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21-270 Amendment #1 dated 9-12-22 Ecology Action Climate Victory Gardens Pilot Continuation1 FIRST AMENDMENT TO AGREEMENT 408 BETWEEN THE CITY OF CUPERTINO AND ECOLOGY ACTION OF SANTA CRUZ FOR CUPERTINO CLIMATE VICTORY GARDENS PILOT CONTINUATION This First Amendment to Agreement 408 between the City of Cupertino and Ecology Action of Santa Cruz is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Ecology Action of Santa Cruz, a Non-Profit (“Contractor”) whose address is 877 Cedar St, Suite 240, Santa Cruz, CA 95060, and is made with reference to the following: RECITALS: A. On December 07, 2021 Agreement 408 (“Agreement”) was entered into by and between City and Contractor for Cupertino Climate Victory Gardens pilot continuation. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Services. Paragraph 2 of the Agreement is modified to read as follows: “Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.” Exhibit A of the Agreement is modified as follows: additional Scope of Services, attached here and incorporated as Exhibit A-1. 2. Time of Performance. Paragraph 3 of the Agreement is modified to read as follows: “3.1 This Agreement begins on the Effective Date and ends on June 30, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2023. 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.” “3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here as Exhibit B-1.” Exhibit B of the Agreement is modified as follows: additional Schedule of Performance, attached here and incorporated as Exhibit B-1. 3. Compensation. Paragraph 4 of the Agreement is modified to read as follows: “4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the 2 Services an amount that will based on actual costs but that will be capped so as not to exceed $72,181.00 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the budget and rates included in Exhibit C-1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.” Exhibit C of the Agreement is modified as follows: additional Compensation, attached here and incorporated as Exhibit C-1. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ECOLOGY ACTION OF SANTA CRUZ By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Contract Total 2023-155 60,000.00 Contract as Amended Total 2023-155 72,181.00 Vice President Community Programs Sep 9, 2022 Christopher D. Jensen City Manager Sep 10, 2022 Sep 12, 2022 EXHIBIT A-1 – SCOPE OF SERVICES Cupertino Climate Victory Gardens Extension Summary The 2022 Cupertino Climate Victory Gardens program has the goal of converting up to 15,000 ft2 of high-water use landscaping at 10 properties to low-water use, climate-appropriate landscaping using a direct installation model that removes barriers to action and increases utilization of rebate funding available from Valley Water and the City of Cupertino. The amount remaining in our previous 2021 City of Cupertino Climate Victory Garden contract that ended on December 1, 2021 was $12,180.76. With this scope of work extension Ecology Action will complete the following tasks in alignment with the original Exhibit A scope of work: Task 2: Site Assessments and Site Design • Program Coordinator will assist with coordinating site assessments and communicating with both new applicants and residents on the program’s waiting list. • Program Coordinator, under supervision of Program Manager will provide technical and design assistance to 10 new Climate Victory Garden projects selected in 2022, with the goal of selecting projects that will achieve the goal of converting 15,000 ft2 of high-water use landscaping. Task 3: Project Coordination & Contractor Management • Complete construction and rebate fulfillment at five sites in the 2021 project pipeline (Dempster Ave, La Mar Drive, Maria Rosa Way, Northpoint HOA (Blue Jay and Blaney sites) totaling 14,964 ft2. • Program Coordinator, under supervision of Program Manager, will provide landscape construction management services and materials procurement for Climate Victory Garden program participants • Program Coordinator will assist with gathering photos and testimonials from previous program participants. There are no other changes to the targets and deliverables in the original Exhibit A scope of services. Page 2 of 4 EXHIBIT B-1 – SCHEDULE OF PERFORMANCE Revised Project Deliverable Schedule Task # Task Deliverable Item Timeline Critical Deadlines 2 List of Site Assessment Locations with project status January-September 2022 – provided with quarterly progress reports 4/15/22; 7/15/22; 10/15/22 2 Completed Project Agreements and Landscape Designs for 10 project sites. January-September 2022 - provided with quarterly progress reports 10/15/22 3 Pre-Construction Photos, Rebate applications & documentation for 10 project sites. January-September 2022 - Shared on Teams throughout pilot project implementation 7/15/22; 10/15/22 3 Post-Construction Photos & Maintenance Agreements for 10 sites July 2022-April 2023 4/30/2022 4 Quarterly Invoices and Progress Reports January 2021 -April 2023 4/15/22; 7/15/22; 10/15/22; 1/15/23; 4 Final Project Location List and Final Project Report May 2023 5/30/2023 Page 3 of 4 EXHIBIT C-1 – COMPENSATION Climate Victory Gardens Project Budget Extension Line Item Personnel & Implementation Description Costs Rate # of Hours/Units Total Labor 1 Finance Director $ 115.00 0 $ - 2 Program Manager: Landscape Site Assessments, Landscape Design & Construction (October 2020- June 2022) $ 107.50 0 $ - 2 Program Coordinator: Landscape Site Assessments, Design & Construction (October 2020-June 2022) $ 60.00 182 $ 10,920.00 3 Mileage - Travel to Project Sites $ 0.56 0 4 Supplies lump sum $ 1,260.76 TOTAL $ 12,180.76 With the addition of $12,180.76, the new total contract not to