Loading...
HomeMy WebLinkAbout26-091 Pyro Spectaculars North, Inc. for Public Fireworks Displays 2026CITY OF CUPERTINO RECREATION SERVICES AGREEMENT No. FY2025 - 2026 1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation ("City"), and Pyro Spectaculars North, Inc. ("Contractor"), a California Corporation for Public Fireworks Displays and is effective on the last date signed below ("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 07/05/2026 ("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 $46,250.00 ("Contract Price"), based upon the Scope of Services, budget, 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. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 1 of 12 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. Proprietary Rights. Contractor represents and warrants that it owns all copyrights, including performance rights, to this Production, except that Contractor does not own City -owned material or third -party -owned material that has been included in the Production, and as to such City - owned and third -party -owned material, City assumes full responsibility therefore. City agrees that Contractor shall retain ownership of, and all copyrights and other rights to, the Production, except that Contractor shall not acquire or retain any ownership or other rights in or to City -owned material and third -party -owned material and shall not be responsible in any way for such material. Contractor reserves the ownership rights in its trade names that are used in or are a product of the Production. Contractor grants to City the non-exclusive right to make and use recordings and photographs of the Production and to create and use pictures, and other reproductions of the Production in all media known and unknown throughout the universe in perpetuity without any additional compensation to Contractor. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 2 of 12 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. 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. Contractor represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, Contractor shall indemnify, hold harmless, and defend City and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Contractor, their officers, agents, contractors, providers, or employees. City shall indemnify, hold harmless, and defend Contractor from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of City, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party. 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. 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 VIl 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, Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 3 of 12 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 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/headsul2/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. 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: Name: Sonya Lee Position: Recreation Manager Contact: sonyal@cupertino.gov For Contractor: Name: Pat Dyas Position: Show Producer Contact: pdyas@pyrospec.com 15. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible. If City chooses to terminate this Agreement, City agrees Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 4 of 12 to pay to Contractor, as liquidated damages, the following percentages of the Fee as set forth in paragraph 4 and Exhibit A. 1) 50% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event City cancels the Production, it will be impractical or extremely difficult to fix actual amount of Contractor's damages. The foregoing represents a reasonable estimate of the damages Contractor will suffer if City cancels the Production. 16. 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. 17. 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 17 survives this Agreement. 18. Third Party Beneficiaries. There are no third -party beneficiaries under this Contract. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 5 of 12 24. 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. 25. 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 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: Sonya Lee Email: To Contractor: Pyro Spectaculars North, Inc. 5301 Lang Ave, McClellan, CA 95652 Cc: Representative/Coordinator: Gary E. Brown Email: com 26. 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 Next Page Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 6 of 12 IN WITNESS WHEREOF, the parties have caused this contract to be executed. CITY OF CUPERTINO A Municipal Corporation Rachelle sander By Name Rachelle Sander Title Director of Parks and Recreation T . 