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HomeMy WebLinkAbout25-193 City of Cupertino and Foothill-De Anxa Community College, a Non-Profit for Youth Art Instruction12345 El Monte Rd. Los Altos Hills, CA 94022 Foothill College De Anza College FHDA Business Services – No-Cost Contract Routing Sheet (Rev. 11/2024) NO COST CONTRACT ROUTING SHEET This form is used to submit MOUs, Grants, clinical, internship, revenue-generating, or other no-cost agreements to the District for Board ratification. Include the partner signed Contract and relevant supporting documents when submitting this routing sheet. Contract Originator Name:________________________________________ Department: ________________________________ Contract Originator Signature: _____________________________________ Date: ________________ Contract Origination Location: De Anza ___ Foothill ___ District Office ___ Sunnyvale ___ CONTRACT INFORMATION: Vendor/Partner Name: _____________________________________________________________________________________ Contract Type: MOU ___ Clinical ___ Internship ___ Revenue/Grant ___ Amount (if applicable) $________________________ Other (specify):______________________________________ Term: Start date _________ End date _________ Contract Description/Purpose: APPROVALS: (All Approvers required unless noted.) 1. Originator’s Manager / Dean / Area VP Signature: _____________________________________ Date: ________ (additional signer if necessary) Signature: _____________________________________ Date: ________ 2. VP Admin. Services/Finance Administration Signature: _____________________________________ Date: ________ 3. Director, Purchasing, Contracts, & Risk Mgmt. Signature: _____________________________________ Date: ________ 4.Acceptor: Contracts@fhda.edu* NEXT STEPS: *Indicate contracts@fhda.edu email in Adobe Sign as Acceptor. Acceptor will obtain District countersignature and return agreement to contract originator within 5 business days. Nov 13, 2025 Exh. B Insurance for Recreation Contracts Updated May 2025 1 Exhibit B Insurance Requirements for Recreation Contracts As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. Minimum Scope and Limit of Insurance.Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 with limits no less than $1,000,000 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. b. 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 Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Required if automobile is used to perform work under this contract.) 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. B Insurance for Recreation Contracts Updated May 2025 2 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 and Employer’s Liability Insurance limits of no less than $1,000,000 per accident/disease. If no employees, Contractor must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: Insurance is required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors) or vulnerable populations. Coverage shall include bodily injury sexual abuse and molestation coverage, personal injury, and property damage, including without limitation, blanket contractual liability. Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies with a limit of no less than $2,000,000 per occurrence and $4,000,000 aggregate. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. Not Required. Contract does not involve services to minors or vulnerable populations Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Contractor’s CGL and automobile liability policies. Endorsement of General Liability coverage shall be at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used. Primary and Non-Contributory Coverage Except Workers’ Compensation coverage, Contractor’s insurance coverage shall allow and be endorsed primary coverage at least as broad as the most recent edition of ISO CG 20 01. Any insurance or self- insurance maintained by City, its officers, officials, employees, agents, 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 business 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 Exh. B Insurance for Recreation Contracts Updated May 2025 3 subrogation in favor of City for all work performed by Contractor, its employees, agents, volunteers and subcontractors. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (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/coverages based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Youth Art Instruction Final Audit Report 2025-11-13 Created:2025-10-23 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAADi10Vvydyg6VWw1eq0AbRqEheyBOdtml "Youth Art Instruction" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-10-23 - 10:01:30 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-10-23 - 10:04:00 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-10-23 - 10:04:09 PM GMT- IP address: 54.237.80.76 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-10-23 - 10:05:45 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-10-23 - 10:05:49 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-10-23 - 10:05:57 PM GMT- IP address: 107.21.148.122 Email viewed by Michael Woo (michaelw@cupertino.org) 2025-11-13 - 3:09:28 PM GMT- IP address: 98.93.167.66 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-11-13 - 5:38:57 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-11-13 - 5:39:02 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-11-13 - 5:39:09 PM GMT- IP address: 34.227.192.28 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-11-13 - 6:46:44 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-11-13 - 6:46:44 PM GMT