HomeMy WebLinkAbout25-001 San Francisco Shakespeare Festival for Free Shakespeare in the Park 2025CITY OF
ENTERTRAINMENT SERVICES AGREEMENT
CUPERTINO
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"),
and San Francisco Shakespeare Festival ("Contractor"), a Non -Profit for Free Shakespeare in the
Park 2025, and is effective on the last date signed below ("Effective Date").
2. SERVICES
2.1 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. Contractor further agrees
to carry out its work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
2.2 Contractor's duties and services under this agreement shall not include preparing or
assisting the City with any portion of the City's preparation of a request for proposals, request for
qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to
any subsequent phase of this project. Contractor's participation in the planning, discussions, or
drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial
plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a
subsequent contract on any subsequent phase of this project have access to the same information,
including all conceptual, preliminary, or initial plans or specifications prepared by contractor
pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on August 04, 2025 ("Contract
Time"), unless terminated earlier as provided herein. The City's appropriate department head or
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 Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
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4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$30,000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, 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.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
51 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker's compensation, or other benefits from the City.
5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
54 Subcontractors. Only Contractor's employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
55 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor 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. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor'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 Contractor. In the event
that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
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Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and
interest on such contributions, which would otherwise be the responsibility of City, and actual
attorney's fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, "Work Product"), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third -party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered "works for hire" and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City's written approval.
73 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re -Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub -contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
75 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single -sided original.
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8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor's performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four (4) years from the date of City's final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
Act, California Government Code section 6250 et seq. Contractor shall comply with all laws
regarding the retention of public records and shall make such records available to the City upon
request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City's contributions in making the
project possible. The words "City of Cupertino" will 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 this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub -subcontractors;
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(d) Unauthorized use or disclosure of City's confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third -parry claim. At City's request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor's duties under this section are not limited to the Contract Price, workers'
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor's compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor's ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a "public works" component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
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creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired -Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti -discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub -contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Christina Lopez as the City's representative for all
purposes under this Agreement, with authority to oversee the progress and performance of the
Scope of Services. City reserves the right to substitute another Project manager at any time, and
without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Pratiksha Shah as its
single Representative for all purposes under this Agreement, with authority to oversee the progress
and performance of the Scope of Services. Contractor's Project manager is responsible for
coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule
of Performance. Contractor must regularly update the City's Project Manager about the progress
with the work or any delays, as required under the Scope of Services. City written approval is
required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City's pre -approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW. VENUE. AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the 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.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross -complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City's waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party's authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, 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 terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Christina Lopez
Email: christinal@cupertino.gov
27. EXECUTION
To Contractor: San Francisco Shakespeare
Festival
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name Rachelle Sander
Title Director of Parks and Recreation
DateJul 14, 2025
APPROVED AS TO FORM:
7,� aJaa
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date Jul 14, 2025
Free Shakespeare in the Park 2025
CONTRACTOR
B
Y
Name Toby Leavitt
Tale Executive Director
Date Jul 14, 2025
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EXHIBIT A, B, C
SCOPE OF SERVICES, SCHEDULE OF PERFORMANCE, AND BUDGET AND
COMPENSATION
Scope of Services and Schedule of Performance
Contractor agrees to provide the following services:
a. Six (6) performances of The Two Gentlemen of Verona at the Memorial Park Amphitheater, at
21163 Anton Way, Cupertino, CA 95014. Showtime is scheduled at 6:00 p.m. for all scheduled
dates, 100-minute performances with no intermission.
b. Adhere to the pre -determined schedule below:
i. Load -In: Friday, July 11— July 15, 8:00 a.m. to 6:00 p.m.
ii. Tech Setup: July 15 — July 18, 9:00 a.m. to 10:00 p.m.
iii. Rehearsals and Tech Days: July 23 — July 25, 10:00 a.m. to 9:00 p.m.
iv. Performances: July 19, 20, 26, and 27, August 2 and 3, 4:00 p.m. to 9:00 p.m. (includes
setup and cleanup)
V. Load -Out: Monday, August 4, 8:00 a.m. to 6:00 p.m.
c. Fundraise through methods such as donations and grants.
d. Ability to host a concession stand near the amphitheater prior to the performances, for the
purposes of fundraising. Concessions will be limited to simple items such as sealed drinks and
prepared snacks. Contractor is responsible for obtaining seller's permits, Cupertino Business
license, health permits, or any other permits or documentation required to host the concession.
Contractor is also responsible for procuring equipment and supplies needed for concessions,
including but not limited to tables, chairs, and ice, and setting up and taking down of said
equipment.
e. Produce banners and posters for the advertisement and marketing of the performances.
City agrees to provide the following:
a. Provide access to the Cupertino Room Kitchen to obtain ice, during the business hours Monday
through Friday, from 8:00 a.m. to 5:00 p.m. only. Access will be coordinated with the City so as
not to interfere with programming and facility rentals.
b. Provide Organization access to and use of the Cupertino Room, based on current availability,
during non -peak hours. Non -peak hours are defined as Monday through Friday, from 8:00 a.m.
to 5:00 p.m. City staff will notify Organization when room access is available, and dates will be
agreed upon between the Parties via email.
Budget and Compensation
Contractor shall be compensated for services performed pursuant to this Contract. Compensation shall
be paid in full after the completion of the services. The total compensation to the Contractor shall not
exceed $30,000.00 (thirty thousand dollars).
EXHIBIT D
Insurance Requirements
Entertainment Services Contracts
Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its
own cost and expense, the following insurance policies and coverage with companies doing business in California
and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office
(ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general
aggregate. The policy shall include a per project or per location general aggregate endorsement as
broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of
the general aggregate shall be doubled.
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.
h Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non-
contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as
broad as the most recent edition of ISO Form CG 20 01.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
liability insurance, provided each policy follows form of the underlying policy and 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. The
City's own insurance or self-insurance shall not be called upon.
2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including
owned, hired, and non -owned autos) with limits no less than $1,000,000 each accident for bodily injury
and property damage.
❑ Not required. Contractor shall be fully remote and not use automobiles to provide the service.
In the event Contractor uses an automobile or automobiles in the operation of its business to provide
services under this Agreement, the Contractor shall, prior to such use, provide the City with evidence
of Business Automobile Liability insurance coverage in the amount required under this Section 2 for
owned, non -owned and hired autos (any auto -Symbol 1), or if Contractor does not own autos (hired
autos -Symbol 8 and non -owned autos -Symbol 9). Evidence shall be provided with a Certificate of
Insurance, along with an additional insured endorsement in favor of the City, primary and non-
contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under
the policy prior to the use of any automobile.
