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26-033 RJ Parlay Inc. dba ClearBlu Environmental Wash Rack Preventative Maintenance Services
Wash Rack Preventative Maintenance Services Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and RJ Parlay Inc. dba ClearBlu Environmental (“Contractor”), a Corporation for Wash Rack Preventative Maintenance Services, 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 June 30, 2030 (“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. Wash Rack Preventative Maintenance Services Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 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. 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 $50,000.00 (“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 5.1 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. 5.3 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. Wash Rack Preventative Maintenance Services Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 5.4 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. 5.5 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 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, Wash Rack Preventative Maintenance Services Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 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. 7.3 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. 7.5 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. 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 Wash Rack Preventative Maintenance Services Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 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 Wash Rack Preventative Maintenance Services Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 work or performance of Contractor or its subcontractors or sub- subcontractors; (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-party 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. Wash Rack Preventative Maintenance Services Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 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 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 Wash Rack Preventative Maintenance Services Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Jimmy Tan 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 Ranjan Prasad 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. 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 Wash Rack Preventative Maintenance Services Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 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. 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. Wash Rack Preventative Maintenance Services Page 10 of 9 Professional/Consulting Contracts /Version: March 2025 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. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) to the extent such failure or delay is caused by events beyond the party's reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, epidemics, pandemics, quarantine restrictions, war, terrorism, civil unrest, strikes or labor disputes (except those involving the party's own employees), governmental orders or restrictions, utility failures, or supply chain disruptions (each, a "Force Majeure Event"). The party affected by a Force Majeure Event shall: (a) promptly notify the other party in writing of the Force Majeure Event and its expected duration; (b) use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable; and (c) provide regular updates on the status of the Force Majeure Event. The time for performance shall be extended by the period of delay caused by the Force Majeure Event. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement upon written notice to the other party, and Contractor shall be compensated for all Services satisfactorily performed through the date of termination plus reasonable wind-down costs. 27. 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: Wash Rack Preventative Maintenance Services Page 11 of 9 Professional/Consulting Contracts /Version: March 2025 28. EXECUTION 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 To Contractor: RJ Parlay Inc. dba ClearBlu Environmental 246 Basher Drive, Unit 3 Berthoud, CO 80513 Attention: Jimmy Tan Email: JimmyT@cupertino.org Attention: Ranjan Prasad Email: ranjan@clrblu.com Wash Rack Preventative Maintenance Services Page 12 of 9 Professional/Consulting Contracts /Version: March 2025 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR Acting City Clerk Date Ranjan Prasad Ranjan Prasad CEO Mar 02, 2026 Chad Mosley Director of Public Works Mar 3, 2026 Lauren Sapudar Mar 3, 2026 EXHIBIT A, B, & C SCOPE OF WORK & SCHEDULE OF PERFORMANCE A. The Contractor shall furnish all labor, tools, transportation, supplies, equipment, materials, and supervision necessary to perform the work as described in this section. B. All work shall be done in a professional and workmanlike manner, conforming to generally accepted industry practices and applicable original manufacturer specifications. C. