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HomeMy WebLinkAbout26-132 Kona Ice of Mountain View for 2026 Years of Service Employee LuncheonShaved Ice Food Truck for 2026 Years of Service Employee Luncheon 1 of 5 Services Agreement ($5,000) / April 2024 SERVICES AGREEMENT ($5,000 OR LESS) 1. Parties. This Agreement (“Agreement”) is made by and between the City of Cupertino, a municipal corporation (“City”) and Kona Ice of Mountain View (“Contractor”), a Limited Liability Company, and is effective on the last date signed below (“Effective Date”). 2. Services. Contractor agrees to provide the programs, classes or activities (“Services”) set forth in detail in the Scope of Services, attached and incorporated here 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. This Agreement begins on the Effective Date and ends on August 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit A. 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. The City’s designated supervisor for this Agreement may extend the Contract Time by up to six (6) months through a written amendment to this Agreement, provided such extension does not include additional contract funds. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed $1,125.00 (“Contract Price”), based upon the Scope of Services and the budget and rates included in Exhibit A. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Upon City approval of written invoices, Contractor will be paid as follows: (check one; cross out others): ☒ A lump sum amount of $1,125.00 which shall not exceed the Contract Price. ☐ At the rate of $_______ per hour for a total not to exceed the Contract Price. ☐ Based on the payment schedule included or attached to Exhibit A which shall not exceed the Contract Price. 5. Independent Contractor. 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, workers compensation or other benefits from the City. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 6. Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment Shaved Ice Food Truck for 2026 Years of Service Employee Luncheon 2 of 5 Services Agreement ($5,000) / April 2024 taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 7. Assignment. This Agreement is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 8. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor 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; Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement. 9. Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, 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. Shaved Ice Food Truck for 2026 Years of Service Employee Luncheon 3 of 5 Services Agreement ($5,000) / April 2024 10. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: 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. ☐ Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign the Affidavit of No Employees included in this Agreement. 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, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's 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. 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 the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 11. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment. 12. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves the right to terminate the Agreement and the remainder of the Services offered by Consultant without notice based upon Contractor’s cancellation of a Service (i.e., program, class or activity) without giving advance notice or obtaining written approval from City. 13. Governing Law. 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. 14. Entire Agreement. This Agreement represents the full and complete understanding of every kind or Shaved Ice Food Truck for 2026 Years of Service Employee Luncheon 4 of 5 Services Agreement ($5,000) / April 2024 nature between the Parties, and supersedes any other agreement or understanding, either oral or written, between the Parties. Any changes to 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. Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferred herein. 15. Services Coordinator. The Parties designate the following persons as Services Coordinators for this Agreement. Contractor’s designation and any substitution are subject to City approval. For City: For Contractor: Vanessa Guerra Simona Benjamin Human Resources Manager Owner VanessaG@cupertino.org sbenjamin@kona-ice.com 16. Contract Interpretation. There are no intended third party beneficiaries of this Agreement. Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. The headings in this Agreement are for convenience only. The Indemnification and Governing Law sections expressly survive this Agreement. 17. Severability. If a term or provision of the Agreement or its application to a particular situation is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in 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. 