❑ Contractor has provided written confirmation that it does not own any autos. Contractor shall provide
coverage for hired autos -Symbol 8 and non -owned autos -Symbol 9. Primary and Non -Contributory
coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and
non -owned only coverage. In the event Contractor uses an owned automobile or automobiles in the
operation of its business to provide services under this Agreement, the Contractor shall, prior to such
use, provide the City with evidence of Business Automobile Liability insurance coverage in the
amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1).
Exh. D-Insurance Requirements for Entertainment Services Contracts Version: May 2025
❑ In lieu of Business Automobile Liability, Contractor shall maintain throughout the term of this
Agreement and provide the City with evidence (including the policy Declarations Page) of personal
automobile insurance coverage in accordance with the laws of the State of California. As available
under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional
insured endorsement in favor of the City, primary and non-contributory coverage and endorsement,
and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to
commencement of services.
3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's
Liability Insurance of no less than $1,000,000 each accident/ disease.
Not required. Contractor has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to
Contractor's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000
aggregate. If written on a claims -made basis form:
a The Retroactive Date must be shown and must be before the Effective Date of the Contract.
h Insurance must be maintained for at least five (5) years after completion of the Services.
c, If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a
Retroactive Date prior to the Contract Effective Date, the Contractor must purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and
provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers ("Additional
Insureds") are to be covered and endorsed as additional insureds on Contractor's CGL and automobile liability
policies. General Liability coverage can be provided in the form of an endorsement to Contractor's insurance
(at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and
CG 20 37 forms, if later editions are used).
Primary and Non -Contributory Coverage
Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed
primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or
volunteers shall be excess of Contractor'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. If a carrier will
not provide the required notice of cancellation or policy modification, the Contractor shall provide written
notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in
advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor 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 General Liability,
Automobile Liability and Workers' Compensation policies shall allow and be endorsed with a waiver of
subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether
or not the City has received a waiver of subrogation endorsement from the insurer.
Exh. D-Insurance Requirements for Entertainment Services Contracts Version: May 2025
Deductibles and Self -Insured Retentions
Any deductible or self -insured retention must be declared to and approved by the City (Insert on the Certificate
of Insurance, if zero, insert "$0"). At City's option, either: the insurer must reduce or eliminate the deductible
or self -insured retentions as respects the City/Additional Insureds; or Contractor 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
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-
VII or higher.
Verification of Coverage
Contractor must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies
effecting the coverage required by this Contract), including 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.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance that meet the requirements of this
Contract, including indemnification, defense, and naming the City as an additional insured on subcontractor's
insurance policies.
Higher Insurance Limits
If Contractor 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 Contractor.
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.
Exh. D-Insurance Requirements for Entertainment Services Contracts Version: May 2025
SANFRAN-03 MCOLEMAN
CERTIFICATE OF LIABILITY INSURANCE °AT;f;;,YY'
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 ri g hts to the certificate holder in lieu of such endorsements .
PRODUCER
CONTACT
Maury, Donnell & Parr, Inc.
24 Commerce St.
Baltimore, MD 21202
PHONE FAX
(Arc, IN Ext : (410) 685-4625 A� Nc :(410) 685-3071
A MAIL
INSURER ISI AFFORDING COVERAGE
NAIC A
INSURER A: Great American Insurance Company#
16691
INSURER B : Accredited Surety and Casualty Company,Inc.
INSURED
INSURERC:
San Francisco Shakespeare Festival
INSURER 0 :
INSURER E
INSURER F
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 CONTRACTOR 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.
INSR TYPE OF INSURANCE AOOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LkN11T$
A ]( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000
CLAIMS -MADE [K OCCUR x x PAC4361602-03 3/2212025 312212026 DAMAGE TO RENTED 1,000,000
L AGGREGATE LIMIT APPLIES PER:
POLICY ❑ PROJECT ElLOC
1,000,000
2,000,000
A
AUTOMOBILE LIABILITY
ANY AUTO
x OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
X
x
CAP436160103
UMB4361603-03
1 AUICA160143363102
PAC4361602-03
PAC4361602-03
312212025
312212026
COMBINED SINGLE LIMIT
(Fa ace dent)
BODILY INJURY Perperson)
1,000,000
BODILY INJURY Per accident
ROPERTY AMAGE
Per.2'd'i
Comp/Coll Ded
3,000
A
X
UMBRELLA LIAR
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
3/2212025
312212026
EACH OCCURRENOE
3,000,000
AGGREGATE
3,000,000
DIED X RETENTIONS 0
13
WORKERS COMPENSATION
AND EMPLOYERS' LIABILTTY
ANY PROPRIETORIPARTNERIEXECUTIVE
,Rf ERIMEMBER EXCLUDED?
AYl m atory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N r A
j{
21712025
3/22/2025
3/22/2025
21712026
X PER O1H-
E.L. EACH ACCIDENT
1,000,000
E.L. DISEASE - EA EMPLOYE
1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
A Abuse & Molestation
A Abuse &Molestation
312212026
31221202E
Each Occurrence
Aggregate
1,000,000
2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is mq uimd
City of Cupertino, Its City Council, Officers, Officials, Employees, Agents, Servants, and Volunteers are named as dditional Insured as required by written
contract. Waiver of Subrogation in favor of Additional Insured. Coverage is Primary & Non -Contributory. 30-Day Notice of Cancellation will be provided to
the certificate holder. General Liability does not include a Deductible or Self -Insured Retention.
City of Cupertino, its City Council, Boards & Commissions,
Officers, Officials, Employees, Agents,
Servants and Volunteers
10300 Torre Avenue
Cupertino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS -
AUTHORIZED RE-
PRESENTATIVE
.l
ACORD 25 (2016103j
01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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*DIB* 471230594 262428
CG 89 70 (Ed. 11114)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SIGNATURE GENERAL LIABILITY BROADENING ENDORSEMENT
This Endorsement modifies and is subject to the insurance provided under the following form:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following extension only applies in the event that no other specific coverage for the indicated loss
exposure is provided under this Policy. If other specific coverage applies, the terms, conditions and
limits of that Coverage are the exclusive coverage applicable under this Policy, unless otherwise noted in
this Endorsement. This is a summary of the various additional coverages and coverage modifications
provided by this Endorsement. For complete details on specific coverages, consult the actual policy
wording.
