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17-001 Anita Yee NO.-It\17 bbd 60 10 b FY 17-18 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ANITA YEE FOR FITNESS INSTRUCTOR THIS AGREEMENT,for reference dated THURSDAY,JUNE 1,2017,is by and between CITY OF CUPERTINO,a municipal corporation(hereinafter referred to as"City"),and ANITA YEE, a CA SOLE PROPRIETORSHIP,whose address is hereinafter referred to as"Consultant"),and is made with reference to the following: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials:FITNESS INSTRUCTOR.Services are further described in Exhibit"A". B. TERM. The term of this Agreement shall commence on 7/1/2017,and shall terminate on 6/30/2018,unless terminated earlier as set forth herein. C. COMPENSATION.. Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth below and as described in Exhibit"A"which is attached hereto and incorporated herein by this reference.Compensation shall consist of the following:$38 per 60 minute class.The total compensation to the Consultant shall not exceed$2,500.00. D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement: ® EXHIBIT A-Scope of Services ® EXHIBIT B-Acknowledgement of Mandated Reporting Requirements, Receipt of Training,and Receipt of Penal Code Statutes.Required for any consultant working with minors. ® EXHIBIT C-City of Cupertino,Consultant Declaration.Required for any consultant working with minors. GENERAL TERMS AND CONDITIONS, 1. HOLD HARMLESS; 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,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. In addition to the obligations set forth above,Consultant shall indemnify,defend,and hold the City,its elected and appointed officers,employees,and volunteers,harmless from and against any Claim in which a violation of intellectual property rights,including but not limited to copyright or patent rights, is alleged that arises out of,pertains to, or relates to Consultant's negligence,recklessness or willful misconduct under this Agreement. 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. 2. SUBCONTRACTING; FY 2017/2018 Short Form Agreement less than$5,000 1 1 Consultant has been retained due to their unique skills and Consultant may not substitute another,assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained,only those people whose names are listed this Agreement shall be used in the performance of this Agreement. 3. ASSIGNMENT: Consultant may not assign,transfer,or subcontract this Agreement or any portions thereof, without prior written consent of City. 4. ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS AND, CONCUSSION PROTOCOLS AND TRAINING: A. Mandatory Reporting and Fingerprinting,and Consultant shall comply with the requirements of California Penal Code 11164-11174.3 and as set forth in Exhibit'B"which is attached hereto and incorporated herein by this reference. B. Concussion Protocol: Consultant shall comply with all requirements of AB2007,including those outlined in Health and Safety Code Section 124235,et seq.including concussion evaluation,removal from play,and return to play protocols. (Resources are available at the Center for Disease Control&Prevention.htt-os://www.cdc.aov/headsuv/index.html) 1. Consultant shall provide each participant with a concussion information sheet,which may be in the form as attached as Exhibit C-1. Consultant shall ensure each participant signs and returns the form as required by Health and Safety Code Section 124235;and 2. Consultant shall require all coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person,before supervising a participant. Consultant shall offer training,educational materials,or both to each consultant administrator on a yearly basis. (Training resources are available at the Center for Disease Control&Prevention. https://www.cdc.izov/headsut)/l*ndex.html) 5. FINGERPRINT&TUBERCULOSIS (TB) CONSULTANT DECLARATION Consultant agrees that all individuals covered under this Agreement shall provide fingerprints for criminal background test purposes and results of TB screening,pursuant to the requirements as set forth in Exhibit"C"which is attached hereto and incorporated herein by this reference. 6. 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 the paragraphs below. 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: FY 2017/2018 Short Form Agreement less than$5,000 2 i. Workers' Compensation:Statutory coverage as required by the State of California. ii. Liability: Commercial general liability coverage,including sexual abuse and molestation coverage,in the following minimum limits: 1. Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other 2. Property Damage: $100,000 each occurrence $250,000 aggregate 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. iii. Automotive:Proof of automobile insurance required at the California statutory minimums. 7. 