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26-056 Bay Area Fencing Club for Fencing Instruction
CITY OF No. FY2026 - 2028 CUPERTINO RECREATION SERVICES AGREEMENT 1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation ("City"), and Bay Area Fencing Club ("Contractor"), a Corporation for Fencing Instruction and is effective on 06/01/2026 ("Effective Date"). 2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A. 3. Term. This contract begins on the Effective Date and ends on 06/30/2028 ("Contract Time"), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $52,500.00 ("Contract Price"), based upon the Scope of Services, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24 hours' notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment. 5. Independent Contractor. 5.1 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. No civil service status or other right of employment will be acquired by virtue of Contractor's performance of the Services. Contractor is not entitled to City's health benefits, worker's compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. Recreation Services Agreement/ Rev. April 2025 Page 1 of 7 Contractor will supply all tools, materials, and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code. 5.2 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. To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it as confidential and use it solely to perform this Agreement. Contractor must 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. To the extent Contractor prepares written material, drawings, or data in connection with this contract, City will have the property rights to those materials and all copyrights, if any, to such work product will, to the extent requested by City, constitute City property upon completion of the work to be performed hereunder or upon termination of this Agreement. 8. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's services, benchmarks, deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City's final payment. Recreation Services Agreement/ Rev. April 2025 Page 2 of 7 9. Assignment. This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions. The words "City of Cupertino" shall 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 under this Agreement, without prior written approval from City. 11. Indemnification. 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 agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and contractors (collectively, "Indemnitees"), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of or in any way related to Contractor's or Contractor's agents performance of this contract or the Services. This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. 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 Contract. This Section 11 shall survive termination of the Agreement. 12. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole discretion, may purchase insurance and deduct the costs from payments to Contractor, or terminate the Agreement. 13. Compliance with Laws and Other City Requirements. Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and other laws that pertain to fair employment and anti -discrimination practices. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations. If Contractor does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff Recreation Services Agreement/ Rev. April 2025 Page 3 of 7 capacity, and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements: A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement. B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D. C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, https://www.cdc. gov/headsup/index.html). D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235. Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant. Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control & Prevention (link cited above). E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual. This contract requires services for children. 14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor's designation and any substitution are subject to City approval. For City: For Contractor: Name: Amanda Hui Name: Lisa Leigh Posthumus Position: Recreation Coordinator Position: Club Manager/Coach Contact: amandah@cupertino.gov Contact: lisa@bayareafencing.club .club 15. Abandonment. City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City. 16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible. Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. Recreation Services Agreement/ Rev. April 2025 Page 4 of 7 17. Governing Law, Venue, and Dispute Resolution. This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City's request, Contractor is required to continue to provide Services pending resolution of any 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 is required to pursue litigation, arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives this Agreement. 19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract. 20. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant, or condition, or a subsequent breach, whether the same or a different character. 21. Entire Agreement. This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other contract or understanding, either oral or written, between the Parties. This Agreement may not be modified or amended except in writing signed by both Parties. If there is any inconsistency between any term, clause, or provision of the main contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main contract shall prevail and be controlling. 22. Inserted Provisions. Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement. 24. Severability/Partial Invalidity. If any contract term or provision, 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 contract terms and provisions and their application to specific situations will remain in full force and effect. 25. Survival. All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Ownership of Materials, Records, Governing Law, and Attorney Fees, will survive the expiration or termination of this Agreement. 26. Notices. All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the Recreation Services Agreement/ Rev. April 2025 Page 5 of 7 date confirmed by a reputable overnight delivery service, on the fifth (5th) 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 Cc: Representative/Coordinator: Amanda Hui Email: amandah@cupertino.gov To Contractor: Bay Area Fencing Club 15445 Los Gatos Ste 100, Los Gatos, CA 95032 Cc: Representative/Coordinator: Lisa Leigh Posthumus Email: lisa@bayareafencing.club 27. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and 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 Recreation Services Agreement/ Rev. April 2025 Page 6 of 7 IN WITNESS WHEREOF, the parties have caused this contract to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Rachelle Sander Director of Parks and Recreation Title Apr 7, 2026 APPROVED AS TO FORM: 7r1� uJ"a MICHAEL K. WOO Senior Assistant City Attorney ATTEST: Lam -ear sapi.iolai LAUREN SAPUDAR City Clerk Date Apr 7, 2026 CONTRACTOR Lisa PosthUmMs By Name Lisa Posthun1US Title Head Coach/Owener Date Apr 7, 2026 Tax I.D. No.: Refer to W9 Recreation Services Agreement/ Rev. April 2025 Page 7 of 7 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide Fencing Instruction in, but not limited to, the following: Fencing classes, clinics, and camps of all levels for ages 6 through 18 Location and Time of CONTRACTOR Services: Refer to the City's Publications for agreed upon dates, times, and locations of a class, camp, activity, program, or service ("class"). The City, at its sole discretion, may change the agreed dates, times and locations of a class, or may cancel a class. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. For a class taught in person, 70% of resident fees, based on final rosters. City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class. Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 4 Maximum: 15 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor. Performance of CONTRACTOR Services: Class Cancellation Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed. In the case Contractor unilaterally cancels performance of a class without City approval, City reserves the right to immediately and without notice cancel the remainder of classes offered and or performed by Contractor. Updated 04/29/25 Registration, Enrollment, and Supervision The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City's Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent or legal guardian has arrived and all minors are released to them. Injury of a Class Participant In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. Updated 04/29/25 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.) LJ 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. P 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). kxh, B Insurance rr Recreation Contracts Updated 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 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. P 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 CC 20 10 (11/85) or both CC 2010 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 Insurancerr Recreation Contracts Updated May 2025 2 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. Exh, B Insurancerr Recreation Contracts Updated May 2025 A#% R CERTIFICATE OF LIABILITY INSURANCE DATE IMMroamYY) 11113!2025 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). PRODUCER CONTACT Jason Rogers NAME: Gallagher Affinity Insurance Services PHONE (866)978-2971 IFAAIC No): ADDRIESS, bsd.sarasota.quotes�7u ajg.com 8430 Enterprise Circle, Suite 200 INSURERS AFFORDING COVERAGE NAIC # Lakewood Ranch, FL 34202 INSURER A; SIR! USPOI NT AMERICA INSURANCE COMPANY 38776 INSURED INSURERB: : INSURER C: United States Fencing Association INSURERD: : 210 USA Cycling Point INSURERE: i Colorado Springs, CC 80919 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CLAIM$. 1LT R LTR TYPE OF INSURANCE 'I'DDL ..0'i.POLICY NUMBER POLICY RFF MMf DIYYY POLICY EXP MM DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE OCCUR DAM AGE TO P ENTED PREMISES lEa occurrence S 1,000,000 MED EXP An one person $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y Y PLH03GL00002024 08/01/2025 08/0112026 GEN'L AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE $ 5,000,000 POLICY ECT ❑ PRO ❑ LOC J PRODUCTS-COMPIOPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY [Per person) $ X ANY AUTO A OWNED AUTOS ONLY SCHEDULED AUTOS Y Y PLH03GL00002024 08/01/2025 08/01/2026 8OOILY INJURY [Per accident) $ PROPERTY DAMAGE IPer accident $ HIRED l NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE N/A DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERSLIABILITY YIN PER 0TH - STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFF I C E RIMEMBER EXC W DED? ❑ NIA {Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes: describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Per Occurrence $1,000,000 A Sexual Abuse Occurrence Limit Sexual Abuse Agggregate Limit Y Y PLH03GL00002024 08/0112025 08/01/2026 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached it more spaces required) Bay Area Fencing Club Beginning Fencing Camp/Clinic 30 Day Notice of Cancellation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino, Its City Council, Officers, Officials, Employees ACCORDANCE WITH THE POLICY PROVISIONS. Agents, Servants and Volunteers AUTHORIZED REPRESENTATIVE 10300 Torre Ave Cupertino, CA 95014 a4.6fl. © 1988 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PLH03GL00002024 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Er.i;1**1'1u4 Name of Person or Organization: City of Cupertino, Its City Council, Officers, Officials, Employees Agents, Servants and Volunteers 10300 Torre Ave Cupertino, CA 95014 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 POLICY NUMBER: PLH03GLO0002024 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 1=_1ii:I�79u.0 Name Of Person(s) Or Organization(s): City of Cupertino, its City Council, Officers, Officials, Employees Agents, Servants and Volunteers 10300 Torre Ave Cupertino, CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:PLH03GL00002024 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT (PRIMARY AND NON-CONTRIBUTORY WHERE REQUIRED UNDER CONTRACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II - WHO IS AN INSURED is amended to include any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy and is fully executed prior to an "occurrence", but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy; or b. The coverage and/or limits required by said contract or agreement. Coverage afforded to these additional insured parties will be primary to, and non-contributory