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18-001 Happily Ever Laughter CITY OF No. 5101q' Qq FY2017-19 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties.This contract is made and entered into as of 6/30/2018("Effective Date"),by and between the City of Cupertino, a municipal corporation ("City"), and with HAPPILY EVER LAUGHTER, ("Contractor"), an ENTERTAINMENT SERVICE for CHILDREN ENTERTAINMENT. 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. Terns. This contract begins on the Effective Date and ends on 9/29/2018 ("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$6750.00("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. Recreation Services Agreement/Rev. 3-27-2018 Page 3 of 6 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 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 ServicesAgreement/Rev. 3-27-2018 Page 2 of 6 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. Contractor 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, https://www.cdc.gov/headsuj2/index.htwl 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. Check one(if applicable): ❑ This contract requires services for children. Recreation Services Agreement/Rev. 3-27-2018 Page 3 of 6 I ® This contract currently does not require services for children. If in the future, services for children are required,the contract will require a'written amendment'to include the appropriate insurance coverages as required in'Exhibit B-Insurance Requirements for Recreation Contracts', proof of finger printing and additional requirements under Paragraph 13. The contract amendment will also require the approval of the Director of Recreation and Community Services and City Attorney. 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:Kristina Hastings Name:Lade Gershenson Position: Leisure Service Specialist Position: Owner Contact:kristinah@cupertino.org 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 unay 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 Slate 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 Recreation Services Agreement/Rev. 3-27-2018 Page 4 of 6 r 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. 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: Office of the City Manager 10300 Torre Ave.,Cupertino CA 95014 cc: Representative/Coordinator: cc: Representative/Coordinator: Lacie Gershenson Kristina Hastings Email: Email: kristinahCcupertino.org 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. 3-27-2018 I Page 5 of 6 I IN WITNESS WHEREOF,the parties have caused this contract to be executed. CONTRA TOR CITY OF CUPERTINO H ppil ver Laught A Municipal Corporation By By NameL e, G' a)mz s o k, (. Name Title Nv _ Title Date W I I b Date_ Tax I.D. No.: See W-9 APPROVED AS TO FORM: j �8 ATTEST: f� NDLPH STEVENSON HO GRACE SCHMIDT z d Cuper ino City Attorney City Clerk ContractlEncumbered Amount:$6,750.00 Account No.: 100-62-608 700-702 Recreation Services Agreement/Rev. 3-27-2018 Page 6 of 6 EXHIBIT A SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide CHILDREN ENTERTAINMENT in,but not limited to,the following: 1. Confirm any needs to the City of Cupertino two weeks prior to the event. 2. Provide all necessary equipment and items for requested services. 3. Be ready to provide services at the start time of the event. 4. Perform one to two hours requested for each event. 5. Manage their own employees to come to events prepared and informed of activities. 6. Provide their own meals and water during the event. 7. Will not bring alcohol or illegal drugs to the event. The City of Cupertino will provide: All insurance and meet all insurance requirements for the contractor in exhibit"B"of the contract. Location and Time of CONTRACTOR Services: Location and times of the events will be given in PDF format to the contractor. Be ready to provide services at the start of event,to provide full service of time requested. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. Compensation shall consist of the following: Payment of$600.00 will be paid to contractor in the form of a check when the contract is executed.The remaining$6,150.00 will be paid to the contractor in full after July 1st and before July 141h of 2018.The total compensation to the Contractor shall not exceed$6,750.00. Cancelation by the Contractor: a. If the Contractor cancels services for any reason,payment for the canceled event will be refunded to the City of Cupertino. Payment is due within one week of cancelation notification, unless performance is rescheduled at the City's discretion. Cancelation by the City of Cupertino: a. If the City notifies the contractor of cancelation within 30 days of the event,the contractor will repay the City of Cupertino for the canceled event(s). Payment will be refunded to the City of Cupertino within 30 days of notification,unless service is rescheduled at the City's discretion. b. If the City cancels the event less than 30 days from the date of performance,the Contractor may