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15-074 Mimi Braatz & Associates for Environmental Education Center OpeningCITY OF El CUPERTINO FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MIMI BRAATZ AND ASSOCIATES FOR PROFESSIONAL SERVICES This First Amendment to the Consultant Services Agreement between the City of Cupertino and Mimi Braatz and Associates, for reference dated August 24, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Mimi Braatz and Associates, a California corporation, whose address is (hereinafter" Consultant"), and is made with reference to the following: RECITALS: A. On June 18, 2015, an agreement was entered into by and between City and Mimi Braatz and Associates for signage and graphics design services relating to the opening of the City's Environmental Education Center (hereinafter "Agreement"). B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. SERVICES TO BE PERFORMED section of the Agreement is modified to read as follows: Consultant shall perform services set forth in Exhibit A of the Agreement and the further services set forth in Exhibit A-1, which is attached hereto and incorporated herein by this reference. 2. COMPENSATION section of the Agreement is modified to read as follows: The maximum compensation to be paid to Consultant under this agreement shall not exceed Seven Thousand Dollars ($7,000.00). The rate of payment is set out in Exhibit C-1, which are attached hereto and incorporated herein. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. City of Cupertino -Mimi Braatz & Assoc. Amendment No. 1 Page 1 of2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Mimi Braatz and Associates Title PMlup-e Date '6fai J L( City of Cupertino -Mimi Braatz & Assoc. Amendment No. 1 CITY OF CUPERTINO A Municipal Corporation By fit:Likr-'7 Director ,f.!... Recreation and Community Services{L:arol Atwood APPROVED AS TO FORM: Byv ~Car~K~rade, City Attorney Page 2 of 2 ATTEST: By Sw~,'Jt' Grace Schmidt, City Clerk Cf (l r-(t l Total Amount, as amended $7,000.00 Amendment Amount $2,000.00 Amendment Acct. No. 420-90-880 900-905 ZO,SStt AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MIMI BRAATZ &ASSOCIATES FOR CONSULTANT SERVICES FOR ENVIRONMENTAL EDUCATION CENTER OPENING THIS AGREEMENT,for reference dated June 18, 2015,is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and Mimi Braatz& Associates, a sole proprietor,whose address is 651 Willow Glen Way,San Jose,CA 95125 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 conducted 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 skill, experience, ability,background, certification and knowledge 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 design,photography, and graphics for printed materials,plaque, and related tasks upon the terms and conditions herein. NOW,THEREFORE,it is mutually agreed by and between the undersigned parties as follows: 1.TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on January 31,2016,unless terminated earlier as set forth herein. 2.SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A".titled "Scope of Services"which is attached hereto and incorporated herein by this reference. 3.SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4.COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Five Thousand Dollars ($5,000.00). The rate of payment is set out in Exhibit C, titled Compensation",which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date,percent complete and amount due. Agreement between City of Cupertino Page 1 of 11 and Mimi Braatz&Associates 5.TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6.STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7.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 terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None 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 employces or agents. Deductions shall not be made for any state or federal taxes,FICA 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. S.IMMIGRATION REFORM AND CONTROL ACT (IRCA): 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 IBCA 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. 9.NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable 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. 10. PROTECT COORDINATION CITY:Director of Recreation and Community Services shall be representative of City for all purposes under this Agreement. Gail Seeds is hereby designated as the Director of Recreation and Community Serivices' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Mimi Braatz. 11. HOLD HARMLESS: Indemnification: Agreement between City of Cupertino Page 2 of 11 and Mimi Braatz&Associates A. Claims for Professional Liabilitv. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall,to the fullest extent allowed by law,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, that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City,its agents or employees. B. Claims for Other Liability. Consultant shall,to the fullest extent allowed by law, 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, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shad include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. 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 12A,B, 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 thirty(30) days' advance written notice to the City of Cupertino by certified mail,Attention:City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required 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) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: 500,000 each occurrence 1,000,000 aggregate-all other Property Damage: $100,000 each occurrence 250,000 aggregate Agreement between City of Cupertino Page 3 of 11 and Mimi Braatz&Associates If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown 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 Liam Professional liability insurance which includes coverage for the professional acts,errors and omissions of Consultant in the amount of at least$1,000,000. B. 