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24-134 Bay Area International for document Translation ServicesBay Area International Translation Services, LLC
Page 1 of 9 Professional/Consulting Contracts /Version: April 2024
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Bay Area International Translation Services, LLC (“Contractor”), an S Corporation for
Document Translation Services, and is effective on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in
detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees
to carry out its work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
2.2 Contractor’s duties and services under this agreement shall not include preparing or
assisting the City with any portion of the City’s preparation of a request for proposals, request for
qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to
any subsequent phase of this project. Contractor’s participation in the planning, discussions, or
drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial
plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a
subsequent contract on any subsequent phase of this project have access to the same information,
including all conceptual, preliminary, or initial plans or specifications prepared by contractor
pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on December 31, 2024 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by December 31, 2024. 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.
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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
$19,481.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and
any of its employees, agents, and subcontractors shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall have
no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event
that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
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Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and
interest on such contributions, which would otherwise be the responsibility of City, and actual
attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential det ails 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.
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8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
Act, California Government Code section 6250 et seq. Contractor shall comply with all laws
regarding the retention of public records and shall make such records available to the City upon
request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
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(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
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
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creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of t he 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 Thomas Chin 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 Martin Iglesias 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.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the 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.
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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.
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:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Thomas Chin
Email: ThomasC@cupertino.org
To Contractor:
Bay Area International Translation Services, LLC
44240 Fremont Blvd
Fremont, CA 94538
Attention: Martin Iglesias
Email: info@docstranslate.com
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
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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
Nargis Radjapova
Owner
10/01/2024
Christopher D. Jensen
Tina Kapoor
Interim Assistant City Manager
10/01/2024
10/01/2024
Exhibit A
Exhibit A: Scope of Work
Contractor shall translate the following types of documents provided by the City:
• Public safety guidelines and initiatives
• Community outreach materials
• Informational brochures and fiyers
Contractor shall:
• Generate accurate and culturally appropriate translations for each language
• Maintain formatting and layout consistency with the original document(s)
• Proofread and edit all translations for quality assurance
• Deliver translated documents in editable and printable formats
Contractor shall provide professional translation services for the following languages:
• Spanish
• Traditional Chinese
• Vietnamese
• Tagalog
• Hindi
• Tamil
• Korean
• Armenian
Contractor shall translate a total of 23 documents into the above languages. The document flle
names and word counts are below:
File Name Word
Count
1-Block Leader HB 2195
2-Block Leaser Brochure 400
3-Built-A-Kit 606
4-Built-A-Kit (Flyer) 125
5-Combined Code of Conduct 234
6-Copy of Meet 6 710
7-Cupertino Block Leaders 267
8-Cupertino Go Kit 270
9-Hazard Dashboard 395
10-Meet 6 Neighbors Pledge 622
11-Personal Documents Checklist 470
12-Personalize Your Go Bag 165
13-Web Page Block Leaders 298
14-Web Page Block Party 497
15-Air Quality FAQ 181
16-Block Party Grant Application 466
17-Block Party Grant Summary 409
18-Block Party Permit Application 1338
19-Door Hangers Text 140
20-National Preparedness 758
21-Preparedness Info Web Page 5333
22-SCCSO Presentation 598
23-Web Page Neighborhood 463
TOTAL WORD COUNT 16,940
Exhibit B
Exhibit B: Schedule of Performance
Contractor shall perform translation services for the City of Cupertino beginning in September 2024
and ending June 30, 2025.
Exhibit C
Exhibit C: Cost Summary
The total not to exceed amount for this agreement is $19,481.00.