keep the payment for the specific canceled event. c. If the City cancels the event less than 4 hours before official performance start time, Contractor will be paid standard performance fee. List all employees expected at the event(if this is a solo performance,you may list"self"). See Attached List Happily Ever Laughter Employees Autumn English Tracey Barrow Cassandra Stipes Beth Carmona Briana New Kahlie Metz Chloe Sanders Alora Martin Haley Brown Jessica Duncan Marybeth Forteza Kirsten Shook Laecee Gershenson Hannah King Stevi Ibonie Michelle Caylee Human April Bennett Bonnie Williams Paris Cannon Olivia Wagganer Shelby Spalione Kirsten Maneja Lisa Oliveras Jessicka Fichera Sarah Beth Comfort Jacob Vuksinich Moreah Walker Evangeline Crittenden Morgan Peters Sheena Wenger Jordan Powell Victoria Timoteo Paisley Frost Christine Sage Behrens Emma Worthge Devon LaBar McKenzie Welge Kristina Islas Happily Ever Laughter Employees Ariel Ryan Amanda Bailey Diana DeLuna Caitlyn Keith Molly Glasgow Miranda Bearden Bearden Carrie Browde Demetra Manning Alex(andra) Leonardo Exhibit B Insurance Requirements for Recreation Contracts As required by Section 12 of the Agreement, Contractor shall procure and maintain the following insurance for the duration of the contract against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement. 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 $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location(CG 25 03 or 25 04)or be twice the required occurrence limit. 2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than$1,000,000 per accident for bodily injury and property damage. ❑ Required if automobile is used to perform work under this contract. X Otherwise, proof of Contractor's personal auto insurance with limits required by state law suffices. Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract. 3. Workers' Compensation: As required by the State of California, with Statutory and Employer's Liability Insurance limits of no less than$1,000,000 per accident for bodily injury or disease. 9 Required if Contractor has employees. ❑ If no employees, Contractor must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. ❑ Required if Contract involves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Self-Insured Retentions: Self-insured retentions must be approved by City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. Acceptability of Insurers:Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,with an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the following provisions: 1. The City, its City Council, boards and commissions, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds with respect to liability arising out of work or Exh.B Insurance for Recreation Contracts Updated 3-26-18 1 operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. 2. Contractor's insurance shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers,officials, employees, agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City,its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by Contractor for City.This provision also applies to the Contractor's Workers' Compensation policy. 4. Each insurance policy required by this contract shall provide that coverage shall not be canceled, except with notice to the City. Prinnaty Coverage: The Additional Insured coverage under Contractor's policy shall be primary non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City and all the insureds/indemnitees. If the limits of insurance required are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory"basis for the benefit of the Additional Insureds before City's own insurance is triggered. Notice of Cancellation: Each insurance policy shall provide that coverage shall not be canceled or allowed to expire without written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Such notice must be sent to City via email or certified mail to the attention of the City Manager. Waiver of Subrogation: Contractor grants City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of payment of any loss under such insurance. Contractor will obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Verification of Coverage:Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.All certificates and endorsements are to be received and approved by the City before work commences. The City 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.At a minimum Contractor must provide acceptable copies of the policy declarations and endorsement page verifying the required insurance coverages. Homeowner's Insurance: Contractor's homeowner's liability insurance may provide coverage sufficient to meet these requirements. Contractor should provide these requirements to his or her agent to confirm and provide verification to City. Special Events Coverage:Insurers may provide special events coverage for a reduced fee, or City may be able to offer this coverage. Contractor should contact the City Manager's Office for information