Coverage Description
Limit of Insurance
Page
Non -Owned Aircraft
Included
2
Non -Owned Watercraft
Included
2
Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock
included
3
Medical Payments
$ 20,000
3
Damage to Premises Rented t❑ You
$ 1,000,000
3
Supplementary Payments - Bail Bonds
$ 3,000
4
Supplementary Payments - Loss of Earnings
$ 1,000 per day
4
Newly Formed or Acquired Organizations
Included
4
Unintentional Failure to Disclose Hazards
Included
5
Knowledge of Occurrence, Claim or Suit
Included
5
Property Damage Liability - Elevators
Included
5
Property Damage Liability - Borrowed Equipment
Included
5
Liberalization Clause
Included
6
Amendment of Pollution Exclusion (Premises)
Included
6
Limited Property Damage to Property of Others
$ 5,000
6
Additional Insured - Manager or Lessor of Premises
Included
7
CG 89 70 (Ed. 11114) (Page 1 of 12)
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Coverage Description
Limit of Insurance
Page
Additional Insured - Funding Sources
Included
7
Additional Insured - By Contract
Included
8
Primary and Non -Contributory Additional Insured Extension
Included
10
Additional Insureds - Protection of Your Limits
Included
10
Blanket Waiver of Transfer of Rights of Recovery Against Others
to Us {Subrogation}
Included
11
Property Damage Extension With Voluntary Payments
$ 1,0001$ 5,000
11
Who Is An Insured - Fellow Employee Extension - Management
Employees
Included
12
Broadened Personal and Advertising Injury
Included
12
A. Non -Owned Aircraft
Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property
Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided:
1. it is not owned by any insured;
2. it is hired, chartered or loaned with a trained paid crew;
3. the pilot in command holds a currently effective certificate, issued by the duly constituted
authority of the United States of America or Canada, designating him or her a commercial or
airline pilot; and
4. it is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the Insured
other valid and collectible insurance, whether primary, excess (other than insurance written to apply
specifically in excess of this Policy), contingent or on any other basis, that would also apply to the
loss covered under this provision.
B. Non -Owned Watercraft
Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property
Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the
following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) less than 60 feet long; and
CG 89 70 (Ed. 11114) (Page 2 of 12)
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(b) not being used to carry persons or property for a charge.
C. Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock
Under SECTION V - DEFINITIONS, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness, or disease, including death of a person. "Bodily
Injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from
physical injury, sickness, or disease to that person.
❑. Medical Payments
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by
this Policy are amended as follows:
The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS ❑F INSURANCE is replaced by
the following Medical expense Limit:
The Medical Expense Limit provided by this Policy shall be the greater of:
a. $ 20,000; or
b. the amount shown in the Declarations for Medical Expense Limit
This provision 7. is subject to all the terms of SECTION III - LIMITS ❑F INSURANCE.
E. Damage to Premises Rented to You
If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part:
1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property
❑amage Liability:
3. The last paragraph of paragraph 2. Exclusions is deleted in its entirety and replaced by the
following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke,
leakage from an automatic fire protection system or water to premises while rented to you
or temporarily occupied by you with permission of the owner. A separate Limit of
Insurance applies to this coverage as described in SECTION III - LIMITS ❑F INSURANCE.
However, this insurance does not apply to damage to premises while rented to you, or
temporarily occupied by you with the permission of the owner, caused by:
i. rupture, bursting, or operation of pressure relief devices;
ii. rupture or bursting due to expansion or swelling of the contents of any building or
structure, caused by or resulting from water;
iii. explosion of steam boilers, steam pipes, steam engines, or steam turbines; or
iv. flood
2. Paragraph 6. Under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and
replaced with the following:
CG 89 70 (Ed. 11114) (Page 3 of 12)
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6. Subject to paragraph 5. above, the most we will pay under Coverage A for damages
because of "property damage" to any one premises, while rented to you, or in the case of
damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection
system or water while rented to you or temporarily occupied by you with the permission
of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage from
automatic fire protection systems or water proximately caused by the same event, whether
such damage results from fire, lightning, explosion, smoke, leakage from automatic fire
protection systems or water or any combination of the six, is the higher of $ 1,000,000 or
the amount shown in the Declarations for the Damage to Premises Rented to You Limit.
3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. ❑ther
Insurance, paragraph b. Excess Insurance where the words "Fire insurance" appear they are
changed to "insurance for fire, lightning, explosion, smoke, leakage from an automatic fire
protection system or water."
4. As regards coverage provided by this provision I. ❑amage to Premises Rented to You -
paragraph 9.a. of Definitions is replaced with the following:
9. a. a contract for a lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organization for damage by fire, lightning,
explosion, smoke, leakage from automatic fire protection systems or water to
premises while rented to you or temporarily occupied by you with the permission of
the owner is not an "insured contract";
F. Supplementary Payments
1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced
with:
b. Up to $ 3,000 for the cost of bail bonds required because of accidents or traffic law
violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage
applies. We do not have to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the Insured at our request to assist us in the
investigation or defense of the claim or "suit," including actual loss of earnings up to $
1,000 a day because of time off work.
G. Newly Formed or Acquired Organizations
Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a named insured if there is no other similar insurance available to that
organization. However:
a. coverage under this provision is afforded only until the expiration of the policy period in
which the entity was acquired or formed by you;
b. coverage A does not apply to "bodily injury" or property damage that occurred before you
acquired or formed the organization; and
c. coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
CG 89 70 (Ed. 11114) (Page 4 of 12)
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d. records and descriptions of operations must be maintained by the first named insured.
No person or organization is an insured with respect to the conduct of any current or past
partnership, joint venture or limited liability company that is not shown as a named insured in the
Declarations or qualifies as an insured under this provision.
H. Unintentional Failure to ❑isclose Hazards
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to
Condition 6. Representations:
Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not
prejudice the insurance with respect to the coverage afforded by this Policy, provided such failure
or omission is not intentional on the part of the Insured.
I. Knowledge of ❑ccurrence, Claim or Suit
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to
Condition 2. Duties in the Event of Occurrence, ❑ffense, Claim or Suit:
Knowledge of any occurrence, claim, or suit by any agent, servant or employee of the Named
Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or
suit shall have been received by:
a. you, if you are an individual;
b. a partner, if you are a partnership
c. an executive officer or insurance manager, if you are a corporation.