See details below for Pricing per Language:
Total documents to be translated: 23
Total word count: 16,940
Pricing per Language:
• Spanish $1,694.00
• Chinese (Traditional) $2,541.00
• Vietnamese $2,541.00
• Tagalog $2,541.00
• Hindi $2,541.00
• Tamil $2,541.00
• Korean $2,541.00
• Armenian $2,541.00
______________________________________________
TOTAL $19,481.00
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
1
Version: August 2024
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at
its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant'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
Form 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. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s
Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written
on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
2
Version: August 2024
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. 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. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-
VII or higher.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and 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 prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Included
Berkshire Hathaway Direct Insurance Company 10391
09/26/2024
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
X
X
X
N9BP785668 09/24/2024 09/24/2025A 5,000
1,000,000
50,000
2,000,000
2,000,000
Bay Area Intenational Translation Services LLC
44240 Fremont Blvd
Fremont, CA 94538
BIBERK
P.O. Box 113247
Stamford, CT 06911
Professional Liability (Errors &
Omissions): Claims-Made Per Occurrence/
Aggregate
203-654-3613844-472-0967
customerservice@biBERK.com
See attached Acord 101/Additional Remarks
X Pirmary & Non-Contributory X X
A
X
X
X
10,000
X X N9UM786019 09/24/2024 09/24/2025
1,000,000
1,000,000
National Liability & Fire Insurance Company 20052
B N9WC786178 09/24/2024 09/24/2025
X
1,000,000
1,000,000
1,000,000
N
N9PL786176 09/24/2024 09/24/2025 $ 2,000,000/
$ 2,000,000A
City of Cupertino, its officers, officials and employees are listed as additional insured as it pertains to general liability (see endorsement attached).
A waiver of transfer of rights exists on this policy as it pertains to general liability in favor of City of Cupertino, its officers, officials and employees (see
endorsement attached).
City of Cupertino, its officers, officials and employees are insured on the general liability policy on a primary and non-contributory basis (see endorsement
attached).
Umbrella policy follows form.
A Blanket Waiver of Subrogation exists on this policy as it pertains to worker's compensation (see endorsement attached).
X
Form_SCTNID_CTGRY.XX0316ACORD25_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSR
LTR
ADDL
INSD
SUBR
WVDTYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
OTHER:
PRO-
JECT LOC
AUTOMOBILE LIABILITY
ANY AUTO
OWNED AUTOS ONLY
HIRED AUTOS ONLY
SCHEDULED AUTOS
NON-OWNED AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N / A
POLICY NUMBER POLICY EFF POLICY EXP
(MM/DD/YYYY)(MM/DD/YYYY)LIMITS
$
$
$
$
$
$
$
EACH OCCURRENCE
DAMAGE TO RENTED
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PREMISES (Ea occurrence)
$
$
$
$
$
COMBINED SINGLE LIMIT
PROPERTY DAMAGE
BODILY INJURY (Per person)
(Ea accident)
BODILY INJURY (Per accident)
$
$
$
AGGREGATE
EACH OCCURRENCE
E.L. EACH ACCIDENT
INSURED
$
$
$E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
PER STATUTE OTH- ER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
© 1988-2015 ACORD CORPORATION. All rights reserved.
(Per accident)
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).
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.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
progressivecommercial@email.progressive.com
09/23/2024
1-800-444-4487
Nargis RADJAPOVA DBA: Premier Agent Network
569 Bell Ave
Livermore, CA 94550
Nargis RADJAPOVA DBA: Premier Agent
Network
569 Bell Ave
Livermore, CA 94550
Progressive Commercial Lines Customer and Agent Servicing
941551743748951101D092324T195718
LEGARRETA INSURANCE BROKERS
9401 E STOCKTON #145, ELK GROVE, CA 95624
United Financial Casualty Company 11770
A
X
X 980501714NN 04/26/2024 10/26/2024
100,000
A 980501714NN 04/26/2024 10/26/2024
See ACORD 101 for additional coverage details.$
Form_SCTNID_CTGRY.XX0108ACORD101_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA
LEGARRETA INSURANCE BROKERS
980501714
United Financial Casualty Company 11770
Nargis RADJAPOVA DBA: Premier Agent Network
569 Bell Ave
Livermore, CA 94550
04/26/2024
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY
POLICY NUMBER
CARRIER NAIC CODE
NAMED INSURED
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:25 FORM TITLE:Certificate of Liability Insurance
1 1
Additional Coverages
Insurance coverage(s) Limits……………………………………………………………………………………………………………………………………………………………………………………
Uninsured/Underinsured Motorist $100,000 Combined Single Limit
Liability coverage may not apply to all scheduled vehicles.