06/13/2026 APPROVED AS TO FORM: M,6c� K 'W ov- MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR City Clerk Date 06/15/2026 CONTRACTOR Pyro Spectaculars North, Inc. Name Matthew Gillfillan C Title Vice President Date 6/5/26 Tax I.D. No.: Refer to W9 Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 7 of 12 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide Public Fireworks Displays in, but not limited to, the following: 4th of July Fireworks Display and Coordination Meetings Prior to Event Location and Time of CONTRACTOR Services: 1. Attend coordination meetings as required by the City either virtually or at the Quinlan Community Center, 10185 North Stelling Road, Cupertino, CA 95014; 2. Provide Fireworks display at Hyde Middle School, 19325 Bollinger Road, Cupertino, CA 95014 on July 4, 2026, at approximately 9:30 p.m. Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. Compensation shall consist of the following: The City will pay Pyro Spectaculars North, Inc. a total of $46,250 (Forty Six Thousand Two Hundred and Fifty Dollars), $22,825 (Twenty Two Thousand Eight Hundred and Twenty Five Dollars) of the fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at $600, OR an amount to be determined, for a total of $23,425 (Twenty Three Thousand Four Hundred and Twenty Five Dollars) as a deposit upon the execution of this agreement by both parties but no later than May 20, 2026. The remaining balance shall be paid no later than July 15, 2026. List of all Contractor Employees working for the City of Cupertino (if no Employees, identify "self"): Donald Groshart Laury Smith Laura Richardson Zachary Carr Paul Hand Alan Koczorowski Amy Greever * List is preliminary and subject to revision on the day of the event. Performance of CONTRACTOR Services: The CONTRACTOR will provide all pyrotechnic equipment, trained pyro technicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by City) relating to the production, insurance covering the production (limits below) and the other things on its part to be performed as more specifically set forth below in this agreement and in this scope of work ("SCOPE OF WORK"), herein by this reference, and made a part of this agreement as though set forth fully herein. • One Pyro Spectaculars North, Inc., production on July 4, 2026, at approximately 9:30 p.m. at Hyde Middle School, 19325 Bollinger Road, Cupertino, CA 95014 • All pyrotechnic equipment, trained pyro technicians, shipping, and pyrotechnic products. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 8 of 12 • Application for specific pyrotechnic permits relating to the production. • The fireworks display will include: Opening 3" Souza Designer Opening Salutes Quantity - 60 Main Body - Aerial Shells Grand Finale 3" Souza Designer Selections Quantity - 800 3" Souza Designer Bombardment Shells Quantity - 240 • The show is expected to last between 18 to 20 minutes. Performance of CITY Services: The City will provide: A suitable site ("site") for the production, security for the site, access to the site, any permissions necessary to utilize the site for the production, and the other things on its part to be performed as more specifically set forth below in this agreement and in the scope of work. All site arrangements are subject to Contractor's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the site shall be the responsibility of City, including, but not limited to, parking and general safety with respect to the public, city personnel and other contractors. In addition, City shall: • Provide all on -site labors costs, if any, not provided or performed by contractor personnel including, but no limited to, all site security, police and fire dept. standby personnel, and clean-up crew. • Coordinate any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within the production. • Be responsible for costs of all permits required for the presentation of the production and the event as a whole. • Provide a safety zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the site or the load site (if different) on the date of the production and all set-up and load -out dates. • Provide general services including, but not limited to, site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for contractor personnel within the venue, secure parking for contractor vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 9 of 12 EXHIBIT B INSURANCE REQUIREMENTS PROFESSIONAL/CONSULTING SERVICES CONTRACTS Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $5,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. 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 be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least 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 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 and non-contributory 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 $5,000,000 per accident for bodily injury and property damage. 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 per occurrence for bodily injury or disease. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Contractor's profession, with limits no less than $1,000,000 per occurrence or $1,000,000 aggregate. If written on a claims made 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 Contractor must purchase "extended reporting' coverage for a minimum of five (5) years after completion of the Services. