18-001 Clap Arts cirr o�
No. �
F'Y2018-19
Ct,�PERTlNC>
RECREATION SERVICES AGREEMENT
1. Parties.This contract is rnade and entered into as of 7/1/2018 ("Effective Date"),by and
between the City of Cupertino, a municipal corporation("City"), and with CLAP ARTS,
SAN JOSE, CA 95112 ("Contractor"), a CALIFORNIA CORPORATION for YOUTH
DANCE AND ART INSTRUCTION.
2. Services.Contractor agrees to provide the Services included in the Scope of Work and
in accordance with the 5chedule of Performance attached in Exhibit A.
3. Term. This contract begins on the Effective Date and ends on 6/30/2019 ("Contract
Time"),unless extended or terminated as provided7 herein.Tirne is of the essence and Contractor must
have sufficient time,resources,and qualified staff to deliver the Services as rec�uired. 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$30,000("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 rema.in in
place even if Contractor's acttxal costs exceed the capped amount.Contractor must subrnit invoices and
the information required in Exliibit 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 accixrate 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 pexform the Services in a cornpetent 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 1 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 Ciiy.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. Assigriment.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 Euhibit 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 Agreernent without prior written approval from City.
11. Imdemnification.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 commi.ssions, officers, officials, employees,
agents, servants, volunteers and Contractors (collectively, "Indernnitees"), through legal counsel
acceptable to City, from and against any liability for damages, claims, actions, causes of action,
dernands,charges,losses, costs and expenses(including attorney fees,legal costs and expenses related
to litigation, arbitrations,adrn.inistrative and regulatory proceedings),of every nahxre,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. Insuranee.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. 3-27-2018
Page 2 of 6
13. Compliance with Laws and Other City Requirements. :
Requirements for all Contracts. T'his 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 ernployment and ant�-discrimination practices. Contractor must camply with labor laws
pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements
unposed by the Departrnent of Industrial Relations.If Contractor does not have employees,it must sign
the Affidavit of No Ernployees, attached as Exhibit C. Contractor is responsible for verifying
employment eligibility of employees pursuant to the I�nmi.gration Refoxm and Control Act af 1986.
Cantractor must comply with conflict of infierest 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 hereb�advised to review the requirements
of California Political Reform Act and the California Code of Regulaiions. Services may only be
performed by persons who are nat employed by City and who do not have a contractual relationship
with City other than khis contract. Contractor agrees to abide by City policies and administrative rules
prohibiting gifts to City officials and ernployees.
Additional ltequirements for Services Provided to Minars: Contractor and its employees
who provide services under this Agreement must comply with these additional requirements:
A. Undergo fingerprinting and a criminal backgraund check and verify all employees
providing services under this contract have met this requirement.
B. Cornplete a Tuberculosis screening test as required by law and as set forth in�xhibit 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 lawa pertaining to concussion evaluation,removal from
play, and return to play protocols. (Refer to Center for Disease Control & Prevention,
htt�s://w ww.cdc.gov/headsu�/index.html�.
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 ad.rninistrators to successfully complete the concussion and head injury
educatian at least once either online or in person, before supervising a participant.
Contractor shall offer tr�inulg, 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&Communiiy Servi�es Instructor Manual.
Check one(if applicable):
� This conlract requires services for children,
Recreation Services Agreement/Rev. 3-27-2018
Page 3 of 6
❑ 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. CaordinaHon 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:CLAP Arts
Name:Daniel Mestizo Name:Sharon DeSouza
Position:Recreation Coordinator Position:Co-owner of CLAP Arts
Contact:danielm@cu�ertino.org;(408)777-3134 Contact:
15. Abandonrnent.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 tivs 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,Venne 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 govemment 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 a�1 ministrative
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.T'his Agreement may not be modified or amended except in writing signed
Recreation Services Agreement/Rev. 3-27-2018
Page 4 of 6
by both Parties.If there is any inconsistency between the main contract and any attachments or exhibits
thereto,the main conkract 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 anq 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�ontract 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 Agreemenfi ends,
including without limitation Indemi�i.fication,Tnsurance,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 dispufies 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 ef#ective 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 CLAP Arts
10300 Torre Ave.,Cupertino CA 95014 San Jose, CA 95112
cc:Representative/Coordinator: cc:Representative/Coordinator:
Daniel Mestizo Sharon DeSouza
Email: danielmC�cupertino.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. Executian. 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 constiiutes a legally binding obligation of Confiractor,
and rnay be executed in cownterparts, each one of which is deerned an ariginal and all of which,taken
together, constitute a single binding instrument.