J. Property Damage Liability - Elevators
1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property
❑amage Liability, subparagraphs (3), (4) and (6) of exclusion j. ❑amage to Property do not
apply if such property damage results from the use of elevators.
2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,
Condition 4. Other insurance, paragraph b. Excess Insurance:
The insurance afforded by this provision of this Endorsement is excess over any property
insurance, whether primary, excess, contingent or on any other basis.
K. Property Damage Liability - Borrowed Equipment
1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property
❑amage Liability, subparagraph (4) of exclusion j. ❑amage to Property does not apply to
"property damage" to borrowed equipment while not being used to perform operations at a job
site.
2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY Conditions,
Condition 4. Other Insurance, paragraph b. Excess Insurance:
The insurance afforded by this provision of this Endorsement is excess over any property
insurance, whether primary, excess, contingent or on any other basis.
CG 89 70 (Ed. 11114) (Page 5 of 12)
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L. Liberalization Clause
Great American Assurance Company
*D/B* 471230594 262428
If we revise this Signature General Liability Broadening Endorsement to provide more coverage
without additional premium charge, your policy will automatically provide the coverage as of the
date the revision is effective in your state.
M. Amendment of Pollution Exclusion (Premises)
1. The following is added to paragraph (1)(a) of Exclusion f. of SECTION I - COVERAGE A -
Bodily Injury and Property Damage Liability:
(iv) "Bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage,
migration, release or escape of "pollutants."
As used in this Endorsement, the actual discharge, dispersal, seepage, migration, release or
escape of pollutants must:
(aa) commence on a clearly identifiable day during the policy period; and
(bb) end, in its entirety, within seventy-two (72) hours of the commencement of the
discharge, dispersal, seepage, migration, release or escape of "pollutants"; and
(cc) be discovered and reported to us within fifteen (15) days of the clearly identifiable day
that the discharge, dispersal, seepage, migration, release or escape of "pollutants"
commences; and
(dd) be neither expected nor intended from the standpoint of any insured; and
(ee) be unrelated to any previous discharge, dispersal, seepage, migration, release or
escape; and
(ff) not originate at or from a storage tank or other container, duct or piping which:
a. is below the surface of the ground or water; or
b. at any time has been buried under the surface of the ground or water and then is
subsequently exposed.
2. For the purposes of this coverage, the following is added to the definition of "property
damage" of SECTION V - DEFINITIONS and applies only as respects this coverage:
Land or water, whether below ground level or not, is not tangible property.
3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration,
release or escape that is merely threatened or alleged rather than shown to have actually
occurred.
N. Limited Property Damage to Property of Others
The following is added under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A and B:
3. We will pay up to $ 5,000 for loss to personal property of others while in the temporary care,
custody or control of an insured caused by any person participating in your organized activities.
For the purpose of this supplementary payment, loss shall mean damage or destruction but
does not include mysterious disappearance or loss of use. In the event of a theft, a police
report must be filed. This supplementary payment does not apply if:
a. coverage is otherwise provided by the Property Coverage part (if any) of this Policy; or
CG 89 70 (Ed. 11114) (Page 6 of 12)
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"DIB* 471230594 262428
b. the loss is covered by any other insurance you have or by any insurance of such person
who causes such loss.
These payments will not reduce the Limits of Insurance.
O. Additional Insured - Manager or Lessor of Premises
1. SECTION II - WHO IS AN INSURE❑ is amended to include as an additional insured any person
or organization from whom you lease or rent property and which requires you to add such
person or organization as an additional insured on this Policy under:
(a) a written contract; or
(b) an oral agreement or contract where a Certificate of Insurance showing that person or
organization as an additional insured has been issued;
but the written or oral contract or agreement must be an "insured contract," and,
(i) currently in effect or become effective during the term of this Policy; and
(ii) executed prior to the "bodily injury," "property damage," "personal and advertising injury."
2. With respect to the insurance afforded to the Additional Insured identified in paragraph 1
above, the following additional provisions apply:
(a) This insurance applies only with respect to the liability arising out of the ownership,
maintenance or use of that part of the premises leased to you.
(b) The Limits of Insurance applicable to the Additional Insured are the lesser of those
specified in the written contract or agreement or in the Declarations for this Policy and
subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance
applicable to the Additional Insured are inclusive of and not in addition to the Limits of
Insurance shown in the Declarations.
(c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased
by such contract.
(d) Coverage provided herein is excess over any other valid and collectible insurance available
to the Additional Insured whether the other insurance is primary, excess, contingent or on
any other basis unless a written contractual arrangement specifically requires this insurance
to be primary.
(a) This insurance applies only to the extent permitted by law.
3. This insurance does not apply to:
(a) Any "occurrence" or offense which takes place after you cease to be a tenant in that
premises.
(b) Structural alterations, new construction or demolition operations performed by or on behalf
of the Additional Insured.
P. Additional Insured - Funding Sources
1. SECTION II - WHO IS AN INSURE❑ is amended to include as an additional insured any Funding
Source which requires you in a written contract to name the Funding Source as an additional
insured but only with respect to liability arising out of:
CG 89 70 (Ed. 11114) (Page 7 of 12)
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a. your premises; or
Great American Assurance Company
*DIB* 471230594 262428
b. "your work" for such additional insured; or
c. acts or omissions of such additional insured in connection with the general supervision of
"your work"
and only to the extent set forth as follows:
a. The Limits of Insurance applicable to the Additional Insured are the lesser of those
specified in the written contract or agreement or in the Declarations for this Policy and
subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance
applicable to the Additional Insured are inclusive of and not in addition to the Limits of
Insurance shown in the Declarations.
b. The insurance afforded to the Additional Insured only applies to the extent permitted by law
c. 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.
d. In no event shall the coverages or Limits of Insurance in this Coverage Form be increased
by such contract.
Q. Additional Insureds - By Contract
1. SECTION II - WHO IS AN INSURE❑ is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect
to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out
of:
a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the
performance of your ongoing operations for the Additional Insured that are subject of the
written contract or written agreement provided that the "bodily injury" or "property damage
occurs, or the "personal and advertising injury" is committed, subsequent to the signing of
such written contract or written agreement; or
b. the maintenance, operation or use by you of equipment rented or leased to you by such
person or organization; or
c. the Additional Insureds financial control of you; or
d. operations performed by you or on your behalf for which the state or political subdivision
has issued a permit
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 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 such additional insured.
