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12-051 Acterra, Agreement for Consultant Services for Green@Home ProgramAGREEMENT TWEEN °THE CITY OF CUPERTINO AND ACTERRA FOR CONSULTANT SERVICES FOR THE GREED HOME PROGRAM THIS AGREEMENT, for reference dated April 17„ 2012 is by and between CITY of CUPS TINo, a municipal corporation (hereinafter referred to as "City"), and ACT1A, Anon- profit organization whose address is 3921 East Bayshore road, Palo Alto, CA 94 3 o 3 -(hereinafter referred to as "Consultant" , and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California With the power to carry on -its business as it is now being condueted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the shill, experience, ability, background, ground, certification and I xo vledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire -to enter into an agreement for upon the terms and conditions herein. IoW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1 TERM: The terra of this Agreement shall commence on April 17, 2 12and shall terminate on June 30, 2012,5 unless ter"Mrnated earlier as set forth herein. 2. SERVICES To BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" hick is attached hereto and 'incorporated herein b y this reference, 3. COMPENSATION T CONSULTANT: Consultant shall be compensated for services perforr ed pursuant to this .Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the General farad, Accor t # 110-3 700 -7014. 4. TIME IS OF THE ESSENCE:. Consultant and City agree that time is of the essence n re ardi the performance of g p this Agreement. 5. STANDARD OF CA Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of life professionals in the San Francisco Bay Area and agrees that all services shall he performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are 'under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terns of this Agreement. No civil service stags or other right of employment va*I1 be acquiredby virtue of Consult ar�t.f s services. lone of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, F1 CA payments, PERS . payments, or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 76 IMMIGRATION REFORM AND CONTROL ACS I C . Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees - performing- work hereunder, pursuant to all applicable 11CA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unap eee table employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation Will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS. Indemnification: Consultant shall, to the fullest extent allowed by lave, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City' s choice, expert fees and all other costs and fees of litigation. 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10 , B5 C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement. 'Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thin 30 days' advance written notice to the City of Cupertino by certified mail, .Attention': City Manager. It's agreed that Consultant shall maintain in force at all times during the erfonnance of this ,Agreement all appropriate coverage of insurance rewired by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage; (1) Workers' Compensation: , . Statutory coverage as required by the State of California. (2) Liabi1 Commercial general liability coverage in the following minimum limits: Bodily Injury: 0000 each occurrence 1, ONO aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of I ,000,1000 will be considered equivalent to the required minimum limits show. above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits; Bodily Injury: $500,000 each occurrence Property Damage: 100,000 each occurrence or Combined Single Limit: $500.,000 each occurrence (4) Professional Li i11 ; Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. I. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability nsurance Consultant � t shall look solely to his/her insurance for recovery. Consultant hereby rants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE To SECURE: If Consultant at any tirrxe during the terra hereof should fail to secure or maintain the foregoing insurance, City shall be pern fitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be corn e sated tie Consultant y sultant for the costs of the insurance premiums at the maximum rate y errnitted law p and computed from the date written notice is received that the premiums have not been paid, D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, y em p i ees and volunteers shall be ruined as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such. additional insured. An additional. insured named herein shall not be held Liable for any premium, deductible ortion of p y loss, or expense of any nature on this policy or any extension thereof, An y other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this p olio .. E. SUFFICIEA NCY of INSURANCE: The insurance limits required by City are not represented as being sufficient to rote � r protect Consultant. Consultant is advised to confer with Consultants insurance broker to determine adequate coverage for Consultant. 