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the work and shall comply with all applicable safety laws and regulations, generally accepted industry standards, and take all reasonable precautions for safety of the public, City employees and other persons on or about the property. D. Contractor shall possess a valid/current City’s business license. E. The City’s normal (standard) working hours for this contract shall be from 6:00am to 3:30pm Monday through Thursday and 6:00am to 2:30pm on Friday. F. Contractor is to comply with all applicable codes and regulations having jurisdiction for work to be performed under this contract. G. Each worker performing work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code for Service Order greater than $1,000, if applicable. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Contractor shall post a copy of the applicable prevailing rates at the Worksite. Responsibilities of the Contractor: 1. Contractor shall provide monthly preventative maintenance of the wash station in accordance with the ClearBlu checklist that includes, but is not limited to: ● Testing operation of the sump pump, metering pump for microbes, transfer pump, aeration pumps, and all associated floats. ● Testing operation of pinch valves for settling tanks and BIO unit. ● Pressure wash the wedge wire screen and drain back tank. ● Replenish microbes. ● Testing operation of auto shut-off and pressure. ● Inspecting unit, houses and reel stand for leaks. ● Checking condition of belts and pulleys and hoses. ● Checking pump oil. ● Testing operation of the burner, thermostat, soap valve, pressure, and auto shut-off. ● Checking voltage and amp draw on pump motor. ● Testing float valve in water tank for proper operation. ClearBlu Environmental Using Green Technologies to treat Waste Water 1010 Cass St # D10, Monterey, CA 93940 For Professional Service and Repairs Call 831 -724-1377 866.875.4163 Clean Water. Clear Results. clrblu.com Company: City of Cupertino Service Address: 10555 Mary Ave Cupertino, CA 95014 Contact Name: Shawn Tognetti Contact Phone: (408) 777-3409 Email: shawnt@cupertino.gov Labor Rate: $153.00 per hour Monday -Friday Travel Time Rate: $153.00 per hour Monday- Friday Warranty: All parts and services furnished hereunder will be warrantied for a period of 90 days from the date of delivery. Unless otherwise agreed to in writing by ClearBlu, there are no other warranties, expressed or implied, which extend beyond those given in this paragraph. Customer Signature: _______________________________ Date: ________________________ Name: _____________________________________ Rate Sheet for 2026 EXHIBIT C Exh. D-Insurance Requirements for Professional Consultant Contracts 1 Version: May 2025 Consultant 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. b. Additional Insured coverage under Consultant'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. Consultant shall be fully remote and not use automobiles to provide the service . In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant 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 Consultant 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. Consultant has provided written confirmation that it does not own any autos. Consultant 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 Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant 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). EXHIBIT D Insurance Requirements Professional Consultant Contracts Exh. D-Insurance Requirements for Professional Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant 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. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’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. b. 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 Consultant 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 Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’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 Consultant’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 Consultant 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 Consultant 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 Professional Consultant Contracts 3 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 Consultant 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 Consultant 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. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant 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 Consultant. 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. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/22/2025 (817) 734-1482 10172 RJ Parlay Inc dba Clearblu Environmental 246 Basher Dr Unit 3 Berthoud, CO 80513-9170 22667 20044 A 1,000,000 X X G48615922 001 5/30/2025 5/30/2026 100,000 50,000 1,000,000 2,000,000 2,000,000 1,000,000B X X H08888814 001 5/30/2025 5/30/2026 3,000,000A G4861601A 001 5/30/2025 5/30/2026 3,000,000 3,000,000 C X RJWC638040 5/30/2025 5/30/2026 1,000,000 1,000,000 1,000,000 A Pollution G48615922 001 5/30/2025 Each Poll Condition 1,000,000 A Professional Liab.G48615922 001 5/30/2025 5/30/2026 Each Claim 1,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are additional insured with respect to liability arising out of the services performed by or on behalf of Contractor including materials, parts or equipment. Insurance is primary and non-contributory. Waiver of subrogation applies. 30 days notice of cancellation, 10 days notice due to non-payment of premium. There is no deductible for the workers compensation insurance policy. City of Cupertino 10555 Mary Ave Cupertino, CA 95014 RJPARLA-01 MMENDOZA NewCo Risk, LLC 7014 Crosswood Dr Austin, TX 78745-5414 Kara Mauerhan kara@newcorisk.com Westchester Surplus Lines Insurance Company ACE American Insurance Company Berkshire Hathaway Homestate Insurance Co Products/Comple X 5/30/2026 X X X X X X X X ` AUTO BINDER POLICY H08888814 001 Date: June 3, 2025 Producer: Insured: RSG Specialty Insurance 2465 Kuser Road Suite 202 Hamilton, NJ 08690 RJ Parlay Inc/ClearBlu Environmental 246 Basher Drive #3 Berthoud, CO 80513 Attention: Evan Quinn Telephone: 484.626.3213 Via email/fax: evan.quinn@rtspecialty.com The following binder outlines our Commercial Auto coverage for the above referenced account. Coverage will be provided in the Admitted Company listed below. Company: Ace American Insurance Company Basic Coverage: Business Auto Coverage Form Coverage Enhancements: Pollution Liability - Broadened Coverage for Covered Autos Endorsement (INCLUDED) Premium: $14,331.00 Basis (Total Units): 5 Taxes/Surcharges $ 6.28 Total Policy Premium $14,337.28 Policy Term: May 30, 2025 to May 30, 2026 Commission: 15% Insurance Company Forms & Endorsements ALL20887 1006 - Producer Compensation Notice ALL21101 1106 - Trade or Economic Sanctions Endorsement ALL223 6807 CO Fraud Notice CA0001 1120 - Business Auto Coverage Form CA0113 1013 Colorado Changes CA0143 0517 California Changes CA0149 1013 Oregon Changes CA0424 1013 California Auto Medical Payments Coverage CA0440 1013 Colorado Auto Medical Payments Coverage CA2105 0824 Oregon Uninsured Motorists Coverage Bodily Injury CA2150 0717 Colorado Uninsured Motorists Coverage Bodily Injury CA2154 1116 California Uninsured Motorists Coverage Bodily Injury CA2236 1116 Oregon Personal Injury Protection CA2384 1013 - Exclusion of Terrorism CA9903 1013 - Auto Medical Payments Coverage CA9928 1013 Stated Amount Insurance 2 CA9948 1013 - Pollution Liability - Broadened Coverage for Covered Autos - Business Auto Motor Carrier and Truckers Coverage Forms CAU004 1206 OR UM Selection Form CC1K11k 0422 Signatures DA13115a 0614 - Waiver of Transfer of Rights of Recovery Against Others DA13116a 0614 Amendment of Cancellation Provisions Notice to Additional Interest(s) (for Filing notice) DA33661 0411 Colorado Bodily Injury Uninsured Motorists Coverage Selection/Rejection DA3K41B Business Auto Declarations DA47487 0216 Loss Payment Physical Damage Coverages Condition DA6Z04a 0614 - Automatic Additional Insured DA9T21 OR Notice Policyholders IL0017 1198 - Common Policy Conditions IL0021 0908 - Nuclear Energy Liability Exclusion Endorsement IL0125 1113 Colorado Changes Civil Union IL0142 0908 OR Changes Domestic IL0169 0907 CO Changes IL0228 0907 CO Changes Cancellation and Non-Renewal IL0270 0720 California Changes Cancellation and Renewal IL0279 0908 OR Changes Cancellation and Non-Renewal ILN018 0122 California Fraud Statement ILN118 0110 CA Automobile Repair Dealer Notice ILN119 1015 California Auto Body Repair Consumer Bill of Rights ILP001 0104 Treasury Dept. (OFAC) ILU001 0903 CA UM Selection Form ILU063 0109 CO Rejection of Medical Payments MA608255F Claims Directory Endorsement Comments, Enhancements, etc. Binder based on POLK ACV value unless Stated Amount requested. Physical Damage Deductibles reflected on Coverage Grid MCS-90 provided for $1,000,000 limit. DA6Z04a 0614 Automatic Additional Insured provided DA13115a 0614 Waiver of Transfer of Rights of Recovery Against Others provided with the following blanket wording in the schedule: Any person or organization, for whom you are required in a written contract or agreement, with such written contract or agreement signed prior to commencement of operations, to waive any right of If other insurance is available to an insured we cover under any of the endorsements listed or described for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. DA13116a 0614 Amendment of Cancellation Provisions Notice to Additional Interest(s) (Provided for 35 DNOC on all Required Filings if needed) Vehicle schedule used for binding as follows: Vehicle Number Model Year Make/Model VIN State Physical Damage Deductible if Applicable Stated Amount 1 2023 RAM PROMASTER 2500 2 3C6LRVDG8PE502643 CO $1,000 No 2 2018 FORD TRANSIT T-350 1FTBW3XG6JKA47597 CA $1,000 Yes 3 2020 FORD TRANSIT T-350 