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HomeMy WebLinkAbout21-042 All City Management Services_Amendment #2 dated 7-2-26 for Crossing Guard Services at Various School Locations in Cupertino1 SECOND AMENDMENT TO AGREEMENT 311 BETWEEN THE CITY OF CUPERTINO AND ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICES AT VARIOUS SCHOOL LOCATIONS IN CUPERTINO This Second Amendment to Agreement 311 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and All City Management Services, a Corporation (“Contractor”) whose address is PO Box 847436, Los Angeles, CA 90084-7436, and is made with reference to the following: RECITALS: A. On August 05, 2021 Agreement 311 was entered into by and between City and Contractor for Crossing Guard Services at Various School Locations in Cupertino. B. The City and the Consultant entered into a First Amendment to Agreement for Crossing Guard Services (“First Amended Agreement”) effective July 30, 2024, with a term expiring on June 30, 2026; and C. The Agreement, First Amended Agreement, and this Second Amendment to the Agreement are collectively referred to as the “Agreement” unless otherwise indicated. D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: Services. Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-2. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. Exhibit A-1 of the Agreement is replaced with a new Exhibit A-2 attached hereto. 2. Paragraph 3.1 of the Agreement is modified to read as follows: Time of Performance This Agreement begins on the Effective Date and ends on June 30, 2028 (“Contract Time”) unless terminated earlier as provided herein. Contractor’s Services shall begin at the start of the Fall 2026 – 2027 school session and shall be completed by the conclusion of the 2027-2028 school session. 2 3. Paragraph 3.2 of the Agreement is modified to read as follows: Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance. Exhibit B-1 of the Agreement is replaced with a new Exhibit B-2 attached hereto. 4. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $2,548,879.04 (“Contract Price”), based upon the scope of services in Exhibit A-2 and the budget and rates included in Exhibit C-2, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Exhibit C-1 of the Agreement is replaced with a new Exhibit C-2 attached hereto. 5. Paragraph 12 of the Agreement is modified to read as follows: Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. Exhibit D of the Agreement is replaced with a new Exhibit D-1 attached hereto. 6. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 3 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date ALL CITY MANAGEMENT SERVICES By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Agreement 2022-140 903,879.04 Amendment 1 Increase Funding, Extend Term to 6/30/2026 $785.000.00 Amendment 2 Increase Funding, Extend Term to 6/30/2028 $860,000.00 TOTAL NTE $2,548,879.04 Demetra Farwell 06/30/2026 Michael K Woo Tina Kapoor City Manager 07/02/2026 Lauren Sapudar 07/02/2026 EXHIBIT A-2 ACMS Scope of Services 1. All City Management Services, Inc. will handle the Crossing Guard services for the City of Cupertino for two years, consisting of the 2026/2027 and 2027/2028 school sessions beginning on or around August, 2026 and ending on or around June, 2028. 2. ACMS will provide sixteen (16) personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Cupertino. 3. Crossing Guard Services shall be provided by ACMS at designated locations, identified by City of Cupertino and ACMS shall provide coverage at the school crossings as required. ACMS shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel. 4. ACMS and all persons who are employed for assignment to this contract shall undergo background checks to ensure they have not been convicted of any offense involving moral turpitude, a felony for violent crimes, or a felony for crimes against children. ACMS understands no one registered as a sex offender or narcotics offender will be hired as a crossing guard. 5. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. 6. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. 7. ACMS understands that all crossing guards shall also receive training pertaining to general traffic safety for pedestrians, motorists and themselves while serving as Crossing Guards. After completion of training ACMS will provide the City of Cupertino certificates of training that are signed and dated by the employee that received training and signed by the ACMS designated Trainer. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. EXHIBIT A-2 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. 10. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 11. ACMS shall monitor, supervise, and assure the safety of all school children who utilize intersections and crosswalks while moving to and from school zones. 12. ACMS Crossing Guards will report to the Police Department the license plate numbers of motor vehicles who violate traffic laws or Crossing Guard instructions. 13. ACMS shall establish a liaison with the school district(s) to monitor changes in school schedules. 14. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call-out procedures and this information shall be included in proposal. 15. ACMS shall one month prior to the start of the school year and each school year thereafter coordinate with the City’s Safe Routes to School Coordinator to determine whether there are any changes to the bell schedules for any of the schools served under this contract. EXHIBIT B-2 and C-2 Crossing Guard Fee Schedule Year 1 – July 1, 2026 – June 30, 2027 Hourly billing rate: $42.70 per hour, per crossing guard NTE $420,000.00 Per California State Labor Law pertaining to Split Shift Differential, an additional one hour of compensation will be provided per guard, per day. Guards will receive minimum 3.0 hour billing per day, inclusive of the additional one hour split shift compensation. Year 2 – July 1, 2027 – June 30, 2028 Hourly billing rate: $44.20 per hour, per crossing guard NTE $440,000.00 Per California State Labor Law pertaining to Split Shift Differential, an additional one hour of compensation will be provided per guard, per day. Guards will receive minimum 3.0 hour billing per day, inclusive of the additional one hour split shift compensation. Exh. D - Insurance Requirements for Services and Activities Involving Children 1 Version: May 2025 Contractor shall procure 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. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under 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.Sexual Abuse/Molestation insurance is required for contracts involving minors or vulnerable populations in after school activities, recreational programs, athletics, studies, and transportation of students. 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 in an amount of not less than $2,000,000 per occurrence and $4,000,000 aggregate. 3.Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) 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 each accident for bodily injury and property damage. (Note – required only if auto is used in performance of work; otherwise proof of personal auto liability policy may suffice upon approval by the City) 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. EXHIBIT D-1 Insurance Requirements For Services and Activities Involving Children Exh. D - Insurance Requirements for Services and Activities Involving Children 2 Version: May 2025 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). 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. 4. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Contractor has provided written verification of no employees. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate Exh. D - Insurance Requirements for Services and Activities Involving Children 3 Version: May 2025 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. Subcontractor Contractor shall require and verify that all subcontractor 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/12/2026 Marsh &McLennan Agency LLC Marsh &McLennan Ins.Agency LLC 1 Polaris Way #300 Aliso Viejo CA 92656 occerts@marshmma.com License#:0H18131 National Casualty Company 11991 ALLCITYMAN Lexington Insurance Company 19437AllCityManagementServices,Inc. 11643 Telegraph Rd Santa Fe Springs,CA 90670-3656 AXIS Surplus Insurance Company 26620 Westchester Surplus Lines Insurance Co 10172 768402750 B X 1,000,000 X 100,000 X 1,250,000 1,000,000 2,000,000 X Y Y 020744001 6/15/2026 6/15/2027 2,000,000 Abuse &Molestation Included C X 3,000,000 X N P00100118039404 6/15/2026N 6/15/2027 3,000,000 A X N Y WCC334410A 1/1/2026 1/1/2027 1,000,000 1,000,000 1,000,000 D Excess Layer N N G72535522006 6/15/2026 6/15/2027 AGGREGATE Abuse &Molestation EACH OCCURRENCE $6,000,000 Included $6,000,000 The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as Additional Insured with respects to General Liability,where required by written contract,per the attached endorsements.Insurance is Primary &Non-Contributory,where required by written contract,per the attached endorsement.Waiver of Subrogation applies with respects to General Liability and Workers Compensation,where required by written contract,per the attached endorsements. City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 ENDORSEMENT WAIVER OF SUBROGATION (BLANKET) All other terms and conditions remain unchanged. LEXOCC234 (11/03) LX0485 Authorized Representative OR Countersignature (In states where applicable) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. LEXINGTON INSURANCE COMPANY INSURED: POLICY#: POLICY PERIOD: TO: All City Management Services,Inc. 06/15/2026 06/15/2027020744001 INSURED: POLICY #: POLICY PERIOD: TO All City Management 06/15/2026020744001 06/15/2027 t INSURED: POLICY #: POLICY PERIOD: TO All City Management 020744001 06/15/2026 06/15/2027 INSURED: POLICY #: POLICY PERIOD: TO LX9838 (08/05) All City Management Services,Inc. All City Management Services,Inc. 020744001 06/15/2026 06/15/2027 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) ____________________________________________________________________________________________________________ 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 ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED TO SUCH WAIVER, IN A VALID WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT HAS BEEN EXECUTED PRIOR TO A LOSS. 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 Policy No. Insured Countersigned By___________________________________________ INSURED: POLICY #: POLICY PERIOD: TO All City Management Services,Inc. WCC334410A 01/01/202701/01/2026 WC 00 03 13 (Ed. 4-84) StateFarm A ~ State Fann Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 N AM ED INSUR ED AT2 75-6AE8-1 A 0(l;745 0058 ALL CITY MANAGEMENT SERVICE S , INC 11 6 43 TELEGRAPH RD SANTA FE SPG S CA 90670 -3656 A DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSED. YOUR CAR NO NO WN ED AUTO Bodily In·ur Limits ~. -""'~~~t~ $1 000 000 $1,000,000 Each Accident L Physical Dam a e Coverage -$500 Deductible -~~,.'