item 6. of the Declarations. N. Pollutants means any solid, liquid, gaseous, biological, radiological or thermal irritant or contaminant, including smoke, vapor, dust, fibers, mold, spores, fungi, germs, soot, fumes, acids, alkalis, chemicals and Waste. “Waste” includes, but is not limited to, materials to be recycled, reconditioned or reclaimed and nuclear materials. O. Professional Services means only those services specified in Endorsement to this Policy as performed by or on behalf of an Organization for others for a fee or other compensation. P. Property Damage means physical loss of or physical damage to or destruction of any tangible property, including the loss of use thereof. For purposes of this definition, “tangible property” shall not include electronic data. Q. Retroactive Date means the date set forth in Item 7. of the Declarations. R. Subsidiary means: 1. any entity of which the Named Insured has Effective Control (“Controlled Entity”) on or before the Policy Period, either directly or indirectly through one or more Controlled Entities; 2. any entity of which the Named Insured forms or acquires Effective Control during the Policy Period, either directly or indirectly through one or more Controlled Entities, but only for the first 90 days after such formation or acquisition (or until the end of the Policy Period, whichever is earlier). Provided, however, with respect to a Subsidiary described in paragraph 2. of this definition, We shall only cover Claims alleging Wrongful Acts committed while the Named Insured had Effective Control of such Subsidiary, either directly or indirectly through one or more Controlled Entities. An entity ceases to be a Subsidiary once the Named Insured no longer has Effective Control of such entity, either directly or indirectly through one or more Controlled Entities, and this Policy will not respond to Claims made against such entity thereafter. ~'~ HISCOX DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 14 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS S. Supplemental Payments means the reasonable expenses incurred by You, including loss of wages, if You are required by Us to attend arbitration proceedings or trial in the defense of a covered Claim. T. We, Us, Our or Insurer means the insurance company set forth in the Declarations. U. Wrongful Act means any actual or alleged breach of duty, negligent act, error, omission or Personal Injury committed by You in the performance of Your Professional Services. V. You or Your means any: 1. Organization; 2. Employee; 3. joint venture in which an Organization participates pursuant to written agreement, but only for: a. Wrongful Acts committed by such Organization; and b. the percentage of otherwise covered Damages and Claims Expenses in proportion to such Organization’s participation in the joint venture. ~'~ HISCOX Endorsements ~·~ HISCOX encourage courage· Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: DPL E5424 CW (02/1)Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 E5424.1 Blanket Additional Insured Endorsement (PL) In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1. In Clause VI. DEFINITIONS, paragraph V., “’You’ or ‘Your’,”is amended to include the following at the end thereof: You or Your shall also include any Additional Insured but only for the Wrongful Acts of those contemplated in paragraphs 1., 2. or 3. of the definition of ”’You’ or ‘Your’”: 2. The following definition is added to Clause VI. DEFINITIONS: AI-A.Additional Insured means any person(s) or organization(s) with whom You have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Policy, provided the contract or agreement: 1. is currently in effect or becomes effective during the Policy Period; and 2. was executed before the Professional Services from which the Claim arises were performed. 3. In Clause III.EXCLUSIONS, paragraph F. is deleted in its entirety and replaced with the following: F. brought by or on behalf of one Insured against another Insured; provided, however, this Exclusion will not apply to any Claim brought by an Additional Insured in any capacity other than that of an Additional Insured. All other terms and conditions remain unchanged. P102.753.902.1 Charles E Jones Jr DBA Jones Enterprises 1 01/01/2024 ~'~ HISCOX Hiscox Insurance Company Inc. Endorsement 2 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Management/Business Consulting Services Endorsement Page 1 of 2 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.In Clause VI. DEFINITIONS, paragraph O., “Professional Services,” is amended to read as follows: O.Professional Services means management consulting and/or business consulting services performed for others for compensation, including but not limited to: i.advising on general business operations, strategy, organizational structure, human resources, marketing and sales campaigns, systems or ecological/” green” issues; and ii.project management. 2.Clause VI. DEFINITIONS is amended to include the following at the end thereof: MC-A.Employee Benefit Plan means any plan created or maintained by an employer or employee organization for the benefit of its employees, directors, partners, trustees, or officers, including but not limited to pension plans and employee welfare plans. 3.Clause III. EXCLUSIONS is amended to include the following at the end thereof: MC-A.based upon or arising out of any actual or alleged commingling of or inability or failure to safeguard funds. MC-B.based upon or arising out of any actual or alleged compilation of audited financial statements. MC-C.based upon or arising out of the performance of or failure to perform audit attestation services. MC-D.based upon or arising out of the performance of any services in connection with mergers and/or acquisitions. MC-E.based upon or arising out of the performance of any services in connection with the valuation of any entity or tangible or intangible property. MC-F.based upon or arising out of any actual or alleged promise, warranty, or guarantee of the future value of any real or personal property. MC-G.based upon or arising out of any actual or alleged insolvency, receivership, bankruptcy, liquidation, or financial inability of any Employee Benefit Plan or insurance company. MC-H.based upon or arising out of any actual or alleged sale of any Employee Benefit Plan. MC-I.based upon or arising out of any actual or alleged performance or failure to perform investment advisory services, including but not limited to the following: 1.the selection of any investment manager, investment advisory, custodial, or similar firm; 2.the promise or guarantee of the future performance of value of investments, or rate of return or interest; 3.the fluctuation in the value of any security; 4.any failure of investments to perform as expected or desired; or 5.acting as an investment advisor as defined in Section 202(11) of the Investment Advisors Act of 1940. ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 2 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Management/Business Consulting Services Endorsement Page 2 of 2 MC-J.based upon or arising out of Your performance of or failure to perform Professional Services in connection with the following industries, fields, or activities: 1.actuarial advice; 2.aerospace consulting or advice; 3.architecture or engineering advice; 4.construction management or advice; 5.credit counseling; 6.environmental consulting or advice; 7.financing or financial auditing; 8.general contracting; 9.home/physical inspection services; 10.insurance placement or advice; 11.investment or tax advice; 12.land acquisition; 13.law enforcement training; 14.legal advice or the practice of law; 15.lobbying and/or political advice; 16.medical advice or the practice of medicine; 17.mining consulting or advice; 18.oil, gas, or petroleum consulting or advice; 19.physical installation services; 20.property management; 21.repossession services; 22.safety consulting or advice; 23.Your sale of any goods or products; or 24.staffing/placement services. All other terms and conditions remain unchanged. Endorsement effective:January 1, 2024 Policy No.:P102.753.902.1 Endorsement No:2 By: Kevin Kerridge (Appointed Representative) DPL E5018 CW (08/15) ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 3 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises California Amendatory Endorsement Page 1 of 3 This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY - ERRORS AND OMISSIONS INSURANCE In consideration of the premium charged, it