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21-001 Foothill-De Anza Community College District, Youth Art Instruction
Agenda Item Details Public Content Administrative Content Executive Content Motion & Voting Meeting Oct 04, 2021 - Regular Meeting of the Board of Trustees and Public Hearing on the Transition to Trustee Area Elections Category APPROVAL OF CONSENT CALENDAR (ACTION) Subject Approval of Consent Calendar Access Public Type Action Recommended Action Chancellor Judy Miner recommends approval of consent calendar items 1-8. Chancellor Judy Miner recommends approval of consent calendar items 1-4 and 6-8. Motion by Patrick Ahrens, second by Laura Casas. Final Resolution: Motion carries Aye: Patrick Ahrens, Laura Casas, Pearl Cheng, Peter Landsberger, Gilbert Wong, Michelle Fernandez, Rachel Homayonfar Agenda Item Details Public Content Administrative Content Meeting Oct 04, 2021 - Regular Meeting of the Board of Trustees and Public Hearing on the Transition to Trustee Area Elections Category APPROVAL OF CONSENT CALENDAR (ACTION) Subject 8. De Anza College - City of Cupertino Recreational Services Agreement for Youth Art Instruction 2021 - 2023 Access Public Type Action (Consent) Preferred Date Oct 04, 2021 Absolute Date Oct 04, 2021 Fiscal Impact Yes Dollar Amount 140,000.00 Budgeted Yes Budget Source Revenue Generating Recommended Action De Anza College administration recommends approval. Background and Analysis: In partnership with the City of Cupertino Parks and Recreation Department, De Anza College’s Euphrat Museum of Art administers its “Arts & Schools Program” offering after-school, weekend and school-recess art classes and camps for children and youth at the City of Cupertino’s Quinlan Community Center. This partnership with the City of Cupertino has existed in various iterations for over 25 years. These classes and programs generate revenue that contribute to funding self-supporting operations at the Euphrat Museum of Art. Classes are scheduled to begin in January 2022. The Community Education Division at De Anza College requests Board approval to enter into this two-year agreement with the City of Cupertino. Submitted by: Lloyd A. Holmes, President ext. 8705 Additional contact names:Marisa Spatafore, Associate Vice President Communications & External Relations ext. 8672; Sam Bliss, Dean, Community Education ext. 8275 Is backup provided?Yes CityCupertino_RecreationalServicesAgreement_2021_2023.pdf (582 KB) Executive Content Our adopted rules of Parliamentary Procedure, Robert's Rules, provide for a consent agenda listing several items for approval of the Board by a single motion. Documentation concerning these items has been provided to all Board members and the public in advance to assure an extensive and thorough review. Items may be removed from the consent agenda at the request of any board member. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 1 of 7 No. ___________ FY2021 - 2023 RECREATION SERVICES AGREEMENT 1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation (“City”), and FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT (“ College” or “Contractor”), a California Community College District for Youth Art Instruction and is effective on the last date signed below (Effective Date”). 2. Services. College agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends on 06/30/2023 (“Contract Time”), unless extended or terminated as provided herein. Time is of the essence and College must have sufficient time, resources, and qualified staff to deliver the Services as required. College must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 4. Compensation. City will pay College for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $140,000.00 (“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 College’s actual costs exceed the capped amount. College must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate College within thirty (30) days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. College must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment. 5. Independent Contractor. 5.1 College is an independent Contractor and not an employee, partner, or joint venture of City. College 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 College’s performance of the Services. College is not entitled to City’s health benefits, worker’s compensation or any other benefit. College must have the skills and qualifications to ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 2 of 7 perform the Services in a competent and professional manner. College will supply all tools, materials, and equipment required to perform the Services under this Contract. College is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code. 5.2 College is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. College and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. College shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to College’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of College. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that College, or any of its employees, agents, or subcontractors, is an employee for any purpose, then College agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. Proprietary/Confidential Information. To the extent College may have access to private or confidential information owned or controlled by the City, College agrees to treat it as confidential and use it solely to perform this Agreement. College must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data. College understands that City is subject to the provisions of the California Public Records Act, and any information obtained by the City may be subject to disclosure under the Act. To the extent that the California Public Records Act allows the City to exempt certain information from disclosure, City will keep such information received from the College confidential. Subject to the requirements of California Public Records Act, City agrees to exercise the same standard of care to protect College information it would use to protect its own proprietary data. 7. Records. College 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 College’s services, benchmarks, deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City’s final payment. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 3 of 7 8. Assignment. This Contract is not assignable. College 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. 