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 insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants 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 time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law 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,employees and volunteers shall be named 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 portion of any loss,or expense of any nature on this policy or any extension thereof. Any 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 policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. 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 be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2,Division 6,Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant 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 without said consent shall be null and void, and any Agreement between City of Cupertino Page 4 of 11 and Mimi Braatz&Associates assignee, sublessee,hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. However, claims 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 any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member 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(50%)or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in 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 proof 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 work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant,at his/her sole expense, shall obtain and maintain during the term 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. 17. REPORTS: A. Each and every report, draft,work product,map,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 copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report,information 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. All Reports prepared by Consultant may be used by City in execution or implementation of: 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 printed on 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. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables.Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats.City holds Consultant harmless for any modifications to the documents. Agreement between City of Cupertino Page 5 of 11 and Mimi Braatz&Associates 18. RECORDS: Consultant shall maintain complete and accurate 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 same, and to make transcripts therefrom as necessary, and to allow inspection of all work, 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(3)years after receipt of final payment. If supplemental examination or audit of the records is-necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls,or other breach of contract or failure to act in good faith,then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands,requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail,postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands,requests,or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino'CA 95014 Attention: Director of Recreation and Community Services All notices, demands,requests,or approvals from City to Consultant shall be addressed to Consultant at: Ms.Mimi Braatz. Mimi Braatz &Associates 651 Willow Glen Way San Jose,CA 95125 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default,specifying the nature of such default and the steps necessary to cure such default,City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause,of terminating this Agreement by giving seven(7) days'prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination,. In the event of termination, Consultant shall deliver to.City, copies of all reports, documents, and other work performed by Consultant under this Agreement. Agreement between City of Cupertino Page 6 of 11 and Mimi Braatz&Associates 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State 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 laws,orders, rules, and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara,State of California. 23. ADVERTISEMENT: Consultant shall not post,exhibit, display or allow to be posted,exhibited,displayed any signs, advertising, show bills,lithographs,posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: 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 any other term, covenant, or condition contained herein,whether of the same or a different character. 25. 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. 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee,which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition.to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 27. INSERTED 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 is not correctly inserted,the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS: The captions 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. Agreement between City of Cupertino Page 7 of 11 and Mimi Braatz&Associates P.O. No.: IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO Mimi Braatz &Associates A Municipal Corporation AB B yY11 Mimi raat Carol Atwood,Director of Recreation & Community Services Title ,P Date ( 2,711 Date 61,11411t Tax I.D.No.: j-1 7f'S APPROVED AS TO FORM: Address: 651 Willow Glen Way San Jose, CA 95125 lwkk-- Carol Korade, City Attorney ATTEST: Grace Schmidt,City Clerk Contract Amount:$5,000.00 Account No. : /,OZ -40 Agreement between City of Cupertino Page S of 11 and Mimi Braatz&Associates EXHIBIT A SCOPE OF SERVICES Services are anticipated to consist of tasks noted below which