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18-001 Holiday Lightsci,rY Or CLJC ERTI N O RECREATION SERVIICES AGREEMENT No. rY2018-1.9 1. Parties. This contract is made and entered into as of 11./25/2018 ("Effective Date"), by and between the City of Cupertino, a municipal corporation ("City"), and with HOLIDAY LIGHTS, ("Contractor"), a SERVICE PROVIDER for HOLIDAY LIGHT INSTALLAT.ION FOR THE QUINLAN COMMUNITY CENTER. 2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Scl-iedule of Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends on 2/1/201.9 ("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 acti:ial 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 $6,1.75.00 ("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, disbtiursennents 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 perfornnirrg 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 connpetent and professional manner. Contractor will supply all tools, materials and equipment required to perform the Services wider this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license. Reci,eation Services Agr,eenrent/ Rev. 3-27-2018 �- Page 1 of 6 6. Proprietary/Confidential Information. To the extent Contractor may have access to private or confidential bnfocinaLknn owned or controlled by the City, Conti -actor agrees to treat it confidential and use it solely to perform this Agreement. Contractor inUst exercise the sarne standard ofcare io protect City in[orznedon as a reasonably prudent Contractor would use to protect its own �ei (a proprietary data. . 7, (}v«uecabip of Materials. To the extent Contractor prepares vvci(tco material, drawings or data in connection with this contract, City will have the property rights to those couieziu|s and all copyrights, ifany, tosuch work product will constitute City property. @. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its perfocrnance 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 docunnento 000atbo kept separate from other files and maintained for four years lroco the date of City's fina|payrneot. 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. Arty publicity generated by Conti -actor related to this contract or the Services during the Coutract7`iono and for one year Lhcrcu[tcr must reference City contributions. The words "City of Cupertino" ahoD 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 orLinder this Agreement without prior written approval from City. 11. Indemnification. To the fullest extent allowed by 1uvv and except for losses caused by the sole negligence orwillful nnisconduct of City personnel, Contractor agrees to indemnify, defend, and hold harmless the City, its City Council, boards and coznnniosioos, officers, officials, employees, agents, servants, volunteers and Contractors (collectively, "In dcrnoitceo''), through legal counsel acceptable to City, frnoo and against any liability for damages, claims, actions, causes of action, demands, charges, losses, cost-, and expenses (bicluding attorney fees, legal costs and expenses related LoUdgetiun,orbitcntiona,adcniniaLradveandzegulatozyproceedioge\,oIeverynahuze,arieLngonto[ur in any way related to Contractor's or Contractor's agents performance of this contract orthe Services. This includes but is not limited to Liability resulting in pccaooa| injury, death, property dacuage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision andozumt accept a tender of defense upon receiving notice from City. Contractor s payments may be deducted or offset to cover any money the [ih/ lost due in a olaion or counterclaim arising out of this Contract. 12. Insurance. Contractor shall con-iply 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, arnnun� and dates of coverage. AlicrnadveLy, City in its sole discretion may purchase insurance and deduct the costs from payments to Contractor, or terminate the contract. Reoyotim/Services AJmomanlRev. 3-2 7-20/8 Page 2 of 6 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. ]'his contract is sn6ect to local, state and federal |ovvs and zcgu IoLions prohibiting discdminudoii,bncludingTiUeVOo[tbeCivdOiubts Act ofI964, the CoQbmia BoizEonp|oyrnenLI,racbcesAct, the/\noericonswith Disabilities Act of19gO,andother lavvathat pertain to lair cnnp|oycncoL and anti-diacricoioahon practices. Contractor must comply with labor |avva pertaining to prevailing vvngua, vvorkingboora, 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 ernp|oyroent eligibility of crnp|oyeca pursuant to the Ironnigrnhon Reform and Control Act of 1986. Contractor must comply WiLh C011fliCtof interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file o conflict of hn(creoL form for engaging in governmental decisions or serving in a staff capacity, and is hereby advised to review the requirements of California Political I<e[orcn /\cL 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 toCity