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 10 of 12 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, and Hyde Middle School, Cupertino Union School District, Santa Clara County Fire Department, County of Santa Clara their officers, agents, and employees ("Additional Insureds') are to be covered as additional insureds on Contractor's CGL policy. General Liability coverage can be provided in the form of an endorsement to Contractor's insurance (at least as broad as ISO Form CG 2010 (11/ 85) or both CG 2010 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 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 the Workers' Compensation policies shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents 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 int 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 mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 11 of 12 Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subcontractor's insurance policies. Higher Insurance Limits If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Contractor. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Public Fireworks Display 2026 Recreation Services Agreement/ Rev. April 2025 Page 12 of 12 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 04/17/2026 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 Trevor Thomas NAME: Brown & Brown Insurance Services, Inc. PAHONri Ext : (816) 474-3535 aC, No E-MAIL trevor.thomas@bbrown.com ADDRESS: 1200 Main Street, Suite 2310 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Scottsdale Insurance Company 41297 Kansas City MO 64105 INSURED INSURER B : Concert Specialty Insurance Company 17151 INSURER C : Arch Specialty Insurance Company 21199 Pyro Spectaculars North, Inc. INSURER D : Continental Indemnity Company 28258 INSURER E : Landmark American Insurance Company 33138 5301 Lang Avenue INSURER F : McClellan CA 95652 COVERAGES CERTIFICATE NUMBER: PSNI GL/AL/WC/XS4 26/27 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 CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREM SES Ea oNcE ante $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y CPS8408954 04/02/2026 02/01/2027 LAGGREGATE LIMIT APPLIES PERGENERAL AGGREGATE $2,000,000 POLICY ❑ PRO FXLOC JECT: MOTHER PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO B OWNED �/ SCHEDULED AUTOS ONLY /e AUTOS Y Y CSA80000000669-00 03/04/2026 02/01/2027 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE$ Per accident HIRED MNON-OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 C EXCESS LAB CLAIMS -MADE Y Y UXP0057894-11 04/02/2026 02/01/2027 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) N/A Y 37-525906-04-05 10/01/2025 10/01/2026 PER STATUTE ERH X1 E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ E Excess Liability LHA612268 04/02/2026 02/01/2027 Each Occurence Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation Policy States: CA, MO, MT, NY, OR, UT The City of Cupertino and Quinlan Center are included as additional insured with respect to the General Liability, Auto Liability, and Umbrella Liability policies when required by written contract. Waiver of subrogation applies with respect to the General Liability, Auto Liability, Umbrella Liability, and Workers Compensation policies when required by written contract. Coverage is primary and non-contributory. 30 day notice of cancellation applies. All coverages are subject to the terms & conditions within the policy forms. 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 ACCORDANCE WITH THE POLICY PROVISIONS. Quinlan Center AUTHORIZED REPRESENTATIVE 10185 N. Stelling Road Cupertino CA 95014��.--- / @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 'A' SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS8408954 04/02/2026 INGRAM ENTERPRISES, INC AND AFFILIATES 05025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II —WHO IS AN INSURED is amended to include as an additional in- sured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." The insurance provided to these additional insureds is lim- ited as follows: 1. That person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to item 2. Exclusions of SECTION (— COVERAGES: This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or b. That portion of "your work" out of which the in- jury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. 3. The limits of insurance applicable to the additional insured are those specified in the written contract, written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declara- tions for this policy. 