is understood and agreed that the Policy is modified as follows: 1.Section V. OTHER MATTERS AFFECTING COVERAGE is amended to include the following at the end thereof: CANCELLATION Notice of Cancellation A.The Named Insured may cancel this Policy by giving Us advance written notice stating when thereafter such cancellation shall be effective. If the Named Insured cancels this Policy, the refund may be less than pro rata. Provided, however, if this Policy shall be cancelled by the Named Insured within 14 days of the inception of the Policy Period without having submitted a Claim, We shall return in full any premium amount actually paid to Us. In such event, the effective date of cancellation shall be deemed to be the inception date of the Policy Period. B.Policies In Effect For 60 Days or Less If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy We have previously issued, We may cancel this Policy by mailing or delivering to the Named Insured at the mailing address shown in the Declarations and to the producer of record, if any, advance written notice of cancellation stating the reason for cancellation at least : Ten (10) days before the effective date of cancellation if We cancel for: (a)Non-payment of premium; or (b)Discovery of fraud by: i.The Insured or the Insured's representative in obtaining this insurance; or ii.The Insured or the Insured's representative in pursuing a Claim under the Policy. Thirty (30) days before the effective date of cancellation if We cancel for any other reason. C.Policies In Effect For More Than 60 Days If this Policy has been in effect for more than sixty (60) days, We may also cancel this Policy by mailing or delivering to the Named Insured at the address shown in the Declarations, the producer of record, if any, written notice, including the reason for cancellation, stating when not less than thirty (30) days thereafter (or ten (10) days thereafter when cancellation is due to non-payment of premium or discovery of fraud), the cancellation shall be effective. We may only cancel this Policy for one or more of the following reasons: (a)Nonpayment of premium, including payment due on a prior policy issued by Us and due during the current policy term covering the same risks; (b)Discovery of fraud or material misrepresentation by: i.The Insured or the Insured's representative in obtaining this insurance; or ii.The Insured or the Insured's representative in pursuing a Claim under the Policy. ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 3 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises California Amendatory Endorsement Page 2 of 3 (c)A judgment by a court or an administrative tribunal that the Insured has violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against; (d)Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Insured or the Insured's representative, which materially increase any of the risks insured against; (e)Failure by the Insured or the Insured's representative to implement reasonable loss control requirements, agreed to by the Insured as a condition of policy issuance, or which were conditions precedent to Our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against; (f)A determination by the Commissioner of Insurance that the i.Loss of, or changes in, our reinsurance covering all or part of the risk would threaten Our financial integrity or solvency; or ii.Continuation of the policy coverage would: a.Place Us in violation of California law or the laws of the state where We are domiciled; or b.Threaten Our solvency. (g)A change by the Insured or the Insured's representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, is included in the Policy. D.The mailing of the notice of cancellation shall be sufficient proof of notice and this Policy shall terminate at the date and hour specified in such notice. If We cancel this Policy, any return premium shall be calculated pro rata. Payment or tender of any unearned premium by Us shall not be a condition precedent to the effectiveness of the cancellation, but such payment shall be made as soon as practicable. Nonrenewal A.If We elect not to renew this Policy, We will mail or deliver to the Named Insured written notice of nonrenewal, stating the reason for nonrenewal, not less than sixty (60) days, but not more than one hundred twenty (120) days before the end of the Policy Period. We will mail the notice of nonrenewal to the Named Insured at the last mailing address known Us. If the notice of nonrenewal is mailed, proof of mailing will be sufficient proof of notice. B.We are not required to send notice of nonrenewal in the following situations: (a)If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between Us and a member of Our insurance group. (b)If the policy has been extended for 90 days or less, provided that notice has been given in accordance with paragraph A above. ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 3 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises California Amendatory Endorsement Page 3 of 3 (c)If the Named Insured has obtained replacement coverage, or if the Named Insured has agreed, in writing, within 60 days of the termination of the Policy, to obtain that coverage. (d)If the Policy is for a period of no more than 60 days and the Named Insured is notified at the time of issuance that it will not be renewed. (e)If the Named Insured requests a change in the terms or conditions or risks covered by the Policy within 60 days of the end of the Policy Period. (f)If We made a written offer to the Named Insured, in accordance with the timeframes shown in paragraph A above, to renew the Policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. 2.Section VII. DEFINITIONS, Paragraph E Damages, is modified to the extent necessary to provide the following: Punitive and exemplary damages shall not be insurable in cases where California law governs the Claim. 3.The Policy is amended by adding the following Clause at the end thereof: Policy Conflicts To the extent any term or condition contained in the Policy or any Endorsement attached thereto conflicts with any term or condition contained in this or any other State Amendatory Endorsement attached to the Policy, such terms and conditions most favorable to the Insured shall apply. All other terms and conditions remain unchanged. Endorsement effective:January 1, 2024 Policy No.:P102.753.902.1 Endorsement No:3 By: Kevin Kerridge (Appointed Representative) DPL E5102 CA (01/10) ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 4 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Cyber Incidents Exclusion Endorsement Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.In Clause III. EXCLUSIONS, Exclusion R. is deleted in its entirety and replaced with the following: R.based upon or arising out of any actual or alleged: 1.unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information that is in Your care, custody, or control; 2.violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information; 3.total or partial damage to, loss, corruption, deterioration, destruction, or alteration of, or the inability or impaired ability to access or manipulate any electronic data, software, electronic databases, computers, or any part of a computer system or network; 4.denial of service or delay, disruption, impairment, failure, or outage of any part of a computer system or network; 5.unauthorized or unlawful access to any electronic data or any part of a computer system or network, including through the transmission of any malicious code, such as a computer virus, worm, logic bomb, malware, spyware, Trojan horse, or other fraudulent or unauthorized computer code; or 6.threat, hoax, or demand relating to subparts 1 through 5 above. All other terms and conditions remain unchanged. Endorsement effective:January 1, 2024 Policy No.:P102.753.902.1 Endorsement No:4 By: Kevin Kerridge (Appointed Representative) DPL E1901 CW (08/21) ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 5 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises War, Civil War, Cyberwarfare, and NCBR Exclusion Endorsement Page 1 of 2 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.The following is added to the end of Clause III. EXCLUSIONS: This Policy does not apply to and We will have no obligation to pay any Damages, Claim Expenses, or Supplemental Payments for any Claim: WC-A.based upon or arising out of, directly or indirectly occasioned by, happening through, or in consequence of: 1.war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military, or