exceed amount will be $72,180.76. Page 4 of 4 Estimated Staff Hours by Task Task 1 Task 2 Task 3 Task 4 Staff Position Program Development & Launch Site Assessments and Site Design Project Coordination & Contractor Management; Post- Installation Site Visits Program Evaluation, Invoicing and Reporting Total Staff Hours Program Coordinator 0 100 82 0 182 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/7/2022 License # 0C36861 (415) 403-1491 (415) 874-4818 00000 Ecology Action of Santa Cruz 877 Cedar Street Ste 240 Santa Cruz, CA 95060 44393 A 1,000,000 X X 202210071 6/8/2022 6/8/2023 500,000 20,000 1,000,000 2,000,000 2,000,000 1,000,000A X X 202210071 6/8/2022 6/8/2023 5,000,000A 202210071UMB 6/8/2022 6/8/2023 5,000,000 B X XWW2363360322 6/8/2022 6/8/2023 1,000,000 N 1,000,000 1,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers, as required by written contract with the Named Insured, are included as an additional insured with respect to General Liability including primary & non-contributory wording per form NAIC E61 02 19 and to Business Auto per form NIAC A1 04/13. Waiver of Subrogation as required by written contract applies to General Liability per form NIAC E26 11/17, Business Auto per form CA0444 10/13 and Workers Compensation per form WC000313 4/84. 30-day notice of cancellation applies as per form IL 02 70 12 19. The City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 ECOLACT-01 TTAGANAP Alliant Insurance Services, Inc. 560 Mission St 6th Fl San Francisco, CA 94105 Kimberly Leikam kleikam@alliant.com Nonprofits Insurance Alliance of California West American Insurance Company X X X X X X X X X POLICY NUMBER: 202210071 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. C.With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: Section II – WHO IS AN INSURED is amended to include: 4.Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: a.Your negligent acts or omissions; or b.The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section III – LIMITS OF INSURANCE is amended to include: 8.The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or Page 1 of 2NIAC-E61 02 19 As Required by Written Contract POLICY NUMBER: 202210071 Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d)If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE. (e) (1)When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)’ rights against all those other insurers. (2)When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)’ own insurance. Page 2 of 2NIAC-E61 02 19 Ecology Action of Santa Cruz*NAMED INSURED: FORM: NIAC-E26 11 17 POLICY NUMBER: 202210071 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following: Name of Person or Organization: SCHEDULE Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. Page 1 of 1NIAC-E26 11 17 As Required by Written Contract NIAC A1 04 13 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE ONLY In consideration of the premium charged, it is understood and agreed that the following is added as an additional insured: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) But only as respects a legally enforceable contractual agreement with the Named Insured and only for liability arising out of the Named Insured's negligence and only for occurrences of coverages not otherwise excluded in the policy to which this endorsement applies. It is further understood and agreed that irrespective of the number of entities named as insureds under this policy, in no event shall the company's limits of liability exceed the occurrence or aggregate limits as applicable by policy definition or endorsement. Such insurance as is afforded by this endorsement for the additional insured shall apply as primary insurance. Any other insurance maintained by the additional insured or its officers and employees shall be excess and non- contributing with the insurance afforded by this endorsement. POLICY NUMBER: 202210071 As Required by Written Contract POLICY NUMBER: 202210071 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Ecology Action of Santa Cruz Endorsement Effective Date: 06/08/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization with whom you have a written contract currently in effect or becoming effective during the term of this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. 69 82 o f 63 3 6 0 3 2 2 00 3 8 6 0 28 0 BLANKET 0001 06/08/2022 XWW (23) 63 36 03 22 ECOLOGY ACTION OF SANTA CRUZ West American Insurance Company 11576 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance,Inc. 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 agree- ment from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No. Policy Effective Premium State Policy No. Insured Insurance Company Countersigned by ___________________ IL 02 70 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 70 12 19 © Insurance Services Office, Inc., 2019 Page 1 of 4 CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A.Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2.All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a.10 days before the effective date of cancellation if we cancel for: (1)Nonpayment of premium; or (2)Discovery of fraud by: (a)Any insured or his or her representative in obtaining this insurance; or (b)You or your representative in pursuing a claim under this policy. b.30 days before the effective date of cancellation if we cancel for any other reason. 