with, any other insurance available to that person or organization where required of you by written contract or written agreement. PH-GL-CW-0057 (04122) Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission. ©2022 SiriusPoint America Insurance Company All Rights Reserved. May not be copied without permission. ADDL INFO ON NEXT PAGE PAGE 11 USAA CASUALTY INSURANCE COMPANY (A Stock Insurance Company) State I 12 veh POUCYNUMBER USAA® 9800 Fredericksburg Road -San Antonio, Texas 78288 X 00522 63 42C C 7101 3 CA I787 CALIFORNIA AUTO POLICY POUCYPERIOD: (12:01 A.M. standard time) RENEWAL DECLARATIONS EFFECTIVE JAN 26 2026 TO JUL 26 2026 (ATTACH TO PREVIOUS POLICY Named Insured and Address LISA LEIGH POSTHUMUS 6940 ELWOOD RD SAN JOSE CA 95120-4733 Description of Vehicle(s) VEH USE• SYM es Week VEH YE TRADE NAME MODEL BODY TYPE MILEAGE IDENTIRCATION NUMBER 12 24 VOLKS TAOS S 4D 7000 3VV8X7B22RM036290 P The e is e s described erein is orincilDally ara e at the above address unless otherwise stated. = re 95120-4'733" VEH 12 SAN JOSE CA This policy provides ONLY those coverages where a premium is shown below. The limits shown may be reduced by policy provisions and may not be combined regardless of the number of vehicles for which a premium is listed unless specifically authorized elsewhere in this poIic. VEH VEH VEH COVERAGES LIMITS OF LIABILITY 12 6 -MONTH ("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM AMOUNT $ MOUNT S MOUNT $ MOUNT S PART A — LIABILITY BODILY INJURY EA PER $ 300,00 EA ACC $ 500,00 132.36 PROPERTY DAMAGE EA ACC $ 100,00 96.49 PART B - MEDICAL PAYMENTS EA PER $ 5,00 9.37 PART C - UNINSURED MOTORISTS BODILY INJURY EA PER $ 300,00 EA ACC $ 500,00 64.03 WAIVER OF COLL DEDUCTIBLE .79 PART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS D 250 155.66 COLLISION LOSS ACV LESS D 500 427.25 VEHICLE TOTAL PREMIUM 885.95 6 MONTH PREMIUM $ 3179.97 PREMIUM DUE AT INCEPTION. THIS I NOT BILL, STATMENT FOI OW. CA FRAUD ASSESSMENT FEE $ 4.40 ADDITIONAL MESSAGE(S) - SEE FOLLOWING PAGE(S) VEH 12 ADDNL INTEREST - CO-OWNER NATHAN ARI MILGRAM, SAN JOSE, CA ENDT A073 APPLIES E12 H RSM1^ nn E l E H E H in WI I NESS VVI.1EREOF, we nave caused this policy to ibe signed oy our President and secretary at an Antonio, I exas, on this date DECEMBER 20, 2025 Tom Eck, Secretary Randy ienneer. President 5000 C 05-12 53383-05-12 ACORI1 CERTIFICATE OF LIABILITY INSURANCE DA7 E { MM7DD7YYYYy 02/20/2026 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). PRODUCER CONTACT NAME: BIBERK AD . 844.472-0967 A No : 203-654-3613 P.O. Box 113247 E-MAIL ADDRESS: customerservice@biBERK.com Stamford, CT 06911 INSURERS AFFORDING COVERAGE NAIC # INSURERA : Berkshire Hathaway DIrect Insurance Company 10391 INSURED INSURER B : Bay Area Fencing Club LLC INSURER C: INSURERD: 15445 Los Gatos Ste 100 INSURERE: Los Gatos, CA 95032 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 POL€CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IAD EFF POLICY R TYPEOF INSURANCE o POLICY NUM fDDIYY LTR LIMITS LTMBER MIDDIYYMP COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 CLAIMS -MADE OCCUR DAMAGE S l RENTED PREMISES Ea occurrencel 0 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 0 $ 0 GEN'L AGGREGATE OMIT APPLIES PER: GENERAL AGGREGATE POLICY PECT LCD PRODUCTS - COMP/OP AGG $ 0 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acciden HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR TJ OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANYPROIMEMB R/PARTNERIEXECUTIVE OFFI CE RIM E M BER EXCLUDED? (Mandatory in NH) NIA' N9WC059405 05/17/2025 05/17/2026 x PER OTH. STATUTE ER E. L. EACH ACCIDENT $1,000,000 E. L. DISEASE- EA EMPLOYEE 81,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below $ 1,000,000 E.L. DISEASE- POLICY LIMIT Professional Liability (Errors & Per Occurrence/ Omissions): Claims -Made Aggregate DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IT more space is required) Policy #N9WC059405 contains a blanket Waiver of Subrogation therefore the insurer agrees to waive its right to recover from the certificate holder to the extent required by written contract. Exclusions: Chunyi Zhang; Junhua Wang; Notice of Cancellation will be delivered in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION City of Cupertino, Its City Council, Officers, Officials 10300 Torre Ave 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 REPRESENTATIVE 6, O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Worker's Compensation and Employer's Liability Policy Berkshire Hathaway Direct Insurance Company - A Stock Co. Policy Number N9WC059405 Renewal of N9WC687842 NCCI No. [117541. Policy Information Page [1]Named Insured and Mailing Address Bay Area Fencing Club LLC 15445 Los Gatos Ste 100 Los Gatos, CA 95032 Federal Employer's ID XX-XXX5826 Agency BIBERK P.O. Box 113247 Stamford, CT 05911 Agency Code: PANBPG57 Insured is Limited Liability Co. [LLC] Business Description Sports Performance Or Player Development [2] Policy Period From May 17, 2025 to May 17, 2026, 12:01 AM, standard time at the insured's mailing address. [3] Coverage A. Workers' Compensation Insurance - Part One of this policy applies to the Workers' Compensation Law of the following states: California B. Employer's Liability Insurance - Part Two of this policy applies to work in each of the states listed in item [3]A. The limits of our liability under Part Two are: Bodily Injury by Accident - each accident $1,000,000 Bodily Injury by Disease - each employee $1,000,000 Bodily Injury by Disease - policy limit $1,000,000 Other States Insurance - Part Three of this policy applies to states other than New York, North Dakota, Ohio, Washington, and Wyoming. C. Other States Insurance - Part Three of this policy also does not apply to states listed in part [3]A. D. This policy includes these endorsements and schedules: See Extension of Information Page - Schedule of Forms - WC 040004 [4] Premium The Premium Basis and, therefore, the premium will be determined by our Manual of Rules, Classifications, Rates, and Rating Plans. All required information is subject to verification and change by audit. (Continued on another page) Total Estimated Policy Premium $ 6,454 Total Surcharges/Assessments $ 392.00 Total Estimated Cost 6,846.00 INTERNAL USE WR Page - 1 - Information Page MGA : N9WC059405 WC 000001A Date 05/16/2025 Issuing Office: 100 First Stamford Place, PO Box 113247, Stamford, CT 06911-3247 ■ www.biBERK.com Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 1.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver - Any person or organization for whom the All CA Operations 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 Insured Policy No. N9WC059405 Insurance Company Countersigned By Endorsement No. t1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. WORKERS COMPENSATEON ANI7 EMPLOYERS LIABILITY INStJRArNCE POLICY VIC 04 06 (11 6 (Ed'. 01-22) CALIFORNIA CANCELATION EN[JDRSEMENT This andors*rnAat applies only to U irlsurar r pmviced by II 're p' y bataucA Calilnrrda A sh im Iii Item 3A. of the lnforrr,ali❑n Flage. The cancelaUon condition in Part Six [Conditions) of the policy is rspfaced -by these condIUorrs: Cancalallon: 1. You mAy carrot this policy. You muss Mail od deliver AdYAr1Ca4 written notice to uS stAlarlg V41&1 the caret AUon is to Irk& effect 2_ WA rn + i ari I th s pal Syr for ❑na er mere et Ih& felfAwing reaseh5 A. Ni-p3yreAnt r pfAr iim: b. F'ailurstc report parr iR; c. Failure to permit us to audit payroll ms :req.uired by the terms of Vii s policy oar of a pTAvious poiicp i ud by us.. d. Failurrt to pay any additional prAm iuru resulting hem an aura a pay;rell rAquiri3d by II ti& IIArm el this polity Or any previous pollcW Issued by us; e. Material mkvApeasentation made by you or your agent; I. Pallor& td tciep §rate with us In 1h& ihvestlgatlon era rfalm: g. MateridI laiIuft& to dompiy wiTh federaI or slate dalety oh1&te or written reo&nnWdafrona of our tlesegnated fry donlroI reprasentalives; h The eetltfrehtis bra mAtanal rharrge in th& ewnArshrp of your business: t.. TtlA ettwfor%ti3 erany Chang& in your brrsinANA of 6perAtion that rridlAnatly irrtrigAM A.IIh& 11&LAIrl for rruority or severity of loss: J_ The oe ranee orany change in your bu ar operation that requires additiorial or differAnI dassifeatirrn Ier 1premium taIOulatkan: I. The occurrence orany change in your business or operation wwhmch contemplates an awbwlly excluded by our reinsurance tMaIJAs_ 3. II wL cArltM yeur policy for Any of rlie re l In tAd in �&) tllmugh rif), we wIFI gbm you 1 d days. AdvarliA wm[Ar rletitt. slating when the canoeIalion is to lake effect. Mailing that notire to you at your m411ng adrtress shown In Item 1 of the Ihterrnalieri PMe wiI1 t50 srfffiti�ent. In prnvA no1icA. I w& cAnft l ytdpalIor rer any rat CIA rAAMhA Ir5ted irr llenls {g)11°rrAutjh (k), we wII:I we you 30 days advances 3wntlen notice; however, we agree that in the event ancelatIon and relA&uarrte oI a potkcy affective upon a nlalaital r tiange in awnarship or operati }n5, notice will rwt be pravded. 