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20-155 Silver and Wright LLP, Hearing Officer Services Agreement – 1 of 5 – CITY OF CUPERTINO HEARING OFFICER SERVICES AGREEMENT WITH SILVER & WRIGHT LLP 1. CAPTION 1.1. This Hearing Officer Services Agreement (“Agreement”) is effective as of the last date signed below (“Effective Date”), by and between the City of Cupertino (“City”), a California municipal corporation, and Silver & Wright LLP (“S&W”), a California limited liability partnership. 2. RECITALS 2.1. The City wishes to engage S&W to provide neutral administrative hearing officer services. 2.2. S&W has the necessary experience, expertise, and competency to provide such services. 3. TERMS 3.1. Scope of Services. See Exhibit A. 3.2. Schedule of Performance. See Exhibit B. 3.3. Not To Exceed Amount. See Exhibit C. 3.4. Compensation. See Exhibit C. 3.5. Cost Reimbursement. See Exhibit C. 3.6. Billing. See Exhibit C. 3.7. Insurance. See Exhibit D. 3.8. Term of Agreement. The term of this Agreement shall commence on the Effective Date, shall continue for at least three years, unless terminated earlier pursuant to the provisions of this Agreement. This Agreement shall not be renewed or extended upon the conclusion of this term, and no new agreement may be entered into between the parties for a minimum of one year from the termination date. 3.9. Independent Contractor. S&W shall perform all services required under this Agreement as an independent contractor and shall remain a wholly independent with only such CITY OF CUPERTINO S&W HEARING OFFICER SERVICES AGREEMENT – 2 of 5 – obligations as are required under this Agreement. Under no circumstances shall S&W, or any of its agents, be considered an employee of the City and under no circumstances shall any employment benefits inure to S&W or its agents. 3.10. Termination. 3.10.1. Termination by S&W. S&W may terminate this Agreement without cause if it has no pending matters, upon at least 30 days’ written notice to the City. If the City fails to perform any of its obligations under this Agreement, S&W may terminate the Agreement upon at least 15 days’ written notice if, after notifying the City of the reasons for termination, the City should fail to cure said breach. 3.10.2. Termination by City. The City may terminate this Agreement only for good cause, which shall be effective immediately upon providing written notice to S&W. For the purposes of this Agreement, “good cause” shall mean: 3.10.2.1. S&W willfully breaches or neglects the duties S&W is required to perform under the terms of this Agreement. 3.10.2.2. S&W commits acts of dishonesty, fraud, misrepresentation, or acts of intentional, malicious, or bath faith nature or other acts of moral turpitude that would prevent or significantly interfere with the effective performance of the duties required under this Agreement. 3.10.2.3. S&W has any conflict of interest or violates applicable law, regulation, or policy governing conflicts of interest. 3.10.2.4. S&W fails to faithfully and competently perform the Services under this Agreement. 3.10.2.5. S&W fails to be able to provide a hearing officer in good standing with the State Bar of California. 3.10.3. Compensation. If either party terminates this Agreement pursuant to this section, the City shall pay S&W for its services rendered under this Agreement through the date of termination. 3.11. Document Retention. S&W shall retain the City’s documents for at least four years after the City’s final payment under this Agreement, after which the documents may be destroyed. If the City wishes to retain copies of any documents beyond that time, the City must notify S&W in writing within that four-year period. 3.12. Indemnification. 3.12.1. To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, S&W shall indemnify, defend, and hold harmless the City, its City Council, boards, commissions, officers, officials, employees, agents, servants, volunteers, and consultants, through legal counsel acceptable to the City, CITY OF CUPERTINO S&W HEARING OFFICER SERVICES AGREEMENT – 3 of 5 – from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorneys’ fees, legal costs, and expenses related to litigation and dispute resolution proceedings) for injury to or death of persons, or damage to property as a result of, arising out of, or connected to S&W’s performance of this Agreement. 