With respect to paragraph 1.a. above, a person's or organization's status as an additional insured
under this Endorsement ends when:
CG 89 70 (Ed. 11114) (Page 8 of 12)
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(1) all work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed for or on behalf
of the Additional Insured(s) at the location of the covered operations has been completed;
or
(2) that portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
With respect to paragraph 1.b. above, this insurance does not apply to any "occurrence" which
takes place after the equipment rental or lease agreement has expired or you have returned
such equipment to the lessor.
The insurance provided by this Endorsement applies only if the written contract or written
agreement is signed prior to the "bodily injury" or "property damage."
We have no duty to defend an additional insured under this Endorsement until we receive
written notice of a "suit" by the Additional Insured as required in paragraph b. of Condition 2.
❑uties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITION.
2. With respect to the insurance provided by this Endorsement, the following are added to
paragraph 2. Exclusions under SECTION I - COVERAGE A - Bodily Injury and Property
❑amage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at
the location where such "bodily injury" or "property damage" occurs.
b. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the
rendering of, or failure to render, any professional architectural, engineering or surveying
services, including:
(1) the preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
or
(2) supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that
Insured, if the "occurrence" which caused the "bodily injury" or "property damage," or the
offense which caused the "personal and advertising injury," involved the rendering of, or failure
to render, any professional architectural, engineering or surveying services.
c. "Bodily injury" or "property damage" occurring after:
(1) all work, including materials, parts or equipment furnished in connection with such
work, on the project (other than service, maintenance or repairs) to be performed for
or on behalf of the Additional Insured(s) at the location of the covered operations has
been completed; or
(2) that portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
CG 89 70 (Ed. 11114) (Page 9 of 12)
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d. Any person or organization specifically designated as an additional insured for ongoing
operations by a separate additional insured endorsement issued by us and made part of this
Policy.
3. 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:
a. required by the contract or agreement; or
b. available under the applicable Limits of Insurance shown in the ❑eclarations;
whichever is less.
This Endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
R. Primary and Non -Contributory Additional Insured Extension
This provision applies to any person or organization who qualifies as an additional insured under any
form or endorsement under this Policy.
Condition 4. ❑ther Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
is amended as follows:
a. The following is added to paragraph a. Primary Insurance:
This insurance is primary to and will not seek contribution from any other insurance available to
an additional insured under your policy provided that:
(1) the Additional Insured is a named insured under such other insurance; and
(2) you have agreed in writing in a contract or agreement that this insurance would be primary
and would not seek contribution from any other insurance available to the Additional
Insured.
b. The following is added to paragraph b. Excess Insurance:
When a written contract or written agreement, other than a premises lease, facilities rental
contract or agreement, an equipment rental or lease contract or agreement or permit issued by
a state or political subdivision between you and an additional insured does not require this
insurance to be primary or primary and non-contributory, this insurance is excess over any
other insurance for which the Additional Insured is designated as a named insured.
Regardless of the written agreement between you and an additional insured, this insurance is
excess over any other insurance whether primary, excess, contingent or on any other basis for
which the Additional Insured has been added as an additional insured on other policies.
S. Additional Insureds - Protection of Your Limits
This provision applies to any person or organization who qualifies as an additional insured under any
form or endorsement under this Policy.
1. The following is added to Condition 2. Duties in the Event of ❑ccurrence, Offense, Claim or
Suit:
An additional insured under this Endorsement will as soon as practicable:
CG 89 70 (Ed. 11114) (Page 10 of 12)
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a. give written notice of an "occurrence" or an offense that may result in a claim or "suit"
under this insurance to us;
b. tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the Additional Insured; and
c. agree to make available any other insurance which the Additional Insured has for a loss we
cover under this Coverage Part.
d. we have no duty to defend or indemnify an additional insured under this Endorsement until
we receive written notice of a "suit" by the Additional Insured.
2. The Limits of Insurance applicable to the Additional Insured are those specified in a written
contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy
and defined in SECTION III - LIMITS OF INSURANCE of this Policy, whichever are less. These
limits are inclusive of and not in addition to the Limits of Insurance available under this Policy.
T. Blanket Waiver of Transfer of Rights of Recovery Against ❑thers to Us {Subrogation}
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to
Condition B. Transfer of Rights of Recovery Against Others to Us:
If required by a written contract or written agreement, we waive any right of recovery we may
have against a person or organization because of payment we make for injury or damage arising out
of your ongoing operations or "your work" done under a contract for that person or organization
and included in the "products -completed operations hazard" provided that the injury or damage
occurs subsequent to the execution of the written contract or written agreement.
U. Property Damage Extension with Voluntary Payments
1. The following is added to paragraph 1. Insuring Agreement of SECTION I - COVERAGE A -
Bodily Injury and Property Damage Liability:
At your request we will pay for "loss" to property of others caused by your business
operations for which this Policy provides liability insurance. Such payment will be made without
regard to your legal obligation to do so. The "loss" must occur during the policy period and
must take place in the "coverage territory."
2. With respect to the coverage afforded under paragraph 1. above, paragraph 2. Exclusions of
SECTION I - COVERAGES A - Bodily Injury and Property ❑amage Liability is amended as
follows:
Exclusions j.(3), j.(4), j.(5) and j.(6) are deleted.
3. As respects coverage afforded by this coverage, SECTION III - LIMITS ❑F INSURANCE is
replaced by the following:
Regardless of the number of insureds, claims made or "suits" brought or persons or
organizations making claims or bring "suits":
1. Subject to 2. Below, the most we will pay for one or more "loss" arising out of any one
"occurrence" is $ 1,000.
2. The aggregate amount we will pay for the sum of all "loss" in an annual period is $ 5,000.
This aggregate amount is part of and not in addition to the General Aggregate Limit
described in paragraph 2. of SECTION III - LIMITS ❑F INSURANCE.
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V. Who Is an Insured - Fellow Employee Extension - Management Employees
1. The following is added to paragraph 2.a.(1) of SECTION II - WH❑ IS AN INSURED:
Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury"
caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity
as used herein means the "employee's" job responsibilities assigned by you, including the direct
supervision of other "employee" of yours. However, none of these "employees" are insureds
for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which
is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising
injury," caused in whole or in part by their intoxication by liquor or controlled substances.