.n~ Bodily In·ur Limits ~· -s,o;~~~t~ $100 ,000 $300 ,000 @@41iffimtuM.......,...il0r;2I IMPORTANT NOTICE 76653-1-A MUT L VO L DECLARATIONS PAGE PAGE 1 OF 2 POLIC Y NUM BER 642 2191 -B01 -75P POLIC Y PERIOD JU N 15 2026 to AUG 01 2026 12:01 A.M. Standa rd li me STATE FARM PAYM ENT PLAN NUM BER 1348 465123 AGE NT FLORE NCE HARRISO N 227 S LA BREA AVE I NGLEWOOD, CA 90301 -2317 PHO NE: (310)33 0-8220 6700EQ00 $55 1 .2 ~ -e+dfi!ltiDMbt!I For your protection California law requires the following to appear with this policy: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Replaced policy n umber 6422191-750 . Notice of insurance information collection practices• personal 1 family, or household insurance transactions: We m ay collec t custo me r inform ation from per sons other t han the indi vidua l or individ uals apply ing fo r cove rage . Such cu stom er inform ation as well as other persona l or p ri vileged inform ation subsequen tl y co llec ted may, in ce rtai n circum stances, be discl osed to t hird parties without your a uthoriz ati on as permitted by law. Yo u have the ri ght to submit a written r eq ues t to access, correct , a mend, o r dele te your pe rsonal inform ati on and the ri ght to receive a r esponse within 30 days of su bmitti ng yo ur r equ es t. If we deny your req uest , you have the ri ght to fi le a statem ent with us containi ng the info rm ati on yo u fee l is accurate and fair a long with the reasons you d isagree with our denial. Instructi ons on ho w to fi l e su ch request and our full pri vacy noti ce can be found www.sta tefarm.com/custom er-car e/pri vacy-security/pri vacy or con tact yo ur State Fa rm Agen t. Your total renewal premium for AUG 01 2025 to AUG 01 2026 is $6,787.80. Location used to determine rate charged-11643 TELEGRAPH RD, SANTA FE SPGS CA 90670. CO NTI N UED 08367 /05702 See Reverse Side 156·3866 CA 2 05·2002 ( 01 80251c) 11 SX0N (01 e0251e) B10 This policy is issued by State Farm Mutual Automobile Insurance Company. MUTUAL CONDITIONS 1. Membership. While this policy is in force, the first insured shown on the Declarations Page is entitled to vote at all meetings of members and to receive dividends the Board of Directors in its discretion may declare in accordance with reasonable classifications and groupings of policyholders established by such Board. 2. No Contingent Liability. This policy is non-assessable. 3. Annual Meeting. The annual meeting of the members of the company shall be held at its home office at Bloomington, Illinois, on the second Monday of June at the hour of 10:00 A.M., unless the Board of Directors shall elect to change the time and place of such meeting, in which case, but not otherwise, due notice shall be mailed each member at the address disclosed in this policy at least 1 0 days prior thereto. In Witness Whereof, the State Farm Mutual Automobile Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. ~ht-~ Secretary President Important ... California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Complaints should be filed only after you and Sta$ Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or file a complaint through the Department of Insurance's Internet Web site (www.insurance.ca.gov) Or call toll free 1-800-927-HELP (4357) NOTICE We are required to furnish you with the following information: 1. An automobile liability insurance company may cancel a policy before the end of the current policy period for reasons described in the provision titled Cancellation which is located in the General Terms section of your policy (refer to the Contents in the beginning of your policy for the page number). 2. An automobile liability insurance company may increase the premium or refuse to renew the policy for any of the following reasons: a. Accident involvement by an insured, and whether an insured is at fault in the accident. b. A change in, or an addition of, an insured vehicle. c. A change in, or addition of, an insured under the policy. d. A change in the location of garaging of an insured vehicle. e. A change in the use of the insured vehicle. f. Convictions for violating any provision of the Vehicle Code or the Penal Code relating to the operation of a motor vehicle. g. The payment made by an insurer due to a claim filed by an insured or a third party. An automobile liability insurance company may increase the premium or refuse to renew the policy for reasons that are not listed above but which are lawful and not unfairly discriminatory. cavb2 StateFarm 7665 3-1-A MUTL VOL A ~ State Fann Mutual Automobil e Insurance Company PO Box 2368 Bloomington IL 61702-2368 DECLARATIONS PAGE PAGE 2 OF 2 NAMED INSURED 0(l;745 0058 75 -6AE8-1 A A POLICY NUMBER 642 2191-B01-75P ALL CIT Y MA NAG EME NT SER VI CES, INC POLICY PERIOD JUN 15 2026 to AUG 01 2026 12:01 A.M . Standa rd lime 11 6 43 TELE GRAP H RD SANTA FE SPGS CA 906 7 0-3656 STATE FARM PAYMENT PLAN NUMBER 1348465123 YOUR POLICY CONSISTS OF THIS DECLARATIONS PAG E TH E POLICY BOOKL ET -FORM 9805B~, AND ANY ENDORS EMENTS THAT APPLY, INCLUDING THOS E ISSU ED TO YOU WITH ANY SuBS EOU ENT RENEWAL NOTIC E. 01 6028BU ADDITIONAL INSUR ED-GRAND PRAIRI E, 300 W MAIN ST, GRAND PRAIRI E TX 75050 -562 1. 02 6028BU ADDITIONAL INSUR ED-CITY OF WAUSAU, 407 GRANT ST, WAUSAU WI 544 03 -4 737. 03 6028BU ADDITIONAL INSUR ED-CITY OF SOLANA BEACH, 635 S HIGHWAY 101, SOLANA BEACH CA 92075 -2297. 04 6028BU ADDITIONAL INSUR ED-CITY OF COLL EGE STATION, ATTN RISK MGMT PO BOX 9960 COLL EGE STA TX 778 42-7960. 05 6028BU ADDITIONAL INSUR ED-CITY OF CUP ERTINO, 10300 TORR E AV E, CUP ERTINO CA 950 14-3255. 06 6028BU ADDITIONAL INSUR ED-CITY OF DANA POINT, 33282 GLDN LANT ERN ST ST E 212 DANA POINT CA 92629 -1 843. 07 6028BU ADDITIONAL INSUR ED-CITY OF MIDLAND, PO BOX 11 52, MIDLAND TX 79702 -11 52. 08 6028BU ADDITIONAL INSUR ED-CITY OF RANCHO SANTA MARGARITA, C/0 SERG EANT STAC EY 22 11 2 EL PAS EO RCHO STA MARG CA 92688 -282 4. 09 6028BU ADDITIONAL lNSUR ED-CITY OF EVANSTON, 1500 MCDANI EL AV E, EVANSTON IL 6020 1-3976. 10 6028BU ADDITIONAL INSUR ED-CITY OF PLAC ENTIA, 401 E CHAPMAN AV E, PLAC ENTIA CA 92870 -6101. 11 6028BU ADDITIONAL INSUR ED-MILLBRA E SCHOOL DISTRICT, 555 RICHMOND DR, MILLBRA E CA 94030 -1 600. 12 6028BU ADDITIONAL INSUR ED-CITY OF BENICIA, 250 E L ST, BENICIA CA 94510-3239. 13 6028BU ADDITIONAL INSUR ED-CITY OF IRVING, 835 W IRVING BLVD, IRVING TX 75060 -2845. 14 6028BU ADDITIONAL INSUR ED-E SCONDIDO UNION SCHOOL DISTRICT, 23 10 ALD ERGROV E AV E ESCONDIDO CA 92029 -1 935. 15 6028BU ADDitIONAL INSUR ED-CITY OF ALAM EDA, 2263 SANTA CLARA AV E, ALAM EDA CA 9450 1-4477. 16 6028BU ADDITIONAL INSUR ED-CITY OF AZUSA, 725 N ALAMEDA AV E, AZUSA CA 91702 -2562. 17 6028BU ADDITIONAL INSUR ED-CITY OF ORANG E, 300 E CHAPMAN AV E, ORANG E CA 92866 -1 59 1. 18 6028BU ADDITIONAL INSUR ED-CITY OF LOS ALAMITOS, 3191 KAT ELLA AV E, LOS ALAMITOS CA 90720 -5600. 19 6028BU ADDITIONAL INSUR ED-CITY OF AGOURA HILLS, 3000 1 LADY FAC E CT, AGOURA HILLS CA 9130 1-4 335. 20 6028BU ADDITIONAL INSUR ED-CITY OF RIV ERSID E, 3900 MAIN ST, RIV ERSID E CA 92522 -0002. 6030G F BUSIN ESS NAMED INSUR ED. 603 100 ANNUAL POLICY PERIOD. 6125A AMENDATORY ENDORS EMENT. 6126MD EXC ESS COV ERAG E FOR PERSONAL VEHICL E SHARING. 6129J AMENDATORY ENDORS EMENT. 61308 AMENDATORY ENDORS EMENT -EFF AUG 01 2026. 6164 P HIR ED CAR LIABILITY COV ERAG E. 6165CS EMPLOY ERS NON-OWN ED CAR LIABILITY COV ERAG E. 6166AM HIR ED CAR -COMPR EHENSIV E COV ERAG E AND COLLISION COV ERAG E $100,000 LIMIT · $500 DEDUCTIBL E. 6196AA -WAIV ER OF'SUBROGATION UND ER TH E LIABILITY COV ERAG E CITY OF ALAM EDA. Agen t: FLORENCE HARRISON Telephone: (310)330-8220 08368/05702 156 -3866 CA 2 05-2002 ( 01 80251c) 13SX0 (01 aD25vd) (01 a0254c) Pr epared JUN 18 2026 6AE8-B07 B10 This policy is issued by State Farm Mutual Automobile Insurance Company. MUTUAL CONDITIONS 1. Membership. While this policy is in force, the first insured shown on the Declarations Page is entitled to vote at all meetings of members and to receive dividends the Board of Directors in its discretion may declare in accordance with reasonable classifications and groupings of policyholders established by such Board. 2. No Contingent Liability. This policy is non-assessable. 3. Annual Meeting. The annual meeting of the members of the company shall be held at its home office at Bloomington, Illinois, on the second Monday of June at the hour of 10:00 A.M., unless the Board of Directors shall elect to change the time and place of such meeting, in which case, but not otherwise, due notice shall be mailed each member at the address disclosed in this policy at least 1 0 days prior thereto. In Witness Whereof, the State Farm Mutual Automobile Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. ~ht-~ Secretary President Important ... California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Complaints should be filed only after you and Sta$ Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or file a complaint through the Department of Insurance's Internet Web site (www.insurance.ca.gov) Or call toll free 1-800-927-HELP (4357) NOTICE We are required to furnish you with the following information: 1. An automobile liability insurance company may cancel a policy before the end of the current policy period for reasons described in the provision titled Cancellation which is located in the General Terms section of your policy (refer to the Contents in the beginning of your policy for the page number). 2. An automobile liability insurance company may increase the premium or refuse to renew the policy for any of the following reasons: a. Accident involvement by an insured, and whether an insured is at fault in the accident. b. A change in, or an addition of, an insured vehicle. c. A change in, or addition of, an insured under the policy. d. A change in the location of garaging of an insured vehicle. e. A change in the use of the insured vehicle. f. Convictions for violating any provision of the Vehicle Code or the Penal Code relating to the operation of a motor vehicle. g. The payment made by an insurer due to a claim filed by an insured or a third party. An automobile liability insurance company may increase the premium or refuse to renew the policy for reasons that are not listed above but which are lawful and not unfairly discriminatory. cavb2 ED 1 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P Sh e e t 1 o f 5 08 3 6 9 / 0 5 7 0 2 __ _ _ __ _ _ __ _ _ 6030GF BUSINESS NAMED INSURED This endorsement is a part of the policy. Because of the type of named insured shown on the Declarations Page of this policy and the changes made below, all references to resident rela­ tives and non-owned cars in the policy are deleted. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. DEFINITIONS You or Your is changed to read: You or Your means the named insured or named insureds shown on the Decla­ rations Page. 2. LIABILITY COVERAGE a. Additional Definition Insured is changed to read: Insured means: l. you for: a. the ownership, maintenance, or use of: ( 1) your car; (2) a newly acquired car; or (3) a trailer; and b. the maintenance or use of a temporary substitute car; 2. any person for his or her use of: a. your car; b. a newly acquired car; c. a temporary substitute car, or d. a trailer while attached to a car described in a., b., or c. above. Such vehicle must be used with your perm1ss1on, express or implied, and within the scope of that permission; and Page 1 of3 3. any other person or organization vicariously liable for the use of a vehicle by an insured as defined in 1. or 2. above, but only for such vicarious liability. This provision applies only if the ve­ hicle is: a. neither owned by, nor hired by, that other person or or­ ganization; and b. neither available for, nor being used for, carrying persons for a charge. Insured does not include the United States of America or any of its agencies. b. Exclusions (1) Exclusion 5. is changed to read: FOR BODILY INJURY TO THAT INSURED'S FELLOW EMPLOYEE WHILE THE FELLOW EMPLOYEE IS IN THE COURSE AND SCOPE OF HIS OR HER EMPLOY­ MENT; (2) Exclusion 7. is changed to read: WHILE MAINTAINING OR USING A VEHICLE IN CONNECTION WITH THAT INSURED'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CAR BUSI­ NESS. This exclusion does not apply to: a. you; or 6030GF ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 b. any of your agents, em­ ployees, or business part­ ners 3. MEDICAL PAYMENTS COVERAGE while maintaining or using your car, a newly acquired car, a temporary substitute car, or a trailer owned by you; (3) The following exclusion is added: THERE IS NO COVERAGE FOR AN INSURED FOR DAMAGES RESULTING FROM: 1. THE HANDLING OF PROPERTY BEFORE IT IS MOVED FROM THE PLACE WHERE IT IS ACCEPTED BY THE IN­ SURED FOR MOVE­ MENT INTO OR ONTO A VEHICLE FOR WHICH THE INSURED IS PRO­ VIDED LIABILITY COV­ ERAGE BY THIS POLICY; 2. THE HANDLING OF PROPERTY AFTER IT IS MOVED FROM THE VEHICLE DESCRIBED IN 1. ABOVE TO THE PLACE WHERE IT IS FI­ NALLY DELIVERED BY THE INSURED; OR 3. THE MOVEMENT OF PROPERTY BY MEANS OF A MECHANICAL DEVICE, OTHER THAN A HAND TRUCK, THAT IS NOT ATTACHED TO THE VEHICLE DE­ SCRIBED IN 1. ABOVE. Page 2 of3 a. Additional Definitions Insured is changed to read: Insured means any person while occupying: l. your car; 2. a newly acquired car; 3. a temporary substitute car; or 4. a traikr while attached to a car described in 1., 2., or 3. above. Such vehicle must be used within the scope of your consent. b. Exclusions (1) Exclusion 1. is deleted. (2) Exclusion 4. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A VEHICLE WHILE IT IS: a. MADE AVAILABLE; OR b. BEING USED TO CARRY PERSONS FORA CHARGE; (3) Exclusion 5. is changed to read: WHILE MAINTAINING OR USING A VEHICLE IN CONNECTION WITH THAT INSURED'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CAR BUSI­ NESS. This exclusion does not apply to any of your: a. agents; b. employees; or c. business partners while maintaining or using your car, a newly acquired car, a 6030GF ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P 08 3 6 9 / 0 5 7 0 2 temporary substitute car, or a trailer owned by you; (4) Exclusions 7. and 9. are deleted. 4. UNINSURED MOTOR VEHICLE COV­ ERAGE a. Additional Definitions Insured is changed to read: Insured means: l. any person while occupying: a. your car; b. a newly acquired car; or c. a temporary substitute car. Such vehicle must be used within the scope of your con­ sent. Such person occupying a public or livery conveyance is notaninsured;and 2. you or any person entitled to re­ cover compensatory damages as a result of bodily injury to an insured defined in item l . above. b. Exclusions Exclusion 2. is deleted. 5. PHYSICAL DAMAGE COVERAGES Additional Definitions a. Covered Vehicle is changed to read: Covered Vehicle means: l. your car; 2. a newly acquired car; 3. a temporary substitute car; and 4. a camper that is designed to be mounted on a pickup truck and is shown on the Declarations Page; including its parts and its equip­ ment that are common to the use of the vehicle as a vehicle. However, parts and equipment of campers must be securely fixed as a perma­ nent part of the camper. b. Insured is changed to read: Insured means you. Page 3 of3 6030GF ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 6031DDANNUALPOLICYPE~OD This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. GENERAL TERMS When Coverage Applies is changed to read: The coverages provided by this policy are shown on the Declarations Page and apply to acci­ dents and losses that occur during the policy period. The policy period is shown on the Decla­ rations Page and is for successive periods of twelve months each for which the renewal premium is paid. The policy period begins and ends at 12:01 AM Standard Time at the address shown on the Declarations Page. Pagel of l 6031DD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2010 ED 1 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P Sh e e t 2 o f 5 08 3 7 0 / 0 5 7 0 2 __ _ _ __ _ _ __ _ _ 6125A Page 1 of 1 AMENDATORYENDORSEMENT This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. PHYSICAL DAMAGE COVERAGES Limits and Loss Settlement -Comprehensive Coverage and Collision Coverage Item 1.a. is changed to read: 1. We have the right to choose to settle with you or the owner of the covered vehicle in one of the following ways: 6125A a. Pay the cost to repair the covered vehicle minus any applicable deductible. No deductible applies to the repair of windshield glass. (1) We have the right to choose one of the following to determine the cost to repair the covered vehicle: (a) The cost agreed to by both the owner of the covered vehicle and us; (b) A bid or repair estimate approved by us; or (c) A repair estimate that is written based upon or adjusted to: (i) reasonable repair costs and labor rates as determined by us for the repair market where the covered vehicle is to be repaired; (ii) the prevailing competitive price. Prevailing competitive price means prices charged by a majority of the repair market as determined by a survey made by us for the area where the covered vehicle is to be repaired; (iii) the lower of paintless dent repair pricing established by an agreement we have with a third party or the paintless dent repair price that is competitive in the market; or (iv) a combination of (i), (ii), or (iii) above. If asked, we will identify at least one facility that will perform the repairs with the pricing and labor rates identified by us. The repair estimate will include parts sufficient to restore the covered vehicle to its pre-loss condition. You agree with us that the repair estimate may include new, used, recycled, and reconditioned parts. Any of these parts may be either original equipment manufacturer parts or non-original equipment manufacturer parts, and you agree these parts are sufficient to restore the covered vehicle to its pre-loss condition. You also agree that replacement glass need not have any insignia, logo, trademark, etching, or other marking that was on the replaced glass. (2) The cost to repair the covered vehicle does not include any reduction in the value of the covered vehicle after it has been repaired, as compared to its value before it was damaged. (3) If the repair or replacement of a part results in betterment of that part, then you or the owner of the covered vehicle must pay for the amount of the betterment; ©, Copyright, State Farm Mutual Automobile Insurance Company, 2023 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. LIABILITY COVERAGE 2. MEDICAL PAYMENTS COVERAGE a. Exclusions Exclusion 15. is replaced by the following: THERE IS NO COVERAGE FOR AN INSURED FOR THE OWN­ ERSHIP, MAINTENANCE, OR USE OF YOUR CAR ORANEWLY ACQUIRED CAR WHILE USED IN PERSONAL VEHICLE SHARING. This exclusion does not apply to you and resident rela­ tives when, and only if, the full amount of all available limits of all other liability bonds, policies, and self-insurance plans that apply have been used up by payment of judg­ ments or settlements, or have been offered in writing. b. If Other Liability Coverage Applies The first paragraph of item 2. is changed to read: The Liability Coverage provided by this policy applies as primary cov­ erage for the ownership, mainte­ nance, or use of your car or a trailer attached to it, except while your car or a trailer attached to it is used in personal vehicle sharing. The Liability Coverage provided by this policy applies as excess cover­ age for the ownership, mainte­ nance, or use of your car or a trailer attached to it while your car or a trailer attached to it is used in personal vehicle sharing. Page 1 of3 a. Exclusions (1) Exclusion 3. is replaced by the fol- lowing: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A VEHICLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN INSURED. This exclusion does not apply to you and resi­ dent relatives while occupying your car or a newly acquired car while used in personal vehicle sharing when, and only if, the full amount of all availa­ ble limits of all other sources of medical payments coverage or similar vehicle insurance that apply have been paid. (2) Exclusion 15. is replaced by the following: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING YOUR CAR OR A NEWLY ACQUIRED CAR WHILE USED IN PERSON­ AL VEHICLE SHARING This exclusion does not apply to you and resident relatives when, and only if, the full amount of all available limits of all other sources of medical payments coverage or similar vehicle insurance that apply have been paid. 6126MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P 08 3 7 0 / 0 5 7 0 2 b. If Other Medical Payments Coverage or Similar Vehicle Insurance Applies The first paragraph of item 3. is changed to read: The Medical Payments Coverage provided by this policy applies as primary coverage for an insured who :rnstains bodily i~jury while occupying your car or a trailer attached to it, except while your car or a trailer attached to it is used in personal vehicle sharing. The Medical Payments Coverage provided by this policy applies as excess coverage for you and resident rela­ tive.fii who sustain hodi(v injury while occupying your car or a trailer attached to it while your car or a trailer attached to it is used in personal vehicle sharing. 3. UNINSURED COVERAGE a. Exclusions MOTOR VEHICLE Exclusion 6. is replaced by the following: THERE IS NO COVERAGE FOR AN LVSURED \VHO IS OCCl.l­ Pl1NG YOUR C4R OR A NEW­ LY ACQUIRED CAR \VHil.,E USED IN PERSONAL J,·EHKLE SI/A/UNG. This exclusion does not apply to you and resident rela­ tives when, and only if, the full amount of all available limits of all other sources of uninsured motor vehicle coverage that apply have been paid. h. If Other Uninsured Motor Vehicle Coverage Applies The first paragraph of item 2. is changed to read: The Uninsured Motor Vehicle Cov­ erage provided hy this policy ap­ plies as primary coverage for an insured who sustains bodily injury while occupying your car, except while your car is used in personal vehicle sharing. The Uninsured Motor Vehicle Coverage provided by this policy applies as excess coverage for you and resident rela­ tives who sustain hodi(v injury while occupying your car while your car is used in personal vehi­ cle sharing. 4. PHYSICAL DAMAGE COVERAGES a. Exclusions (1) Exclusion 2. is replaced by the fol- lowing: Tl II m.E IS NO COVERACl-1 ◄'. FOR ANY COVERED VEHI­ CLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN LVSURED. This exclusion doe~ not apply to your car or a newly acquired car while used in personal vehicle sharing when, and only i( the full amount of all available limits of all other sources of physical damage coverage or similar coverage that apply have been paid. (2) Exclusion 20. is replaced by the follovving: THERE IS NO COVERAGE FOR YOUR CAR ORANEff'­ LYACQUIRED CAR vVHILE USED IN PERSONAL VEHI­ CLE SIL4Rll\/G. This cxclu­ si on does not apply \Vhen, and onlv i( the full amount of all ava.ilable limits of all other sources of physical damage Page2 of3 6126MD ©, Copyright, Stale Farm Mutual Automobile Insurance Company, 2013 coverage or similar coverage that apply have been paid. b. If Other Physical Damage Coverage or Similar Coverage Applies The firsl paragraph of item 3. is changed to read: The physical damage coverages provided by this policy apply as Page 3 of3 primary coverage for a loss to your car, except while your car is used in personal vehicle sharing. The physical damage coverages provid­ ed by this policy apply as excess coverage for a loss to your car while it is used in personal vehicle sharing. 