3.12.2. The City shall indemnify, defend, and hold harmless S&W and its partners, employees, and agents from all claims, through legal counsel acceptable to S&W, from and against any and all liabilities, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorneys’ fees, legal costs, and expenses related to litigation and dispute resolution proceedings) regarding any mandamus action filed to challenge any decisions or orders made by S&W related to this Agreement. 3.13. Transfers. Neither this Agreement, nor any interest, right, duty, or obligation herein, may be transferred, assigned, delegated, conveyed, hypothecated, or encumbered without the prior written approval of the party. 3.14. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. 3.15. Venue. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. S&W must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. 3.16. Legal Notices. Notices relating to this Agreement must be in writing and sent to the physical addresses set forth below. A party may change its address for notices by giving notice as required by this provision. Written notice will be considered effective: (a) the day it is personally delivered or actually received; (b) five business days after deposit with the United States Post Office as certified first-class mail with return receipt requested and postage prepaid; or (c) two business days after deposit with a reputable overnight delivery service for next day delivery. 3.16.1. City: City of Cupertino Attention: Abby Ayende, Management Analyst 10300 Torre Avenue Cupertino, California 95014-3202 3.16.2. S&W: SILVER & WRIGHT LLP Attention: Curtis R. Wright CWright@SilverWrightLaw.com 3 Corporate Park, Suite 100 Irvine, California 92606 CITY OF CUPERTINO S&W HEARING OFFICER SERVICES AGREEMENT – 4 of 5 – 3.17. Attorneys’ Fees for Disputes. The prevailing party in any dispute to enforce or interpret this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees arising from the dispute form the non-prevailing party. S&W shall be entitled to any such costs and attorneys’ fees even if the work is performed by S&W. 3.18. Modification. This Agreement can only be changed, modified, amended, supplemented, or rescinded in a separate writing signed by all parties. 3.19. Waivers. A waiver of any provision of this Agreement must be in writing. Failure to insist upon strict performance of any provision, right, duty, or obligation in this Agreement is not a waiver of the right to future enforcement of that provision, right, duty, or obligation, nor any other provision, right, duty, or obligation. 3.20. Severability. If any of the provisions of this Agreement are found to be unenforceable, those provisions shall be reformed to prevent the unenforceable result in a manner that best preserves the original intent of the provision to the fullest extent possible, and all other provisions of this Agreement shall remain in full force and effect. 3.21. Integration. This Agreement constitutes the final, complete, and exclusive expression of all the terms and provisions of the agreement between the parties. This Agreement supersedes any previous agreements or negotiations between the parties, whether oral or written. 3.22. Authority. The City’s signatory has been authorized by the City Council to execute this Agreement on behalf of the City. S&W’s signatory has been authorized by the partnership to execute this Agreement on behalf of S&W. 3.23. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Heather M. Minner Director of Community Development Nov 30, 2020 Benjamin Fu Nov 30, 2020 CITY OF CUPERTINO S&W HEARING OFFICER SERVICES AGREEMENT – EXHIBIT A – SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES S&W shall serve as a neutral administrative hearing officer for the City’s administrative hearings as requested by the City. The administrative hearings may be in-person, virtual, or by written declaration as agreed by S&W, the City, and the parties. The City shall be responsible for scheduling, coordinating, hosting, and noticing the administrative hearings. S&W requests as much advance notice for hearings as possible, preferably at least 15 days. The City’s main point of contact for scheduling hearings shall be Curtis Wright at CWright@SilverWrightLaw.com or 949-529-5922. S&W requests a Hearing Brief be provided by the City at least five days before the administrative hearings, explaining the matter history, the key facts, the relevant law, and the relief requested, and attaching the relevant evidence and a Proposed Decision. S&W requests that other parties to the hearing be encouraged to file their own Hearing Briefs containing the same information, evidence, and Proposed Decisions at least five days before the administrative hearing as well. S&W will review the briefs in advance of the hearing. At