usurped power; 2.confiscation, nationalization, requisition, destruction of, or damage to property by or under the order of any government, public, or local authority; 3.Cyberwarfare, to the extent not otherwise excluded by paragraph 1; or 4.any NCBR Malicious Act. 2.For purposes of this Endorsement, the following definitions apply: Cyberwarfare means any: 1.unauthorized access to, or use, alteration, corruption, damage, manipulation, misappropriation, theft, deletion, or destruction of, any computer hardware or electronic data; 2.creation, transmission, or introduction into a computer system, computer network, or electronic data of a computer virus or harmful code; or 3.restriction or inhibition of access to a computer system, computer network, or electronic data, including through a denial-of-service (DoS) attack, committed by, or on behalf of, a State. In determining by whom any action listed in parts 1. through 3. above is committed, We will consider to whom any governing body (including the governing body's intelligence, law enforcement, or military services) attributes such action, regardless of whether: A.the computer system, computer network, or electronic data is physically located within the jurisdiction of that governing body; or B.there are inconsistent statements within different branches or agencies of that governing body (including intelligence, law enforcement, or military services) as to whom the action is attributable to. However, if: i.a governing body has not attributed any such action to a State, or any person, group, association, or entity acting on the State's behalf; and ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 5 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises War, Civil War, Cyberwarfare, and NCBR Exclusion Endorsement Page 2 of 2 ii.there is at least one Media Report or a cybersecurity forensic firm report indicating that such action is attributed to a State or any person, group, association, or entity acting on the State's behalf, then We will not pay any Damages, Claim Expenses, or Supplemental Payments resulting from any action listed in parts 1. through 3. above until any governing body attributes such action to a State or any person, group, association, or entity acting on the State's behalf. If a governing body does not attribute such action to a State or any person, group, association, or entity acting on the State's behalf, or declares it is unable to do so, then a Media Report or cybersecurity forensic firm report will be conclusive evidence that the act was committed by, or on behalf of, a State. For purposes of this definition, "Media Report" means an article published by the Associated Press, Reuters, Wall Street Journal, or the British Broadcasting Corporation. For purposes of this definition, "State" means a sovereign state, state-like entity, quasi-state, proto- state, or a state-sponsored actor or group. NCBR Malicious Act means an act or series of acts that harms another person or damages property through the physical release or dispersal of Nuclear, Chemical, Biological, or Radiological Agents or Materials, which is carried out by any person or group of persons, whether acting alone, on behalf of, or in connection with any organization. Nuclear, Chemical, Biological, or Radiological Agents or Materials means: 1.nuclear reaction, nuclear radiation or radioactive particles, whether released or dispersed by nuclear or conventional devices; 2.any chemical compound; or 3.any pathogen, in sufficient concentration to cause harm to people or damage to property. All other terms and conditions remain unchanged. Endorsement effective:January 1, 2024 Policy No.:P102.753.902.1 Endorsement No:5 By: Kevin Kerridge (Appointed Representative) DPL E1919 CW (03/23) ~'~ HISCOX encourage courage· Hiscox Insurance Company Inc. Endorsement 6 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Cannabis Exclusion Endorsement Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.The following is added to the end of Clause III. EXCLUSIONS: This Policy does not apply to and We shall have no obligation to pay any Damages, Claim Expenses, or Supplemental Payments for any Claim: CA-1.based upon or arising out of, directly or indirectly occasioned by, or in consequence of: 1.the design, cultivation, manufacture, storage, transport, processing, packaging, handling, testing, distribution, sale, serving, furnishing, possession, protection, or disposal of Cannabis by anyone; 2.the actual, alleged, threatened, or suspected use, inhalation, ingestion, absorption, or consumption of, contact with, exposure to, existence of, or presence of Cannabis by anyone; or 3.the performance of or failure to perform any services or operations of any kind, including but not limited to any banking, advisory, consulting, legal, compliance, financial, design, or logistical services, in connection with or relating to Cannabis. This exclusion applies even if the Claim against any Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that Insured. 2.The following is added to the end of Clause VI. DEFINITIONS: CA-A.Cannabis means any good or product that consists of or contains any amount of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic. Cannabis includes but is not limited to any of the following containing such THC or cannabinoid: 1.any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, stalks and roots; or 2.any compound, byproduct, extract, derivative, mixture or combination, such as: a.resin, oil or wax; b.hash or hemp; or c.infused liquid or edible cannabis; whether or not derived from any plant or part of any plant set forth in paragraph 1 above. All other terms and conditions remain unchanged. Endorsement effective:January 1, 2024 Policy No.:P102.753.902.1 Endorsement No:6 By: Kevin Kerridge (Appointed Representative) DPL E1918 CW (03/23) ~'~ HISCOX encourage courage· Declarations Page HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 1 of 9 In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Policy no.:P102.753.903.1 1.Named insured:Charles E Jones Jr DBA Jones Enterprises Address:1005 White Oak Dr San Jose, CA 95129 Email address:chappiejones@gmail.com 2.Policy period:Inception Date: 01/01/2024 Expiration Date: 01/01/2025 Inception date shown shall be at 12:01 A.M. (Standard Time) to Expiration date shown above at 12:01 A.M. (Standard Time) at the address of the Named Insured. 3.General terms and BOP P0001A CW conditions wording:The General terms and conditions apply to this policy in conjunction with the specific wording detailed in each section below. 4.Policy limits: Business Personal Property $10,000 each occurrence BOP General Liability $2,000,000 aggregate 5.Endorsements:See Schedule 6.Notification of claims to:Web : https://www.hiscox.com/manage-your-policy/claims-center Phone: 1-866-424-8508 Email: reportaclaim@hiscox.com Mail: Attn: Direct Claims Hiscox 5 Concourse Parkway, Suite 2150 Atlanta GA, 30328 Please inform us immediately if you have a claim or loss to report . 7.Policy premium:$500.00 HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 2 of 9 SCHEDULE OF DESCRIBED LOCATIONS Loc#Bldg#Premises Address Mortgage Holder(s)Limits Summary 1 1 1005 White Oak Dr San Jose, CA 95129 Location Type: Primary Business Personal Property: $10,000 HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 3 of 9 Business Personal Property Coverage Part: BOP-BPP P0001A CW (06/20) Business personal property coverage Limit of Insurance 1: Any location where you perform your business activities Business Personal Property Limit:$10,000 Each occurrence Deductible: $1,000 Theft of furs, fur garments, and garments trimmed with fur: $2,500 Each occurrence (Shared) Theft of jewelry, watches, and similar:$2,500 Each occurrence (Shared) Theft of patterns, dies, molds, and forms:$2,500 Each occurrence (Shared) Additional Coverages Limit of Insurance Business income:Actual Loss up to 6 months Period of restoration: 6 months Waiting period: 72 hours Business income from dependent properties:$10,000 Each occurrence Period of restoration: 6 months Waiting period: 72 hours Civil authority:Actual Loss up to 30 days Waiting period: 72 hours Extended business income:Actual Loss up to 30 days Interruption of computer operations:$10,000 Aggregate Period of restoration: 6 months Waiting period: 72 hours Electronic data:$10,000 Aggregate (Shared) Extra expense:Actual Loss up to 6 months Period of restoration: 6 months Waiting period: 72 hours HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 