6126MD <e, Copyright , Stale Farm Mutual Automobile Insurance Company, 2013 ED 1 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P Sh e e t 3 o f 5 08 3 7 1 / 0 5 7 0 2 __ _ _ __ _ _ __ _ _ AMENDATORYENDORSEMENT 6130Q Page 1 of 3 This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. THIS POLICY a. Item 3. is changed to read: We agree to provide insurance according to the terms of this policy: a. based on payment of the required premium when due for the coverages carried, the applica­ ble limits, and deductibles chosen; b. in reliance upon information that affects eligibility and premium provided by you or other sources to us in the application for this policy and during the policy period. This includes, but is not limited to: (1) vehicles insured; (2) use of your car, (3) primary garaging location; and (4) drivers of any vehicle insured under this policy; and c. unless otherwise stated on the Declarations Page, in reliance on the following statements: (1) Neither you nor any member of your household has, within the past three years, had either: (a) a license to drive; or (b) a vehicle registration suspended, revoked, or refused. (2) Your car is used for pleasure and business. b. Item 4. is changed to read: All named insureds shovvn on the Declarations Page and all applicants agree by acceptance of this policy that: a. the statements in 3. above are made by such named insured or applicant and are true; b. all information provided to us in the application for this policy was true, correct, and complete; c. all information on the Declarations Page and Auto Renewal is: (1) true, correct, and complete; and (2) any changes to information described in 3. above have been provided to us by you if changed during any policy period; and d. we provide this insurance on the basis the above statements and information are true, correct, and complete. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2025 6130Q Page 2 of3 Concealing or misleading material information that affects eligibility or premium may be fraudulent, resulting in voiding or rescission of the policy or denial of coverage under the policy. 2. INSURED'S DUTIES The following is added: Duty to Notify Us of Changes You must notify us if there are changes to any information shown on the Declarations Page or Auto Renewal, or to information that affects eligibility or premium. This includes, but is not limited to changes in: a. use of your car, b. primary garaging location; c. drivers of any vehicle insured under this policy; or d. driver's license status of any driver. You must notify us of a newly acquired car within the timing described in the newly acquired car definition. You must notify us of all other changes within 90 days of that change. Failure to notify us of changes that affect eligibility or premium may be fraudulent, resulting in voiding or rescission of the policy or denial of coverage under the policy. 3. GENERAL TERMS a. Premium (1) Item b. is changed to read: The renewal premium for this policy will be based upon the rates in effect, the coverages carried, the applicable limits, deductibles, and other elements that affect the premium that apply at the time of renewal including, but not limited to: (1) vehicles insured; (2) use of your car, (3) primary garaging location; and (4) drivers of any vehicle insured under this policy. (2) Item d. is changed to read: The premium for this policy is based upon the coverages carried, the applicable limits, de­ ductibles, and information we have received from you or other sources. You must inform us if any information regarding the following is incorrect or incomplete, or changes during the policy period, and you must answer questions we ask regarding information used to deter­ mine the premium including, but not limited to, the following: (1) Your car, or its use, including annual mileage; (2) The persons who regularly drive your car, including newly licensed family members; (3) Your marital status; or (4) The location where your car is primarily garaged. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2025 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P 08 3 7 1 / 0 5 7 0 2 61300 Page 3 of 3 If the above information or any other information used to determine the premium is incorrect, incomplete, or changes during the policy period, then we may decrease or increase the pre­ mium during the policy period. If we decrease the premium during the policy period, then we will provide a refund or a credit in the amount of the decrease. If we increase the premium during the policy period, then you must pay the amount of the increase. b. Concealment or Fraud 61300 The Concealment or Fraud provision is replaced by: Concealment, Misrepresentation, or Fraud a. To determine your eligibility for coverage under this policy and to determine your premium, we relied upon statements and representations you or the applicant provided to us. b. There is no coverage under this policy and we may void or rescind this policy, if you or an applicant have made false statements with the intent to conceal or misrepresent any material fact or circumstance in connection with: (1) the application for this policy; or (2) any change to this policy or elements that affect eligibility or premium including, but not limited to: (a) vehicles insured; (b) use of your car; (c) primary garaging location; and (d) drivers of any vehicle insured under this policy. c. There is no coverage under this policy if you or any other person insured under this policy has made false statements with the intent to conceal or misrepresent any material fact or circumstance in connection with any claim under this policy. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2025 6164DP HIRED CAR LIABILITY COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. DEFINITIONS 3. any of your business partners; a. Owned By is changed to read: Owned By means: 1. owned by; 2. registered to; or 3. leased, if the lease is written for a period of 6 or more consecutive months, to. b. The following definition is added: Hired Car means, when used under contract on your behalf or loaned to you: 1. a land motor vehicle designed for use primarily on public roads; 2. any type of trailer or semitrailer designed for use primarily on public roads; and 3. mobile equipment designed for use primarily off public roads: a. while used on public roads solely for locomotion, if self-propelled and not equipped with crawler­ treads; or b. while being transported on public roads if being towed by or carried on a land mo­ tor vehicle designed for use primarily on public roads and insured with us. Hired Car does not include any ve­ hicle that is owned by: l. you; 2. any of your employees; 4. any of your executive officers; or 5. any person who resides primar­ ily with a person described in 1., 2., 3., or 4. immediately preceding. 2. LIABILITY COVERAGE a. Additional Definition Insured is changed to read: Insured means: l . you for the maintenance or use of a hired car; 2. any person while using a hired car. The hired car must be used with your permission, ex­ press or implied, and within the scope of that permission; and 3. any other person or or­ ganization vicariously liable for the use of a hired car by an in­ sured as defined in 1. or 2. above, but only for such vicari­ ous liability. Insured does not include: 1. the owner of a hired car; 2. any other person or or­ ganization, including its agents or employees, who rents, leases, or loans the hired car to you or any person or organization for use on your behalf; or 3. the United States of America or any of its agencies. Page 1 of2 6164DP ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 ED 1 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P Sh e e t 4 o f 5 08 3 7 2 / 0 5 7 0 2 __ _ _ __ _ _ __ _ _ b. Exclusions Exclusions 9. and 13. are deleted. 3. UNINSURED MOTOR VEHICLE COVERAGE a. Additional Definitions Insured is changed to read: Insured means any person while using a hired car. The hired car must be used with your permission, express or implied, and within the scope of that permission. Insured does not include: 1. the owner of a hired car; 2. any other person or or­ ganization, including its agents or employees, who rents, leases, or loans the hired car to you or any person or organization for use on your behalf. b. Exclusions (1) Exclusion 2. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHO SUSTAINS BODILY INJURY WHILE OCCUPYING A MO­ TOR VEHICLE, OTHER THAN A HIRED CAR. (2) Exclusion 6. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A HIRED CAR WHILE USED IN PERSONAL VEHICLE SHARING; (3) Exclusion 8. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHILE OCCUPYING A HIRED CAR IF THE OWNER HAS UNIN­ SURED MOTOR VEHICLE COVERAGE OR UNDERIN­ SURED MOTOR VEHICLE COVERAGE ON THAT HIRED CAR WITH LIMITS EQUAL TO OR GREATER THAN THE UNINSURED MOTOR VEHICLE COVER­ AGE LIMITS PROVIDED BY THIS POLICY; 4. GENERAL TERMS The following is added: Audit We have the right to audit your records as they relate to this insurance. This au­ dit may take place any time up to three years after this policy is terminated. Page2 of2 6164DP ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 6165CS EMPLOYERS NON-OWNED CAR LIABILITY COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. DEFINITIONS 2. LIABILITY COVERAGE Non-Owned Car is changed to read: Non-Owned Car means: 1. a land motor vehicle designed for use primarily on public roads; 2. any type of trailer or semitrailer de­ signed for use primarily on public roads; and 3. mobile equipment designed for use primarily off public roads: a. while used on public roads solely for locomotion, if self­ propelled and not equipped with crawler-treads; or b. while transported on public roads if being towed by or car­ ried on a land motor vehicle designed for use primarily on public roads and insured with us. a. Additional Definition Insured is changed to read: Insured means: 1. you for the use of a non-owned car in your business; and 2. any other person or organiza­ tion vicariously liable for the use of a non-owned car in your business by an insured as de­ fined in item 1. above, but only for such vicarious liability. Insured does not include: 1. the owner of a non-owned car; or 2. the United States of America or any of its agencies. b. Exclusions Exclusions 9. and 13. are deleted. 3. UNINSURED MOTOR VEHICLE Non-Owned Car does not include any vehicle that is: 1. owned by you; or 2. used under contract on your behalf or loaned to you, unless that vehicle is owned by: a. any of your employees; b. any of your business partners; c. any of your executive officers; or d. any person who resides primar­ ily with you or a person de­ scribed in a., b., or c. immediately preceding. Page 1 of2 COVERAGE a. Additional Definitions Insured is changed to read: Insured means any person while using a non-owned car in your business. The non-owned car must be used with your permission, ex­ press or implied, and within the scope of that permission. Insured does not include: 1. the owner of a non-owned car; 2. any other person or or­ ganization, including its agents or employees, who rents, leases, 6165CS ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P 08 3 7 2 / 0 5 7 0 2 or loans the non-owned car to you or any person or orgamza­ tion for use on your behalf. b. Exclusions (1) Exclusion 2. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHO SUSTAINS BODILY INJURY WHILE OCCUPYING A MO­ TOR VEHICLE, OTHER THAN ANON-OWNED CAR. (2) Exclusion 6. is changed to read: OCCUPYING ANON-OWNED CAR IF THE OWNER HAS UNINSURED MOTOR VE­ HICLE COVERAGE OR UN­ DERINSURED MOTOR VEHICLE COVERAGE ON THAT NON-OWNED CAR WITH LIMITS EQUAL TO OR GREATER THAN THE UNINSURED MOTOR VE­ HICLE COVERAGE LIM­ ITS PROVIDED BY THIS POLICY; THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A NON­ OWNED CAR WHILE USED IN PERSONAL VEHICLE SHARING; 4. GENERAL TERMS (3) Exclusion 8. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHILE Page 2 of2 The following is added: Audit We have the right to audit your records as they relate to this insurance. This audit may take place any time up to three years after this policy is termi­ nated. 6165CS ©, Copyright, State Farm Mutual Automobile Insurance Company, 2015 6166AM HIRED CAR-COMPREHENSIVE COVERAGE AND COLLISION COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. This policy is changed as follows for the use of a hired car: 1. DEFINITIONS Owned By is changed to read: Owned By means: 1. owned by; 2. registered to; or 3. leased, if the lease is written for a period of 6 or more consecutive months, to. 2. PHYSICAL DAMAGE COVERAGES a. The second paragraph that begins, "This policy provides" is replaced by the fol­ lowing: This policy provides: 1. Comprehensive Coverage; and 2. Collision Coverage for the use of hired cars. b. Deductible is replaced by the following: Deductible The deductible that applies to any Comprehensive Coverage or Colli­ sion Coverage provided by this endorsement is shown on the Decla­ rations Page immediately following the title and dollar amount limit of this endorsement. c. Additional Definitions (1) The following is added: Hired Car means, when used under contract on your behalf or loaned to you: Page 1 of2 1. a land motor vehicle de­ signed for use primarily on public roads; 2. any type of trailer or semi­ trailer designed for use pri­ marily on public roads; and 3. mobile equipment designed for use primarily off public roads: a. while used on public roads solely for locomo­ tion, if self-propelled and not equipped with crawler-treads; or b. while being transported on public roads if being towed by or carried on a land motor vehicle de­ signed for use primarily on public roads and in­ sured with us. Hired Car does not include any vehicle that is owned by: l. you; 2. any of your employees; 3. any of your business part­ ners; 4. any of your executive offic­ ers; or 5. any person who resides pri­ marily with a person de­ scribed in 1., 2., 3., or 4. immediately preceding; 6166AM ©, Copyright, State Farm Mutual Automobile Insurance Company, 2016 ED 1 PL E A S E A T T A C H T O Y O U R P O L I C Y B O O K L E T Po l i c y N u m b e r : 6 4 2 2 1 9 1 - B 0 1 - 7 5 P Sh e e t 5 o f 5 08 3 7 3 / 0 5 7 0 2 __ _ _ __ _ _ (2) Covered vehicle is changed to read: Covered vehicle means a hired car. (3) Insured is changed to read: Insured means: a. you; b. any of your employees; c. any of your business part­ ners; and d. any of your executive offic­ ers. d. All references to Non-owned car in Physical Damage Coverages are deleted and replaced with covered vehicle as de­ fined in this endorsement. e. Insuring Agreements Comprehensive Coverage and Colli­ sion Coverage are replaced with the fol­ lowing: Comprehensive Coverage and Collision Coverage (1) We will pay for loss to a covered vehicle. (2) If a covered vehicle is rented on your behalf from a car business, then we will pay reasonable loss of use charges and reasonable administrative charges charged by the car business if owed un­ der the written terms of the rental contract as the result of a loss that is payable under the coverage provided by this en­ dorsement. f. Limits and Loss Settlement -Com­ prehensive Coverage and Collision Coverage (1) The following is added: The most we will pay for loss to a covered vehicle is the amount shown on the Declarations Page immediately following the title of this endorsement. (2) Items 2. and 3. are deleted. 3. GENERAL TERMS The following is added: Audit We have the right to audit your records as they relate to this insurance. This audit may take place any time up to three years after this policy is terminated. Page2 of2 6166AM ©, Copyright, State Farm Mutual Automobile Insurance Company, 2016 Confirmation of Coverage Dear: , IMA, Inc. - Pasadena Date: Jul 14, 2025 Thank you for the bind order for the below Insured. We are pleased to present the RPS Confirmation of Coverage and invoice along with the attached Tysers Insurance Brokers Ltd binder. Please review the attached and below carefully as coverage described herein may be different from the original application submitted, or prior policy if applicable. Insured: City of Cupertino DBA: Department of Recreation and Community Services, Public Works Department RPS Reference #: 7563472A Mailing Address: 10300 Torre Avenue Cupertino, CA 95014 Physical Address: 10300 Torre Avenue, Cupertino, CA 95014 Carrier: Underwriters at Lloyd's, London Carrier Status: Non-Admitted / AM Best Rating: A+ XV Policy Number: MR254153 Expiring Policy Number: MR244153 Policy Period: 7/1/2025 to 7/1/2026 Coverage: Special Casualty - Sexual Misconduct Limit of Liability: a)USD 5,000,000 in the aggregate during the policy period for all claims brought by or on behalf of each victim, and b)USD 5,000,000 in the aggregate during the policy period for all claims brought by or on behalf of all victims and separately: c)USD 75,000 in the aggregate during the policy period for all safeguard costs resulting from all circumstances Retention: USD 35,000 each Victim Policy Premium:$45,000.00 Fees (fully earned): Taxes: Surplus Lines Tax $1,350.00 Stamping Office Fee $81.00 TRIA: Status: TOTAL: $46,431.00 Minimum Earned Premium: Home State: CA The State Surplus Lines Notice applies only if Insurance Carrier is shown as Non-Admitted in the Binder Information Section. Conditions/ Subjectivities: per Carrier terms attached Please see attched company quote for complete limits, terms, conditions, and exclusions. Please note: ·You are responsible for reviewing and explaining the coverage to the client, including any options, available or not from our office. The terms hereon are not fully described and no assumption should be made as to the adequacy of the coverage of the risk to the client. ·You are not an Agent of the insurer, and as such, cannot bind coverage nor make any commitments on behalf of the insurer, nor of us. This policy cannot be assigned to another without the written consent of the insurer or their Agent. ·This document is intended for use as evidence that the insurance, as described herein, has been effected and shall be subject to all terms and conditions of policy(ies) which will be issued and that in the event of any inconsistency herewith, the terms and provisions of such policy(ies) shall prevail. ·If this policy is issued on a non-admitted basis, your office is responsible for completing, collecting and delivery to RPS any required surplus lines forms, taxes and fees from the insured. RPS will remit the applicable taxes and forms to the state. If this policy is subject to the surplus lines laws in your state, you should make every effort to comply with any special provisions and regulations of your state. ·By binding you commit to any provisions contained hereon, such as Minimum Earned Premiums. There are no flat cancellations allowed. ·When requesting a policy change, addition, cancellation, endorsement, etc. you must provide every policy number/ coverage to which the request applies. ·You are responsible for the issuance and review of Certificates of Insurance (COI). COIs cannot amend or alter the terms provided herein. ·In the event of a claim please report immediately and visit the RPS Claims website: https://my.rpsins.com/claimsfnol ·All premiums and any fees are due to RPS within 20 days of binding unless otherwise stipulated. Accounts with payments that are overdue and are not received within this time frame are subject to cancellation. If you have any questions, please feel free to call or email me. We look forward to our next opportunity to work with you. Sincerely, Shawn McCall Risk Placement Services, Inc. - PNP Phone: (630) 285-4079 Email:shawn_mccall@rpsins.com 1 FIRST AMENDMENT TO AGREEMENT 311 BETWEEN THE CITY OF CUPERTINO AND ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICES AT VARIOUS SCHOOL LOCATIONS IN CUPERTINO This First Amendment to Agreement 311 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and All City Management Services, a Corporation (“Contractor”) whose address is PO Box 847436, Los Angeles, CA 90084-7436, and is made with reference to the following: RECITALS: A. On August 05, 2021 Agreement 311 (“Agreement”) was entered into by and between City and Contractor for Crossing Guard Services at Various School Locations in Cupertino. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 2. of the Agreement is modified to read as follows: Services Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. Exhibit A of the Agreement is replaced with a new Exhibit A-1 attached hereto. 2. Paragraph 3.1 of the Agreement is modified to read as follows: Time of Performance This Agreement begins on the Effective Date and ends on June 30, 2026, with the option to renew for two additional years (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the start of Fall 2024 school semester and shall be completed by the conclusion of the 2026 school session, with the option to renew two years thereafter. 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. 3. Paragraph 3.2 of the Agreement is modified to read as follows: Schedule of Performance Contractor must deliver the Services in accordance with the Schedule of Performance. Exhibit B of the Agreement is replaced with a new Exhibit B-1 attached hereto. 2 Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $1,688,800.00 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the budget and rates included in Exhibit C- 1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Exhibit C of the Agreement is replaced with a new Exhibit C-1 attached hereto. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ALL CITY MANAGEMENT SERVICES By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Agreement 2022-140 $903,879.04 Amendment 1 Increase Funding, Extend Term $785,000.00 Secretetary Jul 30, 2024 Christopher D. Jensen City Manager Jul 30, 2024 Jul 30, 2024 EXHIBIT A-1 ACMS Scope of Services 1. All City Management Services, Inc. will handle the Crossing Guard services for the City of Cupertino for two years, consisting of the 2024/2025 and 2025/2026 school sessions beginning on or around August, 2024 and ending on or around June, 2026. 2. ACMS will provide sixteen (16) personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Cupertino. 