or after the hearing, S&W may request additional briefing from the parties as well. S&W may continue hearings as necessary in the interests of justice. Once all evidence is received, and the hearings and briefings are concluded, S&W will endeavor to issue a Decision within five to thirty days. The Decision will recite the relevant facts, explain the reasoning for the Decision, and shall uphold, modify, or deny the relief being sought by the City. CITY OF CUPERTINO S&W HEARING OFFICER SERVICES AGREEMENT – EXHIBIT B – SCHEDULE OF PERFORMANCE EXHIBIT B SCHEDULE OF PERFORMANCE The typical timeline for an administrative hearing is anticipated to be: 1. At least fifteen days before the desired hearing date, the City contacts S&W to coordinate scheduling the date, time, and location for the administrative hearing. The City’s main point of contact will be Curtis Wright at CWright@SilverWrightLaw.com or 949-529-5922. 2. At least ten days before the administrative hearing, the City gives notice to all parties of the date, time, and location of the administrative hearing. The notice shall encourage all parties to provide S&W with a Hearing Brief at least five days before the hearing that explains the relevant history and key facts of the matter, their legal arguments, and their requested relief, and attaches their relevant evidence and Proposed Decision. 3. At least five days before the administrative hearing, the City provides S&W with the City’s Hearing Brief (case history, key facts, relevant law, and requested relief), relevant evidence, and Proposed Decision. 4. Prior to the administrative hearing, S&W will review the Hearing Briefs, evidence, and relevant law. 5. At or after the hearing, S&W will request additional briefing and evidence as necessary. 6. Once all evidence is received, and the hearings and briefings are concluded, S&W will endeavor to issue a Decision within five to thirty days. CITY OF CUPERTINO S&W HEARING OFFICER SERVICES AGREEMENT – EXHIBIT C – COMPENSATION EXHIBIT C COMPENSATION Not To Exceed Amount. S&W’s compensation for services pursuant to this Agreement shall not exceed $15,000 without further authorization from the City. Compensation. S&W shall be compensated by the City for hearing officer related services at the rate of: $227 per hour for all associate attorney services; $243 per hour for partner services; and $139 per hour for all paralegal and law clerk services. S&W will keep track of all billing entries on a daily basis with accurate descriptions of the services provided. S&W will charge in increments of one tenth of an hour, rounded up to the nearest one tenth of an hour for each particular activity. S&W’s rates may increase by up to five percent per year beginning January 1, 2021 to offset rising industry costs. Cost Reimbursement. The City shall reimburse S&W for all costs and expenses incurred by S&W in providing services under this Agreement, including court costs, process server fees, courier and messenger fees, postage expenses, property title research costs, legal research costs, discovery and depositions costs, printing and document reproduction costs at 10¢ per page for black and white and 50¢ per page for color, travel, automobile mileage at the prevailing IRS rate, litigation costs, and other costs necessary for services. Billing. S&W will submit monthly invoices to the City for the services provided under this Agreement. S&W’s invoices will include a breakdown of all fees and costs with detailed itemized descriptions. The invoices shall be due and payable within 30 days of the invoice date. Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $1,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non -contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Sept. 2019 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self -insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consulta nt’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 1311865.1 09/10/2020 Brown & Brown Insurance Services of CA, Inc. 2401 E. Katella Ave. Suite 550 Anaheim CA 92806 Aleen Maldjian (714)221-1878 (714)221-4196 amaldjian@bbsocal.com Silver & Wright LLP 3 Corporate Park Suite 100 Irvine CA 92606 The American Insurance Company 21857 20-21 MASTER A Y Y TGF07302001 02/06/2020 02/06/2021 1,000,000 1,000,000 10,000 Excluded 2,000,000 Included Employee Benefits 1,000,000 A TGF07302001 02/06/2020 02/06/2021 1,000,000 A NIL TGF07302001 02/06/2020 02/06/2021 1,000,000 2,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured as respects to General Liability in regards to the operations of the Named Insured per