officials and employees. Additional Requirements for Services Provided toMinors: Contractor and its employees who provide services under this must coonplvwith 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 uTuberculosis screening test aarequired bylaw and as set forth in Exhibit[). C. Comply with the Mandatory Reporting under California Penal Code'l 1164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, A132007, and other laws pertaining to C011CLISSiOl-I (Valuation, removal from play, and rciocn to play protocols. (Refer to Center for Disease Control 8c Prevention, D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with n concussion information sheet, signs and returns the forms to the City aozeqoiredbyHealth and Safety Code Section l24235. Require coaches and adi-niiiistrators to successfully complete the concussion and head injury education at least once cidbcr online or in person, before supervising a participant. Contractor abaU offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Z)iocaac Control GcPzevendon(link cited abovc\. E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth buthe Recreation & Community Services Instructor Manual. Check one (if applicable): 0 This contract requires services for children. Reereation Services Agreemeiw'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 iii ' Exhibit B —Ins Lirance Requirements for Recreation Contracts', proof of finger printing and additional requirements under Paragraph 1.3. 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: Name: Kelsey Hayes Position: Recreation Coordinator Contact: kc=1_a(vhw)cu17c_rtirlo.or_ ; (408) 777-3126 For Contractor: Name: Mike Matsis Position: Owner ( 15. Abandonment. City may abandon or postpone the Activity or Prograrn 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 lending resolution of any dispute. If the Parties elect arbitration, the arbitrator's awardmust be supported by law and substantial evidence and include detailed written findings of law and fact. 18. A.ttorneyFees, 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 rao 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 tern -i, 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 Recreation Services Agreerrrent/ Rev, 3-27-2018 Page 4 of 6 written, between the Parties. This Agreementmay not be modified or amended except in wrilirig 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 b isertion 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 terins 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 Pees, will survive the expiration oar 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: Office of the City Manager 1.0300 Torre Ave., Cupertino CA 95014 cc: Representative/Coordinator: Kelsey Hayes Email: kelseyh@cupertino.org To Contractor: cc: Representative/Coordinator: Mike Matsis 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. t. Services Agreement/ Rev. 3-27-2018 Page 5 of 6 t.°OTRN " k kfikc iatssls �.. 7aPT'RtJVISD AS TOFORM: . - __.) Coll traa"ctlEncumbered Amou� t: $6,1755,00 Account Pate.: 100-61-605-700-702 A Municipal C orpcnition By_— Title ,,.; v ATTEST: Lam'• SCOPE OF WORK, CONTRACTOR SERVICES TO BE PERFORMED AND PAYMENT SCHEDULES The Contractor will provide holiday light installation for the Quinlan Community Center and the immediate outside grounds. Location and Time of CONTRACTOR Services: Installation will begin on November 25, 2018 and be completed by November 30, 2018. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. The total compensation to the Contractor shall not exceed $6,175.00. Services to be Performed by CONTRACTOR: FRONT ENTRANCE: 0 Hang 6 FT wreath O (2) large colmuns on each side of front door wrapped with pre -lit garland - 6 strands each. Y (6) small columns around front archway wrapped with pre -lit garland- 2 strands each BACK ENTRANCE and FIELD: ® 1.2 plum trees in back field trunk wrapped with LED minis, 5- 6 strands estimated for each one ® 8 Pepper trees on the side of the back entrance trunk wrapped with LED minis estimated at 4-5 strands each • (2) 4 ft. wreaths one above back door and one on archway • (2) Large columns on each side of the back door wrapped with pre- lit garland - 6 strands each ® (6) small columns around back archway wrapped with pre -lit garland - 2 strands each PAVILION in BACK: • Trim all four sides of pavilion with pre -lit garland, 1.2-1.4 strands estimated. (8) un -lit large 3 ft. outdoor bows hung on the four brick support posts for pavilion CONTRACTOR employees: Kai Gorman Alex Bober- Ken Dalin James Dennis Lucas Farnsworth Gabe Follette Nick Ferrell Jordan Forbes Steven Goerzen Dylan Katrenick-Perez Austin Laffe Stefan Alex MCBain Mike Newkirk Chris Noel Sujoy Paul Austin Perry Matt Putz Raju Naga David Rodgers Erik Rodriguez Nate Segal Bryan Selves Jeremy Stevens Jack'Fasker Riley Wilcox Scott Basilotta Michael Matsis William Bunch Exhibit B lrrsurarzce 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 beat least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occu rrcnce" basis, including property damage, bodily injury and personal cS'c advertising injury with limits no less than $1,000,000 per occurrence. If' a general aggregate limit applies, it must apply separately to this proiect/location (CG 25 03 or 25 04) or be twice the required occurrence limit. 