3. Crossing Guard Services shall be provided by ACMS at designated locations, identified by City of Cupertino and ACMS shall provide coverage at the school crossings as required. ACMS shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel. 4. ACMS and all persons who are employed for assignment to this contract shall undergo background checks to ensure they have not been convicted of any offense involving moral turpitude, a felony for violent crimes, or a felony for crimes against children. ACMS understands no one registered as a sex offender or narcotics offender will be hired as a crossing guard. 5. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. 6. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. 7. ACMS understands that all crossing guards shall also receive training pertaining to general traffic safety for pedestrians, motorists and themselves while serving as Crossing Guards. After completion of training ACMS will provide the City of Cupertino certificates of training that are signed and dated by the employee that received training and signed by the ACMS designated Trainer. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. EXHIBIT A-1 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. 10. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 11. ACMS shall monitor, supervise, and assure the safety of all school children who utilize intersections and crosswalks while moving to and from school zones. 12. ACMS Crossing Guards will report to the Police Department the license plate numbers of motor vehicles who violate traffic laws or Crossing Guard instructions. 13. ACMS shall establish a liaison with the school district(s) to monitor changes in school schedules. 14. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call-out procedures and this information shall be included in proposal. 15. ACMS shall one month prior to the start of the school year and each school year thereafter coordinate with the City’s Safe Routes to School Coordinator to determine whether there are any changes to the bell schedules for any of the schools served under this contract. Exhibits B-1 and C-1 Crossing Guard Fee Schedule Year 1 – July 1, 2024 – June 30, 2025 Hourly billing rate: $38.95 per hour, per Crossing Guard NTE $380,000.00 Per California State Labor Law pertaining to Split Shift Differential, an additional one hour of compensation will be provided per guard, per day. Guards will receive minimum 3.0 hour billing per day, inclusive of the additional one hour split shift compensation. Year 2 – July 1, 2025 – June 30, 2026 Hourly billing rate: $41.45 per hour, per Crossing Guard NTE $405,000.00 Per California State Labor Law pertaining to Split Shift Differential, an additional one hour of compensation will be provided per guard, per day. Guards will receive minimum 3.0 hour billing per day, inclusive of the additional one hour split shift compensation. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/7/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME : Marsh & Mclennan Agency llC PHONE I FAX Marsh & Mclennan Ins . Agency llC IA/C No Extl: (A/C Nol: 1 Polaris Way #300 itDAJ~ss: occerts@marshmma.com Aliso Viejo CA 92656 INSURER($) AFFORDING COVERAGE NAIC# License#: 0H18131 INSURER A : Lexinqton Insurance Company 19437 INSURED ALLCITYMAN INSURER B : AXIS Surplus Insurance Company 26620 All City Management Services, Inc. INSURERC : Westchester Surplus Lines Insurance Co 10172 10440 Pioneer Blvd ., Suite 5 Santa Fe Springs, CA 90670 INSURER D: National Casualty Company 11991 INSURERE : INSURERF : COVERAGES CERTIFICATE NUMBER: 1164366258 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 ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n W\/n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y 052114698 8/1/2023 8/1/2024 EACH OCCURRENCE $1,000,000 ~ □ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED f--PREMISES IEa occurrence\ $100,000 X 500 ,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 ,000,000 Fl 0 PRO- D Loc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY N N COMBINED SINGLE LIMIT $ IEa accident\ f-- ANY AUTO BODILY INJURY (Per person) $ ~ ~ OWNED SCHEDULED BODILY INJURY (Per accident) $ f--AUTOS ONLY f--AUTOS HIRED NON-OWNED iP~~~;c~Je;,fiAMAGE $ ~ AUTOS ONLY ~ AUTOS ONLY $ B UMBRELLA LIAB MOCCUR N N P00100118039401 8/1/2023 8/1/2024 EACH OCCURRENCE $3,000,000 ~ X EXCESSLIAB CLAIMS-MADE AGGREGATE $3 ,000,000 DED I I RETENTION $ $ D WORKERS COMPENSATION y WCC334410A 1/1/2024 1/1/2025 X I ~ffruTE I I OTH- ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT $1 ,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 ,000 ,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1 ,000 ,000 DESCRIPTION OF OPERATIONS below C Excess Layer G72535522003 8/1/2023 8/1/2024 AGGREGATE $6 ,000 ,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino, its City Council , officers , officials , employees , agents, servants and volunteers are included as additional insured as respects to General Liability per attached endorsement. Primary and Non-Contributory Wording applies per attached endorsement. Waiver of Subrogation applies to General Liability and Workers Compensation per attached endorsements . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Ave . AUTHORIZED REPRESENTATIVE Cupertino CA 95014-0000 ~~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD INSURED: All City Management POLICY#: os2114e90 POLICY PERI00'~112023 ENDORSEMENT This endorsement, effective 12:01 AM Forms a part of policy no.: Issued to: By: LEXINGTON INSURANCE COMPANY TO 0010112024 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION (Based on CG2010 04/13) This endorsement modifies insurance provided by the following : COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Additional Insured Person(s) or Organization(s) Location of Covered Operations Blanket where required by contract. 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 : 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above . 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 additional exclusions apply : LX431& (06/14) Includes Copyrighted Information of the Insurance Services Offices , Inc., with its permission . All Rights Reserved . Page 1 of 2 This insurance does not apply to "bodily injury" or "property damage" occurring after : 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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 shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same . Authorized Representative LX43T5 (06/14) lndudes Copyrighted Information of the Insurance Services Offices, Inc., vwthits permission . All Rights Reserved. Page 2 of 2 INSURED: All City Management POLICY#: 052114698 ENDORSEMENT This endorsement, effective 12:01 AM Forms a part of policy no.: Issued to: By: LEXINGTON INSURANCE COMPANY POLICY PERIO"'~112023 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS (Based on CG2037 04/13) This endorsement modifies insurance provided by the following : COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE TO 0810112024 Name of Additional Insured Person(s) or Organization(s) Location of Completed Operations Blanket where required by contract. 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", or "property damage" caused , in whole or in part , by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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 Ill -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: LX4316 (06714) Includes Copyrighted Information of the Insurance Services Offices , Inc ., with its permission . All Rights Reserved. Page 1 of 2 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 shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same . LX4316 (06/14) Authorized Representative Includes Copyrighted Information of the Insurance Services Offices, Inc., with its permission . All Rights Reserved . Page 2 of 2" INSURED : All City Management Services, Inc. POLICY#: 052114698 POLICY PERIOD : 0810112023 TO : 0810112024 THIS ENDORSEMENT CHANGES THE PO LICY. PLE ASE RE AD IT CAREFULLY . ADD ITI ONAL INSURED REQUIRED BY WRITTEN CONTRACT This en dorsement m odifies insuranc e provided u nder t he fo llo lhing: COlvVv1ER CIAl GENERAL LIAB ILITY POLICY , COVERAG E APPLICABL E T O COVERAG E A. BOD ILY INJURY AND PROPERTY DNv1AG E (SECTIO N I -COVERAGES) ONLY A. Sectio n II -Who Is An I nsu re d is ame n de d to inc lu d e any pe rso n or org an iz atio n yo u are re quir ed to inc lu de a s an ad ditiona l Insur ed on ihis po licy b y a w itten contract o r w itte n agreement in effect du ring t his policy pe rio d and executed p rior to the "o ccur re nc e " o f the "bodily injury" o r "property d am age ." B . T he insu r ance provi ded t o the above described A a dditi o n al in sured u nd e r ihis en dor ~me nt is limite d a s fo llows : 1. COVERAG E A BOD ILY INJURY AND PROP­ ERTY DAMAG E (Section l -Coverag es) o n ly. 2. The perso n o r orga nizat io n i s o nly an add it io n al in sured 1Ait h respect t o li a bil ity arisin g out o f "yo u r vw rk " o r "your product ". 3 . In ih e eve nt t hat the Limits of In su ra nce provided by this po li cy exceed ihe Li mits of Ins u ranc e r equ ired by t he w itten contr act or w itte n agr eeme nt, the in sur ance p rovide d by ih is e n dorsement s ha ll be lim ited to the Lim its of Insu rance re quire d b y t he w itten co ntr act or w itten agreement . T hi s e ndo rse ment shall not increase the Lim it s o f Insura nce sho v..r, in ihe Decla rations pe rtainin g to ihe cove rage provided he re in . 4 . The in su r ance p ro vided to suc h an add it io n al in s ured does not apply to "bodily injury" or "p ro perty dama ge " ari sin g out of an arc hi­ tect's, e n gineer 's, or s u rveyo r's re n der ing o f or fa ilure to ren der any p ro fess ion al services. inclu din g, but not limited to : i . T he pr epa rin g, a pp roving , or fai lin g to p re p are o r approve map s , shop drawngs, op in ions, repo rts, s urveys, fie ld orders, c h an ge or de rs, or d ra\'lilngs and specificat io n s ; and ii. Supervisory, in s pectio n, arc hitectu ral , o r e ng inee rin g activitie s. 5 . This in surance does not apply to "bo d ily injury" or "pro p erty damage" a-isin g out of "your w:>rk" o r "your prod uct" inc lu de d in th e "product-complete d o p er ations hazard" unless you are requir ed t o pro vide such coverag e by witten contract o r 1Aritten ag reement an d t he n o nly fo r the period of time req u ire d by t he witte n cont ract o r 1o1.ritten agreement and in n o event beyo nd tl,e e xpiration date of the policy. 