or assistance. Special Risks or Circumstances:City reserves the right to modify these requirements based on the nature of the risk,prior experience,insurer, coverage,or other special circumstances. Exh.B Insurance for Recreation Contracts Updated 3-26-18 2 HAPPEVE-01 SANDERSON A`ORO D / Y)CERTIFICATE OF LIABILITY INSURANCE 06/13/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0383047 CN NAOMTA E:CT Onstad's Insurance Agency PHONE FAx 3130 Crow Canyon PI,Ste 250 A/C,No,Ext):(925)866-1444 A/c,No);(925)866-2050 San Ramon,CA 94583 E-MAILRS info@onstads.com DD INSURERS AFFORDING COVERAGE NAIC# INSURER A:Ataln Specialty Insurance Company 17159 INSURED INSURER B:State Compensation Insurance Fund 35076 Happily Ever Laughter,LLC 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 NSR __ ADDLTYPE OF INSURANCE IVSD SUERWVQ POLICY NUMBER POI-ICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X CIP305107001 10/01/2017 10/01/2018 pit MSES EaEoccur°nce $ 50,000 MED EXP(Any oneperson) 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY SECT [7]LOC - PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER:N AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT C. ANY AUTO BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NQN-OWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY (Per accklent UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ 13 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATU ER ANY PROPRIETOR/PARTNER/EXECUTIVE 91123472017 10(01/2017 10/01/2018 1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under - 1 OOO DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT ,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES SACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City,its City Council,boards and commissions,officers,officials,employees,agents,servants and volunteers are named as additional insured insureds per the attached endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CUPERTINO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)Or Organization(s): Location(s)of Covered Operations NY PERSON OR ORGANIZATION AS LOCATION AS REQUIRED BY WRITTEN REQUIRED BY WRITTEN CONTRACT WITH CONTRACT HE INSURED A. SECTION II-WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such a person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. A persont or organizations status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or"property damage" for which the"additional insured(s)" are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or"property damage" directly caused by or resulting from the negligence of the"additional insured(s)". ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED This endorsement is effective on the inception date of the policy unless otherwise stated below. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Policy Number: CIP305107001 Named Insured: HAPPILY EVER LAUGHTER, LLC Endorsement Effective date: AF 000 858 Included copyrighted material of ISO Properties, INC. Page 1 of 0712012 with its perm ission ENDORSEMENT This Endorsement Changes the Policy-Please Read it Carefully PRIMARYAND NON-CONTRIBUTING INSURANCE (Sole Negligence) This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Section IV—Commercial General Liability Conditions, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Other Insurance: d. Specifically and solely forthe Third-Party shown below, notwithstanding the provisions of sub-paragraphs a, b, and c of this paragraph, it is hereby agreed that in the event of any"suit"where the damages are caused by the insured' sole negligence,this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non-contributory The Third-Party to whom this endorsement applies is: ANY PARTY FOR WHOM THE INSURED IS PERFORMING SERVICES, ATA SPECIFIED PROJECT SET FORTH IN A WRITTEN CONTRACT,THAT: (1) HAS BEEN SIGNED BY ALL PARTIES, INCLUDING THE NAMED INSURED AND THE PARTY SEEKING COVERAGE UNDER THIS ENDORSEMENT; AND (2) HAS BEEN ENTERED INTO BEFORE ANY LOSS HAS OCCURRED Any coverage provided pursuant to this endorsement shall be subject to all other terms,conditions, exclusions and endorsements of the policy to which this form is attached The endorsement is effective on the inception date of the policy unless otherwise stated below Policy Number: CIP305107001 Named Insured: HAPPILY EVER LAUGHTER, LLC Endorsement Effective Date: 10/01/2017 AF001397 071 16 Page 1 of 1 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY(ADDITIONAL INSURED) Alliant Insurance Services,Inc.in conjunction with Apex Insurance Services P.O.Box 6450 Newport Beach,CA 92658 License No:OC 36861 NAMED INSURED(EVENT HOLDER): EVENT INFORMATION: City of Cupertino,Its City Council,Boards and Commissions TYPE: 2018 Neighborhood Events Officers,Officials,Employees,Agents,Servants,Volunteers DATE(S): See attached listing and Consultants LOCATION: See attached listing 10300 Torree Ave *Liquor Liability Yes❑ No Cupertino,CA 95798 1 "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named(event