This coverage is excess over any other valid and collectable insurance available to your
"employee."
W. Broadened Personal and Advertising Injury
1. Unless "Personal and Advertising Injury" is excluded from this Policy, the following is added to
SECTION V - DEFINITIONS Item 14.:
h. mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a.
through 14.e.
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CA 86 20 (Ed. 05116)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SIGNATURE BUSINESS AUT❑ BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following form:
BUSINESS AUT❑ COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than
other provisions of the policy, the provisions of this endorsement apply.
This is a summary of the various additional coverages and coverage modifications provided by this
endorsement. For complete details on specific coverages, consult the actual policy wording.
Coverage
Limit of Insurance
Page
Who is an Insured - Employees, Partners, Members,
Volunteers and Board Members
Included
2
Automatic Additional Insureds - By Contract and Primary and
Non -Contributory Provision
Included
2
Leased Auto Coverage
Included
3
Owned Subsidiaries and Newly Acquired or Formed
Organizations
Included
4
Supplementary Payments - Bail Bonds
$5,000
4
Supplementary Payments - Loss of Earnings
$1,000 per day
4
Fellow Employee
Included
5
Physical Damage Coverage Extensions - Towing
$200 - any auto
5
Physical Damage Coverage Extensions - Glass Breakage
No ❑eductible
5
Physical Damage Coverage Extensions - Transportation
Expenses
$100 per day, $3,000 max
5
Hired Auto Physical Damage Coverage
$100 per day, $3,000 max
5
Total Theft of a Covered Auto
$500 - personal items, $1,000 -
reasonable expenses
to return stolen auto
6
Auto Loan 1 Lease Gap Protection
Included
6
Customization Coverage
$2,000
7
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Coverage
Limit of Insurance
Page
Newly Acquired Owned Autos and Donated Autos Physical
Damage Coverage
$100,000
7
Rental Reimbursement Coverage
$100 per day up to 30 days
8
$500 for reasonable expenses to
remove and replace your materials
and equipment
8
Accidental Discharge - Airbag Coverage
Included
8
❑riginal Equipment Manufacturer OEM Part Replacement
Included
8
Multiple Deductibles
Included
8
Notice and Knowledge of Occurrence - Duties in the Event of
Accident, Claim, Suit or Loss
Included
8
Blanket Waiver of Subrogation By Written Contract
Included
9
Unintentional Failure to Disclose Hazards
Included
9
Mental Anguish
Included
9
A. WHO IS AN INSURED - EMPLOYEES, PARTNERS, MEMBERS, VOLUNTEERS AND BOARD
MEMBERS
SECTION II - COVERE❑ AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended by
adding the following:
d. Any "employee", partner or member of yours while using a covered "auto" you don't own, hire
or borrow in your business or your personal affairs.
e. Anyone volunteering services to you while using a covered "auto" you don't own, hire or
borrow in activities necessary to your business. Anyone else who furnishes that "auto" is also an
"insured".
f. Board members (or their spouses) while renting a vehicle while on business for the named
insured.
B. AUTOMATIC ADDITIONAL INSUREDS - BY CONTRACT AND PRIMARY AND
NON-CONTRIBUTORY PROVISION
SECTION II - COVERE❑ AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended to
include as an Insured any person or organization whom you are required to add as an Additional
Insured on this policy under:
a. a written contract or written agreement:
(1) in effect on the date of the "accident"; and
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(2) signed by all parties prior to the "accident."
This person or organization is an Additional Insured only to the extent you are liable for an
"accident" caused, in whole or in part, by the use of a covered "auto" being driven by you or any
"insured." However;
a. the insurance afforded to such Additional Insured only applies to the extent permitted by law;
and
b. if coverage provided to the Additional Insured is required by a written contract or written
agreement, the insurance afforded to such Additional Insured will not be broader than that
which you are required by the written contract or written agreement to provide for such
Additional Insured.
With respect to insurance provided to an Additional Insured the following provisions apply:
a. This insurance is primary to and will not seek contribution from any other insurance available to
an Additional Insured under your policy provided that:
(1) The Additional Insured is a Named Insured under such other insurance; and
(2) You have agreed in writing in a contract or agreement that this insurance would be primary
and would not seek contribution from any other insurance available to the Additional
Insured.
b. When a written contract or written agreement does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the
Additional Insured is designated as a Named Insured.
c. Regardless of the written contract or written agreement between you and an Additional Insured,
this insurance is excess over any other insurance whether primary, excess, contingent or any
other basis for which the Additional Insured has been added as an additional insured on other
policies.
d. If coverage provided to the additional insured is required by a written contract or written
agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
(1) Required by the written contract or written agreement; or
(2) Available under the applicable Limits of Insurance show in the Declarations;
whichever is less.
C. LEASED AUTO COVERAGE
With respect to insurance provided to an Additional Insured who is a lessor of a "leased auto" the
following provisions apply:
SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, A. Coverage is amended by adding the
following:
Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you
own and not covered "auto" you hire or borrow.
For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an "Insured"
the lessor.
The coverages provided under this endorsement apply to any "leased auto" described in the
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Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent
takes possession of the "leased auto," whichever occurs first.
SECTION IV - BUSINESS AUTO CONDITIONS, A.4. Loss Payment - Physical ❑amage
Coverages is amended by adding the following:
a. We will pay, as interest may appear, you and the lessor for "loss" to a "leased auto."
b. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or
omissions on your part.
c. If we make any payment to the lessor, we will obtain his or her rights against any other party.
SECTION V - ❑EFINITIONS is amended by adding the following definition:
"Leased auto" means any "auto" leased or rented to you including any substitute, replacement or
extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that
requires you to provide direct primary insurance for the lessor.
D. OWNED SUBSIDIARIES AND NEWLY ACQUIRE❑ OR FORMED ORGANIZATIONS
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. 1. Who is An Insured is amended by
adding the fallowing:
The following are "insureds":
a. Any subsidiary which is a legally incorporated entity of which you maintain ownership or
majority interest on the effective date of this Coverage Form except:
(1) Any subsidiary that is an insured under any other automobile liability policy.
(2) Any subsidiary which would be an insured under any other automobile liability policy but for
the termination of such policy or exhaustion of such policy's Limits of Insurance.
b. Any organization you newly acquire or form, and in which you maintain ownership or majority
interest, but only for the period beginning when you first maintained majority interest until the
end of the policy period of this Coverage Form, or the next anniversary of the inception date
of this Coverage From, whichever is earlier. However, the newly acquired or formed
organization is not an "Insured":
(1) For "bodily injury" or "property damage" resulting from an "accident" that occurred before
you acquired or formed the organization.