4.. II wit Mail the norrre In y6u, tie statAd {lArrds of neli.ta and your rufjht to ramAdy the tohdiuen wiII bA ex6Arlded by 5 d&y5 iI the place or mailing and your mail! ng address Is within Calilernia, i0 days If the place ar mailing flu your mailing address Is ouMe of CaIikrnia Arid 2a days ithe place of rriaiIing or your mailing address is outside olf tFU sited states. 5_ The lnIityperiod wrl I and en the day and hour stAtRd Iii tmA cancAlAtidn notce. This endarsement changes Me palicy to winch II ittrd and rs eft'eclive an the date issued unless alharwise staked. The Indormallfln below ie required only when ur19 endorsement is 199ired eubsequent t>o preparelicn of Itra policy.] Endorseme:rtit Effs:t;re Palloy N o. N9WC891214 Endorsement No. Ir49urai us' -:e Compare CounLersigned By WC 04 06 01 0 (E.d. 01-221 I)cclaratiolis NOTICE: THIS POUCY IS A CLAIMS MADE AND REPORTED POUCY AND APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POUCY PERIOD AND REPORTED IN WRITING TO THE INSURANCE COMPANY IN ACCORDANCE WITH THE TERMS OF THIS POLICY. AMOUNTS INCURRED AS DEFENSE COSTS WILL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTION. PLEASE REVIEW THE COVERAGE PROVIDED UNDER THIS POLICY CAREFULLY AND DISCUSS WITH YOUR INSURANCE AGENT OR BROKER. These Declarations along with the application, and the Policy with endorsements shall constitute the contract between the insured and the insurance company. Policy Number: \IR2,5 1.153 Unique Market Reference: 1105) 7 211 R 2. i 1153 Renewal of M1121115,3 Named Insured: Mamie: City• of Cupertino - Parks and Recrcation 1)cpartutcnt, Public Works 1)cpartmcnt Address: 10300 'Torre Avcuuc, Ci ipertino, ('A OSt)1 1 Policy Period: Front: 1 st july 2025 To: l st July 202(1 Roth days at 12:01 ant. Local Time at the Address specified above Limit of Liability: a) i.'S1) :1,000,00() in time aggregate during- tin. policy period for all claims brought by or on behalf of each victim, and b) i.'S! 5,000,00() in the aggregate during the policy period for all claims brought by or on behalf of all victims and separately: c) USl) 7:1,000 in the :t;gregatc• during the policy period for all safeguard costs resulting from all circumstances Such Limit of liability shall be in addition to the overall Limit of Liability stated in a) and b) above. Retention: [Si) 35,00() each Victim Optional Extension Period: 12 months Additional premium of 100% of the annual premium plus applicable taxes, provided no claims and/or circumstances have been reported to the insurance company. In the eventany claims and/or circumstances have been reported to the insurance company, the additional premium for the 12 month optional extension period will be determined by the insurance company at the time this Policy is not renewed or replaced by the insurance company Premium: IJSD 45,000 (annual) plus applicable taxes Notification pursuant to Clause IX. Shall be given to: 13eazlcy Group Attn: Clainms Group 65 Memorial Road, Suite 320, West Hartford Connecticut 06107, United States of America. claims@beavley.com or Other Notices: To report a circumstance under the Safeguard Additional Coverage, Call +1 844 285 4700 where a service representative will be available 24 hours a day, seven days a week Retroactive Date: 1.,[ .JlI1V 2018 Pending or Prior Litigation Date: l.st.lul\- 2f11 Service of Suit: Service of process in any suit shall be made upon: Lloyd's America, Inc. Attention: Legal Department 280 Park Avenue, East Tower, 25th Floor New York, NY 10017 Governing Law: New York 4 This contract is subject to US state surplus lines requirements. It is the responsibility of the surplus lines broker to affix a surplus lines notice to the