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. 8. TERMINATION OF AGREEMENT: 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 Consultant fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default,and in addition to any other remedy available to the City by law,the City Manager may terminate the Agreement by giving Consultant written notice thereof,which shall be effective immediately.The City Manager shall also have the option,at its sole discretion and without cause,of terminating this Agreement by giving seven(7)calendar days'prior written notice to Consultant as provided herein. Upon receipt of any notice of termination,Consultant shall immediately discontinue performance. 9. NON-DISCRIMINATION: Contractor shall not discriminate against a job applicant,employee,City employee,or a citizen on the basis of race,color,national origin,ancestry,religion,gender,sexual orientation or other protected class of such person. 10. INTEREST OF CONSULTANT: It is understood and agreed that this Agreement is not a contract of employment and,at all times, Consultant shall be deemed to be an independent Consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Consultant performs the services to be performed. Nevertheless,City may,at any time,observe the manner in which such services are being performed by the Consultant. Consultant shall comply with all applicable Federal,State, and local laws and ordinances including,but not limited to,unemployment insurance benefits,FICA laws,and the City business license ordinance. FY 2017/2018 Short Form Agreement less than$5,000 3 11. 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. 12. REPORTS AND RECORDS: 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 Contractor pursuant to or in connection with this Agreement,shall be the exclusive property of City. Contractor 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. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. Contractor 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,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. Contractor 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 Contractor receives final payment from City for all services required under this agreement. 13. CHANGES: No changes or variations of any kind are authorized without the written consent of the City. 14. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. Contractor shall obtain a Cupertino Business License and further comply with the City's Minimum Wage Ordinance as set forth in Cupertino Municipal Code Chapter 3.37. 15. AGREEMENT COORDINATOR: The Agreement Coordinator and representative for CITY shall be:Colleen Ferris,Recreation Coordinator,Recreation&Community Service Department. FY 2017/2018 Short Form Agreement less than$5,000 4 IN WITNESS,WHEREOF,the parties have caused the Agreement to be executed. ANITA YEE CITY OF CUPERTINO A Municipal Corporation By: ANI YEE By: COLLEEN FERRIS Title: FITN/ESS INSTRUCTOR Title: RECREATION COORDINATOR Date: �/ 7111 Date: 61M 17 RECOMMENDED FOR APPROVAL: (� By JE KOVERMAN tle: RE REATION SUPERVISOR APPROVED AS TO FORM: RANDOLPH STEVENSON HOM CITY ATTORNEY ATTEST: U, - GRACE SCHMIDT J �� CITY CLERK (S� EXPENDITURE DISTRIBUTION: Account No: 570-63-621-700-702 Amount: $2,500.00 FY 2017/2018 Short Form Agreement less than$5,000 5 . j i EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide FITNESS INSTRUCTOR in,but not limited to,the following programs: AERBOICS,TRX Location and Time of CONSULTANT Services: Refer to the monthly Cupertino Sports Center fitness schedule for agreed upon dates,times,and class locations. By the mutual agreement of both parties,class schedule may change. Eligible Participant Minimum and Maximums for CONSULTANT Services: Minimum: 15 Maximum: 50 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start,the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Consultant. Performance of CONSULTANT Services: City shall have no right of control as to the manner Consultant performs the services to be performed. Nevertheless,City may,at any time,observe the manner in which such services are being performed by the consultant. The Consultant shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City's Waiver of Liability form prior to taking part in the program. Consultants are responsible for supervising minors after class until a parent of legal guardian has arrived. In the event of an injury occurring to a participant,the Consultant will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. FY 2017/2018 Short Form Agreement less than$5,000 6 EXHIBIT B ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS,RECEIPT OF TRAINING,AND RECEIPT OF PENAL CODES STATUTES A mandated reporter is an individual who is obligated by law to report suspected cases of child abuse and neglect. In general, any individual who,in the ordinary course of their employment,has contact with