4 of 9 Forgery or alteration:$5,000 Each occurrence (Shared) Glass:$10,000 Each occurrence Money orders and counterfeit money:$5,000 Each occurrence (Shared) Coverage Extensions Limit of Insurance Accounts receivable:$10,000 Each occurrence (Shared) Lock and key replacement:$2,500 Each occurrence (Shared) Newly acquired business personal property:$100,000 per building Personal effects:$10,000 Each occurrence (Shared) Temporary business resumption expenses:$10,000 Each occurrence (Shared) Valuable papers and records:$10,000 Each occurrence (Shared) All limits designated as “shared” are a part of, and not in addition to, the Business Personal Property Limit. No deductible will apply to loss you sustain under Business income or Extra expense. HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 5 of 9 BOP General Liability Coverage Part: BOP-GL P0001A CW (11/19) Liability coverage Limit of Insurance BOP General Liability Limit:$2,000,000 Each occurrence / $2,000,000 Aggregate Deductible: $0 Products and completed operations:$2,000,000 Each occurrence (Shared) Personal and advertising injury:$2,000,000 Each claim (Shared) Damage to premises rented to you:$0 Any one premises (Shared) Medical payments:$10,000 Each person All limits designated as “shared” are a part of, and not in addition to, the BOP General Liability Limit. HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 6 of 9 Optional Coverages Limit of Insurance Advertising expense to regain customers $2,500 aggregate (Shared) Backup or overflow of a sewer, drain or sump $10,000 aggregate (Shared) Brand & labels $5,000 aggregate (Shared) Business income - denial of access to premises Business income/extra expense: Actual Loss up to 14 days Extra Expense Days:14 Period of Restoration Maximum Consecutive Days: 14 Waiting Period: 72 Business income for billable hours $10,000 each occurrence / $10,000 aggregate Business income for websites $10,000 aggregate (Shared) Waiting Period: 72 hours Contingent transit business income and extra expense $2,500 aggregate Contractual penalties coverage $2,500 each occurrence (Shared) Electronic data loss Liability $25,000 each occurrence, $25,000 aggregate (Shared) Electronic vandalism $2,500 each occurrence, $2,500 aggregate (Shared) $2,500 computer software each occurrence $2,500 computer software aggregate Employee dishonesty $5,000 each occurrence (Shared) Equipment breakdown coverage $5,000 each occurrence (Shared) Expediting Expenses Sublimit: $5,000 Fungi Sublimit: $5,000 Hazardous Substances Sublimit: $5,000 Data Sublimit: $5,000 PR Sublimit: $5,000 Spoilage Sublimit: $5,000 Expediting expenses $10,000 each occurrence (Shared) Fine arts coverage extension $5,000 each occurrence (Shared) Hired auto – physical damage $10,000 each auto / $10,000 aggregate (Shared) Deductible: $1,000 each occurrence Money and securities coverage On premises: $10,000 each occurrence (Shared) Off premises: $10,000 each occurrence (Shared) HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 7 of 9 Ordinance or law coverage (undamaged portion of building; demolition cost; tenants’ improvements and betterments) Demolition Cost: $10,000 each building Demolition Cost and Increased Cost of Construction Coverages Combined: $10,000 each building Tenants’ Improvements and Betterments: $10,000 each building Outdoor signs $10,000 each occurrence (Shared) Sales representative samples $10,000 aggregate Unauthorized business credit card use $1,000 each occurrence (Shared) Utility Services – time element & direct damage Utility services interruption limit (Direct damage): $10,000 each occurrence (Shared) Utility services interruption limit (Time element): $10,000 each occurrence Waiting Period: 24 hours Worldwide property coverage with portable electronic devices sublimit $10,000 each occurrence (Shared) Portable devices sublimit: $5,000 each occurrence (Shared) All coverages designated as “”shared” are a part of, and not in addition to, the applicable Policy Limit stated in Item 4 above. Coverage under the above Optional Coverages is afforded by endorsement to the policy. Purchased Optional Coverages may be subject to unique terms and conditions. Please review all endorsements thoroughly. HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 8 of 9 IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the Insurer’s duly authorized representative. President Secretary Authorized Representative Kevin Kerridge January 12, 2024 Hiscox Inc. HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois, 60603 (914) 273-7400 Businessowners Insurance for Management consulting DECLARATIONS – Effective 01/12/2024 (updates denoted by *) v2 Standard Package BOP D0001A CW (11/19)Page 9 of 9 Schedule of Endorsements NUMBER TITLE GENERAL (APPLICABLE TO MORE THAN ONE COVERAGE PART) BOP D0001A CW (11/19)Businessowners Declarations BOP E1005 CW (11/19)Policy Changes BOP GENERAL LIABILITY COVERAGE PART BOP-GL E5003 CW (11/19)Additional Insured Endorsement (Designated Person or Organization) Endorsements Hiscox Insurance Company Inc. Endorsement 38 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Policy Changes Page 1 of 2 BOP E1005 CW (11/19) Includes copyrighted material of Insurance Services Office, Inc. with its permission In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed: If selected below, the following changes will apply to your policy. Any change that is shown on the Declarations will be shown in a revised version of the Declarations and reissued to you. Item:Summary of change made (if not shown in revised Declarations page): Named insured Address Policy period Total premium Policy limits See Declaration page for details Optional extension period See Declaration page for details Deductible(s)See Declaration page for details Payment plan Classification/class code Insured’s business/ legal status Additional interested parties X Endorsements Endorsement # 39 entitled Additional Insured Endorsement (Designated Person or Organization) is added. If selected below, the above changes will result in a change in the premium as follows: Additional premium due Return premium To be adjusted at audit All other terms and conditions remain unchanged. Hiscox Insurance Company Inc. Endorsement 38 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Policy Changes Page 2 of 2 BOP E1005 CW (11/19) Includes copyrighted material of Insurance Services Office, Inc. with its permission Endorsement Effective:January 12, 2024 Policy No.:P102.753.903.1 By: Kevin Kerridge (Appointed Representative) Endorsements Hiscox Insurance Company Inc. Endorsement 39 NAMED INSURED: Charles E Jones Jr DBA Jones Enterprises Additional Insured Endorsement (Designated Person or Organization)Page 1 of 1 BOP-GL E5003 CW (11/19) Includes copyrighted material of Insurance Services Office, Inc. with its permission In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows: SCHEDULE Name of Person(s) or Organization(s): The City of Cupertino, its city counsels, officers, officials, agents, servants and volunteers I.The following is added to the end of Section III. Who is an insured: DP-A.Designated person or organization Any person(s) or organization(s) shown in the Schedule above will be added to this Coverage Part as an additional insured, but only with respect to their liability for bodily injury, property damage, or personal and advertising injury arising out of: 1.your acts or omissions; 2.the acts or omissions of those acting on your behalf in the performance of your ongoing operations; or 3.in connection with premises owned by or rented to you. However, the coverage afforded to such additional insured(s): a.applies only to the extent permitted by law; and b.will not be broader than you are required by contract or agreement to provide for such additional insured(s). If coverage provided to the additional insured(s) listed in the Schedule above is required by a contract or agreement, the most we will pay on behalf of any such additional insured is the amount of insurance: i.required by such contract or agreement; or ii.available under the applicable limits stated in the Declarations, whichever is less. II.This Endorsement will not increase the applicable limits stated in the Declarations. Endorsement Effective:January 12, 2024 Policy No.:P102.753.903.1 By: Kevin Kerridge (Appointed Representative) Notices ~·~ HISCOX encourage courage· Policyholder Notice Electronic Delivery Page 1 of 1 INT N003 CW (01/19) If you received your insurance policy by email, it is because you have chosen electronic delivery