4. Coverage is not provided for "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engi- neering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a written contract specifically requires that this insur- ance be primary. When this insurance is excess, we will have no du- ty under SECTION I —COVERAGES to defend the additional insured against any "suit" if any other in- surer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other Insurers. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL AUTO CTCA2005 1116 CSA80000000669-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED COVERAGE REQUIRED BY INSURED CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following are added as "insureds" under Covered Autos Liability Coverage, Who is an Insured: d. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance, or use of a covered auto if: 1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: a) an expressed provision of an insured contract or written agreement; or b) an expressed condition of a written permit issued to you by a governmental or public authority. 2) The bodily injury or property damage is caused by an accident which takes place after: a) you executed the insured contract or written agreement; or b) the permit has been issued to you. CTCA2005 1116 Insurance Company, 2020 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: CSA80000000669-00 COMMERCIAL AUTO CA04441013 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: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Ingram Enterprises Inc Endorsement Effective Date: 05/19/2026 SCHEDULE Name(s) Of Person(s) Or Organization(s): city of Cupertino, its City Council, officers, officials, employees, agents and volunteers 650 Merchant Street Cupertino, CA 95688 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 WC000313 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. ( ) Specific Waiver Person or Organization Job Description 2. (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 10/01/25 Policy No. 37-525906-04-05 Endorsement No. 30 Insured Pyro Spectaculars Premium 2, 500.00 Insurance Company Countersigned By Continental Indemnity Company (Ed. 4-84) © 1983 National Council on Compensation Insurance. CERTIFICATE NO.: CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. City of Cupertino, Its City Council, Officers, Officials, P O Box 744963 Employees, Agents, Servants and Volunteers Los Angeles, CA 90074-4963 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: City of Cupertino TYPE: 4th of July Fireworks Display 2026 10300 Torre Ave DATE(S): July 3, 4, 2026 Cupertino, CA 95014 LOCATION: Hyde Middle School, Miller Ave, Sedewick Elementary, Creekside Park and West Valley Presbyterian Church *Liquor Liability Yes ❑ No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER MKLV7PBC002230 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2026 EXPIRATION: JANUARY 1, 2027 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$2,000,000 ® $2,000,000/$4,000,000 Damage To Property (If purchased) Waiver of Subrogation (If Purchased) X Yes No The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS West Valley Presbyterian Church Cupertino Union School District CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. �tvtt �0 AUTHORIZED REPRESENTATIVE: DATE ISSUED: 111 FORM NUMBER MJIL 1000 08 10 MPIL 1007 01 20 MPIL 1039-CA 01 20 MPIL 1041 02 20 MPIL 1083 04 15 MDIL 1001 08 11 IL 00 21 09 08 MEIL 1231 10 13 MDGL 1008 08 11 BC CG 00 01 04 13 CG 02 24 10 93 CG 20 01 04 13 CG 20 11 04 13 CG 20 26 04 13 CG 21 33 11 85 CG 21 47 12 07 CG 21 58 04 13 CG 21 70 01 15 CG 21 76 01 15 CG 21 96 03 05 IL001711 98 MEGL 0241 05 16 MEGL 1639 08 14 MEGL 2300 11 19 MEGL 2322 05 21 MEGL 5300 05 16 MEGL 5302 05 16 MEGL 5303 05 16 MEIL 1200-CA 02 23 MEIL 1225 10 11 MEIL 1251 10 21 MGL 1319 01 16 MGL 1356 10 20 MIL 1214 09 17 IL 12 01 11 85 MDIL 1000-CA 08 11 POLICY NUMBER: MKLV7PBC002230 EVANSTON INSURANCE COMPANY FORMS SCHEDULE FORM NAME Policy Jacket/Signature Page Privacy Notice California Surplus Lines Notice (D-2) How To Report A Claim U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC") Advisory Notice To Policyholders Forms Schedule Nuclear Energy Liability Exclusion Endorsement GD Minimum Earned Premium And Minimum Retained Premium Commercial General Liability Coverage Part Declarations Commercial General Liability Coverage Form Earlier Notices of Cancellation Provided By Us Primary & Noncontributory - Other Ins Condition Additional Insured -Managers or Lessors of Premises Additional Insured - Desg Person or Organization Exclusion - Designated Products Employment Related Practices Exclusion Exclusion - Professional Veterinarian Services Cap on Losses From Certified Acts of Terrorism Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism Silica Or Silica -Related Dust Exclusion Common Policy Conditions ESX Waiver Of Transfer of Rights Against Others to Us Excl - Aircraft and Hot Air Balloon Rides, Demos & Exclusion - Marijuana Exclusion - Communicable Disease Exclusion -Organic Pathogen And Legionellae Exclusion - Asbestos Exclusion - Lead Service