are intended to support the Dedication Ceremony and opening of an Environmental Education Center and renovated Blacksmith Shop at McClellan Ranch. TASK 1A Provide project management, design of invitation, envelope, parking pass, program, and flyer/advertisement in 2 different sizes. Invitiation is to include a map for parking location. Text for invitation to be provided by City. TASK 1B Provide professional photography of Environmental Education Center and Blacksmith Shop, high quality images suitable for use in dedication and promotional materials. Provide photographic images on CDs at high quality print resolution and lower level Internet resolution. Provide aerial photography of site and provide Photoshop processing as needed. Sales tax if applicable is included in the not-to-exceed fee. TASK 2 Update map handouts for Stevens Creek Trail nad McClellan Ranch Preserve. Provide project management. Map updates to specifically include new Environmental Education Center building and relocated.Blacksmith Shope and labels. Provide high and low resolution version in pdf format or as otherwise acceptable to City. TASK 3 Provide project management, design and production-ready artwork for bronze dedication plaque. Plaque to be rectangular; finish size and mounting TBD; text to be provided by City. City to oversee production of plaque and provide installation. Agreement between City of Cupertino Page 9 of 11 and Mimi Braatz&Associates EXHIBIT B SCHEDULE Schedule for services shall be completed as follows: Complete design services for dedication print materials (Task 1 A and 1B): By September 15,2015 unless otherwise acceptable to City. Complete design services for map and handout updates (Task 2): By October 1,2015 unless otherwise acceptable to City. Provide artwork and production-ready art suitable for ordering (Task 3): August 1,2015, and per dedication schedule,unless otherwise acceptable to City. Agreement between City of Cupertino Page 10 of 11 and Mimi Braatz&Associates EXHIBIT C FEE SCHEDULE Basic Services Task 1A The fees for the scope of Task l A work tasks described in Exhibit A are as follows: Not to exceed$2,685 Task 1B The fees for the scope of Task B work tasks described in Exhibit A are as follows: Not to exceed$840 Task 2 The fees for the scope of Task C work tasks described in Exhibit A are as follows: Not to exceed$195 Task 3 The fees for the scope of Task C work tasks described in Exhibit A are as follows: Not to exceed$1,020 Basic Services Fee: Not to exceed$4,740 Reimbursable Expenses Customary reimbursable expenses such as plotting,printing,reproduction, shipping,postage, and vehicle mileage, are included in the not-to-exceed fees above. Additional Services Allowance An allowance is provided for Additional Services,to be expended only upon written authorization from City for scope that falls outside Basic Services. Additional Services allowance: $260 Total Contract Fee: Not to exceed 5 000 Agreement between City of Cupertino Page 11 of 11 and Mimi Braatz&Associates aco CERTIFICATE OF LIABILITY INSURANCE DATE( 06/1199/ 220150157 D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ozdalga, Ark Wallis and Wallis Insurance Brokers 408-293-3336 ac No: 408-293-6054 1249 Park Ave E-MAIL ADDRESS: ark@wawib.com San Jose, CA 95126 INSURER(S)AFFORDING COVERAGE MAIC# INSURER A• USLI INSURED INSURER B. Mimi Braatz and Associates INSURER C: 651 Willow Glen Way INSURERD: San Jose, CA 95125 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DD POLICY EFF MMIDDOLICY EXP LIMITSLTRVD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 63930 A 06/11/2015 06/11/2016 DAMAGE TO RENTED 100,000PREMISESEaoccurrence $ CLAIMS-MADE I—XI OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS-COMP/OP AGG $ X POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION$ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Ocurrence 1000000 A Professional Liability 63930 A 06/11/2015 06/11/2016 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured: City, its City Council, boards and commissions, officers, employees and volunteers Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named below, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 791111INNOMEt -, -1 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 1001343 LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED Wallis and Wallis Insurance Brokers Mimi Braatz and Associates POLICY NUMBER 651 Willow Glen Way San Jose, CA 95125 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORMA IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITSLTRINSINSRWVDPOLICYNUMBERMM1DDM1DD Gen Aggregate 1000000 A Professional Liability 63930 A 06/11/2015 06/11/2016 ACORD 101(2008101) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i Confirmation of Liability Coverage AAA Members Car Policy AAA Northern California,Nevada&Utah Insurance Exchange PO Box 22221,Oakland,CA 94623-2221 AUT=UCY BER NAME AND ADDRESS 9 00267957 EFFECTIVE DATE 10-18-2014 MARK BRAATZ AND MAUREEN SHE.RMAN-BRAATZ EXPIRATION DATE 650 WILLOW GLEN WAY 10-18-2015 SAN JOSE CA 95125 Named Insured: MARK G BRAATZ AND MAUREEN SHERMAN-BRAATZ The policy of automobile insurance includes the coverages and limits of liability as shown below. The policy WWII expire on the date shown unless canceled by the Insured or by the Exchange prior thereto, DESCRIPTION OF AUTOMOBILE(S) MAKE YEAR VIN FORD 1996 50291 VOLVO 2001 41439 JEEP 1995 53470 LIABILITY COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIMIT LIMITS OF LIABILITY Each Person/Each Occurrence Each Occurrence 500/500 100 5001803012011 PASSPORT Name Chance Endorsement CSAA insurance Exchange tn lrraTfte PO Box 22221,Oakland,CA 94523-2221 f We're now CSAR lnsurance Ezchan e,a AAA Insurer. 