of your policy documents and important notices, including cancellation and nonrenewal notices where permitted by law. We also will send any renewal policy documents to you by email at the address you have provided. If you are currently receiving paper documents and would like to have ease of retrieval and access and save on storage space, you will need to contact us and update your preferences. Most documents can be sent electronically within minutes. For electronic documents, you will need a computer or mobile device with Internet access and the ability to receive external emails. You also will need software such as Adobe Reader®that allows you to view and save PDF documents, and a printer to create paper copies. At any time you may request a paper copy of your policy,or you may withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost. You must notify us if your email or street address changes. To update your email or street address, or to request paper documents,please contact us at 888-202-3007. I\'~ HISCOX Hiscox Insurance Company Inc. ECONOMIC AND TRADE SANCTIONS POLICYHOLDER NOTICE INT N001 CW 01 09 Page 1 of 1 Hiscox is committed to complying with the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) requirements. OFAC administers and enforces economic sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, and narcotics traffickers as Specially Designated Nationals (SDN’s) and Blocked Persons. OFAC has also identified Sanctioned Countries. A list of Specially Designated Nationals, Blocked Persons and Sanctioned Countries may be found on the United States Treasury’s web site http://www.treas.gov/offices/enforcement/ofac/. Economic sanctions prohibit all United States citizens (including corporations and other entities) and permanent resident aliens from engaging in transactions with Specially Designated Nationals, Blocked Persons and Sanctioned Countries. Hiscox may not accept premium from or issue a policy to insure property of or make a claim payment to a Specially Designated National or Blocked Person. Hiscox may not engage in business transactions with a Sanctioned Country. A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of Treasury. A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States. In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following: (1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade sanctions; (2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any action in connection with such claim or suit is prohibited by US economic or trade sanctions; (3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to US economic or trade sanctions; (4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country government, where any activities related to such property are prohibited by US economic or trade sanctions; or (5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions. Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the US Treasury’s website at http://www.treas.gov/offices/enforcement/ofac/. ~'~ HISCOX Application Summary ~·~ HISCOX encourage courage· Hiscox Insurance Company Inc. Application Summary © Hiscox Inc. 2010 Page 1 The following outlines the details you have given us about your business. We have relied on the accuracy of this information in order to issue your policy. If any of the items below are incorrect or have changed, please call us at so that we can update your policy details. Your policy Policy number:P102.753.902.1 Quote reference number:Q102.753.902.001 Product:Professional Liability Business name:Charles E Jones Jr DBA Jones Enterprises Business address:1005 White Oak Dr City:San Jose State:CA Zip code:95129 County Santa Clara Name:Charles E Jones Jr Email address:chappiejones@gmail.com Telephone number:408-406-2501 Per claim limit of liability:$2,000,000 Aggregate limit of liability:$2,000,000 Deductible:$500 Revenue:$10,000 When would you like your policy to start?January 1, 2024 Locations Covered Location 1:1005 White Oak Dr San Jose CA 95129 Your business Class of Business:Management consulting Your business's ownership structure Sole Proprietor ~·~ HISCOX encourage courage· © Hiscox Inc. 2010 Page 2 Your business Does your business implement measures to manage risk, such as client contracts with indemnification clauses, sign-off on deliverables, or formal change management procedures? Yes Do you currently have an insurance policy in effect for the coverage requested? No Management consulting Does your business provide any of the following services (check all that apply)? • Aerospace consulting or advice • Actuarial advice • Architecture or engineering advice • Construction management or advice • Credit counseling • Environmental consulting or advice • Financing or financial auditing • General contracting • Investment or tax advice • Insurance placement or advice • Land acquisition • Law enforcement training • Legal advice • Lobbying and/or political advice • Medical advice • Mergers and acquisitions or business valuations • Mining consulting or advice • Oil, gas, or petroleum consulting or advice • Safety consulting or advice • Sales representative • None of the above None of the above Statements About Your Business As the individual completing this transaction, you are authorized to purchase and bind this insurance on behalf of the entity applying for coverage. Agree Your business is not controlled or owned by any other firm, corporation, or entity. Agree For the entire period of time that you have owned and controlled the business, you have not sold, purchased or acquired, discontinued, merged into or consolidated with another business. Agree Your business has never had any commercial insurance cancelled or rescinded. Agree You,your business's current and past partners,officers,directors,board members, trustees or employees, have never been subject to disciplinary action by authorities as a result of professional activities. Agree Claims and Loss History Based upon your knowledge and the knowledge of your business's current and past partners, officers, directors and employees, during the last five years a third party has never made a claim against your business and you do not know of any reason why someone may make a claim. Agree © Hiscox Inc. 2010 Page 3 Professional Liability The limits of liability represent the total amount available to pay judgments, settlements, and claim expenses (e.g., attorney’s fees) incurred in the defense of any claims. We are not liable for any amounts that exceed these limits. This is a claims-made policy. If coverage is provided, it shall apply to claims made against you and reported to us during the policy period or applicable extended reporting period. Judgments, settlements and claims expenses incurred are subject to the deductible amount. The deductible is the amount you must pay before we will make any payments under the policy. Some coverage may not be subject to a deductible, in which case you are not required to make payments before any payments are made under the policy. Please consult the policy language for details. If you have knowledge of any circumstance that may lead to a claim being made against you, coverage will be excluded if such claim is made. Claims made against you prior to the inception of the policy are excluded. Fraud Warning For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Policy Cancellation Statement You have 14 days from inception of your policy/policies to review your documents. If you have no losses or reported claims, you have the right to cancel back to inception for a full refund. Other General Confirmation Statements ●You can receive your policy documents and important notices, including cancellation and nonrenewal notices, in electronic or paper form. ●We will send documents by email or US mail to the address you have provided. You must notify us if your email or street address changes. ●For electronic documents, you will need a computer with Internet access and the ability to receive external emails; software such as Adobe Reader® to view and save PDF documents; and a printer to create paper copies. ●You can always withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost. ●To update your email or street address, or to request paper documents, you can contact us at . Agree to receive policy documents by email Agree to receive important notices by email The information you provided is accurate and complete and has been used to accept your application and determine the terms and conditions your policy/policies. I have read the information above and