2. Automobile Liability: ISO CA 0001 covering Code I (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. Regrtirecl if aartornrohile is ztsed to perforin nrork urrdc�r° this curb°ctct. ❑ Otherwise, progf Qf Contractor's personal auto insurance ivith limits required' by state lcm sg1fices. Contractor shall not transport or use its personal i�ehicle to transport parlicipernts or perforin Work ruder° 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 ifConlraclor has employees. ❑ If no employees, Corrtrcrctor must sign 4ffidavit of No EmI loyees. 4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involvin( 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 pet- occurrence. eroccurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. ❑ 1?equired if'Contract irwolves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Self=lrrsured Retentions: Seti=insured retentions must be approved by City. City may require Contractor to provide proof of ability to hay 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 gflnsurers: InsU]'anCe 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: I . 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 L;xh. B Instmcrnce f n, Recreation Contracts Updated 3-26-18 operations performed by or on behalf of the Contractor including materials, pinus or equipment furnished in connection with such work or operations. 2. Contractor's insurance shell be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. 1 The hnsurance 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 fi•om 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. 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 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 minimuin 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: Inslll'ers 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. 1sxh. B Insurance firr Recreolion Contracts Updated 3-26-18 SCOTT -6 OP ID: CP DATE iMMJODIYYYY) C,ERTIFICATE OF LIABILITY INSURANCE 11105/2018 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(ios) 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 HOU Of such endorsement(s). PRODUCER CONTACT NAME:Jennifer Delarocha BOZZUt0 & Associates IIISUrance PHONE - FA - X , Ext), 800-989-8712 -429-8460 34 S. Second St jAjg, No): 408 Campbell, CA 95008 E-MAIL . ADDRESS: jonni erd and bins urance.com Under 5000 Account No Producer THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSURERS) AFFORDING COVERAGE NAIC 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSURER A: Colony Insurance Company 39993 INSURED Holiday Lights, LLC INSURER 13 : Ohio Security Insurance Co ;24082 Bay Area Event Lights .......... . �135076 INSURER D Ohio Casualty Insurance Co 124074 INSURER E INSURER F r.r)\/PPA('F.q ('.FRTIPICATF W1 IKARF-R- REVISION NUMBER - FGEIT ATE LIMIT APPLIES PER 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 10 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS URANCE : I " E ..,Y Fiz POLICY EXI t4sR -- -- - - i ADIDL SLIER (MM/DD LTR TYPE OF INS I DI POLICY NUMBER "YY'Y' IMM/DD/YYYn�LIMITS - MITS -------- A X COMMERCIAL GENERAL LIABIL11Y Cupertino, CA 95014 EACI I OCCURRENCE 1,000,00() i (A.AIMS-MADE X OCCuR X X �103GLOO2611000 10/18/2018 DAMAnF-TO RENTED 10/18/2019 100,000 PREMISES (Ea occurrence) I MED EXP (Any one person) c 5,000 PERSONAL & ADV INJURY 1,000,000 FGEIT ATE LIMIT APPLIES PER GEN LRAL S 00(),000 AGGREGAI E [­ 7 1— LOC POLICYXj PRO- I IC , ECT PRODUCTS - COMROP AGG 2,000,000 OTHER� AUTOMOBILE LIABILITY CCVBINED SINGLE LIMIT omdenr)­----- 1,000,000Iii__(Ea B ANY AUTO BAS57653141 11/16/2018 11/16/2019 -- — - 30(LdLY INJURY (Per person) IS— ALL OWNED SCHEDULED BODILY INJURY (Per accident) AU AUTOS JOS NON-OWNED1-7 MORERTY DAMAGE HIRED AILITOS AUTOS Per nccident). UMBRELLA LIAR OCCUR EACH OCCURRENCE-­�Fs-­-, EXCESS LIAR LCLA�IM-MADEI AGGREGATE ,, DED RETENTIONS WORKERS HXDPLOIPYYINC ANY PROPRITOR/PARTNERIEXECUTIVE OBEREXCLUDED" NIA X 9034451-1811/16/2018 11116/2019L L EACH ACCIDEN I S 1,000,000 CERIMI (Mandatory in NH) E I. DI DL SE - EA EMP10YEL S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.1... DISEASE -POLICY LIMIT S 1,000,000 BMO58386982 11/06/2018 i 11106/2019 Limit/Ded 25000/1000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD101, Additional Remarks Schedule, may be attached if more space is required) Re: All CA Operations. The City of Cupertino, its City Council, boards and commissions, officers, officials, employees, agents, servants and volunteers are named as Additional Insured per attached. Insurance is Primary & non- contributory. Waiver of subrogation applies to the CL & WC per attached. 