IN WITNESS WHEREOF,the parties have caused this contract to be executed.
Recreation Se�vices Agreement/Rev. 3-27-2018
Page 5 of 6
CONTRACTOR CITY OF CUPERTINO
CLAP Arts A Municipal Corporation
By r�..�... gy _ ---�.�
Name e�.a.�� Name��/1�7��C.���'?��
Title ��-►� Title y`T.��� ,-✓��eC�
Date i�1�2�-1�� Date �'� l�
Tax I.D. No.:Refer to W-9 on file
I�
APPROVED AS TO FORM: `���� I� ATTEST:
_ � ,� 7��� .
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R��FH ]P3-�'��1�-I M �o/ GRACE SCHM]DT
Cupertino City Attorney� City Clerk
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ContractlEncumbered Amount: $30,000
Account No.:580-62-613 700-702
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Recreation Services Ag►•eement/Rev. 3-27-2018
Page 6 of 6
EXHIBIT A ;
SCOPE OF WORK,PERFORMANCE AND PAYMENT SCHEDULES
The CONTIZACTOR will provide YOUTH DANCE AND ART INSTRUCTION in,but not
limited to,the following:
ORIGAMI CAMP, CENTER STAGE CAMP, GET UP&DANCE CAMP, HIP HOP CAMP,
HOGWARTS CAMP
Location and Time of CONTRACTOR Services:
Refer to the Recreation Schedule dafied SUMMER 2018—SPRING 2019 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. Campensation
shall consist of the following: 65%of the resident fee based on final class rosters. The total
compensation to the Contractor shall not exceed$30,000.
Eligible Participant Minimum and Maximums for CONTRACTOR Services:
Minimum: 6
Maximum: 25
If less than the required minimum numbex 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 par�icular class
and/or terinin.ate 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"):
G�.r�+.(� �-m,� C���`. �t�e�a�s..�r►
;;t-i�� A7t :sC'a� oa _J�ur�ccS?F��:+���'��w�.ri.,�
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Perfarmance ot 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
prograrns/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 rnust 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.
` Exhibit B'
Insurance Requirements for Recreation Contracts
As required by Section 12 of the Agreement, Contractar 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. Cornmercial General Liability (CGL): Insurance Services Office Form CG 00 O1 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 perfo�m work unde�this contract.
� Otherwise, proof of Contracto�'s personal auto insurance with litnits required by state law
suffices. Conti^actor 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.
� 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 lirnit applies, it must apply separately to this contract or be twice the
required occurrence limit.
L�J Required if Contract involves services to children.
Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.
5elf-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 Insur�ers: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 ratmg of"A"or better and a fmancial size
rating of"VII"or better.
OTHEI2 INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the
follawing provisions:
l. 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 RecNeation 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 O1 04
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 Cantractor 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.
Primary 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 UmbrellalExcess 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 Cancellatian: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.
i�eri�cation 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 worlc 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 Circurnstances: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
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 contractor and the owner of �
I wish to enter irito a services contract with the City of upertino. I am fully aware of the
provisions of section 3700 of the California Labor C e, which requires every employer to
provide Workers' Compensadon coverage for e loyees in accordance with the provisions
of that Code. I am also aware that I must pro 'fle proof of workers' compensation insurance
to the City of Cupertino for any and all ernp yees I may have, pursuant to Section 12 of the
City of Cupertino's contract.
I hereby certify that I do not have an employees nor will I have any employees working for
me or my business during the ter�of any service contract with the City of Cupertino. I am
not required to have Workers' bmpensation insurance.
I declare under penalty of erjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this ay of , 2018, at , California.
PRINT NAME
SIGNATURE
EXHIBIT D
Contractor's Mandated Reporter Declara#ion
'The undersigned does hereby certify that:
1. I arn a representative of CLAP ARTS; that I am familiar with the facts herein and am
authorized and qualified to execute this dedaration.
2. I declare that CLAP ARTS has complied with fingerprinting and criminal background
investigation requirements with respect to a11 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 forrn 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 rnentioned 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"sel#"):
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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.
I declare under penalty of perjury that the foregoing is true and correct.