Of Suit - California Changes - Civil Union Two Or More Coverage Forms or Policies Exclusion - Unmanned Aircraft Exclusion - Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data Trade or Economic Sanctions Policy Changes - for CA Common Policy Declarations MDIL 1001 08 11 Page 1 of 2 MEGL 0205 01 24 Abuse, Molestation, Or Exploitation Coverage -Defense Costs Within Limits MEGL 1638 11 19 Concert or Performance Exclusions and Limitations MEGL 1640 08 14 Exclusion - Aircraft and Watercraft Liability Assumed Under An Insured Contract MEGL 1641 05 16 Exclusion - Amusement Devices and Rides MEGL 1642 10 14 Exclusion - Boxing, Wrestling and Contact Martial Arts MEGL 1643 08 14 Exclusion - Entertainers, Participants and Equipment MEGL 1644 08 14 Exclusion - Fireworks, Pyrotechnics and Flashboxes MEGL 1645 08 14 Exclusion - Motorized Sporting Events MEGL 1646 08 14 Exclusion - Professional Sporting Events MEGL 1647 08 14 Exclusion - Rodeos and Roping Events MEGL 1664 08 15 Exclusion - Obstacle Course Races and Mud Runs MEGL 1851 08 14 Additional Insured - Concessionaires, Exhibitors and vendors MEGL 1852 08 14 Aggregate Limit of Insurance MEGL 1853 10 14 Broadened Insurance MEGL 1854 08 14 Damage to Property Coverage MEGL 1855 08 14 Liquor Liability Coverage MEGL 1856 10 14 Premium Reporting MEGL 1857 11 17 Primary and Noncontributing Insurance MEGL 2632 01 24 Exclusion -Abuse, Molestation, Or Exploitation MDIL 1001 08 11 Page 2 of 2 POLICY NUMBER: MKLV7PBC002230 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, and Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 26 04 13 ,5 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MKLV7PBC002230 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Waiver is provided to a state or municipal public entity when required for an individual "Tenant/User Event" or "Instructor/Recreation Event", and when this waver has been elected and purchased for that individual event. A "Tenant/User Event' is an event that is held or sponsored by companies, organizations, or individuals that have been permitted to use your premises. An "Instructor/Recreation Event' is an event that is instructional to its participants. Instructors are not employees of the public entity, but provide instructional services for a fee. Additional Premium: $150 per Tenant/User or Instructor/Recreation Event The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule of this endorsement with respect to written contracts that exist between you and such person or organization, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. MEGL 0241 5 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 POLICY NUMBER: MKLV7PBC002230 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 CG 02 24 10 93 City of Cupertino - Public Fireworks Display 2026 Final Audit Report Created: 2026-06-12 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAN7N85OHpcZy8gZC-TYjW6LIpdGXxlrzR 2026-06-15 "City of Cupertino - Public Fireworks Display 2026" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-06-12 - 10:12:50 PM GMT- IP address: 35.229.54.2 Icy Document emailed to aracelia@cupertino.org for approval 2026-06-12 - 10:16:30 PM GMT Email viewed by aracelia@cupertino.org 2026-06-12 - 10:16:37 PM GMT- IP address: 98.93.221.223 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-06-13 - 0:23:03 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-06-13 - 0:23:05 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to michaelw@cupertino.org for signature 2026-06-13 - 0:23:08 AM GMT Email viewed by michaelw@cupertino.org 2026-06-13 - 0:23:16 AM GMT- IP address: 18.209.223.207 d4 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-06-13 - 0:29:13 AM GMT- IP address: 98.33.114.31 i�p Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-06-13 - 0:29:15 AM GMT - Time Source: server- IP address: 98.33.114.31 - Signature Appearance Selected: TYPE Document emailed to rachelles@cupertino.org for signature 2026-06-13 - 0:29:17 AM GMT Powered by a �Adobe cvrLr Ihv Acrobat Sign Email viewed by rachelles@cupertino.org 2026-06-13 - 0:29:26 AM GMT- IP address: 100.57.161.9 dp Signer rachelles@cupertino.org entered name at signing as Rachelle Sander 2026-06-13 - 2:06:42 PM GMT- IP address: 174.194.130.71 Document e-signed by Rachelle Sander (rachelles@cupertino.org) Signature Date: 2026-06-13 - 2:06:44 PM GMT - Time Source: server- IP address: 174.194.130.71 - Signature Appearance Selected: MOBILE —TYPE Document emailed to laurens@cupertino.org for signature 2026-06-13 - 2:06:46 PM GMT Email viewed by laurens@cupertino.org 2026-06-13 - 2:06:55 PM GMT- IP address: 3.230.159.26 040Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-06-15 - 3:53:37 PM GMT- IP address: 64.165.34.3 d"a Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-06-15 - 3:53:39 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-06-15 - 3:53:39 PM GMT Powered by FM- I � Adobe cvrLr Ihv Acrobat Sign