11, CONFLICT of INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may e required to fill out conflict ct of interest form if the services provided under this Agreement r uire 'Consultant to mak s 1 certain govemmental de i sions or serve in a staff capacity as defined in Title 2, Division Section 1 8700 of the California Code of Regulations. 1. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this g reement or any interest ,therein, directly or indirectly, by operation of lave or otherwise,, without p rior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assigmment, hypothecation or transfer. However, cla,ims for money by Consultant from City under this Agreement may be assigned to a bank trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of an y of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint ve��.ture p or syndicate r� ember or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant shall be construed as an assignment of this ,Agreement.. Control means fifty percent 0% or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish pr of° of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any wor1c or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMI'T'S AND LICENSES: Consultant, at his /her sole expense, shall obtain and maintain during the tern of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: A. Each and every report, draft, work product, niap, record and other document, hereinafter collectively referred to as "Report ", reproduced, prepared or caused to be prepared, by Consultant pursuant to or in connection with this .Agreement, shall be the exclusive property of City. Consultant shall not a copyright Report g � p required. by this Agreement and shall execute appropriate documents to assign. to Cit y the copyright to Reports created pursuant to this Agreement. Any Report, infor-rnation and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. Ali. Reports prepared by Consultant may be used by City in execution or implementation oft (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the -original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be rinted on a recycled. paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 1. RECORDS: Consultant shall maintain complete and ceurte records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance. with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit sane, and to make transcripts therefrom as necessary, and to allow inspection of all wort, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three ears after receipt of final payment. If supplemental examination or audit of the records i effective date of termination. 19. UTILITIES Consultant shall pay all charges for fuel, gas, water, electricity, telephone services and any other utilities necessary to carry on the operations of Consultant. 20. NUISANCE Consultant shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. 2I . SAFETY REQUIREMENT All wort perfonned under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL - OSHA.. City reserves the right to issue restraints or cease and desist orders to Consultant when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Consultant shall maintain the Work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Consultant which is not a result of his or her operations, shall immediately be reported. to City. y 2. COMPLIANCES. Consultant shall comply with all state or federal laws and, all ordinances rules and .regulations enacted or issued. by City. 23. CONFLICT OF LAW, This Agreement shall be interpreted under, and enforced by the laves of the S�.at - J1t e of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laves, orders, nrles, and regulations of the authorities having j-ur°is ircti n over this Agreement or the successors of those authorities.) Any suits brought pursuant to this Agreement shad be filed with the courts of the County of Santa Clara, State of California. 24. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited displayed any signs, advertising, show hills, lithographs, posters or carols of any bind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVES.: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or an other condition tern, covenant, o condition contained herein, whether of the sane or a different character. 26. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No 'verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 7. INSERTED .T PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. if through mistake or otherwise, any such provision is not inserted or i <2> Acterra Acterrg 3921 East Bayshore Road Palo Alto$ CA 94303 -4303 EXHIBIT A tel (380.962.9876 fax 660,962,8234 www.Acterra.org info@Acterrai.org "N August 31, 2011 Revised 31912012 Scope of Worl for cterra's Green @Home I eigh4 rh od- Focused Residential Energy Eff ic! e ncy Program 1 i Cu partl no, FY 2011,12 Program Cost; $20,000 I. introduction Act rro w111 continue its work w1th the My of - wperflnc, the Orograrn =t of $20,000 supports on_'golng staff Ing and supplles for FY 2011-12, The program's overhood and admInistrative costs are shared l-th other clues tW are also contlnul ng Frith G reen 6 Hc rn e d u rl ng th 18 fIscal year, T Is document outlines the Scope off. Work for A terra's contact with the My of Cupertino for FY 2011 -1. ' li. Scope of Work Acterra will conduct the following services for the City of Cupertino during the 12 months starting July 1, 2011: 1. Pro g ram Planning a. Acterra will work-with City of Cupertino staff to develop mutually agreed upon' schedule nd suite of materials to support neighborhood - focused training, outreach, n neighborhood -based HouseCalls. 2. Training- a. Acterra staff will conduct at least one two- pa rt voI unteer traIWIng class in Cupertino with goal of training at least 10 more Cupertino residents and students, Including upertino's Climate Corps member, to perform Green @HoMe Hou a ally. Trained volunteers from other cities also are available to conduct Hou eCalls in Cupertino. The City of Cupertino will provide the venue, required city erh pl yee support, and light refresh m ents for~ each of the ening training sessions. b. Acterra staff will conduct at least o e comm unity outreach volunteer training In Cupertino with the goal of training at least 10 more Cupertino residents and students, inclydins Cupertino's Climate Corps member, to perform outreach functions such as drafting ne sl tt r articles, creating rardlo and television public servl'ce announcements, tabling at community environmental festivals, hosting educational Information sessions at block Parties, etc. Trained community outreach volunteers from other cities are also av llable to support outreach activities in Cupertino. The City of Cupertino will pro ode the venue, required city employee support, and light refreshments for each training sessions, c. Green @Home staff will work with city staff, community organI ations and local businesses to offer at least two educational workshops s for neighborhood leaders and/or commun1ty mernbors at large. one workshop wilifocus on basic do-it-yourself (DIY} h.orne energy f# i':IT�flT1 efficiency techniques and the other workshop will be about assessing whether a home is suitable for PV solar r installation. 3. Outreach a. Acterra will continue to work with Cupertl~no City staff to publicize the program. This may 1 nvo lve'a nothe r~ doo r -t -d or flye r distribution eve nt and staffing block parties ire areas not previously covered. The City is requested to provide supporting City staff, contractors or volunteers to ensure adequate event coverage. b, At the end of every HouseCall, Acterra will offer residents a city-provided folder containing City - selected materials ref&enclng City or local environmental services such as hazardous waste collection, electronics recycling and water conservation and grant, rebate or incentive programs including Energy Upgrade Santa Clara Counter. c, Acterra staff will work with the City of Cupertino staff, local media, neighborhood associations and other community organizations to publicize the program throughout the year and offer recognition to volunteers and participating residents. d. G reen@Home staff wlII endeavor to visit the meeting of each Cupertino neighborhood association, defined in partnership with the City, once during the year to Inform them about the program and solicit their participation. e. In all cases, Green @Nome staff will notlfy the City of its' scheduled outreach events at least weeks In advance of the hosted evert bloc) party, H A meeting, etc.) or material distribution event, so that the C[ty may .offer support resources and, If 'necessary, staff i n 'go I u ntee rs . f. In all cases, Green @Home staff will have consent from the property owner where the event is to be h ld and support of the City befo -re attending or hosting said events. g. Should the education or informational distribution evert be hosted on City property, Acterra acknowledges that the City has a permit requirement for all organizations tabling on its properties and will, therefore, work with staff' to obtain the required permit so as to ensure Compliance with this City policy. 