children is a mandated reporter. Mandated reporters include child care workers,teachers and coaches. (California Penal Code 11165.7). If your job duties as an employee or an independent contractor of ANITA YEE include contact with children,you are a Mandated Reporter. Prior to commencing employment and as a prerequisite of that employment,California law requires that you sign a statement to the effect that you have knowledge of the provisions of the Mandated Reporter Law,and will comply with those provisions. (California Penal Code 11166.5). The following are the Mandated Reporter responsibilities under California law. You are also being provided with a separate informational document which includes the text of the California Mandated Reporter Law and contact information for Child Abuse and Neglect Reporting for the County of Santa Clara.Please review this information carefully and acknowledge your receipt and understanding where indicated. If you have questions or concerns about this form or your Mandated Reporter responsibilities, please contact the Recreation Supervisor at 408-777-3120. I understand that: • By virtue of my employment or independent contractor status with ANITA YEE,and because my employment requires me to have contact with children,I am a Mandated Reporter as defined by California Penal Code 11165.7. • The following situations trigger mandatory reports: a)Physical Abuse(willful harming of a child);b)Sexual abuse including sexual assault,child exploitation,pornography,and trafficking;c)Severe or General Neglect;and d)Extreme Corporal Punishment(resulting in injury). (Cal.Pen.Code 11165 et.seq.) I further understand that I may,but am not required to,report suspected Emotional Abuse. • If I reasonably suspect that a child is being abused,I must immediately make a telephone report. I must follow up with a written report within 36 hours. This report may be made to local law enforcement,or County Sheriffs Department,Probation Department or Child Welfare Agency. (Cal Pen. Code 11166(a)). • 1 am not required to,but I may,share information about suspected abuse with my supervisor or management or the parents of the alleged victim. • When I make a mandated report,I will be required to give my name. However,my identity will be kept confidential unless I either consent to disclosure or if the disclosure is made pursuant to a court order.Further,agencies investigating the mandated report may disclose my identity to one another. (Cal Pen.Code 11167(d)). FY 2017/2018 Short Form Agreement less than$5,000 7 • The following agencies and individuals receiving or investigating mandated reports may disclose my identity to one another: o Prosecutors in a criminal prosecuting or in an action initiated under section 602 of the Welfare and Institutions Code arising from alleged child abuse; o Counsel appointed pursuant to subdivision(c)of Section 317 of the Welfare and Institutions Code; o A licensing agency when abuse or neglect in out-of-home care is reasonably suspected.(Cal Pen.Code 11167.5) • I may not be disciplined,dismissed,retaliated against, discriminated against or harassed for making a mandated report of reasonably suspected child abuse. I i • As a Mandated Reporter,I have civil and criminal immunity when making a report(Cal Pen.Code 11172). • As a Mandated Reporter,it is a misdemeanor to fail to comply with Mandated Reporting laws and I can be held criminally liable for failing to report suspected abuse. The penalty for this is up to six months in County jail,a fine of not more than $1000,or both. I further understand I could be civilly liable for failure to report.(Cal. Pen.Code 11166(c)). I have been provided with a copy of California Penal Code sections 11164-11174.3(Mandated Reporter Law). I understand that I am a legally Mandated Reporter. I am aware of and understand my responsibilities under the Mandated Reporter laws of this state and am willing and able to comply. I understand that a copy of this Acknowledgement will be kept in my personnel file. ANITA YEE By: ANITA&EE Title: FITNESS INSTRUCTOR Date: FY 2017/2018 Short Form Agreement less than$5,000 8 EXHIBIT C CITY OF CUPERTINO CONSULTANT DECLARATION The undersigned does hereby certify that: 1. I am a representative of ANITA YEE;that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that ANITA YEE has complied with fingerprinting and criminal background investigation requirements with respect to all Consultant's employees who may have contact with minors in the course of providing services pursuant to the Agreement,and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. 1 declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once,either online or in person,before supervising a participant,as required by California Health and Safety Code Section 124235,et seq. 4. On a yearly basis,all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as C-1. 