9. Publicity and Signs. Any publicity generated by College related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions. The words “City of Cupertino” shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or under this Agreement, without prior written approval from City. 10. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel, College agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and contractors (collectively, “Indemnitees”), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of or in any way related to College’s or College’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. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of College personnel, City agrees to indemnify, defend, and hold harmless the College, its Board of Trustees, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Colleges (collectively, “College Indemnitees”), through legal counsel acceptable to College, from and against any liability for damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of or in any way related to City’s or City’s agents performance of this contract or the services provided by the City under this Agreement. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. This Section 10 shall survive termination of the Agreement. 11. Insurance. College shall comply with the insurance requirements in Exhibit B. City shall likewise maintain insurance at the levels set forth in Exhibit B, and City will name College as an “Additional Insured” on City’s Commercial General Liability insurance policy. 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. College, likewise, 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. 12. Compliance with Laws and Other City Requirements. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 4 of 7 Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and other laws that pertain to fair employment and anti-discrimination practices. College must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations. If College does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit C. College is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. College must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. College may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff capacity, and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. College agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors. College and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, https://www.cdc.gov/headsup/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 administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control & Prevention (link cited above). E. If providing instruction, College must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual. This contract requires services for children. 13. 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. College’s designation and any substitution are subject to City approval. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 5 of 7 For City: Name: Daniel Mestizo Position: Recreation Coordinator Contact: danielm@cupertino.org For College: Name: Diana Argabrite Position: Euphrat Museum Director Contact: ArgabriteDiana@deanza.edu 14. Abandonment. City may abandon or postpone the Activity or Program and will notify College as soon as possible. College will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City. 15. Termination. This Agreement may be terminated by either party upon a thirty (30) calendar day’s written notice to the other party, provided, that any classes in progress at the time of abandonment or postponement will be completed before termination of the Agreement takes effect. College will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 16. 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, College is required to continue to provide Services pending resolution of any dispute. At College’s request, City is required to continue to meet its obligations under the Agreement 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. 17. Attorney Fees. If City or College 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 17 survives this Agreement. 18. Third Party Beneficiaries. There are no third party beneficiaries under this Contract. 19. 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 the same or a different character. 20. Entire Agreement. This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other contract or understanding, either oral or written, between the Parties. This Agreement may not be modified or amended except in writing signed by both Parties. If there is any inconsistency between any term, clause, or provision of the main contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main contract shall prevail and be controlling. 21. Inserted Provisions. Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 6 of 7 22.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. 23.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. 24.Survival. All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Ownership of Materials, Records, Governing Law, and Attorney Fees, will survive the expiration or termination of this Agreement. 25.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 (5th) 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 10300 Torre Ave., Cupertino, CA 95014 Cc: Representative/Coordinator: Daniel Mestizo Email: danielm@cupertino.org To Contractor: De Anza College Community Education Division 21250 STEVENS CREEK BLVD. CUPERTINO, CA 95014 Cc: Representative/Coordinator: Diana Argabrite; Dean, Community Education, Sam Bliss Email: ArgabriteDiana@deanza.edu; blisssam@deanza.edu 26.Execution. The person executing this contract on behalf of College represents and warrants that College 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 College, 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE ___________________________________________________________________________________________________ Recreation Services Agreement/ Rev. June 2021 Page 7 of 7 IN WITNESS WHEREOF, the parties have caused this contract to be executed. COLLEGE By ________________________ Name______________________ Title ______________________ Date_______________________ Tax I.D. No.: Refer to W9 CITY OF CUPERTINO A Municipal Corporation By ________________________ Name______________________ Title ______________________ Date_______________________ APPROVED AS TO FORM: _____________________________ CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: _____________________________ KIRSTEN SQUARCIA City Clerk Date_______________________ 1268108.2 Susan Cheu Vice Chancellor, Business Services Raquel Puentes-Griffith on behalf of Susan Cheu Oct 19, 2021 Christopher D. Jensen Assistant Director of Parks and Recreation Rachelle Sander Oct 20, 2021 Oct 20, 2021 Updated 4/15/20 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The COLLEGE will provide YOUTH ART INSTRUCTION in, but not limited to, the following: BEGINNING DRAWING, ART IN THE PARK CAMP, FIRST STEPS ART CAMP, FIRST STEPS DRAWING & PAINTING, INTERMEDIATE DRAWING, SUMMER ART CAMP Location and Time of COLLEGE Services: Refer to the Recreation Schedule dated SUMMER 2021 – SUMMER 2023 for agreed upon dates, times, and locations of a class, camp, activity, program, or service (“class”). The City and College, by mutual agreement, may change the agreed dates, times and locations of a class. The city, at its sole discretion, may cancel a class. Compensation for COLLEGE Services: College shall be compensated for services performed pursuant to this Agreement. For a class taught in person, 60% of resident fee per participant based on final rosters. City and College may mutually agree for College to teach a class online rather than in person, provided that City and College reach agreement for compensation for that online class. Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins. The total compensation to the College shall not exceed $140,000 ($70,000 FOR FY21-22 AND $70,000 FOR FY22-23). Eligible Participant Minimum and Maximums for COLLEGE Services: Minimum: 5 Maximum: 22 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor. List of all College Employees working for the City of Cupertino (if no Employees, identify “self”): Laurin Chichkanoff Lydia Sanchez Contractor 3 Contractor 4 Anna Fankhauser Diana Argabrite Contractor 7 Contractor 8 Ernest Regua Contractor 10 Contractor 11 Contractor 12 Updated 4/15/20 Contractor 13 Contractor 14 Contractor 15 Contractor 16 Contractor 17 Contractor 18 Contractor 19 Contractor 20 Performance of COLLEGE Services Class Cancellation College will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or College before instruction begins, Contactor will not receive compensation for the class. If the City or College cancels performance of certain meetings of a class, College will only receive compensation for those meetings of the class that are performed. In the case College unilaterally cancels performance of a class without City approval, City reserves the right to immediately and without notice cancel the remainder of classes offered and or performed by College. COVID-19 Health Order Compliance College acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement, includes compliance by College with the restrictions on travel and the Social Distancing Requirements set forth in Section 13.k of the health order issued by the County of Santa Clara Public Health Department on March 31, 2020, in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws or policies that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). College shall comply with these restrictions on travel and Social Distancing Requirements when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Order or Health Laws, College shall refrain from conducting the work and immediately inform the City. College shall likewise comply with any City protocols designed to help prevent the spread of COVID-19. College acknowledges that the need to comply with the Health Order and Health Laws may result in the City canceling performance of any class or meetings of a class referenced in this Agreement. Registration, Enrollment, and Supervision The College shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City’s Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them. Injury of a Class Participant In the event of an injury occurring to a participant, the College 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. Exh. B Insurance for Recreation Contracts Updated May 2020 1 Exhibit B Insurance Requirements for Recreation Contracts As required by the Agreement, College shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement against claims arising from or in connection with College, its agents, representatives, employees or subcontractors Services under this Agreement. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location (CG 25 03 or 25 04) or be twice the required occurrence limit. 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 College'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 0001 covering Code 1 (any auto), or if College 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. 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. 4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. 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 College’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to College’s insurance Exh. B Insurance for Recreation Contracts Updated May 2020 2 (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 College’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 College 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 College, 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 College 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 College 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 College 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 College 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 College. 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. 