confirm it is correct. I understand that by checking this box and providing the premium payment I agree that I am entering into a binding agreement with Hiscox Insurance Company Inc. Businessowners Policy Coverage Summary We want you to understand the Hiscox Businessowners Policy. This summary highlights some important coverages and exclusions. Please see your policy for a full explanation of all coverages and exclusions. If you have any questions about your coverage, please contact one of our advisors at (Mon-Fri, 7am-10pm ET) or at This policy does cover Bodily injury or property damage To the extent you are legally liable, we cover damages or claims expenses if you injure a third-party or damage someone else’s property (including damage due to a fire at a premise you rent, unless you work from home). Medical payments We will make medical payments as a result of bodily injury that occurs in the course of your business operations, regardless of fault. Defense costs If you’re sued, even if you’re not at fault, we will appoint an attorney to defend you, even if the lawsuit is groundless. We will pay these defense costs on your behalf. Business property We cover for loss or damage to your business property (e.g. computers, printers, and office furniture). Coverage in and away from the office Your business property is insured when physically in your office. We also provide coverage for business property you take away from the office, such as laptops (see policy for “off-premises” terms and limits). Backup or overflow of a sewer, drain or sump We will cover loss or damage to your covered property from water that backs up or overflows from a sewer, drain, sump, or related equipment (see policy for terms and limits). Lost business income and extra expense We will pay the actual income your business loses and extra expenses you incur if you cannot operate your business as a result of a covered loss to your business equipment (see policy for terms and limits). Tailored coverage for your business Your policy includes other tailored coverages for your business, such as equipment breakdown coverage, expediting expenses, and business income for your website. See your policy for a full description of the package of coverages specific to your business. https://www.hiscox.com/manage-your-policy. 844-357-0840 ~·ft HISCOX encourage courage• This policy does not cover Intent to injure We won’t cover you for any act that occurs with the intent to injure. This includes personal and advertising injuries if you knew your actions were false or violated the rights of others. Outside the policy period We won’t cover claims for bodily injury, property damage, personal and advertising injury or loss or damage to your business property that do not occur during the policy period. Known claims and circumstances We won’t cover your business for any claim or circumstance that could result in a claim you knew about prior to the start of your first Hiscox policy. Earthquakes or Volcanoes We won’t cover you for losses caused by earthquakes or volcanoes. However, if a fire results from one of these events, we will cover the loss as a result of the fire. Errors or omissions We won’t cover any professional services performed by you. These types of risks may be covered as part of a Professional Liability or Errors & Omissions policy. Wear and Tear We won’t cover any claims arising out of wear and tear to business property. Workers’ compensation We won’t cover any obligation you may have under a workers’ compensation claim or similar law. Buildings or structures We won’t cover claims for damage to the building or structure your business occupies. Common claims examples Bodily injury — A customer slips and falls while walking in your store and you are legally liable for the injury. We will cover the subsequent claim and related medical expenses up to your limits of liability. Stolen property — A break-in results in stolen business property as well as theft of a client’s property that was in your possession. We will cover the subsequent claim up to your limits. Personal injury — One of your employees is at lunch. He talks to the owner of the shop about one of your clients in a false and unflattering way. The client learns of this discussion and sues for slander. We will cover the subsequent claim, up to your limits of liability, and pay for an attorney to defend you if necessary. Coverage summaries, descriptions, and claims examples are provided for illustrative purposes only and are subject to the applicable policy limits, deductibles, exclusions, terms, and conditions. Not all insurance products and services are available in all states. Hiscox recommends you read the policy documents to learn the full details of coverage. Underwritten by Hiscox Insurance Company Inc., 104 South Michigan Avenue, Suite 600, Chicago, IL 60603, as administered by Hiscox Inc., a licensed insurance provider in all states and DC. ~·I" HISCOX Page 1 of 5 CA 0 1 0 R B D Renewal auto policy declarations Your policy effective date is November 4, 2023 Information as of September 13, 2023 Summary Named Insured(s) Charles Jones, Kelli Jones Mailing address 1005 White Oak Dr San Jose CA 95129-3157 Policy number 927 224 739 Your policy provided by Allstate Northbrook Indemnity Company Policy period Beginning November 4, 2023 through May 4, 2024 at 12:01 a.m. standard time Your Allstate agency is Pinnacle One Ins 1125 Saratoga Ave San Jose CA 95129 (408) 257-1234 rvarich@allstate.com Some or all of the information on your Policy Declarations is used in the rating of your policy or it could affect your eligibility for certain coverages. Please notify us immediately if you believe that any information on your Policy Declarations is incorrect. We will make corrections once you have notified us, and any resulting rate adjustments, will be made only for the current policy period or for future policy periods. Please also notify us immediately if you believe any coverages are not listed or are inaccurately listed. Total Amount Due for the Policy Period Please review your insured vehicles and verify their VINs are correct. Vehicles covered Identification Number (VIN)Premium 2020 Tesla 3 5YJ3E1EB7LF635835 $1,264.38 2021 Tesla Y 5YJYGDEE3MF094621 821.71 California Fraud Assessment Fee 1.76 Additional coverages 19.42 Total*$2,107.27 * Your bill will be mailed separately. Before making a payment, please refer to your latest bill, which includes payment options and installment fee information. If you do not pay in full, you will be charged an installment fee(s). See the Important payment and coverage information section for details about installment fees. Discounts (included in your total premium) Anti-theft $16.34 Good Driver (20%)$503.80 Multiple Policy $61.77 Distinguished Driver $449.52 Total discounts $1,031.43 Discounts per vehicle 2020 Tesla 3 $610.40 Anti-theft $9.35 Good Driver (20%)$298.37 Multiple Policy $36.63 Distinguished Driver $266.05 2021 Tesla Y $421.03 Anti-theft $6.99 Good Driver (20%)$205.43 Multiple Policy $25.14 Distinguished Driver $183.47 Listed drivers on your policy Charles Jones Kelli Jones Excluded drivers from your policy None ~ Allstate ® Renewal auto policy declarations Policy number: 927 224 739 Policy effective date:November 4, 2023 CA 0 1 0 R B D X2 1 01 0 07 4 23 0 9 1 4 A E 0 4 6 8 1 0 0 0 0 0 0 9 2 7 2 2 4 7 3 9 2 3 0 9 1 4 A E 0 4 6 8 1 A U T AU T R2 4 C A 20 2 3 0 9 1 4 0 5 2 1 5 1 02 A- 00 4 6 8 1 -00 7 -0-02-00 Page 2 of 5 Coverage detail for 2020 Tesla 3 Coverage Limits Deductible Premium Automobile Liability Insurance Not applicable $332.09 • Bodily Injury $250,000 each person $500,000 each occurrence • Property Damage $100,000 each occurrence Auto Collision Insurance Actual cash value $1,000 $634.06 Waiver of deductible applies Auto Comprehensive Insurance Actual cash value $250 $177.73 Rental Reimbursement Not purchased* Towing and Labor Costs Not purchased* Uninsured Motorists Insurance for Bodily Injury $250,000 each person $500,000 each accident Not applicable $120.50 Automobile Medical Payments Not purchased* Coordinated Medical Protection Not purchased* Sound System Not purchased* Tape Not purchased* Total premium for 2020 Tesla 3 $1,264.38 * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your Allstate agent to discuss coverage options and other products and services that can help protect you. VIN 5YJ3E1EB7LF635835 Rating information Your premium is determined based on certain information, including the following: •This vehicle is driven for