contract document before it is provided to the insured. In the event that the surplus lines notice is riot affixed to the contract document the insured should contact the surplus lines broker. Dated in London: 1 1" July 2025 Authorised Sigrianu-c Tysers (Correspondent) EXHIBIT D Contractor's Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of Bay Area Fencing Club; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that Bay Area Fencing Club has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor's employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq. 4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5. That a complete and accurate list of Contractor's employees, who may come in contact with minors during the course and scope of the Agreement, are included below. 6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of all Contractor Employees working for the City (if no Employees, identify "self"): See attached list of employees. 8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR Lisa Posth ,wn s By Name Lisa Posthumus Title Head Coach/Owener Date Apr 7, 2026 Updated 6/23/21 List of all Contractor Employees working for the City of Cupertino (if no Employees, identify "self"): Lisa Leigh Posthumus Nathan Ari Milgram Fencing Instruction Final Audit Report 2026-04-08 Created: 2026-03-18 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAA3LiunKcNM LRlzxwh3Hu-7tQcTWNn Au "Fencing Instruction" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-03-18 - 8:39:42 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-03-18 - 8:42:28 PM GMT Email viewed by aracelia@cupertino.org 2026-03-18 - 8:42:35 PM GMT- IP address: 3.86.146.11 Document approval delegated to Araceli Alejandre (AraceliA@cupertino.gov) by aracelia@cupertino.org 2026-03-18 - 9:52:49 PM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (AraceliA@cupertino.gov) Approval Date: 2026-03-18 - 9:55:36 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to lisa@bayareafencing.club for signature 2026-03-18 - 9:55:39 PM GMT Email viewed by lisa@bayareafencing.club 2026-03-18 - 9:55:45 PM GMT- IP address: 74.125.209.136 Email viewed by lisa@bayareafencing.club 2026-03-30 - 2:17:59 PM GMT- IP address: 74.125.209.135 Webmaster Admin (webmaster@cupertino.org) added alternate signer nathan@bayareafencing.club. The original signer lisa@bayareafencing.club can still sign. 2026-04-07 - 3:09:01 PM GMT- IP address: 64.165.34.3 Document emailed to nathan@bayareafencing.club for signature 2026-04-07 - 3:09:01 PM GMT Email viewed by nathan@bayareafencing.club 2026-04-07 - 3:09:10 PM GMT- IP address: 74.125.209.133 Powered by Adobe c�rerrrinv Acrobat Sign y New document URL requested by lisa@bayareafencing.club 2026-04-07 - 8:30:59 PM GMT- IP address: 73.162.89.184 dp Signer lisa@bayareafencing.club entered name at signing as Lisa Posthumus 2026-04-07 - 8:32:15 PM GMT- IP address: 73.162.89.184 do Document e -signed by Lisa Posthumus (lisa@bayareafencing.club) Signature Date: 2026-04-07 - 8:32:17 PM GMT - Time Source: server- IP address: 73.162.89.184 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2026-04-07 - 8:32:20 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2026-04-07 - 8:33:10 PM GMT- IP address: 100.53.239.34 d4 Document e -signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2026-04-08 - 0:56:47 AM GMT - Time Source: server- IP address: 98.33.114.31 Document emailed to rachelles@cupertino.org for signature 2026-04-08 - 0:57:01 AM GMT Email viewed by rachelles@cupertino.org 2026-04-08 - 0:57:07 AM GMT- IP address: 54.160.77.145 Signer rachelles@cupertino.org entered name at signing as Rachelle Sander 2026-04-08 - 1:02:16 AM GMT- IF address: 98.51.212.207 d4 Document e -signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2026-04-08 - 1:02:18 AM GMT - Time Source: server- IP address: 98.51.212.207 Document emailed to Lauren Sapudar (laurens@cupertino.org) for signature 2026-04-08 - 1:02:21 AM GMT Email viewed by Lauren Sapudar (laurens@cupertino.org) 2026-04-08 - 1:03:07 AM GMT- IF address: 54.173.199.160 Document e -signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-04-08 - 1:05:52 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2026-04-08 - 1:05:52 AM GMT Powered by Adobe c�rerrrinv Acrobat Sign