5. That a complete and accurate list of Consultant's employees,who may come in contact with minors during the course and scope of the Agreement,are included below. 6. All of the below mentioned employees have tested negative for TB,or X-ray results for TB,and have current documentation on file with Consultant. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of all Consultant Employees working for the City of Cupertino(if no Employees,identify"self'): self FY 2017/2018 Short Form Agreement less than$5,000 9 8. The Consultant will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. ANITA YEE By: ANITA&E Title: FITNESS INSTRUCTOR Date: ' FY 2017/2018 Short Form Agreement less than$5,000 10 Fort Wayne, IN 46804 Emz Phone 1-800-506-4856 Fax 1-260-459-5590 Insuring the world's fun! Claims 1-800-237-2917 Date :06/08/2017 Final Summary Fitness Instructors Insured Information Are you an insurance agent or No broker? Named insured (as it should appear Anita Catherine Yee on the policy): Doing business as (DBA): City of Cupertino, City Council, boards, Contact first name: Anita Contact last name: Yee Mailing address: City: State: California Zip: Phone: Fax: Cell: E-mail: Website: This is a renewal of coverage Commercial General Liability Eligibility Aerobics, Ballet, Cardio kickboxing, Children's fitness programs, Selected operation(s): Cultural/ethnic, Exercise, Fitness bootcamp, Hip Hop, Pilates, Strength, Yoga, ZUMBA (R) Coverage effective date(s): 06/09/2017 to06/09/2019 In which state does the insured reside? California Does the insured employ other people? No Is the insured under the age of 18? No Is the insured currently certified? Yes Who is the insured certified by? ACE, AFAA, Les Mills Cert, NASM, Jullian Michaels BODYSHRED, bbarreless Coverage & Limits Each Occurrence: $ 500,000 General Aggregate (other than Products-completed Operations): $ 5,000,000 (per year) Products-completed Operations Aggregate: $ 500,000 Porcnnnl and Arlvorficinn Tniiirw et cnn nnn Damage to Premises Rented to You: $ 300,000 Medical Expense (other than participants): $ 5,000 Abuse, Molestation, Harassment or Sexual Conduct Defense Cost $ 100,000 Reimbursement Certification Information Certification organization Certification number (if Expiration date (if any) ACE AFAA 11-es Mills Cert INASM I IJ hullian Michaels BODYSHRED, bbarreless Total Commercial General Liability Premium: $288.00 Notable Exclusions: The following exclusions are contained in the commercial general liability coverage provided by this program. Abuse, molestation, harassment or sexual conduct; Aircraft/hot air balloon; Airport; Amusement devices (the ownership, operation, maintenance or use of: any mechanical or non-mechanical ride, slide, or water slide, any inflatable recreational device, any bungee operation or equipment, any vertical device or equipment used for climbing-either permanently affixed or temporarily erected, or dunk tank. Amusement devices do not include any video or computer games or any device that is specifically designed for the training or instruction of the activity for which you are enrolled); Animals (injury or death to, or injury, death or property damage caused by any animal owned, rented or hired by you); Any adult- themed parties/meetings/trips, including but not limited to parties/meetings/trips during which demonstration of products and/or services used in the adult entertainment industry takes place; Asbestos; Commercial general liability standard exclusions (CG0001 04/13 edition); Cryogenic chambers/therapy; Cycling (other than stationary); Employment-related practices; Fireworks; Fitness/exercise operations related, in whole or in part, to performance as an exotic dancer or any similar occupation in the adult entertainment industry; Fungi or bacteria; Haunted attractions; Instruction/activities held on or in open water; Lead; Medical, therapy or health care services; Nuclear energy liability; Operation, ownership or management of a fitness, dance or sports facility; Performers; Physicals/stress testing; Physical therapy, massage or salon services; Rodeos; Saddle animals; Sale or distribution of medicinal, herbal and/or nutritional products; Snowmobile; Training programs for law enforcement, public safety and military personnel; Violation of statutes that govern e-mails, faxes, phone calls or other methods of sending material or information; Those operations listed as ineligible: Certified athletic trainers, Coaching of organized competitive athletic teams,Instructors under the age of 18, Instruction of sports skills activities, Instructor's employment as an exempt or non-exempt employee of a school, university or college. Terms & Conditions: 1. Premiums are 100% fully earned when coverage begins and non-refundable. 2. Any exposure changes that deviate from the original enrollment form must be reported in writing. 