50-51 see ourarne©n information you`rsceive'-- lfrom us.This is a name change only and does not affect your coverage or service in any way- NAME CHANGE ENDORSEMENT Your policy is amended to change the none of the insuring Compony from. AAA NORTHERN CALIFORNIA}NEVADA&UTAH INSURANCE EXCHANGE to CSAA INSURANCE EXCHANGE This change applies wherever the name of the insurance company appears,whether in the policy or any other document related to or affecting the policy. No terrns,benefits or conditions of your policy are changed by this endorsement.'This change is effective December 1, 2013 and applies tb any renewal, reinstatement or replacement of your policy Paula I+: Downs Michael S. Day Michael J Zukerman y AlWmey in Feta Attamey in FedAnameymFad r 60 1000 1213 s s IMPORTANT NOTES All Residential Premises policies must have "personal injury" coverage, as defined in the "Definitions" section of your Personal Umbrella Policy Under the heading "Minimum Underlying limits of liability," reference is made to "per person" and "per occurrence„ limits These phrases have special meaning,as follows The"per person" limit of liability means the most that the underlying insurer will pay for all damages sustained by one person as the result of any one"occurrence" The"per occurrence" limit of liability means the most that the underlying insurer will pay for all damages sustained by all persons as the result of any one"occurrence" Occurrence" is a defined term in the underlying insurance and in the "Definitions" section of your Personal Umbrella Policy NOTICE OF OUR WFORMATION iPRISICTICES AND YOUR RIGHTS CALIFORNIA ONLY The Insurance Information and Privacy Protection Act regulates the collection and disclosure of personal information by the insurance industry While not restricting Industry access to necessary information,the law strengthens your rote in the information gathering and disclosure process When we initially determine if we can insure you or when we perform an insurance transaction on your existing policy, we primarily use the information you have given us, but we may use other sources, such as the State Department of Motor Vehicles We are allowed to disclose personal or privileged information without your authorization only in circumstances permitted by law You have the right to see and,if necessary,correct personal information If you would like a more detailed description of our information practices and your rights,please write us at AAA Northern California,Nevada&Utah Insurance Exchange Attention Underwriting Services PO Box 22221 Oakland,California 94523-2221 Consumer Complaint Information Should you have a problem with your policy which you cannot resolve by contacting your local AAA office,please call the AAA Customer Service Center to secure additional information or assistance. The toll free number at the Customer Service Center is 800-922.8228 Whenever your local AAA office or the AAA Customer Service Center has been unable to assist In resolving a consumer complaint regarding your policy,the following California state agency may be contacted to assist you- California Department of insurance Consumer Services Division 300 South Spring Street Los Angeles,CA 90943 Toll free telephone(880)927.4357 You should contact the Department of Insurance only after you have first attempted to resolve your problem through the AAA Northern Calf fornia,Nevada&Utah Insurance Exchange AUTOMATIC RENEWAL-Thu polity will be renewed automatically subject to the premiums, rules and forms In effect for each succeeding policyPersonaIUmbrellaperiodIfourrulesdonotallowthispolicytoberenewed,we%mel gore you Policy Declarations written notice as required by law. AAA Northern California.Nevada&Utah MEMBERSHIP NWBER UMBRELLA POLICY NUMBER Insurance Exchange PO sox 22221,Oakland,CA94623.222t 751-65-69-6 PUP-07-40_34-0 NAMED tNSUREDts1 AND MAILING ADORES$ 11/10/2014 11/10/2015 BRAATZ MARK/SHERMAN-BRAATZ MAUREEN POLICY PERIOD-FROM TO 651 WILLOW GLEN WAY 12 01 A M STANDARD TIME AT the address of the named insured(s)as SAN 2705E CA 95125 stated herein,or on the date and time shown in the application for this policy, whichever Is later, provided that all premiums required are paid when due and subject to all applicable provisions of this policy POLICYHOLDER COPY R=WAL ALT ( 4 0 S)998-0796 " REP Do RFP No PROCESSOATE NOME ( 408)781-5954 57 06 778 09/10/2014 UNDERLYING INSURANCE This policy Is issued in reliance on representation of the Named Insured(s)listed above that valid and collectible underlying Insurance as shown In this section is now in force,and will at all Mmes be In force,In at least the amounts shown,for each auto,watercraft,and recreational motor vehicle(including motorcycles)owned,leased by or furnished or available for regular use by you or any resident of your household,and for all residential premises owned,leased by or teased to any insured An explanation of important terms appears an the reverse side of these Declarations Defined words appear In the Definitions section of the Policy MINIMUM UNDERLYING UMF[S OF LIABILITY UNDERLYINGMINIMUM INJURYCOVERAGESt>er Pef9w and PROPERTY DAMAGE and PERSONAL INMtY Or COMBINEDSrBtGU:UMSF per occurrence pec Q=rfeme per affeme pet acwntrim Residential Premises SSOO.wol 500,000!5500,0041 500,000 500.000 500,000 1500,000 500,000 Auto 3500,0001 S100,000 3500,0005500000 Employer's Uabl6ty 3104000 100,000 100.000 100:000 Recreational Motor Vehicle Liability S500,000t includes motorcycles,golf carts, 5500,000 5100,000 500,000 snowmobiles,traders) Watercraft Uabdrty 5500.000!500;400f 500,000 500,000 504,040 500.000 PERSONAL UMBRELLA COVERAGES AND LIMITS OF LIABILITY PREMIUMS NUMBER REVISION DATE POUCY AND ENOMEMEWS ISSUES?to YOU BY us F1195C 04/2005 PERSONAL UMBRELLA POLICY LIMITS OF LIABILITY: $1,000,000 58 tsw cA 10012010