1FTBW3X89LKB54512 CA $1,000 No 4 2021 RAM PROMASTER 3500 3 3C6MRVJG2ME539093 CA $1,000 No 5 2022 FORD F250 SUPER DUTY 1FD7X2B62NED84702 OR $1,000 No 3 Coverage Limits Deductibles Symbols Liability Including HNO $1,000,000 Combined Single Limit Not Applicable 1 Personal Injury Protection (or equivalent No-Fault Coverage) Separately Stated In each PIP Endorsement Not Applicable 5 Medical Payments $5,000 Not Applicable 7 Uninsured / Underinsured Motorists $1,000,000 Combined Single Limit Not Applicable 7 Physical Damage Comprehensive Stated Amount, ACV or Cost of Repair, whichever is Less, minus Deductible Per Included Schedule 7 Physical Damage Collision Stated Amount, ACV or Cost of Repair, whichever is Less, minus Deductible Per Included Schedule 7 Standard Terms and Conditions: Premium is due thirty (30) days from the effective date of coverage This binder may provide hired and non-owned liability or hired car physical damage, (see coverage symbols if applicable). This coverage, as defined by the policy Covered Auto Symbols, is designed for temporary hired, rented, leased or This is not designed or intended to cover long term lease arrangements (lease, rental or borrow arrangements in excess of 180 days). scheduled formally on the policy. that is considered a long-term arrangement (in excess of 180 days) must be reported to us when acquired, per the policy terms and conditions. A formal premium bearing midterm endorsement will be processed effective the date of vehicle acquisition. policy terms and conditions. If the policy is composite rated, any equipment leased, rented, hired or borrowed for a period in excess of 180 days will be subject to audit after policy expiration. In any instance, hired car physical damage does not provide physical damage coverage for owner operator equipment, unless expressly agreed to by endorsement. By accepting this binder and agreeing to bind coverage, you and the insured hereby confirm your understanding and agreement. 4 Please read this binder carefully, as the limits, coverage and other terms and conditions may vary significantly from those requested in your submission and/or from the expiring policy. Terms and conditions that are not specifically mentioned in this binder are not included. The terms and conditions of this binder supersede the submitted insurance specifications and all prior proposals and binders. Actual coverage will be provided by and in accordance with the policy as issued. The insurer is not bound by any statements made in the submission purporting to bind the insurer unless such statement is reflected in the policy or in an agreement signed by someone authorized to bind the insurer. This binder has been constructed in reliance on the data provided in the submission. A material change or misrepresentation of that data voids this binder. The U.S. Foreign Account Tax Compliance Act, commonly known as "FATCA", became the law in the U.S. in March of 2010 and becomes effective July 1, 2014. Pursuant to FATCA, brokers, producers, agents and/or clients may need to obtain withholding certificates, from insurance companies. For information on how to obtain the applicable withholding certificate from ACE U.S. insurance companies, please go to http://www.acegroup.com/us-en/businesses/foreign- account-tax-compliance-act-fatca.aspx Please be advised that we do not review Certificates of Insurance issued by you, or by any party, relating to this policy of insurance either for content or accuracy. Accordingly, we request that you do not provide copies of certificates to us for review or for our records. Authority is granted to you for the limited purpose of issuing unmodified ACORD Certificates (ACORD 25-S). It is your responsibility to see that any Certificate provides an accurate representation of the coverage form and endorsements applicable to this policy at the time the Certificate is issued. Any modification of the approved ACORD forms specifically set forth above, or the issuance of a non-approved Certificate of Insurance (ACORD or other) is prohibited. Certificates of Insurance may only be issued as a matter of information. You have no authority by virtue of a Certificate or otherwise, to amend, extend or otherwise alter coverage afforded under this policy. Certificates of Insurance are never recognized as endorsements or policy change requests. You must submit a separate written request if an endorsement or policy change (including but not limited to adding additional insureds or loss payees and/or alteration of notice requirements for cancellation) is requested. In the event a policy change is requested, the underwriter will advise if the request is acceptable to the Company. Should you have any questions, please feel free to contact me at 770.286.4670 or david.gallimore@Westchester.com Sincerely, David Gallimore AVP, Underwriting Manager Westchester Environmental Auto 11575 Great Oaks Way, Suite 200, Alpharetta, GA 30022 DA-6Z04a (06/14) Page 1 of 1 