pleasure, married person licensed 49 years. Allstate uses mileage information as one factor to help determine your premium amount. Important Note: The annual mileage figure applicable to this vehicle for the expiring policy period was: 10,000 - 10,499. The annual mileage figure applicable to this vehicle for the current policy period is: 11,500 - 11,999. The following odometer information was used to determine your annual mileage for current policy period: Odometer Reading: 20,583 Odometer Reading: 32,601 Date : 07/24/2022 Date : 08/07/2023 If any of the information shown above is incorrect, missing or changes in the future, please contact your Allstate representative. Please keep in mind that a change in any of the information may result in an adjustment to your premium. Renewal auto policy declarations Policy number: 927 224 739 Policy effective date:November 4, 2023 CA 0 1 0 R B D Page 3 of 5 Coverage detail for 2021 Tesla Y Coverage Limits Deductible Premium Automobile Liability Insurance Not applicable $161.57 • Bodily Injury $250,000 each person $500,000 each occurrence • Property Damage $100,000 each occurrence Auto Collision Insurance Actual cash value $1,000 $448.24 Waiver of deductible applies Auto Comprehensive Insurance Actual cash value $250 $132.92 Rental Reimbursement Not purchased* Towing and Labor Costs Not purchased* Uninsured Motorists Insurance for Bodily Injury $250,000 each person $500,000 each accident Not applicable $78.98 Automobile Medical Payments Not purchased* Coordinated Medical Protection Not purchased* Sound System Not purchased* Tape Not purchased* Total premium for 2021 Tesla Y $821.71 * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your Allstate agent to discuss coverage options and other products and services that can help protect you. VIN 5YJYGDEE3MF094621 Rating information Your premium is determined based on certain information, including the following: •This vehicle is driven 3-9 miles to work/school, married person licensed 47 years. Lienholder Digital Federal Credit Union Allstate uses mileage information as one factor to help determine your premium amount. Important Note: The annual mileage figure applicable to this vehicle for the expiring policy period was: 3,000 - 3,499. The annual mileage figure applicable to this vehicle for the current policy period is: 3,500 - 3,999. The following odometer information was used to determine your annual mileage for current policy period: Odometer Reading: 6,268 Odometer Reading: 10,122 Date : 07/24/2022 Date : 08/07/2023 If any of the information shown above is incorrect, missing or changes in the future, please contact your Allstate representative. Please keep in mind that a change in any of the information may result in an adjustment to your premium. ~ Allstate ® Renewal auto policy declarations Policy number: 927 224 739 Policy effective date:November 4, 2023 CA 0 1 0 R B D X2 1 01 0 07 4 23 0 9 1 4 A E 0 4 6 8 1 0 0 0 0 0 0 9 2 7 2 2 4 7 3 9 2 3 0 9 1 4 A E 0 4 6 8 1 A U T AU T R2 4 C A 20 2 3 0 9 1 4 0 5 2 1 5 1 02 A- 00 4 6 8 1 -00 8 -0-02-00 Page 4 of 5 Additional coverages The following policy coverages are also provided. Coverage Limits Deductible Premium Automobile Death Indemnity Insurance $4.42 • Named Insured • Spouse of Named Insured $15,000 benefit $15,000 benefit Not applicable Automobile Disability Income Protection Not purchased* Identity Theft Expenses $25,000 per premium period Not applicable $15.00 Total $19.42 * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your Allstate agent to discuss coverage options and other products and services that can help protect you. Your policy documents Your automobile policy consists of this Policy Declarations and the documents in the following list. Please keep these together. •Allstate Automobile Policy – AU104-3 •California Paperless Disclosure – AU14943 •Amendment of Policy Provisions – AU14626-1 •Identity Theft Expenses-Coverage IT – AU14256 •California Amendatory Endorsement – AU14629-3 Important payment and coverage information Here is some additional, helpful information related to your coverage and paying your bill: uYour rate is lower because you are insuring multiple cars. uYour bill will be sent to you in a separate mailing and will list any payment option(s) available to you. If you are eligible to pay your premium in installments, your first bill will reflect your available payment options, including the option to pay in full or to pay in monthly installments. Please note that any amounts payable for the first renewal bill will not include an installment fee (unless you have an unpaid balance from a previous policy period, in which case the Minimum Amount Due will include an installment fee, or unless you are participating in the Allstate Easy Pay Plan). The following applies to installment payments made after your first renewal bill. If you decide to pay your premium in installments, there will be a $3.50 installment fee charge for each payment due. If you make 6 installment payments during the policy period, and do not change your payment plan method, then the total amount of installment fees during the policy period will be $21.00. If you are on the Allstate® Easy Pay Plan, there will be a $1.00 installment fee charge for each payment due. If you make 6 installment payments during the policy period, and remain on the Allstate® Easy Pay Plan, then the total amount of installment fees during the policy period will be $6.00. If you change payment plan methods or make additional payments, your installment fee charge for each payment due and the total amount of installment fees during the policy period may change or even increase. Please note that the Allstate® Easy Pay Plan allows you to have your insurance payments automatically deducted from your checking or savings account. Renewal auto policy declarations Policy number: 927 224 739 Policy effective date:November 4, 2023 CA 0 1 0 R B D Page 5 of 5 Allstate Northbrook Indemnity Company's Secretary and President have signed this policy with legal authority at Northbrook, Illinois. Phil Telgenhoff President Susan L. Lees Secretary ~ Allstate ® Important notices Policy number: 927 224 739 Policy effective date:November 4, 2023 X2 1 01 0 07 4 23 0 9 1 4 A E 0 4 6 8 1 0 0 0 0 0 0 9 2 7 2 2 4 7 3 9 2 3 0 9 1 4 A E 0 4 6 8 1 A U T AU T R2 4 C A 20 2 3 0 9 1 4 0 5 2 1 5 1 02 A- 00 4 6 8 1 -00 9 -0-02-00 Page 1 of 3 Reasons for Extension, Cancellation or Nonrenewal California law requires Allstate to provide you with reasons why your policy may be extended, canceled or nonrenewed or your premium increased. Allstate may cancel or nonrenew your policy for one or more of the following reasons: Ñ Nonpayment of premium; Ñ Fraud or material misrepresentation affecting the policy or the insured; or Ñ Substantial increase in the hazard we insure against. In addition, your policy may be nonrenewed or your premium may be increased for any of the following reasons: Ñ Accident involvement by an insured and whether the insured is at fault in the accident; Ñ A change in, or addition of, an insured vehicle; Ñ A change in, or addition of, an insured under the policy; Ñ A change in the location of garaging of an insured vehicle; Ñ A change in the use of an insured vehicle; Ñ Conviction for violating any provision of the Vehicle Code or Penal Code relating to the operation of a motor vehicle; Ñ The payment made by an insurer due to a claim filed by an insured or a third party; Ñ Any other reason that is lawful and not unfairly discriminatory. Accidents and convictions for violating any provision of the Vehicle Code or Penal code relating to the operation of a motor vehicle that occur within the 36-month period ending on the effective date of the policy may lead to an increase of your premium. You have the right to be informed, upon your request, of any increase in premium, in whole or in part, charged to you because of an accident or conviction. Under certain circumstances, if we fail to send your renewal offer at least 20 days prior to your renewal effective date or if we fail to send your nonrenewal notice at least 30 days prior to the nonrenewal effective date, California law requires us to extend your existing policy term for 30 days from the date the notice is mailed or delivered to you. Other Uninsured Motorist Coverage Options Your policy has been issued with the coverages and options you requested. Please refer to the enclosed Policy Declarations to verify that your policy has been issued according to your requests. However, please