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
09/26/2024
Berkshire Hathaway Direct Insurance Company
X
X
*
* Business Income & Extra Expense is a combined limit on this policy.
0
009/24/2024 09/24/2025
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
N9BP785668
Bldg #001: Consultants - All Other - 4167702
Location: 44240 Fremont BlvdFremont, CA 94538
n/a
n/a
n/a
Bay Area Intenational Translation Services LLC
44240 Fremont Blvd
Fremont, CA 94538
BIBERK
P.O. Box 113247
Stamford, CT 06911
541930
250
(203) 654-3613
salessupport@biberk.com
(844) 472-0967
9,000
POLICY NUMBER: N9BP785668 BUSINESSOWNERS
BP 04 48 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 48 01 06 ISO Properties, Inc., 2004 Page 1 of 1
ADDITIONAL INSURED – DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
City of Cupertino ISAOA/ATIMA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph C. Who Is An
Insured in Section II – Liability:
3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, 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 omis-
sions or the acts or omissions of those acting on
your behalf in the performance of your ongoing
operations or in connection with your premises
owned by or rented to you.
POLICY NUMBER:N9BP785668 BUSINESSOWNERS
Date Processed: 09/26/2024 BP 12 01 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 12 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 2
BUSINESSOWNERS POLICY CHANGES
Bay Area Intenational Translation Services LLC
44240 Fremont Blvd
Fremont, CA 94538
THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW.
POLICY NUMBER
N9BP785668
POLICY CHANGES EFFECTIVE
09/26/2024
COMPANY
Berkshire Hathaway Direct Insurance
Company
NAMED INSURED
Bay Area Intenational Translation Services LLC
AUTHORIZED REPRESENTATIVE
CHANGES
Additional Insured - Designated Person or Organization
Added Name of Person or Organization: City of Cupertino ISAOA/ATIMA
Address: 10300 Torre Avenue
City: Cupertino
State: CA
Zip: 95014
Policy Forms
Added Additional Insured - Designated Person or Organization (BP 04 48 01 06)
Added Waiver Of Transfer Of Rights Of Recovery Against Others To Us (BP 04 97 01
06)
Added Primary and Noncontributory - Other Insurance Condition (BP 14 88 07 13)
Page 2 of 2 © ISO Properties, Inc., 2001 BP 12 01 07 02
POLICY AMOUNT AND PREMIUM ADJUSTMENT
Limits Of Insurance Premiums
Coverage
Description
Previous Limit
Of Insurance
New Limit
Of Insurance
Previous
Premium
New
Premium
Add'l Premium
Return Premium
Amount to Balance
Minimum Premium
$ 192.00 $ 176.00 $ -16.00
Primary and Non-
contributory - Other
Insurance Condi-
tion
$ $ 8.00 $ 8.00
Waiver Of Transfer
Of Rights Of Re-
covery Against
Others To Us
$ $ 8.00 $ 8.00
TOTAL PREMIUM ADJUSTMENTS
PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE
ADDITIONAL RETURN
$ 0.00 $ 0.00
REMOVAL
PERMIT
If Covered Property is removed to a new location that is described on this Policy Change, you may
extend this insurance to include that Covered Property at each location during the removal. Co v-
erage at each location will apply in the proportion that the value at each location bears to the value
of all Covered Property being removed. This permit applies up to 10 days after the effective date
of this Policy Change: after that, this insurance does not apply at the previous location.
POLICY NUMBER: N9BP785668 BUSINESSOWNERS
BP 04 48 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 48 01 06 ISO Properties, Inc., 2004 Page 1 of 1
ADDITIONAL INSURED – DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
City of Cupertino ISAOA/ATIMA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph C. Who Is An
Insured in Section II – Liability:
3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, 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 omis-
sions or the acts or omissions of those acting on
your behalf in the performance of your ongoing
operations or in connection with your premises
owned by or rented to you.