6 . Any cover age p ro vided by this e n do rse ­ ment to an additio nal in sured shall be excess ove r any o t her valid and collectible ins ur ance ava ila ble t o the add itional in sur e d w-,ether prim ary, excess. continge nt <:>r o n an y oihe r bas is . C. In accordance wth the t e r ms a nd con ditions of the po licy and as more ful y e xplained in the po licy, as soon as p racticab le. each addition al in sured mu st g ive u s p rompt notice o f an y "occ urre nce" wnich may resu lt in a c laim . fo r 'M:!l'd all le gal pape rs to us, cooperate in the de fense of an y action s, and ot he rlhi se co mp ly lhi1h all ot the po licy's terms and conditions. Fa ilure t o comply with t his provis io n may , at o u r opt io n , resu lt in the c laim o r "suit" bein g de nied. Authorized Repre senta tive OR Countersignatu re (In states where app 'icable,) Inclu des copyrighted info rmati on of the In surance Se rv ices Offices, Inc ., w1h it s perm i ss ion . All rig ht s rese rved . LX9776(08/04l INSURED: All City Management Servi ces , Inc. POLICY#: os2114698 POLICY PERIOD: 08'01 12023 TO: 0810 112024 ENDORSEMENT LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization IMlere the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organ ization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. LEXOCC234 ( 11 /03) LX0485 Authorized Representative OR Countersignature (In states where applicable) INSURED: All City Management Services, Inc. POLICY#: WCC334410A POLICY PERIOD: 0110112024 WORKERS COMPENSATION AND EMPWYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT TO 01/01/2025 WC000313 (Ed. 4-84) 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 ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED TO SUCH WAIVER, IN A VALID WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT HAS BEEN EXECUTED PRIOR TO A LOSS. 1bis 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. Endorsement No. Premium$ Countersigned By ________________ _ WC000313 (Ed. 4-84) INSURED : All City Ma nage ment Services , Inc . POLICY#: os2 11 4698 POLICY PERIOD: 08101 12023 TO 0810 112024 PRtMARY/NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the poricy to the contlay, the insurance afforded by this policy for the benefit ot the Additional Insured shall be primary insurance, but only with respect to any claim, loss or lia>i.lity arising out of tti0 Named lnsured's operations; and any insurance maintained by the Additional mured shall be non-contributing, AD other terms and conditions of the policy remain the same. Authorized Representative OR Countersignature (In states where appllcable) LX9a.38 (08/'05) A ll City Management Serv ices, In c. 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()* (  + , -../0123/4-5-674752/879:1078;150<=>>=/?1@5779/A.:B/827/C8-52-/D7/8?68/0- E=FG=HIJKI  + (L M  ( N ((   ( ( OP)       ,    Q ,  RRRR RRRR RRRR RRRR   (  + ,  ,        (    P , , +  STUVWXWYZX )  O  ) [!%L&   , ,   \V]^T_T`aYbcWSTUV &   )L%' de! cfgfhWZgijWklflgmWTlfnjnopmhWaqrligqshW]njtgqu vwxyz{x|}~y€zz ‚ƒ„…zƒx†‡x~ˆ‰Š|‹|}~ VŒ]VS`aYbc WSY^a]ŽW YY ^V`W‘WVb\Y_cVkVb`cW’chhWtnmpsuWonn“mhfW‘Wpq”p•p”lgmWhq”nirhjhqfrW–niWsn•hig—hW”hfgpmr˜™ )  (  ,                  !"##$%$&'($&)*+,-.$/" 0101203044 55555555 67 8 9 : 3 8 ; 0< 0 4 8 = > 1 >         !"!#$%!#&'( )*)*+,)-)..           !"##$%$&'($&)*+,-.#/" 01012304055 66666666 78 9 : ; 4 9 < 0: 0 5 9 = 2 1 2         !"!#$%!#&'( )*)*+,)-)..           !"##$%$&'($&)*+,-./0" 12123415166 77777777 89 : ; < 5 : = 1< 1 6 : > ? 2 ?         !"!#$%!#&'( )*)*+,)-)..           !"##$%$&'($&)*+,-."/" 01012304055 6666 78 9 2 : 4 9 ; 05 0 5 9 < = 1 = Confirmation of Coverage Dear: Laura Kalert, Bolton Insurance Services, LLC Date: Jul 02, 2024 Thank you for the bind order for the below Insured. We are pleased to present the RPS Confirmation of Coverage and invoice along with the attached Tysers Insurance Brokers Ltd binder. Please review the attached and below carefully as coverage described herein may be different from the original application submitted, or prior policy if applicable. Insured: City of Cupertino DBA: Department of Recreation and Community Services, Public Works Department RPS Reference #: 6496584A Mailing Address: 10300 Torre Avenue Cupertino, CA 95014 Physical Address: 10300 Torre Avenue, Cupertino, CA 95014 Carrier: Underwriters at Lloyd's, London Carrier Status: Non-Admitted / AM Best Rating: A XV Policy Number: MR244153 Expiring Policy Number: MR234153 Policy Period: 7/1/2024 to 7/1/2025 Coverage: Special Casualty - Sexual Misconduct Limit of Liability: a)USD 5,000,000 in the aggregate during the policy period for all claims brought by or on behalf of each victim, and b)USD 5,000,000 in the aggregate during the policy period for all claims brought by or on behalf of all victims and separately: c)USD 75,000 in the aggregate during the policy period for all safeguard costs resulting from all circumstances Retention: USD 35,000 each Victim Policy Premium:$34,650.00 Fees (fully earned): Taxes: Surplus Lines Tax $1,039.50 Stamping Office Fee $62.37 Email: Phone: (630) 285-4079 Risk Placement Services, Inc. - PNP Shawn McCall Sincerely, If you have any questions, please feel free to call or email me. We look forward to our next opportunity to work with you. that are overdue and are not received within this time frame are subject to cancellation. · All premiums and any fees are due to RPS within 20 days of binding unless otherwise stipulated. Accounts with payments · In the event of a claim please report immediately and visit the RPS Claims website: https://my.rpsins.com/claimsfnol provided herein. · You are responsible for the issuance and review of Certificates of Insurance (COI). COIs cannot amend or alter the terms coverage to which the request applies. · When requesting a policy change, addition, cancellation, endorsement, etc. you must provide every policy number/ cancellations allowed. · By binding you commit to any provisions contained hereon, such as Minimum Earned Premiums. There are no flat provisions and regulations of your state. this policy is subject to the surplus lines laws in your state, you should make every effort to comply with any special required surplus lines forms, taxes and fees from the insured. RPS will remit the applicable taxes and forms to the state. If · If this policy is issued on a non-admitted basis, your office is responsible for completing, collecting and delivery to RPS any terms and provisions of such policy(ies) shall prevail. subject to all terms and conditions of policy(ies) which will be issued and that in the event of any inconsistency herewith, the · This document is intended for use as evidence that the insurance, as described herein, has been effected and shall be insurer, nor of us. This policy cannot be assigned to another without the written consent of the insurer or their Agent. · You are not an Agent of the insurer, and as such, cannot bind coverage nor make any commitments on behalf of the the risk to the client. office. The terms hereon are not fully described and no assumption should be made as to the adequacy of the coverage of · You are responsible for reviewing and explaining the coverage to the client, including any options, available or not from our Please note: Please see attched company quote for complete limits, terms, conditions, and exclusions. Conditions/ Subjectivities: per Carrier terms attached Information Section. The State Surplus Lines Notice applies only if Insurance Carrier is shown as Non-Admitted in the Binder Home State: CA Minimum Earned Premium: TOTAL: $35,751.87 TRIA: Status: Page 1 of 9 Professional/Consulting Contracts /Version: August 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and All City Management, Inc. (“Contractor”), a Corporation, for Crossing Guard Services, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2024 with the option to renew for two additional years (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the start of Fall 2021 school semester and shall be completed by = the conclusion of the 2024 school session, with the option to renew two years thereafter. 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. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $903,879.04 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Page 2 of 9 Professional/Consulting Contracts /Version: August 2021 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. Page 3 of 9 Professional/Consulting Contracts /Version: August 2021 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available Page 4 of 9 Professional/Consulting Contracts /Version: August 2021 to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related t o the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 Except if and to the extent that losses are caused by the negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. For the avoidance of doubt, in the event that a court or jury determines that liability with respect to any loss was caused or contributed to by the negligent act, error, omission or willful misconduct of the City or City personnel, liability will be apportioned between Consultant on the one hand and the City on the other hand with regard to such loss based upon the parties’ respective degrees of culpability, as determined by the court or jury, and Consultant’s duty to indemnify the Indemnitees will be limited accordingly. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must Page 5 of 9 Professional/Consulting Contracts /Version: August 2021 accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Page 6 of 9 Professional/Consulting Contracts /Version: August 2021 Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Cherie Walkowiak as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Harlan Sims as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. Page 7 of 9 Professional/Consulting Contracts /Version: August 2021 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. Page 8 of 9 Professional/Consulting Contracts /Version: August 2021 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Page 9 of 9 Professional/Consulting Contracts /Version: August 2021 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Demetra Farwell Secretary Aug 3, 2021 Demetra Farwell Christpher D. Jensen Greg Larson Aug 5, 2021 City Manager Greg Larson Aug 5, 2021 EXHIBIT A EXHIBIT B & C 1 EXHIBIT D INSURANCE REQUIREMENTS For Services and Activities Involving Children Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a) It shall be a requirement under this agreement 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 (1) the minimum coverage/limits specified in this agreement; or (2) 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 broad as ISO CG 20 10 04 13 c) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy 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 before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Sexual Abuse/ Molestation insurance or the equivalent are required for contracts involving children in after school activities, recreational programs, athletics, studies, transportation of students. Covers potential claims of abuse or child molestation. Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies in an amount of not less than $1,000,000 per occurrence ($2,000,000 aggregate) and $3,000,000 excess/umbrella coverage. 3. Automobile Liability: ISO Form Number CA 0001 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. (Note – required only if auto is used in performance of work; otherwise proof of personal auto liability policy may suffice) 2 4. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees). If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the 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. Waiver of Subrogation Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an AM Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. 