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18-001 Jennifer You CITY OF No. l -,Z/7 [I FY2018-19 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties. This contract is made and entered into as of April 3,2018 ("Effective Date"),by and between the City of Cupertino, a municipal corporation("City"), and Jennifer You, ("Contractor"), a sole proprietor for fitness instruction. 2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 3. Term.This contract begins on the Effective Date and ends on Tune 30,2020 ("Contract Time"), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed$20,000("Contract Price"),based upon the Scope of Services,budget,performance schedule,and rates included in Exhibit A. The maximum compensation includes all costs, expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within 30 days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24-hours' notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four(4) years from the date of final payment. 5. Independent Contractor.Contractor is an independent Contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement.No civil service status or other right of employment will be acquired by virtue of Contractor's performance of the Services. Contractor is not entitled to City's health benefits, worker's compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. Contractor will supply all tools, materials and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license. 6. Proprietary/Confidential Information.To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it confidential and use it solely to perform this Agreement. Contractor must exercise the same standard Recreation Services Agreement/Rev. 3-14-2018 V Page 1 of 12 of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. 7. Ownership of Materials.To the extent Contractor prepares written material, drawings or data in connection with this contract, City will have the property rights to those materials and all copyrights,if any, to such work product will constitute City property. 8. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's services,benchmarks, deliverables and costs/fees,and must be made reasonably available to City.The records and supporting documents must be kept separate from other files and maintained for four years from the date of City's final payment. 9. Assignment.This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City.Only those persons whose names are included in Exhibit A may perform the Services. 10. Publicity and Signs.Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one year thereafter must reference City contributions. The words "City of Cupertino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property,except signage required by law or under this Agreement without prior written approval from City. 11. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole negligence or willful misconduct of City personnel, Contractor agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and Contractors (collectively, "Indemnitees"), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands,charges,losses, costs and expenses (including attorney fees,legal costs and expenses related to litigation,arbitrations, administrative and regulatory proceedings),of every nature, arising out of or in any way related to Contractor's or Contractor's agents performance of this contract or the Services. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract. 12. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole discretion may purchase insurance and deduct the costs from payments to Contractor,or terminate the contract. Recreation Services Agreement/Rev. 3-14-2018 Page 2 of 12 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination,including Title VII of the Civil Rights Act of 1964,the California Fair Employment Practices Act,the Americans with Disabilities Act of 1990,and other laws that pertain to fair employment and anti-discrimination practices. Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.If Contractor does not have employees,it must sign the Affidavit of No Employees, attached as Exhibit C. Consultant is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff capacity,and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors: Contractor and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprinting and a criminal background check and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235,AB2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, httl2s://www.cdc.gov/headsuj2/index.htm.11. D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control&Prevention(link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Recreation&Community Services Instructor Manual. Recreation Services Agreement/Rev. 3-14-2018 Page 3 of 12 14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor's designation and any substitution are subject to City approval. For City: For Contractor: Name:Karen Levy Name:Jennifer You Position: Recreation Coordinator Position: fitness instructor Contact:karenl@cupertino.org;408-777-3123 Contact: 15. Abandonment. City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City. 16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible.Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 17. Governing Law,Venue and Dispute Resolution.This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City's request, Contractor is required to continue to provide Services pending resolution of any dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. Attorney Fees. If City is required to pursue litigation,arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.This Section survives this Agreement. 19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract. 20. Waiver.Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant or condition, or a subsequent breach,whether of the same or a different character. 21. Entire Agreement.This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other contract or understanding,either oral or written,between the Parties.This Agreement may not be modified or amended except in writing signed by both Parties.If there is any inconsistency between the main contract and any attachments or exhibits thereto,the main contract shall prevail. 22. Inserted Provisions.Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. Recreation Services Agreement/Rev. 3-14-2018 Page 4 of 12 23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit or amplify the terms or provisions of this Agreement. 24. Severability/Partial Invalidity. If any contract term or provision, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other contract terms and provisions and their application to specific situations will remain in full force and effect. 25. Survival.All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification,Insurance, Ownership of Materials,Records, Governing Law and Attorney Fees, will survive the expiration or termination of this Agreement. 26. Notices.All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission. To City of Cupertino: To Contractor:Jennifer You Office of the City Manager cc:Representative/Coordinator: cc: Representative/Coordinator: Karen Levy Jennifer You Email: karenl@cul2ertino.org Email: 27. Validity of Contract. This contract is valid and enforceable only if it complies with the provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Recreation Services Agreement/Rev. 3-14-2018 Page 5 of 12 IN WITNESS WHEREOF,the parties have caused this contract to be executed. CONTRACTOR CITY OF CUPERTINO JenniferYouA Municipal Corporation By T By Name JenNZC Yom Name Titlek Title A4::�d Date 'J� a l l Date 3 Tax I.D.No.:refer to W-9 on file APPROVED AS TO FORM: ATTEST: yu RA tDOLIPH STEVENSON HOM / GRACE SCHMIDT Cupertino City Attorney / City Clerk y `- 7 ContractlEncumbered Amount: $20,000 Account No.:580-63-620 700-702 Recreation Services Agreement/Rev. 3-14-2018 Page 6 of 12 EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide FITNESS INSTRUCTION in,but not limited to,the following: PRENATAL YOGA, PARENT/CHILD YOGA, CORE FLOW YOGA Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SPRING 2018-SPRING 2020 for agreed upon dates,times,and class locations.The City,at its sole discretion,may change the agreed terms. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement.Compensation shall consist of the following: 65%of resident fees plus 65%of drop-in fees.The total compensation to the Contractor shall not exceed$20,000. (FY 17/18=$500;FY 18/19=$9,500;FY 19/20=$10,000) Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 5 Maximum: 25 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 Contractor. List of all Contractor Employees working for the City of Cupertino(if no Employees, identify"self"): - self Performance of CONTRACTOR Services: In the case Contractor unilaterally cancels performance of a class,camp, activity or service without City approval,City reserves the right to immediately and without notice cancel the remainder of programs/services offered and or performed by Contractor. The Contractor 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.If applicable,contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them. In the event of an injury occurring to a participant,the Contractor 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. Recreatioiz Services Agreemewl Rev. 3-14-2018 Page 7 of 12 EXHIBIT B INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor,his agents, representatives,employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability(CGL):Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"basis,including property damage,bodily injury and personal&advertising injury with limits no less than$2,000,000 per occurrence.If a general aggregate limit applies,either the general aggregate limit shall apply separately to this project/location(ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Sexual Abuse/Molestation insurance or the equivalent are required for contracts involving children in after school activities,recreational programs, athletics, studies,transportation of students. Covers potential claims of abuse or child molestation.Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies in an amount of not less than$1,000,000 per occurrence ($2,000,000 aggregate) and$3,000,000 excess/umbrella coverage. 3.Automobile Liability:If applicable, a declaration page showing current proof of automobile insurance, displaying coverage amounts at or above the California statutory minimums,is required. 4.Workers'Compensation insurance as required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000 per accident for bodily injury or disease. (Note—required only if Contractor has employees). If the contractor maintains broader coverage and/or higher limits than the minimums shown above,the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City.The City may require the Contractor to provide proof of ability to pay losses and related investigations,claim administration, and defense expenses within the retention.The policy language shall provide,or be endorsed to provide,that the self- insured retention may be satisfied by either the named insured or City. Other Insurance Provisions The general liability policy is to contain,or be endorsed to contain,the following provisions: Recreation Services Agreement/Rev. 3-14-2018 Page 8 of 12 1. The Entity,its officers,officials,employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials,parts or equipment furnished in connection with such work or operations. 2.For any claims related to this contract,the Instructor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity,its officers,officials,employees, agents, and volunteers. 3.The Insurance Company agrees to waive all rights of subrogation against the Entity,its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Instructor for the Entity.This provision also applies to the Instructor's Workers'Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be canceled,except with notice to the Entity. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A:VII,unless otherwise acceptable to the Entity. Verification of Coverage Instructor shall furnish the Entity with original certificates and amendatory endorsements effecting coverage required by this clause.All certificates and endorsements are to be received and approved by the Entity before work commences. The Entity reserves the right to require complete, certified copies of all required insurance policies,including endorsements affecting the coverage required by these specifications,at any time.We strongly recommend obtaining a copy of the policy declarations and endorsement page(make this a requirement in your Contract)to facilitate verification of coverages and spot any undesirable policy limitations or exclusions. Homeowner's Insurance In some cases the Instructor's homeowner's liability insurance may provide coverage sufficient to meet these requirements.Instructor should provide these requirements to his or her agent to confirm and provide verification to the Entity. Special Events Coverage for Instructors Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Instructor can obtain additional information and cost from the Entity. Special or Low Risk Activities Entity reserves the right to modify these requirements,including limits,based on the nature of the risk, prior experience,insurer, coverage,or other special circumstances.The Entity reserves the right to modify or waive insurance requirements for certain low risk recreational activities. Recreation Services Agreement/Rev. 3-14-2018 Page 9of12 EXHIBIT C AFFIDAVIT OF NO EMPLOYEES State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent fitness instructor. I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 2 day of a r cl^ , 2018, at Cupertino, California. 7�� \(OC,\ PRINT NAME SIGNAT RE Recreation Services Agreement/Rev. 3-14-2018 Page 10 of 12 EXHIBIT D Contractor's Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of JENNIFER YOU; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. 1 declare that JENNIFER YOU has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor'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. I 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 D-1. 5. That a complete and accurate list of Contractor'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 Contractor. 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 Contractor Employees working for the City (if no Employees,identify"self"): self 8. The Contractor 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. Recreation Services Agreement/Rev. 3-14-2018 Page 11 of 12 I declare under penalty of perjury that the foregoing is true and correct. JENNIFER YOU By: IJENNIFER YOU Title: FITNESS INSTRUCTOR Date: Recreation Services Agreement/Rev. 3-14-2018 Page 12 of 12 JENNYOU-02 VANVEKAR ACORO� CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 3/116/216/2018 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(les)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 NAME: Alliant Insurance Services,Inc. PHONE 855 827-9642 FAX (703)563-1510 4530 Walney Rd Ste 200AA/C.Lo EM: ) A/C,No Chantilly,VA 20151-2285 ADDRESS:Yoga-questions@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyd's 10200 INSURED INSURER B: Jennifer You INSURER C: 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 AINSD WVD POLICY NUMBER MM/DDIIYEYYY MM/L DNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X CLAIMS-MADE E OCCUR X YOGAI467490-1 11/10/2017 11/10/2018 PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 2,500 PERSONAL BADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ]JECT 1-1LOCPRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ $ UMBRELLA LIAB IOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab X YOGA1467490-1 11/10/2017 11/10/2018 Each Claim 2,000,000 A Professional Liab X YOGAI467490-1 11/10/2017 11/10/2018 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE OF INSURANCE SERVES AS EVIDENCE OF COMBINED PROFESSIONAL/GENERAL LIABILITY COVERAGE. FURTHER,THE CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED PER FOLLOWING ENDORSEMENT. Sexual Misconduct-$50K sublimit Aggregate Limit of Liability for all coverages set forth above:$4,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino,It's City Council,Boards and Commissions, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Officers,Officials,Agents, Employees,Consultants&Volunteers 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 0 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT Specified Member:Jennifer You Policy Number:YOGA1467490-1 Endorsement Effective Date:03/16/2018 It is hereby agreed and understood that the person(s) or entity(ies) listed below is/are included as Additional Insured(s) under the combined Professional/General Liability policy number referenced above, but only with respect to claims or damages arising solely out of professional services rendered by the Specified Member: City of Cupertino, It's City Council, Boards and Commissions, Officers, Officials,Agents, Employees, Consultants &Volunteers 10300 Torre Avenue Cupertino, CA 95014 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Date:3/16/2018 BY: Authorized Representative Alliant Insurance Services, Inc. PROGRESSIVE PROG/4E1. ILLY P.O.BOX 31260 TAMPA,FL 33631 D/REOTAuto Policy Number: 60842745 Underwritten by: United Financial Cas Co MICHAEL YOU February 5,2018 JENNIFER Y YOU Poli Period: Mar 3,2018-Se 3,2018 Pagel of 3 progressive.com Online Service Make payments,check billing activity,update policy information or check status of a daim. Auto Insurance 1-800-776-4737 For customer service and claims service, Coverage Summary 24 hours a day,7 days a week. This is your Renewal Declarations Page The coverages, limits and policy period shown apply only if you pay for this policy to renew. Your coverage begins on March 3,2018 at 12:01 a.m. This policy expires on September 3,2018 at 12:01 a.m. Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy limits shown for a vehicle may not be combined with the limits for the same coverage on another vehicle. The policy contract is form 9611 D CA(09/16). The contract is modified by form Z357 CA(12/15). Underwriting Company United Financial Cas Co Drivers and household residents Years licensed Years experienced Marital status ................................................................................................................................ ...................................... ..... Additional information: Named insured Jennifer ...........Y.You........ ......................................... .. ....... 1.4 1...........................1.4........................... ....... ..... ... ............................ Ma.. rried Additional information: Named insured Outline of coverage Premium .............................................................................................................................................................I............... Liability To Others $241 Bodily Injury and Property Damage Liability $300.000 combined single limit each accident ............................... Uninsured/Underinsured Motorist $50,000 eachPerson/$100,000 each g accident ......................................................................................... ................................................................................... Medical Payments $2,000 each person 15 ............................................................................................................................................................................. Comprehensive Actual Cash Value $2,500 14 ...... ...................................................................................................................................................................... Collision Actual Cash Value $2,500 98 ........................................................................................................................................................................... Uninsured Motorist Collision Deductible Waiver $2,500 waived7 ..........................................................................%** .................................................................................................. Loan/Lease Payoff 25/o Of The Actual Cash Value 11 ............................................ Total premium for 2017—L'EXUS $395 Form 6489 CA(12115) Continued Policy Number: 60842745 Michael You Jennifer YYou .................................................................................... ........................................................................................ Liability To Others $158 Bodily Injury and Property Damage Liability $300,000 combined single limit each accident ......................................................................................... .................................................................................. Uninsured/Underinsured Motorist $50,000 each person/$100,000 each accident 9 ............................................................................................................................................................................. Medical Payments $2,000 each person.........................................................................15 ....m..p..re...hen....s.iv'*e....................................................A................... Cov .................................................. ctual Cash Value...............................................$2:500...................�... Collision Actual Cash Value $2,500 85 ........................................................................................................................................................................... Uninsured Motorist Collision Deductible Waiver $2,500 waived7 ............................................................................................................................................................................. Loan/Lease Payoff 25%Of The Actual Cash Value 9 ....................................................................................................................................................................... ..... Total premium for 2018 CHEVROLET $294 ............................................................................................................................................................................. Subtotalpolicy premium..........................................................................................................................$689.00 ................................ . Anti-Fraud fee1.76 ........... . ....... ................................................................................................................................. Total 6 month policy premium $690.76 Payment schedule Mar 3,2018........................$124.62 May 3,2018........................$122.83 Jul 3,2018...........................$122.83 Apr 3,2018.........................$122.83 Jun 3,2018.........................$122.83 Aug 3,2018........................$122.82 An installment fee of$8.00 has been included in each payment.You may avoid paying installment fees by paying your premium of$690.76 in full by March 3, 2018.You may reduce the amount you pay in installment fees by paying your premium in larger amounts and fewer installments. Please call 1-800-776-4737 for details. The following additional fees may apply: Late paymentfee $10.00 Fee for returned checks or refused payments$20.00 Premium discounts Policy ............................................................................................................................................................................. 60842745 Multi-Policy and Multi-Car Driver ............................................................................................................................................................................. Jennifer Y You Good Driver Vehicle ............................................................................................................................................................................. Lienholder and additional interest information Vehicle Lienholder Additional interest ............................................................................................................................................................................. �j Form 6489 CA(12/15) Continued Policy Number: 60842745 Michael You Jennifer YYou Page3 of 3 Your right to advance notice of renewal California law requires insurers to provide either an offer to renew at least 20 days before policy expiration or a written notice of nonrenewal at least 30 days before expiration. If we fail to give this offer or notice in the specified timeframes listed above,the existing policy with no changes in its terms and conditions,will remain in effect for 30 days from the date that either the offer to renew or the notice of nonrenewal is mailed to you. However,your policy shall terminate on the effective date of any other replacement or succeeding automobile insurance policy with respect to any automobile designated in both policies, even if you do not receive a timely offer to renew or notice of nonrenewal. Company officers UJIj. President Secretary Form 6489 CA 0 2/15)