be aware that you still have options concerning coverage for damages to your insured auto that you are legally entitled to recover from the owner or operator of an uninsured motor vehicle. The following options are available for each vehicle under your policy. Please see your Policy Declarations to determine your current coverages for each of your vehicles. Ñ If your vehicle is insured for Auto Collision Insurance, we are offering a Waiver of your Collision Coverage Deductible to apply when the vehicle is damaged in an accident caused by an uninsured motor vehicle. Ñ If your vehicle is not insured for Auto Collision Insurance and is insured for Uninsured Motorists Insurance for bodily injury, we are offering you the opportunity to extend your Uninsured Motorists Insurance to cover property damage. Ñ You still have the option of rejecting either the Waiver of Collision Coverage Deductible or Uninsured Motorists Insurance for property damage, or both coverages. If a vehicle insured under your policy is damaged by an uninsured motor vehicle and you are legally entitled to recover damages, we will, depending on the coverage you purchase, either: Ñ Pay the collision deductible on the insured motor vehicle when you have purchased collision coverage, or Ñ Pay for the damage to the insured motor vehicle when you have not purchased collision coverage but have purchased Uninsured Motorists Insurance for property damage. Payment shall not include damage to personal property or loss of use of a motor vehicle and shall not exceed the smaller of: Ñ The amount of the collision deductible, Ñ The actual cash value of the insured motor vehicle, Ñ $3500. The law also permits you to reject these coverages completely. If you would like to purchase one of these coverages or make any other changes concerning these coverage options, please call your Allstate Agent. If You Have a Problem with Your Insurance Please contact your Allstate representative if you have any questions or concerns about your insurance. If a problem arises that you and your Allstate representative are unable to resolve satisfactorily, please call or write to: Allstate Customer Service PO Box 660598, Dallas, TX 75266-0598 1-800-ALLSTATE SM (1-800-255-7828) Page 2 of 3 Important notices Policy number: 927 224 739 Policy effective date:November 4, 2023 If the problem remains unresolved, you may contact the California Department of Insurance at: Consumer Services Division California Department of Insurance 300 South Spring Street, Los Angeles, CA 90013 Consumer Hotline: 1-800-927-4357 Website: http://www.insurance.ca.gov/01-consumers/101-help/index .cfm Please contact the Department of Insurance only if you have been unable to satisfactorily resolve the problem with your Allstate representative and with Allstate. X5126-4 Voluntary Provider Networks We want to let you know about a program that may be available to you. If you, or anyone covered under your policy, is injured in a loss covered under your auto policy, a Voluntary Provider Network may be available to you. A Voluntary Provider Network includes a variety of participating medical providers that can treat those injuries. Voluntary Provider Networks maintain lists of their participating providers. In the event that you experience a loss, your claims representative can provide you with contact information for any participating Allstate networks that may be available in your state at that time. You are under no obligation to use a medical provider who is a member of one of these networks, and you are free to seek medical services from a provider of your choice. There is no penalty if you choose a provider outside the network. If you are injured and treated by a provider who is a member of one of the participating networks, we may review their bills for covered medical services for re-pricing based on the approved rate for that provider’s network. You do not need to make a choice about these networks at this time. Please keep in mind that using a provider within a network should not be considered a confirmation that you have coverage. This notice is for informational purposes only. X73469 Notice of Right to Designate a Third Party We want you to know that you have the right to designate one additional individual to receive copies of any coverage termination notices that we may issue if you fail to pay the required premium when due. You also have the right to replace the individual you previously designated or terminate the third party designation entirely. This third party will not receive copies of your regular billing statements or any other documents for your policy. How to start, change or end a third party designation To add, change or remove a third party simply contact your Allstate Agent or representative to receive a copy of a Third Party Designation form. After you return the form with the name and address of the designee or any changes you wish to make, we will process your request. Additionally, we will notify you annually of your right to designate a third party. If you have already designated a third party and do not wish to make any changes, you do not need to do anything. If you have questions Please contact your Allstate Agent or representative, or call us at 1-800-ALLSTATE (1-800-255-7828) if you have any questions or would like more information. X73598 Important information about the Good Driver Discount The Good Driver Discount gives a driver the opportunity to receive a discount for having a good driving history. Depending on your driving experience and information in your driving record, (such as the number of traffic violation convictions or accidents), you could be eligible for a 20% discount on your auto insurance premiums. Please Note: If a driver is no longer eligible for a Good Driver Discount policy because of the driving safety record or years of driving experience of any other person, the good driver is eligible to purchase a Good Driver Discount policy which excludes such other persons from coverage. If you want to exclude such other persons from your auto policy so that Allstate can offer you the Good Driver Discount policy, please contact your Allstate agent or representative. This change may affect your premium and any discounts currently on your policy. Questions? ~ Allstate ® ~~ - Important notices Policy number: 927 224 739 Policy effective date:November 4, 2023 X2 1 01 0 07 4 23 0 9 1 4 A E 0 4 6 8 1 0 0 0 0 0 0 9 2 7 2 2 4 7 3 9 2 3 0 9 1 4 A E 0 4 6 8 1 A U T AU T R2 4 C A 20 2 3 0 9 1 4 0 5 2 1 5 1 02 A- 00 4 6 8 1 -01 0 -0-02-00 Page 3 of 3 If you think you may qualify, have any questions regarding the Good Driver Discount or your coverage in general, please feel free to contact your Allstate agent or representative. X73866 Leading and Managing Meetings Final Audit Report 2024-01-17 Created:2024-01-17 By:Andy Schramm (AndyS@Cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAOcUJpF6ISzZopKcoDTgmMGwydd19pJ9q "Leading and Managing Meetings" History Document created by Andy Schramm (AndyS@Cupertino.org) 2024-01-17 - 0:52:30 AM GMT Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-01-17 - 0:58:05 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-01-17 - 1:14:46 AM GMT - Time Source: server Document emailed to Charles "Chappie" Jones (chappiejones@gmail.com) for signature 2024-01-17 - 1:14:48 AM GMT Email viewed by Charles "Chappie" Jones (chappiejones@gmail.com) 2024-01-17 - 1:31:32 AM GMT Document e-signed by Charles "Chappie" Jones (chappiejones@gmail.com) Signature Date: 2024-01-17 - 1:34:10 AM GMT - Time Source: server Document emailed to Chris Jensen (christopherj@cupertino.org) for signature 2024-01-17 - 1:34:12 AM GMT Email viewed by Chris Jensen (christopherj@cupertino.org) 2024-01-17 - 1:40:02 AM GMT Signer Chris Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-01-17 - 1:41:14 AM GMT Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-01-17 - 1:41:16 AM GMT - Time Source: server Document emailed to Pamela Wu (PamelaW@cupertino.org) for signature 2024-01-17 - 1:41:18 AM GMT Email viewed by Pamela Wu (PamelaW@cupertino.org) 2024-01-17 - 2:03:37 AM GMT Document e-signed by Pamela Wu (PamelaW@cupertino.org) Signature Date: 2024-01-17 - 2:06:12 AM GMT - Time Source: server Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-01-17 - 2:06:15 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-01-17 - 2:12:21 AM GMT Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-01-17 - 2:12:31 AM GMT - Time Source: server Agreement completed. 2024-01-17 - 2:12:31 AM GMT