CLAP ARTS
(-'� -
By: SHARON DESOUZA
Title: CO-OWNER
Date: _ ��2-�i�5�
,�--"""'1 CREAT-5 OP ID: MW
'`'���`L'� CERTIFIC�4TE OF LIABILITY I�ISURANCE DATE�MM/DD/YYYY)
06l29/2018
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(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Insurance by Allied Brokers-1 PHONE ABCO-PA House Account FAX
Lic#0525309 a�c rva eXt:650-328-1000 ,vc No: 650-324-1142
630 Cowper Street E-Mai�
Palo Alto,CA 94301 AooRess:
ABCO-PA House Account INSURER�S)AFFORDING COVERAGE NAIC#
ir,suReRn:The Hartford 29424
INSURED Creative Learning and INSURERB:MBCI(BI IIISUCaIIC@ COI7lpall�/ 002699 �
Performing Art dba CLAP Arfs
INSURER C:
San Jose, CA 95112 INSURERD:
INSURER E:
INSl1RER 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 TYFE OF INSURANCE AD�L SUBR pOLICY NUMBER MM/0D� MMIDD/YYYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ ��OOO,OOO
B X COMMERCIAL GENERAL LIABILITY X X SCP70003236-00 06/28/2018 06l2812019 DAMAGE TO RENTED
PREMISES Eaoccurrence $ ��0,�00
CLAIMS-MADE �OCCUR MED EXP(Any one person) $ �O,OOO
PERSONAL&ADVINJURY $ 'I,OOO,OOO
X PROF LIAB INCL GENERALAGGREGATE $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ INCLUDED
X POLICY PR� LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea acadent $
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIREDAUTOS NON-OWNED PROPERTYDAMAGE $ -
AUTOS PER ACCIDENT
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERSCOMPENSATION X WCSTATU- OTH- �
AND EMPLOYERS'LIABILITY TORY L M TS ER
A ANYPROPRIETOR/PARTNER/EXECUTIVE YIN 57WECTY0401 O9/O6/2O'I7 09/06/2018 E.LEACHACCIDENT $ 'I,OOO�OOO
OFFICER/MEMBER EXCLU�ED9 ❑ N�A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ �,000,0�0
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 'I,OOO,OOO
B Abuse/Molestation SCP70003236-00 06/28/2018 06/28/2019 Aggregate 1,000,000
EachClaim 2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACOR�101,Additional Remarks Schedule,ff more space is required)
The holder of this certificate, The City of Cupertino, its Ci.ty Council,
boards and commissions, officers, employees, and volunteers are named
as Additional Insureds as their interest may appear. This insurance is
primary and non-contributory. 30 day written cancellaion notice will be
given. Waiver of subrogation applies in favor of certificate holder.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Cupertino Parks and Recreation
10185 N.5telling Road AUTHORIZED REPRESENTATIVE
Cupertino,CA 950'i4
�'1..�.,��...:. �,�-
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
POLICY NUMB�R: SCP70003236-00 COMMERCIAL GENERAI,LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL Il�SURED-OWNERS,LESSEES OR CONTRACTORS
(FORM B)
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
City of Cupertino, Its City Council, Boards a�d Commissions, O£�icers,
Officials, Employees, Agents, Servants, Volunteers and Consultants.
(IF NO ENTRY APPEARS ABOVE,INFORMATION REQLJIRED TO COMPLETE THIS
ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS
ENDORSEMENT.)
Creative Learning and IS AMENDED TO INCLUDE AS AN INSIJREI� TI IE
PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONL�'
WITH RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" FOR
THAT INSURED BY OR FOit YOU.
CG2010 1185
i�� CREAT-5 OP ID:JS
'°���`��µ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
07/11l2018
THIS CERTIFICATE IS 15SUED 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 PRO�UCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject,to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate daes not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT ABC�-PA House Account
Insurance by Allied Brokers-1 PHONE FAX
Lic#0525309 AIC No eXt:650-328-1000 A�c,No: 650-324-1142
630 Cowper Street E-mAi�
Palo Alto,CA 94301 ADDRESS:
MeClfB WatS011 INSURER(S)AFFORDING COVERAGE NAIC#
iNsuReR a:The HartFord 29424
INSURED Creative Learning and iNsuReR s;Markel Insurance Company � 002699
Performing Art dba CLAP
Street INSURER C:
San Jose,CA 95112 INSURER D:
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 M.AY 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.