30 days notice of cancellation except 10 days for non-payment. ('r-PTIPirA'rr: wni nPP CANr.P1 I ATInN CITYCC8 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. 10555 Mary Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 103GL002611000 COMMERCIAL_ GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location And Description Of Completed Operations As where required by written contract prior to loss. All covered locations. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: l03Gl/]026l]00O COMMERCIAL GENERAL LIABILITY CGZ01OO41J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iTCAREFULLY. ��������0�����U ������ ������� � ���������� � �������� ���� ������xxm��x���u~ xm�����x����� ���mx���u�*�, ���������.u��� ���� CONTRACTORS - SCHEDULED PER���ON OR ORGANIZATION This endorsement rnodffips, Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PAR -F SCHEDULE Narne Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations is required by written As designated in written contract with the Nanied contract with the Named Insured Insured Information required to complete this Schedule, if not shown above, will be, shown in the Declarations. A. Section O —Y0ho Is An Insured is amended to include as anadditional inouredthe person(s) or organization(s) shown in the Schedule, but only with respect ioliability for "bodily inj` "property damage" or a( and adverlioing injury' oouoed, in whole or in port, by� i. Ynuracts memissions; m 2. The acts mnmi»xions n[Lhoxeacting unyour behalf, inthe performance ofyour ongoing operations for the additional insured(s) at the location(s) designated above. However i. The insurance afforded to such additional insured only applies tn the extent permitted by law; and 2. If coverage rovd dtotheaddiUoneJinaumdio required by a contract o/ agreement, the insurance afforded (o such additional insured will not bebroader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional \naureda, the following additional exclusions apply: This insurance does not apply ho"bodily injury^or "property dumuge'occurring after: 1. All work, including mmtaria|s, parts or equipment furnished in connection with such work, on the project (other than service, maintenance orrepaim) toboperformed byor on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of 'your wmdK' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal aaepart ofthe nemeproject, CG 20 10 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to 2. Available under the applicable Umhz of Insurance shown inthe Oec\mmhona� whichever is less. If coverage provided to the additional insured is This endorsement ahuU not increase the required byacontract oragreement, the most we applicable Limits of Insurance shown in the will pay on behalf ofthe additional insured is the Declarations. amount ofinsurance: 1. Required bythe contract oragreement; or Page 2nf2 (DInsurance Services Office, Inc., 2012 CG2O1OO413 Policy #103GI,00261 1000 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDO IRS EM ENT C FIANGES THE POLICY. PLEASE READ ITCSAR EFULLY, PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution frorn any other insurance available to an additional insured under your- policy provided that: (1) The additional insured is a Narned Insured Linder such other insurance: and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribUti0r) from any other insurance available to the additional Insured, GG 20 01 04 13 @ Insurance Services Office, Inc., 2012 Page I of I Policy #]03(]LUOZ6llO0O COMMERCIAL GENERAL LIABILITY CG24O4O5OS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies inourenoepmvided Linder the foUowing� COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART �111119KII� Name OfPerson OrOrganization: All persons ororganizations as requested by written contract with the Named Insured. I information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph O.Transfer Df Rights Of Recovery Against Others To Us of Snction|V—CondiUons: We waive any right of recovewe may have against the person or organization shown in the Schedule above because of payments we make for injury or demag* arising out of your ongoing operations or ''yourwork" 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 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 1 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE NOVEMBER 16, 2018 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING NOVEMBER 16, 2019 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME HOLIDAY LIGHTS, LLC WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER 9034451-18 RENEWAL NA 2-45-41-52 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: OCTOBER 9, 2018 AUTHORIZED REPRESENTIVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7.2014) 2572 OLD DP 217