3. Acceptance of this quote confirms your desire to obtain liability insurance through the Sports, Leisure and Entertainment Risk Purchasing Group. K&K reserves the right to decline any request for coverage. 4. Coverage is contingent upon receipt of premium payment. No coverage will be deemed in effect until premium is received by the company or their representative. 5. This program only provides coverage for your individual operations as an instructor. The policy does not extend coverage for activities conducted by employees or anyone else assisting or performing on your behalf, nor does it apply to the operation of a studio/facility. 6. Commercial General Liability Broadening Endorsement: • Expected or intended bodily injury or property damage resulting from the use ofreasonable force to protect persons or property. • Non-owned Watercraft - extended to 58 feet. • Supplementary Payments - $2,500 bail bonds, $500 a day loss of earnings. • Waiver of Right of Recovery. • Bodily Injury definition expanded to include mental anguish, mental injury, shock,fright, humiliation, emotional distress or death resulting from bodily injury, sickness or disease. • Damage to Premises Rented to You - the term fire is replaced with fire, lightning,explosion, smoke and leaks from sprinklers. • Additional Coverage: o Emergency Real Estate Consultant Fee - $25,000 o Identity Theft Exposure - $25,000 o Key Individual Replacement Cost - $50,000 o Lease Cancellation Moving Expense - $2,500 -ro.,,n—n— KA—fi— cn­ - arc nnn Additional Certificate Request Do you need to request any additional Certificate(s) of Insurance to present to a third Yes party? Entity name: City of Cupertino, its City Council, boards and commissions, officers, employees and volun Mailing address: 21111 Stevens Creek Blvd City: Cupertino State: California Zip: 95014 Relationship: Owner, manager or lessor of a facility where the insured conducts instruction Entity name: The City of Cupertino, City Council, boards, commissions, offers, employees and volunteers Mailing address: 21111 Stevens Creek Blvd. City: Cupertino State: California Zip: 95014 Relationship: Owner, manager or lessor of a facility where the insured conducts instruction r Warranty & Disclosure I understand that the insurance company, in determining whether to provide insurance coverage, will rely on the information contained in this form and all other information being submitted. I hereby warrant, represent and confirm that, to the best of my knowledge, all information provided is complete, true and correct. I am aware that the insurance company expects accurate reporting for my premium calculation, and should my figures exceed my estimates during the coverage term I will make arrangements to pay the additional premium. I understand that my book and records may be examined or audited by the insurance company at any time during the coverage period and up to three years thereafter. Intentional misrepresentation or misreporting may jeopardize coverage, K&K reserves the right to decline/void any ineligible coverage. I further acknowledge that, I have reviewed all information provided with this enrollment form and understand the exclusions which apply, as well as the activities and operations for which coverage is not provided. The information I provided on this enrollment form becomes a part of the insurance contract. Compensation and Other Disclosure Information K&K Insurance Group, Inc. ("K&K") is an insurance producer licensed in your state. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. The role of the producer in any particular transaction involves one or more of these activities. Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the insurance contract or by another third party. Such compensation may vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects. In addition, K&K may charge a fee for administrative services. Your signature on your application, quote form, check, credit card and/or other authorization for payment of your premium, will be deemed to signify your consent to and acceptance of the terms and conditions including the compensation, as disclosed above, that is to be received by K&K. The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale of insurance to the purchaser, and compensation expected to be received based in whole or in part of any alternative quotes presented to the purchaser by the producer, by emailing a written request to warrantvCa)kandkinsurance.com. In addition, premiums paid by clients to K&K for remittance to insurers, client refunds and claim payments paid to K&K by insurance companies for remittance to clients are deposited into fiduciary accounts in accordance with applicable insurance laws until they are due to be paid to the insurance company or Client. Subject to such laws and the applicable insurance company's consent, where