(2) If it is an insured under any other automobile liability policy or would be an insured under
any other automobile liability policy but for the termination of such policy or exhaustion of
such policy's Limits of Insurance.
E. SUPPLEMENTARY PAYMENTS
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A.2.a.(2) is deleted and replaced with the
following:
(2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A.2.a.(4) is deleted and replaced with the
following:
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(4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of
earnings up to $1,000 a day because of time off from work.
F. FELLOW EMPLOYEE
SECTION it - LIABILITY COVERAGE is amended to add the following after Paragraph B.5.b:
This exclusion does not apply to "bodily injury" resulting from the use of a covered "auto" you own
or hire. Coverage afforded by this section is excess over any other collectible insurance.
G. PHYSICAL ❑AMAGE COVERAGE EXTENSIONS - TOWING
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety
and replaced with the following:
2. Towing
We will pay up to $200 for towing and labor costs incurred each time a covered "auto" is
disabled. However, the labor must be performed at the place of disablement. No deductible
applies to this enhancement.
H. PHYSICAL ❑AMAGE COVERAGE EXTENSIONS - GLASS BREAKAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage - Hitting a Bird
or Animal - Falling Objects or Missiles is amended by adding the following:
No deductible for covered "autos" applies to "loss" resulting from glass breakage.
I. PHYSICAL DAMAGE COVERAGE EXTENSIONS - TRANSPORTATION EXPENSES
SECTION ]1] - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. is
deleted in its entirety and replaced with the following:
a. Transportation Expenses
We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expense
incurred by you because of "loss" to a covered "auto". We will pay only for those covered
"autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We
will pay for temporary transportation expenses incurred until the covered "auto" is returned to
use or we pay for its "loss," regardless of the policy's expiration.
We will pay under this coverage extension only that amount of Transportation Expenses which
is not already provided under O. Rental Reimbursement Coverage of this endorsement.
J. HIRE❑ AUTO PHYSICAL DAMAGE COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is
amended to add the following:
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If Comprehensive Coverage, Specified Causes of Loss or Collision Coverage is shown in the
Declarations for any covered "auto", then the same type of Physical Damage Coverage is provided
for any Hired Auto, subject to the following:
a. The most we will pay for any one "accident" or "loss" the lesser of:
(1) the actual cash value of the covered "auto" at the time of the "loss"; or
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(2) the actual cost to repair or replace such covered "auto" at the time of the "foss."
b. The Limit of Insurance as determined under Paragraph J.a., above, will be reduced by any
applicable Comprehensive or Collision deductible for each covered "auto." This deductible will
be equal to the largest deductible applicable under any coverage for such covered "auto." No
deductible applies to "loss" caused by fire or lightning.
c. The coverage provided by this coverage extension will be excess over any other collectible
insurance.
d. Subject to Paragraphs J.a, J.b and J.c, above, we will provide the broadest coverage applicable
to any covered "auto" shown in the ❑eclarations.
e. For coverage provided under this coverage extension, the last sentence of Paragraph A.4.b
under SECTION III - PHYSICAL ❑AMAGE COVERAGE, is deleted and replaced with the
following:
However, the most we will pay for any expenses for loss of use is $100 per day, to a
maximum of $3,000 per "accident" if loss of use results from an "accident" for which you are
legally liable and the lessor incurs a financial loss.
K. TOTAL THEFT OF A COVERED AUTO
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is
amended to add the following:
Total Theft of a Covered Auto
In the event of the total theft of a covered "auto":
a. Coverage includes personal items in the covered "auto" at the time of loss up to a maximum of
$500. No deductible applies to this coverage.
b. We will pay reasonable expenses for returning the stolen covered "auto" to you once it is
recovered, up to a maximum of $1,000. No deductible applies to this coverage.
L. AUTO LOAN 1 LEASE GAP PROTECTION
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is
amended to add the following:
In the event of a total "loss" of a covered "auto" shown in the ❑eclarations for which Physical
Damage Coverage is provided, we will provide coverage for any unpaid amount due on the lease or
loan for such covered "auto," less the following:
a. The amount paid under the Physical Damage Coverage Section of the Policy for that covered
"auto", and
b. Any:
(1) overdue lease or loan payments at the time of the "loss";
(2) financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
(3) security deposits not returned by the lessor;
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(4) costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance
purchased with the loan or lease; and
(5) carry-over balances from previous loans or leases.
M. CUSTOMIZATION COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is
amended to add the following:
a. We will pay with respect to a covered "auto" for "loss" to automobile customization which
includes special carpeting and insulation, height - extended roofs and custom murals, paintings,
vinyl wraps or other details or graphics.
b. our limit of liability for "loss" to automobile customizations in any one "loss" shall be the least
of:
(1) the actual cash value of the stolen or damaged property;
(2) the amount necessary to repair or replace the property; or
(3) $2,000.
This coverage does not apply to electronic equipment.
N. NEWLY ACQUIRED OWNED AUTOS AN❑ DONATED AUTOS PHYSICAL DAMAGE COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is
amended to add the following:
If Comprehensive, Specified Causes of Loss, or Collision Coverage is provided by this Policy, the
coverage is extended to apply to Physical Damage "loss" to your newly acquired owned "autos" and
donated autos. We will provide the broadest coverage available to any covered "auto" shown in the
Declarations.
The most we will pay for "loss" to a newly acquired "auto" or donated aut❑ is the least of:
a. the actual cash value of the damaged or stolen property as of the time the "loss," or your actual
cost of purchase of the newly acquired "auto", whichever is more;
b. the actual cost of:
(1) replacing the damaged or stolen property with other property of like kind and quality; or
(2) repairing the damaged property.
without deduction for depreciation; or
C. $100,000.
However, the most we will pay for all covered physical damage "loss" for newly acquired autos and
donated autos occurring during the policy period shown on the Declarations is $100,000.
For each newly acquired "auto" our obligation to pay "loss" will be reduced by a deductible equal to
the highest deductible applicable to any "auto" for that coverage. No deductible will be applied to
"loss" caused by fire or lightning.
