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23-011 Amendment #1 dated 9-1-23 CREF and City MOU First Amendment1 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND CUPERTINO ROTARY ENDOWMENT FOUNDATION REGARDING CUPERTINO RABBITS ON CITY PROPERTY This First Amendment to the Memorandum of Understanding (“MOU”) between the City of Cupertino (“City”) and Cupertino Rotary Endowment Foundation (“Organization”) (together, the “Parties”) and is made with reference to the following: RECITALS: A. The City and Organization entered into an MOU for displaying Cupertino Rabbits (“Program”) on City property, effective June 7, 2023, with a term expiring on September 9, 2023. B. City and Organization desire to continue the Program under the MOU, and hereby affirm their intent that it remains in full force and effect as amended and reinstated by this First Amendment. C. City and Organization desire to modify the MOU on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 1 of the MOU is modified to read as follows: Term. This MOU shall become effective upon the last signature by the authorized officials and will remain in effect through October 31, 2023. City may terminate the contract for cause or without cause at any time and will notify Organization as soon as possible. 2. Except as expressly modified herein, all other terms and covenants set forth in the MOU shall remain the same and shall be in full force and effect. Signatures to be continued on the next page. 2 IN WITNESS WHEREOF, the Parties hereto have caused this modification of the MOU to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date Cupertino Rotary Endowment Foundation By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Kathleen Yates Fund Development Officer Sep 18, 2023 Christopher D. Jensen Molly James Recreation Manager Sep 18, 2023 Sep 18, 2023 Rotary Club of Cupertino PO Box 637 Cupertino CA 95015 City of Cupertino, it's City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants. 10300 Toree Ave. Cupertino, CA 95014 Attn: Parks and Recreation/Facilities POLICY NUMBER: G73578917 002 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. City of Cupertino, its City Council, officers, officials, employees, agents, servants, and volunteers 10300 Torre Ave. Cupertino, CA 95014 RE: Rotary Club of Cupertino - Cupertino Rabbits 2023 GLE0095 (07/10)©Chubb. 2016. All rights reserved.Page 1 of 1 NON-CONTRIBUTORY OTHER INSURANCE ENDORSEMENT NON-CONTRIBUTORY OTHER INSURANCE ENDORSEMENT Named Insured US Rotary Clubs & Districts Endorsement Number Policy Symbol GLW Policy Number G73578917 002 Policy Period 07/01/2023 TO 07/01/2024 Effective Date of Endorsement 07/01/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Paragraph 4. c. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced by the following: c.Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method unless you are required by written contract to provide insurance that is primary and non-contributory, and the contract has been signed by you prior to any loss. Where required by such a written contract, this insurance will be primary and non-contributory only when and to the extent required by that written contract. However, under the contributory 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 of the other insurance 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. All other terms and conditions remain unchanged. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) – AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. POLICY NUMBER: G73578917 002 CREF and City MOU First Amendment Final Audit Report 2023-09-19 Created:2023-09-15 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAT0idbXyL5K7swir9TQkslSO6aKIpfTOf "CREF and City MOU First Amendment" History Document created by Kevin Khuu (KevinK@cupertino.org) 2023-09-15 - 6:14:22 PM GMT- IP address: 23.240.134.140 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-09-15 - 6:21:15 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-09-18 - 3:21:46 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to kbyates@sbcglobal.net for signature 2023-09-18 - 3:21:47 PM GMT Email viewed by kbyates@sbcglobal.net 2023-09-18 - 4:08:52 PM GMT- IP address: 104.28.123.94 Signer kbyates@sbcglobal.net entered name at signing as Kathleen Yates 2023-09-18 - 4:11:24 PM GMT- IP address: 104.28.124.180 Document e-signed by Kathleen Yates (kbyates@sbcglobal.net) Signature Date: 2023-09-18 - 4:11:26 PM GMT - Time Source: server- IP address: 104.28.124.180 Document emailed to christopherj@cupertino.org for signature 2023-09-18 - 4:11:27 PM GMT Email viewed by christopherj@cupertino.org 2023-09-18 - 4:19:55 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-09-18 - 4:20:11 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-09-18 - 4:20:13 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Molly James (mollyj@cupertino.org) for signature 2023-09-18 - 4:20:14 PM GMT Email viewed by Molly James (mollyj@cupertino.org) 2023-09-18 - 10:51:40 PM GMT- IP address: 104.47.73.126 Document e-signed by Molly James (mollyj@cupertino.org) Signature Date: 2023-09-18 - 10:53:05 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-09-18 - 10:53:06 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-09-19 - 0:00:44 AM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-09-19 - 0:00:53 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-09-19 - 0:00:53 AM GMT