required, K&K will retain the interest or investment income earned while such funds are on deposit in such accounts. In placing, renewing, consulting on or servicing your insurance coverages K&K and its affiliates may participate in contingent commission arrangements with insurance companies that provide for additional contingent compensation, if, for example, certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by K&K with the insurance company or the overall performance of the policies placed with that insurance company, not on an individual policy basis. As a result, K&K may be when specified thresholds are achieved. Our liability to you, in total, for the duration of our business relationship for any and all damages, costs, and expenses (including but not limited to attorneys' fees), whether based on contract, tort (including negligence), or otherwise, in connection with or related to our services (including a failure to provide a service) that we provide in total shall be limited to the lesser of $2,500,000 or the singular annual limit of the policy of insurance procured by us on your behalf from which your damages arise. This liability limitation applies to you, our client, and extends to our client's parent(s), affiliates, subsidiaries, and their respective directors, officers, employees and agents (each a "Client Group Member" of the "Client Group") wherever located that seek to assert claims against K&K, and its parent(s), affiliates, subsidiaries and their respective directors, officers, employees and agents (each an "K&K Group Member" of the "K&K Group"). Nothing in this liability limitation section implies that any K&K Group Member owes or accepts any duty or responsibility to any Client Group Member. If you or any of your Group Members asserts any claims or makes any demands against us or any K&K Group Member for a total amount in excess of this liability limitation, then you agree to indemnify K&K for any and all liabilities, costs, damages and expenses, including attorneys' fees, incurred by K&K or any K&K Group Member that exceeds this liability limitation. Aon Corporation, our ultimate parent company, and its affiliates have from time to time sponsored and invested in insurance and reinsurance companies. While we generally undertake such activities with a view to creating an orderly flow of capacity for our clients, we also seek an appropriate return on our investment. These investments, for which Aon is generally at-risk for potential price loss, typically are small and range from fixed-income to common stock transactions. In such case, the gains or losses we make through your investments could potentially be linked, in part, to the results of treaties or policies transacted with you. Please visit the Aon website at http://www.aon.com/market relationships for a current listing of insurance and reinsurance carriers in which Aon Corporate and its affiliates hold any ownership interest. W I have agreed to all of the above terms Name of the person completing this First name: Anita Last name: Yee form: Relationship to insured: Insured Premium Summary Total Commercial General Liability: $ 288.00 Total Premium: $ 288.00 RPG Membership Fee $15.00 iTotal Amount * Premium subject to change if not completing purchase same day as quoting This summary is not a contract of insurance. You must refer to the actual policy for complete information regarding coverage terms, conditions and exclusions, as they may change from one coverage period to the next. Please remember that you will receive evidence of coverage immediately if purchased online. You may request a copy of the full policy by submitting a written request. Acceptance of this quote confirms your desire to obtain liability insurance through the Sports, Leisure and Entertainment Risk Purchasing Group (where applicable). An RPG provides group purchasing power for similar risks resulting in potential advantageous coverage terms, competitive rates, risk management bulletins, and rewards for favorable group loss experience. An RPG membership fee may be charged. Fraud Warning ADolicable in AL. AR. DC. LA. MD. NM. RI and WV Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. ADDlicable in CO It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Anulicable in KS Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Anulicable in KY, NY, OH and PA Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties* (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Anulicable in ME, TN, VA and WA It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Anulicable in N) Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. ADnlicable in OR Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Copyright 2009 K&K Insurance Group Inc., California License number : 0334819; Arkansas License number: 240898. K&K Insurance Group is a wholly-owned subsidiary of Aon