3.All Policies In Effect For More Than 60 Days a.If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1)Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2)Discovery of fraud or material misrepresentation by: (a)Any insured or his or her representative in obtaining this insurance; or (b)You or your representative in pursuing a claim under this policy. (3)A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. POLICY NUMBER: 202210071 Page 2 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 (4)Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5)Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6)A determination by the Commissioner of Insurance that the: (a)Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b)Continuation of the policy coverage would: (i)Place us in violation of California law or the laws of the state where we are domiciled; or (ii)Threaten our solvency. (7)A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b.We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2)30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B.The following provision is added to the Cancellation Common Policy Condition: 7.Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a.If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b.We may not cancel this policy solely because the first Named Insured has: (1)Accepted an offer of earthquake coverage; or (2)Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c.We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1)Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2)Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. IL 02 70 12 19 © Insurance Services Office, Inc., 2019 Page 3 of 4 d.If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred.However, we may cancel: (1)When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2)If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or (3)If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C.The following is added and supersedes any provisions to the contrary: Nonrenewal 1.Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2.Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a.We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b.We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1)The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2)The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3)We have: (a)Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b)Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c.We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. Page 4 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 d.We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1)Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2)Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. e.If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may nonrenew: (1)If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; (2)If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3)If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. 3.We are not required to send notice of nonrenewal in the following situations: a.If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b.If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c.If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d.If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e.If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f.If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Ecology Action Climate Victory Gardens Pilot Continuation Final Audit Report 2022-09-12 Created:2022-09-08 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA0y6UPsZJUEP5wsIx1wfBOZLuk9uQd3rL "Ecology Action Climate Victory Gardens Pilot Continuation" Hist ory Document created by City of Cupertino (webmaster@cupertino.org) 2022-09-08 - 11:35:00 PM GMT- IP address: 35.229.54.2 Document emailed to Gilian Corral (GileeC@Cupertino.org) for approval 2022-09-08 - 11:39:11 PM GMT Email viewed by Gilian Corral (GileeC@Cupertino.org) 2022-09-08 - 11:39:33 PM GMT- IP address: 104.47.73.126 Document approved by Gilian Corral (GileeC@Cupertino.org) Approval Date: 2022-09-08 - 11:41:41 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Andre Duurvoort (andred@cupertino.org) for approval 2022-09-08 - 11:41:43 PM GMT Email viewed by Andre Duurvoort (andred@cupertino.org) 2022-09-09 - 10:48:34 PM GMT- IP address: 104.47.73.126 Document approved by Andre Duurvoort (andred@cupertino.org) Approval Date: 2022-09-09 - 10:49:26 PM GMT - Time Source: server- IP address: 71.198.96.159 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-09-09 - 10:49:28 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-09-09 - 11:06:25 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to kirsten.liske@ecoact.org for signature 2022-09-09 - 11:06:27 PM GMT Email viewed by kirsten.liske@ecoact.org 2022-09-09 - 11:43:31 PM GMT- IP address: 104.185.43.171 Signer kirsten.liske@ecoact.org entered name at signing as Kirsten Liske 2022-09-09 - 11:43:59 PM GMT- IP address: 104.185.43.171 Document e-signed by Kirsten Liske (kirsten.liske@ecoact.org) Signature Date: 2022-09-09 - 11:44:01 PM GMT - Time Source: server- IP address: 104.185.43.171 Document emailed to christopherj@cupertino.org for signature 2022-09-09 - 11:44:03 PM GMT Email viewed by christopherj@cupertino.org 2022-09-09 - 11:48:18 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-09-09 - 11:48:35 PM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-09-09 - 11:48:36 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to PAMELA WU (pamelaw@cupertino.org) for signature 2022-09-09 - 11:48:38 PM GMT Email viewed by PAMELA WU (pamelaw@cupertino.org) 2022-09-10 - 5:37:26 PM GMT- IP address: 104.47.74.126 Document e-signed by PAMELA WU (pamelaw@cupertino.org) Signature Date: 2022-09-10 - 5:38:38 PM GMT - Time Source: server- IP address: 73.71.122.146 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-09-10 - 5:38:40 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-09-10 - 8:24:56 PM GMT- IP address: 104.28.124.92 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-09-12 - 3:39:50 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2022-09-12 - 3:39:50 PM GMT