INTR TYPE OF INSURANCE DDL BR pOLICY NUMBER MM/�DY� MM/DCDYIYYYY LIMITS
GENERAL LIABILIN EACH OCCURRENCE $ 'I,OOO,OO
B X COMMERCIAL GENERAL LIABILITY X X SCP70003236-00 06/28/2018 06/28/2019 pREMISES Ea occurrence $ ���,00
CLAIMS-MADE �OCCUR MED EXP(Any one person) $ �0,��0
PERSONAL&ADV INJURY $ 'I,OOO,OO
X PROF LIAB INCL GENEtu�LAGGREGATE $ Z,OOO,OO
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG � INCLUDE
X POLICY PE�� LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
ANYAUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS PER ACCIDENT
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER . . .
A ANY PROPRIETORJPARTNER/EXECUTIVE Y� N�A 57WECTY0401 0910612017 OJ/O6/2O'IH E.L.EACH ACCIDENT � $ ��OOO,OO
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ �,��0,�0
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 'I,OOO,OO
B Abuse/Molestation x SCP70003236-00 O6/28/2018 06l28/2019 Aggregate 1,000,00
EachC�aim 2,000,00
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attaoh ACORD 107,Additlonal Remarks Schedule,If more space is required) -
The holder of this certificate, The City of Cupertino, Its City Council,
Boards, and Commissions, Officers, Officials, Employees, Agents, Servants,
and Volunteers, are named as Additional Insured as their interest may
appear. This insurance is primary and non-contributory. Waiver
of subrogation applies in favor of certificate holder. (cont Pg2)
CERTIFICATE HOLDER CANCELLATION
CTYOFCU
SHOULD ANY OF THE ABOVE DESCRIBED POLIGES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Cupertino,ItS CItJ/ ACCORDANCE WITH THE POLICY PROVISIONS.
Council,Boards&Comm,Ofc,
Empl,Agt�.SeY1/�VO�S�sc Ci11S�t AUTHORIZED REPRESENTATIVE
10300 Torre Ave. �r�/'� � , ��
Cupertino,CA 95014 � � �,.- ».
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
NOTEPAD. HOLDERCODE CTYOFCU CREAT�S PAGE 2
INSURED'SNAME Creative Learning and OP ID:JS Date 07/11/2018
30 day written cancellation notice will be given, 10 day for non-payment
of premium.
Certificate Holder:
Cit�r of Cupertino, Its City Council, Boards and Commissions,
Offs.cers, Officials, Employees, Agents, Servants, Volunteers
and Consultants
10300 Torre Ave.
Cupertino, CA 95014
PoL�CY NU1vtsEx: SCP7000323G-00 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS
(FORM B)
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
The City of Cupertino, its City Council,boards and cornmissions, of�cers,
employees, and volunteers
(IF NO ENTRY APPEARS ABOVE,INFORMATION REQUIRED TO COMPLETE THIS
ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS
ENDORSEMENT.)
Creative Learning and IS AMENDED TO INCLUDE AS AN INSURED THE
PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY
WITH RESPECT TO LIABILITY ARISING OUT OF ��YOUR WORK" FOR
THAT INSURED BY OR FOR YOU.
CG20 101185
POLICY NUMBER: SCP70003236-00 COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
The City of Cupertino, its City Council, boards and commissions, officers, employees,
and volunteers
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS)is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under
a contract with that person or organization and included in the "products-completed operations hazard". This waiver
applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
StateFarm
� State Farm Mutual Automobile Insurance Company 06230-3-A MUTL VOL
1P � 900 Old.River Road
eakersfield, CA 93311' DECLARATIONS PAGE
NAMEDINSURED
AT2 05-7426-3 A A POLICY NUMBER 222 1029-A17-05G
000�as oose POLICY PERIOD JUN 21 2018 to JAN 17 2019
SAN JDSE CA 95112-3952
AGENT
STEVE SOSNOWSKI —
841 BLOSSOM HILL RD STE 102
SAN JOSE,CA 95123-2704 —
PHONE:(408)292-0411 or {408)292-2867
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.
IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT IS ENCLOSED.