18. Notices. All notices, demands, requests, and approvals must be sent to the persons below in writing, and will be considered effective on the date of personal delivery, upon confirmation of delivery by a reputable overnight delivery service, on the fifth calendar day after deposit thereof in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino CA 95014 Attention: Vanessa Guerra Email: VanessaG@cupertino.org To Contractor: Kona Ice of Mountain View 18931 Bear Creek Rd, Los Gatos, CA 95033 Attention: Simona Benjamin Email: sbenjamin@kona-ice.com 19. Execution. Contractor’s signatory warrants that he or she is authorized to execute the Agreement and to legally bind 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. Shaved Ice Food Truck for 2026 Years of Service Employee Luncheon 5 of 5 Services Agreement ($5,000) / April 2024 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the Effective Date written above. CITY OF CUPERTINO A Municipal Corporation Kona Ice of Mountain View By: By: Name: Name: Title: Date: Title: Date: APPROVED AS TO FORM: By: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: By: LAUREN SAPUDAR City Clerk Date: Simona Benjamin (Aug 11, 2026 23:41:26 EDT) Simona Benjamin 08/11/2026 Simona Benjamin Owner Kirsten Squarcia Deputy City Manager 08/12/2026 08/12/2026 Exhibit A Exhibit A – Scope of Services, Schedule of Performance, and Compensation Contractor’s Services and Schedule of Performance: -Contractor will provide food truck services at the 2026 Cupertino Years of Service Employee Luncheon event at Blackberry Farm, 21979 San Fernando Ave., Cupertino, CA 95014 (“Event Location”) on August 20, 2026, from 11:30 a.m. to 1:00 p.m. (“Service Time”). The food truck will offer shaved ice desserts to the City staff in attendance. Contractor agrees to supply all necessary equipment, staff, and ingredients for this service. -Menu and Food Selection – Contractor will offer dessert foods such as shaved ice with various toppings. 180 12oz servings will be provided to event attendees. -Service Delivery – Contractor agrees to arrive at the Event Location before the scheduled Service Time, with food preparation and serving beginning at 11:30 a.m. and continuing until 1:00 p.m. Vendor will provide all necessary utensils, condiments, and packaging for the service. -Staffing – Contractor will be staffed with trained personnel capable of handling the cooking, food service, and customer interaction. -Setup and Breakdown – Contractor will be responsible for the setup and breakdown of the food truck and associated equipment. Any waste or leftover materials will be responsibly disposed of by the Contractor. -Permits and Licensing – Contractor will ensure all necessary health permits, business licenses, and insurance coverages are in place to operate the food truck during the event. Contractor’s Compensation: City agrees to guarantee the Contractor’s minimum sales requirement for the food truck service. This amount is set at $1,125 for the 180 12oz servings to be provided within the 1.5 hours of service. 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 7/24/2026 Cornerstone Insurance 5915 Centennial Cir Suite B Florence KY 41042-1293 Amie Turner 859.586.8580, Ext 114 amie@csins.com License#: 7222909 Great American Insurance Company 16691 DELULLC-01 Accelerant Specialty Insurance Co 16890DELUPAN LLC, DBA: Kona Ice of Mountain View 18931 Bear Creek Rd. Los Gatos CA 95033 Ohio Security Insurance Company 24082 Great American Alliance Company 26832 1160240689 A X 2,000,000 X 100,000 5,000 1,000,000 4,000,000 X Y N0512PK000008-00 6/5/2026 6/5/2027 4,000,000 B 1,000,000 X X X Y N0512CA000025-00 6/5/2026 6/5/2027 D X X 1,000,000UMBF3424576/5/2026 6/5/2027 1,000,000 C XXWS705643425/12/2026 5/12/2027 1,000,000 1,000,000 1,000,000 Certificate Holder is added as Additional Insured Where Required by Written Contract. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 3ROLF\1XPEHUN0512PK000008-00 POLICY NUMBER: N0512PK000008-00 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: N0512PK000008-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Cupertino Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. COMMERCIAL AUTO CA04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © Insurance Services Office, Inc., 2016 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured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© Insurance Services Office, Inc., 2019 Page 1 of 1 EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. Named Insured: Delupan LLC Endorsement Effective Date: 07/30/2026 SCHEDULE Number Of Days' Notice: 30 days City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Contract, Exhibit A, Insurance - Kona Ice - 08.20.2026 Yrs of Service Event Final Audit Report 2026-08-12 Created:2026-08-11 By:Andy Schramm (AndyS@cupertino.gov) Status:Signed Transaction ID:CBJCHBCAABAAy6RoBcxVCn-7-iBT_uUrdZA6PzNKUybN "Contract, Exhibit A, Insurance - Kona Ice - 08.20.2026 Yrs of S ervice Event" History Document created by Andy Schramm (AndyS@cupertino.gov) 2026-08-11 - 11:36:37 PM GMT Document emailed to Simona Benjamin (sbenjamin@kona-ice.com) for signature 2026-08-11 - 11:36:45 PM GMT Email viewed by Simona Benjamin (sbenjamin@kona-ice.com) 2026-08-12 - 3:40:38 AM GMT Document e-signed by Simona Benjamin (sbenjamin@kona-ice.com) Signature Date: 2026-08-12 - 3:41:26 AM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Michael Woo (MichaelW@cupertino.gov) for signature 2026-08-12 - 3:41:28 AM GMT Email viewed by Michael Woo (MichaelW@cupertino.gov) 2026-08-12 - 3:42:05 AM GMT Document e-signed by Michael Woo (MichaelW@cupertino.gov) Signature Date: 2026-08-12 - 5:09:42 AM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Kirsten Squarcia (KirstenS@cupertino.gov) for signature 2026-08-12 - 5:09:44 AM GMT Email viewed by Kirsten Squarcia (KirstenS@cupertino.gov) 2026-08-12 - 5:10:25 AM GMT Document e-signed by Kirsten Squarcia (KirstenS@cupertino.gov) Signature Date: 2026-08-12 - 4:36:12 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Lauren Sapudar (LaurenS@cupertino.gov) for signature 2026-08-12 - 4:36:14 PM GMT Email viewed by Lauren Sapudar (LaurenS@cupertino.gov) 2026-08-12 - 4:36:56 PM GMT Document e-signed by Lauren Sapudar (LaurenS@cupertino.gov) Signature Date: 2026-08-12 - 6:41:57 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Agreement completed. 2026-08-12 - 6:41:57 PM GMT