endt AB 91 89 08 07. GL policy is Primary and Non-Contributory w/Waiver of Subrogation per endt AB 91 89 08 07. City of Cupertino Attention: Abby Ayende, Management Analyst 10300 Torre Avenue Cupertino CA 95014-3202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 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. COMBINED SINGLE LIMIT (Ea accident) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) Claims made Coverage, Covering 11 Attorneys, Retroactive Date: 03/01/2013. Deductible is $10,000.00 Per Claim and applies to Loss and Defense. Claims Expenses Are inside the limits of liability. GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY Y/N WORKERS COMPENSATION AND EMPLOYERS' LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 3924100000224 -00 07/01/20 07/01/21ALawyers Professional Liability - E & O EACH OCCURANCE DAMAGE TO RENTED PREMISES (Ea occurance) MED EXP (Any one person) PERSONAL & AND INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURANCE AGGREGATE WC STATU- TORY LIMITS OTHER E.L. EACH ACCIDENT E.L. DISESAE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVED DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSUREER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND TO THE INSURER, IT'S AGENTS OR REPRESENTITIVES AUTHORIZED REPRESENTATIVE N/A Each Claim: $2,000,000 General Aggregate: $4,000,000 INSURER D: First Indemnity Insurance Agency, Inc. 87 Oxford Street Lynn, MA 01901 Silver & Wright LLP 3 Corporate Park Suite 100 Irvine, CA 92606 CERTIFICATE OF LIABILITY INSURANCE COVERAGES DATE (MM/DD/YYYY) 08/11/2020 INSURERS AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: General Security Indemnity Company of Arizona20559 TYPE OF INSURANCEINSR LTR ADD'L INSRD POLICY NUMBER POLICY EXP LIMITSPOLICY EFFSUBR WVD PHONE (A/C, No, Ext): E-MAIL ADDRESS: 781-581-2519 shayes@firstindemnity.net CERTIFICATE NUMBER:REVISION NUMBER: City of Cupertino 10300 Torre Ave Cupertino, CA 95014 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). INSURER E: INSURER F: COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR POLICY PROJECT LOC ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED RETENTION $ OCCUR CLAIMS MADE CONTACT NAME:Sean Hayes 781-595-2293 FAX (A/C, No, Ext): PRODUCER INSURED The ACCORD name and logo are registered marks of ACCORDACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 09/11/2020 Automatic Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland NJ 07068 Automatic Data Processing Insurance Agency, Inc. 1-800-524-7024 Silver & Wright LLP 3 Corporate Park Ste 100 Irvine CA 92606 Sentinel Insurance Company, LTD.11000 1660152 A N N 76WEGAE7FSP 01/01/2020 01/01/2021 1,000,000 1,000,000 1,000,000 CITY OF CUPERTINO 10300 TORRE AVE Cupertino CA 95014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:12/16/19 Policy Expiration Date:01/01/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:76 WEG AE7FSP Endorsement Number: Effective Date:01/01/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:SILVER & WRIGHT LLP 3 CORPORATE PARK STE 100 IRVINE CA 92606 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us S&W - Code Enforcement Hearing Officer Final Audit Report 2020-12-01 Created:2020-11-24 By:Abby Ayende (AbigailA@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAevBiLT16mu7vWqCMdPaNHTLHTt1RTO28 "S&W - Code Enforcement Hearing Officer" History Document created by Abby Ayende (AbigailA@cupertino.org) 2020-11-24 - 5:08:16 PM GMT- IP address: 108.204.1.114 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-11-24 - 5:09:45 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2020-11-24 - 5:32:04 PM GMT- IP address: 108.204.1.114 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-11-30 - 4:22:19 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-11-30 - 4:22:21 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-11-30 - 10:56:26 PM GMT- IP address: 45.41.142.245 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-11-30 - 10:57:02 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2020-11-30 - 10:57:05 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2020-12-01 - 0:44:39 AM GMT- IP address: 104.47.74.126 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2020-12-01 - 0:44:59 AM GMT - Time Source: server- IP address: 24.130.171.172 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-12-01 - 0:45:01 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-12-01 - 3:56:06 AM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-12-01 - 3:56:15 AM GMT - Time Source: server- IP address: 148.64.105.190 Agreement completed. 2020-12-01 - 3:56:15 AM GMT