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Coverage under this Extension, for newly acquired owned "autos" is afforded until you notify us to
add the newly acquired owned vehicle to your auto schedule or until the end of the policy period,
whichever is earlier.
O. RENTAL REIMBURSEMENT COVERAGE EXTENSION
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, is
amended to add the following:
For those covered "autos" for which you carry Comprehensive or Specified Cause of Loss
Coverage:
We will pay up to $100 per day, for up to 30 days, for Rental Reimbursement Expenses incurred
by you for the rental of an "auto" because of a "loss" to a covered "auto".
We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your materials and equipment from the covered "auto".
We will pay under this coverage extension only that amount of your Rental Reimbursement
Expenses which is not already provided under I. Transportation Expenses of this endorsement.
P. ACCIDENTAL ❑ISCHARGE - AIRBAG COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, 0.3.a is deleted and replaced with the following:
a. Wear and tear, freezing, mechanical or electrical breakdown, but this exclusion does not apply
to "loss" due and confined to the accidental discharge of an airbag. No deductible applies to this
coverage.
Q. ORIGINAL EQUIPMENT MANUFACTURER (OEM) PART REPLACEMENT
SECTION III - PHYSICAL DAMAGE, C. Limit of Insurance, Paragraph 1. is amended to include:
We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new
Original Equipment Manufacturer (OEM) replacement parts if the damage parts cannot be repaired.
R. MULTIPLE ❑EDUCTIBLES
SECTION III - PHYSICAL DAMAGE, ❑. ❑eductible, is amended to add the following:
When two or more covered "autos" sustain "loss" in a single incident, a single Physical Damage
deductible will apply to the total "loss" for all covered "autos." That deductible will be the largest of
all deductibles applying to any of the covered "autos" involved in the single incident.
S. NOTICE AN❑ KNOWLEDGE ❑F OCCURRENCE - DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT ❑R LOSS
SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is deleted and replaced with the
following:
a. In the event of "accident," claim, "suit" or "loss," you must give us or our authorized
representative notice as soon as practicable of the "accident" or "loss" after the "accident" or
"loss" is known to you (if you are an individual), one of your partners (if you are a partnership),
or one of your officers or any personnel responsible for insurance, risk management, or loss
prevention (if you are a corporation). Notice shall include:
(1) How, when and where the "accident" or "loss" occurred;
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(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.b(2) is deleted and replaced with the
following:
(2) As soon as practicable send us copies of any request, demand, order, notice, summons or legal
paper received concerning the claim or "suit" after the claim or "suit" is known to you (if you
are an individual), one of your partners (if you are a partnership), or one of your officers or any
personnel responsible for insurance, risk management, or loss prevention (if you are a
corporation).
T. BLANKET WAIVER OF SUBROGATION BY WRITTEN CONTRACT
SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5 is amended to add the following:
However, we waive any right of recovery we may have against any person or organization to the
extent required of you by a written contract or written agreement signed by all parties prior to any
"accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated
by such written contract or written agreement. The waiver applies only to the person or
organization designated in such written contract or written agreement.
U. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV - BUSINESS AUTO CONDITIONS, B.2. is amended to add the following:
Failure of the "Insured" to disclose all exposures or hazards existing as of the effective date of this
Coverage Form will not invalidate or adversely affect coverage for such exposure or hazard,
provided such failure is not intentional on the part of the "Insured". However, you must report the
undisclosed exposure or hazard to us as soon as practicable after you discover the exposure or
hazard.
V. MENTAL ANGUISH
The definition of "Bodily Injury" in SECTION V - ❑EFINITIONS is replaced by the following:
"Bodily Injury" means physical injury, sickness or disease sustained by a person including death
resulting from any of these. "Bodily Injury" also means mental injury, mental anguish, humiliation or
shock if directly resulting from physical injury, sickness or disease to that person.
CA 86 20 (Ed. 05/16) (Page 9 of 9)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work
under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due
on such remuneration.
Person or Organization
Schedule
Job Description
Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
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: 2/7/2025 Policy No.: 1AUICA160143363102 Endorsement No.:
Insured: SHAKESPEARE SAN Insurance Company: Accredited Surety
FRANCISCO and Casualty Company, Inc.
Countersigned By: � -4,06
WC 04 03 06
(Ed. 04-84)
Free Shakespeare in the Park 2025
Final Audit Report 2025-07-14
Created: 2025-07-14
By: Webmaster Admin (webmaster@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAfZgfVogwZ_7As_eQPoh5Nf1g_oFMpFce
"Free Shakespeare in the Park 2025" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2025-07-14 - 4:52:51 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2025-07-14 - 4:58:53 PM GMT
Email viewed by Araceli Alejandre (aracelia@cupertino.org)
2025-07-14 - 4:59:20 PM GMT- IP address: 13.217.100.33
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2025-07-14 - 6:37:24 PM GMT - Time Source: server- IP address: 71.202.76.156
Document emailed to for signature
2025-07-14 - 6:37:28 PM GMT
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2025-07-14 - 6:37:56 PM GMT- IP address: 52.176.2.235
Signer pshah@sfshakes.org entered name at signing as Toby Leavitt
2025-07-14 - 8:54:36 PM GMT- IP address: 75.26.19.155
Document e-signed by Toby Leavitt (
Signature Date: 2025-07-14 - 8:54:38 PM GMT - Time Source: server- IP address: 75.26.19.155
Document emailed to Michael Woo (michaelw@cupertino.org) for signature
2025-07-14 - 8:55:44 PM GMT
Email viewed by Michael Woo (michaelw@cupertino.org)
2025-07-14 - 8:55:53 PM GMT- IP address: 52.201.250.230
Document e-signed by Michael Woo (michaelw@cupertino.org)
Signature Date: 2025-07-14 - 10:38:14 PM GMT - Time Source: server- IP address: 73.170.186.236
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Document emailed to Rachelle Sander (rachelles@cupertino.org) for signature
2025-07-14 - 10:38:18 PM GMT
Email viewed by Rachelle Sander (rachelles@cupertino.org)
2025-07-14 - 10:38:28 PM GMT- IP address: 3.92.58.106
Document e-signed by Rachelle Sander (rachelles@cupertino.org)
Signature Date: 2025-07-14 - 10:40:44 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2025-07-14 - 10:40:48 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2025-07-14 - 10:40:56 PM GMT- IP address: 54.198.1.131
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2025-07-14 - 10:50:44 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2025-07-14 - 10:50:44 PM GMT
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