YOUR CAR
�.Y�1�R NtAKE�-: ��,�NCtIIEt� ��8{}17Y�T1!LE ��,�/Et�!(3LEID N1JJ�lf�El��, ��LASS �,.: .>�
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Bodily Injury Limits
� ��.�� �Y;.�. _ �
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� $250 000 $500,000
T ���� � }� ��Pra�s�7tg�D�Yxtage LarnJ�_�.����. ��.e�X;�� ����� .�` .�� '��� �� �,.n_� `
w����.n __e,e.d n,.�<�._ -_�_.��� � _�:�;� e e_.��._ �.��.�� e�:
Each Accident
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;������,�,�� s_�����:I�;4fl.t��,��.�.,�..�y =�,�.�:�-�,��`k���..�.� _��....�._ �—h..�n`` ��:.-:ry.�.�� � ��k ��9�,�-_s.�
C Medical Payments Coverage $13 57
� �� � _,��� ��,�; ��� : .��;� �� � �� � "� ��� �� :�� "��` ` � :
z'a�>.�.u,,..z�,�,w��. ,�,�saR�r��:.tll�tl� �'d```�.�'i,'�.,.�C54t`t.s "`�'.,,..atis :���.x�..�� .- ,..r�c.,r�- _ _„�.W.,�.c.,�:_ �:.,;.r�s,«- ,-,...,..x:... -._ .:w.. � .
$5,000 .. .. . .
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G Collision Coverage $1 000 Deductible $180 83
= .��� r�x� �, :�r� „�.� ,�z Z � r�� ���� `�- r � �� �,� : �n � �a��_ ,� xr�
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R1 Gar Rentra�l:and Travel Expenses Coverage $19 60
'� ��aw�.��:�...� �iITTlt.cr�.Se.r����[lf�.l E'��"�t�E';wz��...:rn,'�`��:��- �, �: �. :,��uti���zz�s:=c�«� _�� n.�..�a:�s�-�: s�.,��� ,.- ..�.._'
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��� ��-�, �.��� Each Day�_ Each.�°� : 3.� � �2 �� � �,�,, x�� � � :
���z�,��� _���..,,.��25���� �,�,��6�3�3�� .��r�, ��-.��..�.:'� ��y,.xv�� �- .���. �-�,..��„��;'� ����, �`���„.A� �,��h.�
U Uninsured Motor Vehicle Coverage $50 39 '
��� -���- �� -- �.�� -�� �� ��- �� .��� ��
,��v..�:�z�-r �_.�.:���.., .84CIt�y[#.ljuC��rLlrkkl�s�:4:��:::�;:�z -��.�....,��. `^ x �a�^,,�.��..:.'�a-=``�a<��_���.�a-- �..e�:�„�;. �`�-�__-��s,... s��.._�Wax�:
Each Person, Each Accident
�;��� � �- .�����.���#�,�a�t���-�$59�},�lflU���wx.���-�.�w:����:����� ��?...��� �-�ti�,�����_ ,�;x..��`,� - �.y���.~���:
.�„�:�,�-
Ui Uninsured Motor Vehicle Propertv Dainaqe Coveraqe $3 98
„ _ �f� ��� � �� �-�-� � �� __
-,T�Cat�r�m�Iui�"�`f�,fil�t�`,�:�4'�8 3�t J��1'��Qi��. �...�„ ,-��-...b�,.$5$���,a,This is n�f a;�fiEl.=.�
��f�C�l���7'�S('�Nf���A���,���.������ �.��,��������,� �� ������� � ���� ��` ���� �� ��'
...,..,_ .�__ . . ,s „xn,� ,— ....�,. _._...w..,..t
Replaced policy number 2221029-05F.
Your total renewal prem ium for JUL'17 2018 to JAN 17 2019 is$514.78.
;�)CCEI>TIUNS�i��„LT�'Sr�C�ioi�L��`�Nfl`�t�5�i��lUI�NT�{�e�po�«y I�o7ctet&�tq�i�vic�ua�e�ar�'ars�Enefa�s�foC�caverage det�is£f �
YOUR POLICY CON5I5TS OF THIS DECLARATIONS PAGE THE POLICY BOOKLET -
FORM 9805B AND ANY ENDORSEMENTS THAT APPLY, I�ICLUDING THOSE ISSUED TO YOU
WITH ANY 5�1BSEQUENT RENEWAL NOTICE.
6126MDOR- OEXCESSNCOVERAGEAFbRPPER�ONAL�VEH�CLENSHARINGA 30156-9246.
6128AC AMENDATORY ENDORSEMENT.
Agent: STEVE S05NOWSKI
Telephone: (408}292-0411
00437/00290 See Reverse Side Prepared JUN 25 2018 7426-BFF
155-3866 CA2 05�2002(o1a025fo) (o1a0254o) �
145XON (o1a025tej