4. Activities a. Trained HouseCall volunteers will visit at l 'east Cupertino homes ( HousoCalls per' oath) to install basic energy-saving devices and complete a residential energy audit. Residents who receive a HouseCall audit will be offered a colorful yard window sign to publicize their commitment itr ent to energy conservation. b. Acterra will ma ke follow -up Bails to residents to determine whether they wont ahead with suggested conservation recommendations and their written commitment to 'make such further changes. Data -from these follow up surveys will be provided to the City, c. To support the City's Environmental Affairs Division in its goal to facilitate broader participation lei the City's environmental programs, Acterra will work with City staff to engage neighborhoods, to promote the suite of envirDn ental services offered by the city, Including energy efficiency, water conservation, aind materials management (recycling compost). To this aim, Acterra will implement the "Neighbors" program with a mini' um of two neighborhoods. di* To further support+the City's goals for comm Unity engagement, Acterra w.i1l pilot and implement a "'blitz" program in a m'Inir urri of I neighborhood and 3, r ulti -far it r housing corple in Cupertino, It is understood that this "blitz" program can supplement or substitute the "Neighbors" program described above, and Act rr4a's agreement only requires the organization to engage a minimum of two neighborhoods in this fiscal year, EXHIBIT A 5. Reporting a. Acterra will prepare one annual report to the My of Cupertino detailing the success of the prog ra m at the close of the fiscal gear (June 30, 2012 )+ ThIs will be due by Ju ly 30, 20 12. III Support Requested from the -City of Cupertino As part of this agreement, the City will{ 1. Provide funding for the program as indicated. 2. Continueto provlft folder packets containing Information on Cupertino environmental programs and resources to be given to each resident receiving a Housecall, 3. Continuo to provide venues, light refreshments, and required City+ staff support for-traInIng and outreach events, 4. Continue to provide program outreach assistance in the form of: a. Notl e In City publications and on the City web site of trainings, outreaph events, and neighborhood outreach* b. Press releases about Green@Horne and related everts* . City -wide announcements In city publications` d. Information and lints on City website* e. Access to City staff to coordinate and develop outreach ca mpaigns. 5. eterra welcomes direction from the City regarding rit rl -a to determine which homes /neighborhoods should be the highest priority for outreach activities, 6. (Optional, but very helpful) Storage of Green @Home supplies for serving the Cupertino community at least a 10 x 10 ft storage sparse with easy access during work days), ' Acte rra will provide content for the C Ity to include ire the aforementi nod resources. A+ `" ` CERTIFICATE OF LIABILITY INSURANCE DATr: (M MIDDtYYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THS COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DUES NOT CONSTITUTE A, CONTRACT BETWEEN THE ISSUING INSURER{ }# AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL, INSURED, the policy (Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifleate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER PHILADELPHIA INSURANCE COMPANIES MA UIRE INSURANCE 2300 CLAYTON ROAD, SUITE 1330 CONCORD, DA 94620 CONTACT NAME --- -- � � �,� ; FAX � RESS: INSURR R(S AFFORNNG COVEPAGE NAIC # INSURER A. PHILADELPHIA INDEMNITY INS CO 18058 INSURED A TER A: ACTION FOR A HEALTHY PLANET 3921 EAST BAY H F E PALO ALTO, CA 94303 INSURER D, 05/30/2011 INSURER EACH OCCURRENCE INSURER D; PREMI E ERENTED nce) IN URER E: IVIED EXP (Any one person) INSURER F: PERSONAL & AOV INJURY COVERAGES E CERTIFICATE NUMBER.: 100046 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ITHSTAI DIN ANY REQUIREMENT, EI ENT, TE 1 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 SHOWN MAY HAVE BEEN REDUCED ED B PAID CLAIMS. ILTR TKEF INSURANCE AppDL I NSR BR D POLICY NUMBER POLICY MMlDDlY YY POLICY E� MMIDD/YYYY LIMITS A GENERAL LIABILITY X OMMERCIAL ENERAL LIABILITY' CLAIMS -MADE I...`...