POLICY NUMBER: N9BP785668 BUSINESSOWNERS
BP 04 97 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 97 01 06 © ISO Properties, Inc., 2004 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESSOW NERS COVERAGE FORM
SCHEDULE
Name Of Person Or Organization:
City of Cupertino ISAOA/ATIMA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III – Common
Policy Conditions is amended by the addition of the
following:
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.
BUSINESSOWNERS
BP 14 88 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
The following is added to Paragraph H. Other
Insurance of Section III – Common Policy
Conditions 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.
BUSINESSOWNERS
BP 14 88 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
The following is added to Paragraph H. Other
Insurance of Section III – Common Policy
Conditions 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.
POLICY NUMBER: N9BP785668 BUSINESSOWNERS
BP 04 97 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 97 01 06 © ISO Properties, Inc., 2004 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESSOW NERS COVERAGE FORM
SCHEDULE
Name Of Person Or Organization:
City of Cupertino ISAOA/ATIMA
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III – Common
Policy Conditions is amended by the addition of the
following:
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.
1.00
Blanket Waiver - Any person or organization for whom the
Named Insured has agreed by written contract to furnish this
waiver.
All CA Operations
N9WC786178
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 00 80 11 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MPL 00 80 11 15 Page 1 of 1
BLANKET WAIVER OF SUBROGATION AS REQUIRED BY
CONTRACT CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
SECTION VI – GENERAL CONDITIONS, Section F
Subrogation and Recovery of the policy is amend-
ed to add the following additional paragraph after
F.2:
The Company hereby waives any of its rights to
pursue recovery in a subrogation action against
all clients of any Insured hereunder, where such
waiver of subrogation by the Company is a con-
tractual requirement for services performed un-
der a written agreement between an Insured
and any client of the Insured. This waiver of
subrogation rights by the Company shall apply
only with respect to clients of any Insured, and
not to others, associated with any Claim brought
against any Insured for services performed un-
der a written agreement between the client and
an Insured.
All other terms and conditions of this policy
remain unchanged.
Document Translation Services
Final Audit Report 2024-10-01
Created:2024-10-01
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAs_Cd0ufh8NeveBBkrGctGyW_4mS64dmk
"Document Translation Services" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-10-01 - 9:31:17 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-10-01 - 9:38:01 PM GMT
Email viewed by Araceli Alejandre (aracelia@cupertino.org)
2024-10-01 - 9:38:30 PM GMT- IP address: 3.232.50.116
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-10-01 - 9:55:59 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to Nargis Radjapova (info@docstranslate.com) for signature
2024-10-01 - 9:56:02 PM GMT
Email viewed by Nargis Radjapova (info@docstranslate.com)
2024-10-01 - 10:00:40 PM GMT- IP address: 107.116.89.86
Document e-signed by Nargis Radjapova (info@docstranslate.com)
Signature Date: 2024-10-01 - 11:11:46 PM GMT - Time Source: server- IP address: 99.73.161.138
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2024-10-01 - 11:11:49 PM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
2024-10-01 - 11:11:56 PM GMT- IP address: 3.232.50.116
Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
2024-10-01 - 11:25:00 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-10-01 - 11:25:02 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Tina Kapoor (tinak@cupertino.org) for signature
2024-10-01 - 11:25:05 PM GMT
Email viewed by Tina Kapoor (tinak@cupertino.org)
2024-10-01 - 11:25:25 PM GMT- IP address: 3.232.50.116
Document e-signed by Tina Kapoor (tinak@cupertino.org)
Signature Date: 2024-10-01 - 11:52:04 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-10-01 - 11:52:07 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-10-01 - 11:52:13 PM GMT- IP address: 3.232.50.116
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-10-01 - 11:53:19 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-10-01 - 11:53:19 PM GMT