3 Verification of Coverage Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Landmark American Insurance Company Mercer Insurance Company Berkshire Hathaway Homestate Ins Co Lexington Insurance Company 07/30/2021 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC 350 S Grand Ave, Ste 3410 Los Angeles, CA 90071 Nick Newell 949 425 7312 nick.newell@marshmma.com All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 33138 14478 20044 19437 A X X X LHA141591 08/01/2021 08/01/2022 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 B X X 20000000182 08/01/2021 08/01/2022 3,000,000 3,000,000 C N ALWC238792 01/01/2021 01/01/2022 X 1,000,000 1,000,000 1,000,000 D 1st Excess Layer 080877908 08/01/2021 08/01/2022 $1,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as additional insured as respects to General Liability per attached endorsement. Primary and Non-Contributory Wording applies per attached endorsement. Waiver of Subrogation applies to General Liability and Workers Compensation per attached endorsements. City of Cupertino 10300 Torre Ave. Cupertino, CA 95014-0000 1 of 1 #S8560860/M8560804 ALLCITYMANClient#: 475947 WOAQH 1 of 1 #S8560860/M8560804 INSURED: POLICY #: POLICY PERIOD: TO: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) 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 Where required by written agreement signed prior to loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. 1983 National Council on Compensation Insurance. All City Management Services, Inc. ALWC238792 01/01/2021 01/01/2022 POLICY NUMBER: SF17CGL019868IC INSURED: POLICY#: POLICY PERIOD: TO: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED 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): Location(s) Of Covered Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. . 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 All City Management Services, Inc. LHA141591 08/01/2021 08/01/2022 &200(5&,$/*(1(5$//,$%,/,7< &* 7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< &*‹,QVXUDQFH6HUYLFHV2IILFH,QF 3DJH RI 35,0$5<$1'121&2175,%8725< ±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ll City Management Services, Inc. LHA141591 08/01/2021 08/01/2022 LANDMARK AMERICAN 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Name of Person or Organization: Any person(s) or organization(s) required by written contract or agreement. SCHEDULE The following is added to SECTION IV – CONDITIONS,8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, “your product” or “your work” done under a written contract with that person or organization and included in the “product-completed operations hazard”. This waiver applies only to the person or organization shown in the SCHEDULE above. Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. RSG 14048 1008 INSURED: POLICY#:POLICY PERIOD: TO: All City Management Services, Inc. LHA141591 08/01/2021 08/01/2022 Confirmation of Coverage Dear: Esther Ceballos, Bolton & Company - Pasadena Date: Jul 13, 2021 Attached please find (Carrier/Mkt Co) quotation RPS has secured on your behalf for the above mentioned risk. Please review the attached and below carefully as coverage described herein may be different from the original application submitted, or prior policy if applicable. Insured: City of Cupertino DBA: Department of Recreation and Community Services, Public Works Department RPS Reference #: BK1366362A Mailing Address: 10185 N. Stelling Road, Cupertino,CA95014 Carrier: Underwriters at Lloyd's, London / Non-Admitted AM Best Rating: A XV Policy Number: MR214153 Policy Period: 7/1/2021 to 7/1/2022 Coverage: Special Casualty - Sexual Misconduct Limit: per Carrier terms attached Policy Premium: $31,500.00 Taxes: $1,023.75 (tax state Surplus Tax/Fee) Fees: (if any are fully earned) TRIA: Status: TOTAL: $32,523.75 Commission %: Minimum Earned Premium: 5% Home State: CA The State Surplus Lines Notice applies only if Insurance Carrier is shown as Non-Admitted in the Binder Information Section. Conditions/ Subjectivities: per Carrier terms attached Please see attached company quote for complete limits, terms, conditions, and exclusions. Please note: • You are responsible for reviewing and explaining the coverage to the client, including any options, available or not from our office. The terms hereon are not fully described and no assumption should be made as to the adequacy of the coverage of the risk to the client. • You are not an Agent of the insurer, and as such, cannot bind coverage nor make any commitments on behalf of the insurer, nor of us. This policy cannot be assigned to another without the written consent of the insurer or their Agent. • This document is intended for use as evidence that the insurance, as described herein, has been effected and shall be subject to all terms and conditions of policy(ies) which will be issued and that in the event of any inconsistency herewith, the terms and provisions of such policy(ies) shall prevail. • If this policy is issued on a non-admitted basis, your office is responsible for completing, collecting and delivery to RPS any required surplus lines forms, taxes and fees from the insured. RPS will remit the applicable taxes and forms to the state. If this policy is subject to the surplus lines laws in your state, you should make every effort to comply with any special provisions and regulations of your state. • By binding you commit to any provisions contained hereon, such as Minimum Earned Premiums. There are no flat cancellations allowed. • When requesting a policy change, addition, cancellation, endorsement, etc. you must provide every policy number/ coverage to which the request applies. • You are responsible for the issuance and review of Certificates of Insurance (COI). COIs cannot amend or alter the terms provided herein. • In the event of a claim please report immediately and visit the RPS Claims website: https://my.rpsins.com/claimsfnol • All premiums and any fees are due to RPS within 20 days of binding unless otherwise stipulated. Accounts with payments that are overdue and are not received within this time frame are subject to cancellation. If you have any questions, please feel free to call or email me. We look forward to our next opportunity to work with you. Sincerely, Shawn McCall Risk Placement Services, Inc. - PNP Phone: 630-773-3800 Email: shawn_mccall@rpsins.com CLAIMS MADE SEXUAL MISCONDUCT AND MOLESTATION INSURANCE Form: SML Safeguard Wording - 623AFB00213 Policy Number: TBA Renewal of: MR204153 Named Insured: City of Cupertino g Parks and Recreation Department, Public Works Department Principal Address: 10300 Torre Avenue, Cupertino, CA 95014 Policy Period:From: 1st July 2021 To: 1st July 2022 Both dates at 12:01 a.m. Local Time at the Principal Address stated in Item 1. Limit of Liability: a)USD 5,000,000 for all Claims for Wrongful Acts against any one Victim b)USD 5,000,000 for all Claims for Wrongful Acts against all Victims, but sub-limited to: c)USD 50,000 for all Safeguard Costs resulting from all Circumstances Such Sub-limit of Liability shall be part of, and not in addition to, the overall Limit of Liability stated in 3.b) above. Retention: USD 35,000 any one Victim Premium: USD 31,500 Notification pursuant to Clause IX. shall be given to: Claims Department Beazley 30 Batterson Park Road, Farmington, CT 06032. claims@beazley.com (860) 677 3765 (phone) (860) 679 0247 (fax) Retroactive Date: 1st July 2018 Pending or Prior Litigation Date: 1st July 2018 Service of Suit: Foley & Lardner LLP, 555 California Street, Suite 1700, San Francisco, CA 94104- Choice of Law: New York Conditions: Application Dated: TBA #California Surplus Lines Notice 1- LMA9098A California Complaints Notice - LMA9136A Small Additional or Return Premiums Clause (U.S.A.) g NMA 1168 Nuclear Incident Exclusion Clause-Liability-Direct g NMA 1256 Radioactive Contamination Exclusion Clause-Liability - NMA 1477 War and Terrorism Exclusion g NMA 2918 Several Liability Notice g LSW1001 Sanctions Limits Clause - LMA 3100 Beazley Safeguard Education Document Tysers Safeguard Enhancement Endorsement Cyber Acts Clarification Amended Definition of Independent Contractor Endorsement g as attached U.S Classification: Surplus Lines Broker and State filed in: Risk Placement Services, 2850 Golf Road, Rolling Meadows, IL 60008 License Number: 0C66724 State of Filing: CA Subject to: 1) Renewal application to be resigned and dated within 30 days of inception 2) Confirmation of the Surplus Lines Broker. Including name of individual, company name, address and license number. All subjectivities to be received within 7 working days of binding otherwise Underwriters reserve the right to amend terms or cancel ab initio. Brokerage: 20% or same net equivalent downwards, plus taxes as applicable Information: Employees g 294 Independent Contractors -70 Exposure Units g 97,000 Nature of Business g Municipality Cancellation by an Insured may result in a short rate calculation to determine the return premium, subject to 5% minimum earned of the total premium. 2nd Amendment with All City Management Services for Crossing Guard Services at Various School Locations in Cupertino Final Audit Report 2026-07-02 Created:2026-06-29 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAXavHqj1gEzxMgBwe7fr8WoChXDlFNs8l "2nd Amendment with All City Management Services for Crossin g Guard Services at Various School Locations in Cupertino" Hist ory Document created by Webmaster Admin (webmaster@cupertino.org) 2026-06-29 - 11:15:20 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2026-06-29 - 11:21:35 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2026-06-29 - 11:21:48 PM GMT- IP address: 34.229.150.60 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2026-06-30 - 2:47:46 PM GMT - Time Source: server- IP address: 71.198.170.154 Document emailed to aracelia@cupertino.org for approval 2026-06-30 - 2:47:53 PM GMT Email viewed by aracelia@cupertino.org 2026-06-30 - 2:48:00 PM GMT- IP address: 100.26.222.213 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-06-30 - 4:52:15 PM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-06-30 - 4:52:17 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Demetra Farwell (demetra@thecrossingguardcompany.com) for signature 2026-06-30 - 4:52:24 PM GMT Email viewed by Demetra Farwell (demetra@thecrossingguardcompany.com) 2026-06-30 - 5:31:10 PM GMT- IP address: 172.249.225.86 Document e-signed by Demetra Farwell (demetra@thecrossingguardcompany.com) Signature Date: 2026-06-30 - 5:42:55 PM GMT - Time Source: server- IP address: 172.249.225.86 - Signature Appearance Selected: IMAGE Document emailed to michaelw@cupertino.org for signature 2026-06-30 - 5:43:02 PM GMT Email viewed by michaelw@cupertino.org 2026-06-30 - 5:43:09 PM GMT- IP address: 54.88.30.41 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-06-30 - 6:52:56 PM GMT- IP address: 64.165.34.3 Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-06-30 - 6:52:58 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Document emailed to tinak@cupertino.org for signature 2026-06-30 - 6:53:05 PM GMT Email viewed by tinak@cupertino.org 2026-06-30 - 6:53:13 PM GMT- IP address: 34.228.30.236 Email viewed by tinak@cupertino.org 2026-07-01 - 5:19:09 PM GMT- IP address: 3.94.145.108 Email viewed by tinak@cupertino.org 2026-07-02 - 6:23:32 PM GMT- IP address: 107.22.142.55 Signer tinak@cupertino.org entered name at signing as Tina Kapoor 2026-07-02 - 6:24:57 PM GMT- IP address: 64.165.34.3 Document e-signed by Tina Kapoor (tinak@cupertino.org) Signature Date: 2026-07-02 - 6:24:59 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Document emailed to laurens@cupertino.org for signature 2026-07-02 - 6:25:06 PM GMT Email viewed by laurens@cupertino.org 2026-07-02 - 6:25:14 PM GMT- IP address: 54.85.107.63 Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-07-02 - 7:08:12 PM GMT- IP address: 64.165.34.3 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-07-02 - 7:08:14 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-07-02 - 7:08:14 PM GMT