`_ _I OCCUR PHPK71 38 05/30/2011 5/301201 05/30/2012' EACH OCCURRENCE $ 1 00 ,000 PREMI E ERENTED nce) 1,00 ,00 IVIED EXP (Any one person) 6,000 PERSONAL & AOV INJURY $ 1,000,000 GENERAL AGGRECATE X00 ,00O OENIAGGREGATELIM11' APPLIESPEI : Ell pLICY pRO- LO PRODUCT - COMNOP AGCY 2X00,000 _$ A AUTOMOBILE X LIABILITY ANY AUTO U70 E x AUTOSULE HIRED AUTOS Al]T H D PHPK71 5836 05/30/201105/30/2012 (Ea accident) $ 1 0000,000 BODILY INJURY (Per person) BODILY INJURY (per accident) tP ° &c i ettDAMAGE $ $ A UMBRELLA LIAR EXCESS LIAR_ X o UI CLAIMS -MADE PH B34410 05/30/201105/30/2012 EACH OCCURRENCE 2,000,000 AGGREGATE $ 21000,000 DES 1 X RETENTION $10,000 $ WORKERS OOMMSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXE UT1VJ - I (Mandatory In NH) EXCLUDED? If yes, describe under L ESCRiPTION OF OPERATIONS helcw NIA TORY L TU .,..,..._. E. L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DI EA E . POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is -required) T ^� CITY, ITS CITY COUNCIL, BOARDS AND r111MI I , OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED IN RESPECTS BEING A FUNDING SOURCE PER THE ATTACHED CG2005 ENDORSEMENT THE IN LI RANGE IS P I MARY, NOW CONTRIBUTORY AND WAIVER OF SUBROGATION AS STATED IN FORM CGOOO 1 1N-THE POLICY. CERTIFICATE HOLIER. CANCELLATION CITY OF CUPERTINO 10300 TI RE AVE CUPERTINO CA 95014 ATTENTION: CITY MANAGER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988 -2010 ACORD CORPORATION. All rights reserved, ACORD (201010) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: : PHPK71 MI1 ERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD IT CAREFULLY. ADDITIONAL INSURED - CONTROLLING INTEREST This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization CITY OF CUPERTINO CITY, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS 10300 TORRE AV. CUPERTINO CA 95014 If no entry appears above, the information required to complete this endorsement will be shorn in the Declarations as applicable to this endorsement.) 1. WHO IS INSURED (Section II ) is amended to b. Premises they own, maintain or control while include as an insured the person or organization you lease or occupy these premises, shorn in the Schedule but only with respect to 2. This insurance does not apply to structural liability arising out of: alterations, new construction and demolition a. Their financial control of you; or operations performed by or for that person or organization. G 20 05 11 85 Copyright, Insurance Services Office, Inc., 1984 11 ACCPR" C TIFICATE OF LIABILITY INSURANCE F DATE (MMIDDNYYY) 5/11/201.2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE . POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If thG certificate holder is an ADDITIONAL INSURED, the poli.oy (les) midst be endorsed. If SUBROGATION IS 1 AIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER e Insurance Services, Inc. Member of PTTB PO Box 629 Santa Cruz CA 95061 CONTACT ShaWn liar ris NAME: [(A/C.Ng.EXt1. PHONE 4 5- 40 338-7 277 A/ No: X888) E-MAIL sha nhC s eelbric eins. aom ADDRESS: INSURER(S) AFFORDING COVERA 8 NAIC 4 INSURERA :Travelers CtTP2RT1N0j CA 95014 INSURED A terra 3921 E. Bayshore Rd. Palo Alto CA 94303 -4303 INSURIWR B :Preserver 1nsur n e Ln an IN URERO: EACH OOOURR NOE INSURER D DAMAGE TO RENTED PREMISES Iwo occur enoo INSURER E MEIN EX E' (Any One person) INSURER F: PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER :CL1 51103 785 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIO'S PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, E LENT, TERM OR CONDITION OF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT` TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SH OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE A DL MD_ POLICY NUN48 R MM�DDI'YEYYY MM /D!D1 P LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY COMMERCIAL. GENERAL LIABILITY CLAIMS-MADE El ODOUR OE;N'L AGG REOATE LIMIT APPLIES PEI ; 7 POLICY F LOO CtTP2RT1N0j CA 95014 EACH OOOURR NOE $ DAMAGE TO RENTED PREMISES Iwo occur enoo MEIN EX E' (Any One person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - OOMPIOP AGO $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS OME31NED SINGLE LIMIT Pa accident BODILY INJURY (Per person) BODILY NJUR (Per accident) $ PROPERTY DAMAGE Per a ddent $ UMaRELLA LIA.B EXCESS LIAR ODOUR LAIM8 -MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORYPARTNER/EXECU'l ivE OF I EWMEMBER EXCLUDED? (Mandatory In NHS If yes, deadbe under (DESCRIPTION OF OPERATIONS below NIA � D0�.4�4�1] 01 �. 0�,1 7/1/2 012 WC STATU4 OTH- TQEY LIMI18 ER__ E.L. EACH ACCIDENT 110000000 E.L. DISEASE - EA EMPLOYE $ 111000,000 E.L. DISEASE - POLICY LIMIT 1. 0 0 0 , 0 0 p Professional Liability 105018795 10/6/2009 10/6/2012 $1,000,000 DESCRIPTION! OF OPERATION S I LOCATIONS I VEHICLE (Attach ACORD 141, Additional Remarks Schedule, If more space Is required) Proof of Coverage Only. r..1= T1P1 ,A TF I-11 1.I11RR CANCELLATION ARD 25 (2010/05)- IN SO 214 1901nnrini 1988 -2010 ACORD CORPORATION. Al rights roserved. Tha At'.(W11 nnma nnrl Innn zw% reknicfairar# m!:arrkQ of A1''00r) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, T�`"S D ' 7P I 'I'1 ''RA, 0 TTY AUTHORIZED REPRESENTATIVE 10300 ��P,� CtTP2RT1N0j CA 95014 ARD 25 (2010/05)- IN SO 214 1901nnrini 1988 -2010 ACORD CORPORATION. Al rights roserved. Tha At'.(W11 nnma nnrl Innn zw% reknicfairar# m!:arrkQ of A1''00r)