holder)for the policy period indicated. The insurance described herein is subject to all the terms,exclusions and conditions of such policy(ies)unless amended as described in Special Conditions. INSURANCE CARRIER:Evanston Insurance Company MASTER POLICY NUMBER: SEP41026 MASTER POLICY DATES: EFFECTIVE: JANUARY 1,2018 EXPIRATION:JANUARY 1,2019 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $2,000,000 Products&Completed Operations 1,600,000 SPECIAL CONDITIONS: Personal&Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You(Any One Premises) 100,000 Certificate Of Insurance: Medical Payments(Any One Person) 5,000 MEGL643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$2,000,000 Damage To Property(If purchased) The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 6/14/18 Dates 6/30/18 7/7, 11, 14, 25, 28/18 8/3, 8, 12,18, 22, 25/18 9/1, 5, 8, 14, 19, 22, 29/18 Locations Creekside Park, 10455 Miller Ave, Main Street Park, 19469 Stevens Creek Blvd, Monta Vista Park, 22601 Voss Ave, Jollyman Park, 1000 S. Stelling Road, Portal Park, 10225 N. Portal Ave, Three Oaks Park, 7535 Shadowhill Ln, Wilson Park, 10200 Parkside Ln, Linda Vista Park, 11097 Linda Vista Dr., Memorial Park Amphitheater, 20350 Stevens Creek Blvd, Cupertino, CA 95014 POLICY NUMBER: SEP41026 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees,Agents, Servants, Volunteers and Consultants Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance.- on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contractor agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 PRODUCER Aft ONSTAD'S INSURANCE AGENCY 044516 05 3130 CROW CANYON PL STE 250 M E R C U RY SAN RAMON, CA 94583- INSURANCE COMPANY AUTOMOBILE POLICY DECLARATIONS TELEPHONE:(925)866-1444 IMPORTANT COVERAGE,EXCLUSION POLICY NUMBER POLICY PERIOD APPLICABLE TO ALL COVERAGES,INCLUDING BUT NOT LIMITED TO.LIABILITY 1 FROM 04/10/2018+2:01A To 10/10/201812:01AM AND UNINSURED MOTORISTS,PROVIDED NOW OR LATER. It is agreed that the insurance afforded by this policy PERSONS INSURED shall not apply nor accrue to the benefit of any insured or any NAMED INSURED third party claimant when any motor vehicle is being used or MAILING 270 CANYON OAKS ADDRESS SANTA CRUZ,CA 95065-9689 CAR.YEAR VEHICLE DESCRIPTION SERIAL NUMBER COST OR VALUE NEW/USED'''. PURCH.DATE H.PJCID 1 CAR LPA-AI-ALA LOSS PAYEES(LP),ADDITIONAL INTERESTS(AI),LOSS PAYEES AND ADDITIONAL INTERESTS(LA),GARAGING ADDRESSES(GA)AND REGISTERED OWNERS(RO)OTHER THAN THOSE LISTED ABOVE. Coverage applies only if premium charge is listed below. Coverage/Limits are subject to all policy terms. COVERAGES LIMITS OF LIABILITY PREMIUMS NON-FACTORY EQUIPMENT BODILY INJURY LIABILITY $250,000 EACH PERSON$500,000 EACH ACCIDENT CAR1 CAR2 CAR ITEMS INSURED AND AMOUNTS OF73 76 INSURANCE FOR EACH ITEM ARE STATED PROPERTY DAMAGE LIABILITY $100,000 EACH ACCIDENT 89 129 HEREIN.ITEMS INSURED ARE SUBJECT TO UNINSURED MOTORISTS THE DEDUCTIBLE. BODILY INJURY LIABILITY $250,000 EACH PERSON$500,000 EACH ACCIDENT 44 41 UNINSURED MOTORISTS $ MAXIMUM CAR ITEMS INSURED. .LIMIT PROPERTY DAMAGE LIABILITY COLLISION DEDUCTIBLE WAIVER 2 2 MEDICAL EXPENSE $5,000 14 14 LEASE/LOAN GAP COVERAGE CAR CAR CAR REPAIR OR REPLACEMENT CAR CAR CAR COSTCOVERAGE COMPREHENSIVE DEDUCTIBLE CARL $250 CAR2$250 CAR $ 19 40 CALIFORNIA ASSESMENTS COLLISION DEDUCTIBLECARI $509 CAR2$500 CAR $ 221 266 CA FRAUD FEE 1.76 ROADSIDE ASSISTANCE PER OCCURRENCE CAR CAR CAR CIGA FEE RENTAL CAR BENEFIT $30 PER DAY 30 DAYS 16 16 1 INTERVENOR FEE ENDORSEMENTS ATTACHED TO THE POLICY PREMIUMS PER CAR U-10 06/2016 478 584 POLICY FEE TOTAL PREMIUM 1,063.76 IMPORTANT INFORMATION EFFECTIVE 04/10/2018 The enclosed Auto Insurance Renewal Bill and the U251 IMPORTANT NOTICE are part of this policy. These specify the amount of your premium, your payment options, any applicable fees, and the due date. Your automobile insurance expires and coverage ceases at 12:01AM on 04/10/2018. Coverage under this policy will become effective provided you pay the premium and any applicable fees as indicated on the Auto Insurance Renewal Bill. If you have any questions, please contact your agent or broker at the phone number provided above. PAY PLAN PAYMENT AMT FEE DUE DATE NEXT PAYMENT FEE DUE DATE Full Pay $1,063.76 NONE 04/09/2018 2 Pay $542.76 $10.00 04/09/2018 $541.00 $10.00 06/22/2018 3 Pay $365.76 $10.00 04/09/2018 $364.00 $10.00 05/23/2018 Same Pay $179.76 $1.00 04/09/2018 $178.00 $1.00 05/10/2018 DVR. VIOL. CODE VIOL. DATE VIOL. CODE VIOL. DATE VIOL. CODE VIOL. DATE 1 ACCI 05/23/2016 CAR! OCC DRV RAT PRN PTS SD GD MIC MK MDL SYL PD CLASS MIL SALV USE MIL FIN PERS FLG GRP CD MULTI I DOB SR GD RESTAIL AR j DRV DRV PTS STD SYM SYM SYM SYM TYP RES POL CH DRV A& DEV 1 2 00 N Y TY PR 44 15 26D ES N WS 8 1 6001 0 1983 N Y 1 1 3 2 1 01 N Y SU XV 5H 14 16A ES N WS 6 1 6001 0 1980 N Y 1 1 3 UND: W.DuBois AMOUNT DUE:$ 179.76 DUE DATE:04/09/2018 MAILING DATE: 03/12/2018 PRODUCER COPY U-177 11/2016 Process Date:03/09/2018