1223215.2 6+28/'७$1<७2)७7+(७$%29(७'(6&5,%('७32/,&,(6७%(७&$1&(//('७%()25(७ 7+(७(;3,5$7,21७'$7(७7+(5(2)௵७127,&(७:,//७%(७'(/,9(5('७,1७ $&&25'$1&(७:,7+७7+(७32/,&<७3529,6,216 3 333 SWC 01513-01 7/1/2021 7/1/2022 1,000,000250,000 3333 3 SWC 01513-01 7/1/2021 7/1/2022 250,000 1,000,000 SWC 01513-01 7/1/2021 7/1/2022 500,250,00050,000 SWC 01513-01 7/1/2021 7/1/2022 250,000 Included Keenan & Associates 1732 North First Street, Suite 100 San Jose, CA 95112 mwilliams1@keenan.com Statewide Association of Community Colleges A A 8/11/2021 0451271 3 3 A A Statewide Association of Community Colleges Maya Williams John Stephens 408-441-0754 x6163 As respects to proof of coverage. * Sexual Abuse and Molestation included. RE: De Anza College Euphrat Museum After School Art Programs To Be Held At Quinlan Community Center Located At 10185 N. Stelling Road Cupertino CA 95014 from January 4, 2021 through December 30, 2022. Foothill De Anza Community College District 12345 El Monte Road Los Altos CA 94022 City of Cupertino Attn: Daniel Mestizo 10185 N. Sterling Road Cupertino CA 95014 arts program ***Waiver of Subrogation Applies*** 63324964 | FOOTHANZ | 2021-2022 PL | Maya Williams | 8/11/2021 3:13:26 PM (PDT) | Page 1 of 3 63324964 | FOOTHANZ | 2021-2022 PL | Maya Williams | 8/11/2021 3:13:26 PM (PDT) | Page 2 of 3 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under “as respects” below. Additional Covered Party: As Respects: ____________________________________________ Authorized Representative Issue Date: 8/11/2021 Foothill De Anza Community College DistrictSWC 01513-01 Keenan & Associates As respects to proof of coverage. * Sexual Abuse and Molestation included. RE: De Anza College Euphrat Museum After School Art Programs To Be Held At Quinlan Community Center Located At 10185 N. Stelling Road Cupertino CA 95014 from January 4, 2021 through December 30, 2022. ***Waiver of Subrogation Applies*** The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional covered parties This insurance shall apply as primary insurance and any other insurance maintained by City of Cupertino shall be excess and non-contributory. City of Cupertino Attn: Daniel Mestizo 10185 N. Sterling Road Cupertino CA 95014 63324964 | FOOTHANZ | 2021-2022 PL | Maya Williams | 8/11/2021 3:13:26 PM (PDT) | Page 3 of 3 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 below If 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Foothill-De Anza Community College District 12345 El Monte Road Los Altos Hills, CA 94022 This Voids and Replaces Previously Issued Certificate Dated 08/03/2021 WITH ID: W21777310. Waiver of Subrogation applies in favor of City of Cupertino with respects to Workers Compensation as permitted by law. City of Cupertino Attn: Daniel Mestizo 10185 N Stelling Road Cupertino, CA 95014 08/09/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com Arch Insurance Company 11150 W21801374 WCX003107112AY 1,000,00012/31/2020 12/31/2021 1,000,000 1,000,000 219582521449980SR ID:BATCH: Willis Towers Watson Certificate Center Page 1 of 1 00 ML0207 00 11 03 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: SPECIFIC EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY It is agreed that we will not enforce our subrogation rights, as specified in Section D. Subrogation- Recovery From Others of Part Nine-Conditions of the Policy, against the person or organization named in the Schedule below, but this waiver applies only with respect to “bodily injury” arising out of the operations described in the Schedule below, where you are required by a written contract to obtain this waiver from us. Person or Organization: City of Cupertino 10185 N. Stelling Road Cupertino, CA 95014 All other terms and conditions of this Policy remain unchanged. Issued By: Arch Insurance Company Endorsement Number: 6 Policy Number: WCX 0031071 12 Named Insured: Foothill-De Anza Community College District Endorsement Effective Date: December 31, 2020 President EXHIBIT D Contractor’s Mandated Reporter Declaration The undersigned does hereby certify that: 1.I am a representative of FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2.I declare that FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT has complied with fingerprinting and criminal background investigation requirements with respect to all College’s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3.I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq. 4.On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5.That a complete and accurate list of College’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below. 6.All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with College. 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 College Employees working for the City (if no Employees, identify “self”): Laurin Chichkanoff Lydia Sanchez Contractor 3 Contractor 4 Anna Fankhauser Diana Argabrite Contractor 7 Contractor 8 Ernest Regua Contractor 10 Contractor 11 Contractor 12 Contractor 13 Contractor 14 Contractor 15 Contractor 16 Contractor 17 Contractor 18 Contractor 19 Contractor 20 8.The College 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. COLLEGE By ________________________ Name ______________________ Title ______________________ Date _______________________ Susan Cheu Vice Chancellor, Business Services Raquel Puentes-Griffith on behalf of Susan Cheu Oct 19, 2021 De_Anza_College-City_of_Cupertino-Recreation al_Services_Agreement_for_Youth_Art_Instructi on_2021-2023 Final Audit Report 2021-10-20 Created:2021-10-19 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAZ0moAoPDAbTWyO6w1OpCuJ1385xxXlC2 "De_Anza_College-City_of_Cupertino-Recreational_Services_Ag reement_for_Youth_Art_Instruction_2021-2023" History Document created by Kevin Khuu (KevinK@cupertino.org) 2021-10-19 - 9:49:43 PM GMT- IP address: 64.165.34.3 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-10-19 - 9:53:32 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-10-19 - 10:06:32 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Raquel Puentes-Griffith (puentesraquel@fhda.edu) for signature 2021-10-19 - 10:06:34 PM GMT Document e-signed by Raquel Puentes-Griffith (puentesraquel@fhda.edu) Signature Date: 2021-10-20 - 4:36:37 AM GMT - Time Source: server- IP address: 12.3.77.186 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-10-20 - 4:36:39 AM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-10-20 - 4:42:56 AM GMT- IP address: 104.47.73.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-10-20 - 4:43:29 AM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature 2021-10-20 - 4:43:32 AM GMT Email viewed by Rachelle Sander (rachelles@cupertino.org) 2021-10-20 - 3:28:39 PM GMT- IP address: 64.165.34.3 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2021-10-20 - 3:30:30 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-10-20 - 3:30:32 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-10-20 - 3:31:40 PM GMT- IP address: 162.245.20.145 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-10-20 - 3:31:53 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2021-10-20 - 3:31:53 PM GMT