AUTOMATIC ADDITIONAL INSURED ENDORSEMENTAUTOMATIC ADDITIONAL INSURED ENDORSEMENT Named Insured RJ Parlay Inc / ClearBlu Environmental Endorsement Number Policy Symbol CAL Policy Number H08888814 Policy Period 05/30/2025 TO 05/30/2026 Effective Date of Endorsement 05/30/2025 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SECTION II - LIABILITY COVERAGE, WHO IS AN INSURED is amended to include as an "insured" any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by: 1. You, while using a covered “auto” or 2. Any other person, while using a covered “auto” with your permission. The insurance provided by this endorsement shall be subject to the following additional condition: 1. The Limit of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event, shall the policy Limits of Insurance be increased by the contract. 2, All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage (s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract. 3. Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available to the Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specifically requires that this insurance be primary or you request that it apply on a primary basis prior to loss. Authorized Representative 088 IL 00 17 11 98 Copyright, Insurance Services Office, Inc.,1998 Page 1 of 1 POLICY NUMBER: CAL H08888814 IL 00 17 11 98 COMMON POLICY CONDITIONSCOMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1.The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2.We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b.30 days before the effective date of cancel- lation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due.If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata.The cancellation will be ef- fective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys,reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections.We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public.And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1.and 2.of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4.Paragraph 2.of this condition does not apply to any inspections,surveys,reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations,of boilers,pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative.Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 034 Wash Rack Preventative Maintenance Services Final Audit Report 2026-03-03 Created:2026-02-10 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAxQCYLqYMXqI9pMB2_u9UUOGTqg1TPQGa "Wash Rack Preventative Maintenance Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-02-10 - 1:23:47 AM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-02-10 - 2:05:35 AM GMT Email viewed by aracelia@cupertino.org 2026-02-10 - 2:05:51 AM GMT- IP address: 44.213.248.59 Document approval delegated to Araceli Alejandre (AraceliA@cupertino.gov) by aracelia@cupertino.org 2026-02-10 - 2:18:56 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (AraceliA@cupertino.gov) Approval Date: 2026-02-10 - 2:22:29 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to ranjan@clrblu.com for signature 2026-02-10 - 2:22:34 AM GMT Email viewed by ranjan@clrblu.com 2026-02-10 - 2:55:03 AM GMT- IP address: 74.125.209.135 Email viewed by ranjan@clrblu.com 2026-02-21 - 0:17:54 AM GMT- IP address: 74.125.209.134 Email viewed by ranjan@clrblu.com 2026-02-22 - 1:17:23 AM GMT- IP address: 74.125.209.133 Email viewed by ranjan@clrblu.com 2026-02-24 - 0:23:25 AM GMT- IP address: 74.125.209.135 Email viewed by ranjan@clrblu.com 2026-02-26 - 7:30:03 AM GMT- IP address: 74.125.209.133 Email viewed by ranjan@clrblu.com 2026-02-28 - 8:04:57 PM GMT- IP address: 74.125.209.134 Email viewed by ranjan@clrblu.com 2026-03-01 - 2:12:13 AM GMT- IP address: 74.125.209.128 Signer ranjan@clrblu.com entered name at signing as Ranjan Prasad 2026-03-03 - 5:55:36 AM GMT- IP address: 192.184.145.158 Document e-signed by Ranjan Prasad (ranjan@clrblu.com) Signature Date: 2026-03-03 - 5:55:38 AM GMT - Time Source: server- IP address: 192.184.145.158 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-03-03 - 5:55:46 AM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-03-03 - 5:55:54 AM GMT- IP address: 44.192.120.52 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-03-03 - 6:03:13 AM GMT - Time Source: server- IP address: 98.33.114.31 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2026-03-03 - 6:03:20 AM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2026-03-03 - 6:03:28 AM GMT- IP address: 98.80.150.211 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2026-03-03 - 5:33:13 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Lauren Sapudar (laurens@cupertino.org) for signature 2026-03-03 - 5:33:21 PM GMT Email viewed by Lauren Sapudar (laurens@cupertino.org) 2026-03-03 - 5:33:27 PM GMT- IP address: 54.197.87.224 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-03-03 - 5:41:17 PM GMT - Time Source: server- IP address: 69.149.42.28 Agreement completed. 2026-03-03 - 5:41:17 PM GMT