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21-242 Green Halo Systems, Technology Software As-A-Service
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TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND GREEN
HALO SYSTEMS, INC. FOR SOFTWARE-AS-A-SERVICE
THIS AGREEMENT (“Agreement”), by and between the CITY OF CUPERTINO, a
California municipal corporation ("City"), and Green Halo Systems, Inc. a Corporation
whose address is 2431 Zanker Rd , San Jose, CA 95131 ("Software Provider") (collectively
referred to as the “Parties”).
RECITALS:
The following Recitals are a substantive portion of this Agreement:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California.
B. Software Provider is specially trained, experienced, and competent to
perform the special services which will be required by this Agreement.
C. City and Software Provider desire to enter into an agreement for Software
Provider’s provision of software-as-a-service (SaaS) pertaining to City’s online systems.
Through this Agreement, Software Provider shall provide to City WasteTracking.com
City Tracker Portal to track construction related waste material diversion and our local
waste recovery and landfill facilities relating to the City’s network. The full scope of
services covered by this agreement is described in the attached Exhibit A: Service Level
Agreement (the “SLA”).
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on the last date signed below
(“Effective Date”). The term of this Agreement is 1 Year, unless the Agreement is
terminated prior thereto under the provisions of Section 16, below. The City’s
appropriate department head or the City Manager may extend the Term 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.
2. SCOPE OF SERVICES AND CONDITIONS THEREOF
Subject to the terms and conditions set forth in this Agreement, Software Provider
shall perform each and every service to the schedule of performance set forth in
the SLA (collectively “Services”), as described below.
A. Responsibilities of Software Provider. Software Provider shall provide the
software services as further described in the SLA. The Services provided under this
Agreement shall include (a) any software, plug-ins, or extensions related to the
Services or upon which the Services are based including any and all updates,
upgrades, bug fixes, dot releases, version upgrades, or any similar changes that may
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be made available to the Software Provider from time to time (the “Software”), (b)
any and all technical documentation necessary or use of the Services, in hard copy
form or online (the “Documentation”), (c) regular maintenance of Software
Provider’s system, and (d) other technology, user interfaces, know-how, and other
trade secrets, techniques, designs, inventions, data, images, text, content, APIs, and
tools provided in conjunction with the Services.
B. Equipment. If necessary to enable Software Provider to fulfill its obligations under
the SLA, Software Provider shall, at its sole cost and expense, furnish all facilities,
personnel and equipment to City necessary to provide the Services (the
“Equipment”). City agrees, if necessary, to install the Equipment at the location(s)
and in the manner specified by Software Provider and as directed by Software
Provider. Any Equipment installed by City is a part of the Service and loaned to
City by Software Provider, not sold. City agrees to return the Equipment to
Software Provider at the termination of this Agreement in an undamaged condition,
less ordinary wear and tear.
C. Registration. Prior to using the Services, City shall identify the administrative
users for its account (“Administrators”). Each Administrator will be provided an
administrator ID and password.
D. License Grant. Software Provider hereby grants City a license to use the Software
and the Documentation for the permitted purpose of accessing the Services.
E. Reservation of Rights and Data Ownership. City shall own all right, title, and
interest in its data that is related to the services provided by this contract. Software
Provider shall not access City user accounts or City data, except (1) as essential to
fulfillment of the objectives of this Agreement, (2) in response to service or
technical issues, or (3) at City’s written request.
F. Data Protection. In carrying out the Services, Software Provider shall endeavor
to protect the confidentiality of all confidential, non-public City data (“City Data”)
as follows:
1. Implement and maintain appropriate security measures to safeguard against
unauthorized access, disclosure, or theft of City Data in accordance with
recognized industry practice.
2. City Data shall be encrypted at rest and in transit with controlled access.
Unless otherwise stipulated, Software Provider is responsible for encryption
of the City Data.
3. Software Provider shall not use any City Data collected by it in connection
with the Service for any purpose other than fulfilling the obligations under
this Agreement.
G. Software Ownership. Software Provider owns the Services, Software,
Documentation, and any underlying infrastructure provided by Service Provider in
connection with this Agreement. City acknowledges and agrees that (a) the
Services, any Software, and Documentation are protected by United States and
international copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws, (b) Software Provider retains all right, title, and
interest (including, without limitation, all patent, copyright, trade secret, and other
intellectual property rights) in and to the Services, the Software, any
Documentation, any other deliverables, any and all related and underlying
technology and any derivative works or modifications of any of the foregoing,
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including, without limitation, (c) the Software and access to the Services are
licensed on a subscription basis, not sold, and City acquires no ownership or other
interest in or to the Services, the Software, or the Documentation other than the
license rights expressly stated herein, and (d) the Services are offered as an on-line,
hosted solution, and that City has no right to obtain a copy of the Services.
H. Restrictions. City agrees not to, directly or indirectl y,: (i) modify, translate, copy,
or create derivative works based on the Service or any element of the Software, (ii)
interfere with or disrupt the integrity or performance of the Services or the data
contained therein or block or disrupt any use or enjoyment of the Services by any
third party, (iii) attempt to gain unauthorized access to the Services or their related
systems or networks or (iv) remove or obscure any proprietary or other notice
contained in the Services, including on any reports or data printed from the
Services.
I. Security Incident. In the event a data breach occurs with respect to City Data,
Software Provider shall immediately notify the appropriate City contact by
telephone in accordance with the agreed upon security plan or security procedures
if it reasonably believes there has been a security incident. Software Provider shall
(1) cooperate with City to investigate and resolve the data breach, (2) promptly
implement necessary remedial measures, if necessary, and (3) document responsive
actions taken related to the data breach, including any post-incident review of
events and actions taken to make changes in business practices in providing the
services, if necessary.
J. Notification of Legal Requests. Software Provider shall contact City upon receipt
of any electronic discovery, litigation holds, discovery searches, and expert
testimonies related to City Data. Software Provider shall not respond to subpoenas,
service of process, and other legal requests related to City without first notifyin g
City, unless prohibited by law from providing such notice.
K. Access to Security Logs and Reports. Software Provider shall provide reports to
City in a format as specified in the SLA agreed to by both Software Provider and
City. Reports shall include latency statistics, user access, user access IP address,
user access history, and security logs for all City files related to this Agreement.
L. Responsibilities and Uptime Guarantee. Software Provider shall be responsible
for the acquisition and operation of all hardware, software, and network support
related to the services being provided. The technical and professional activities
required for establishing, managing and maintaining the environments are the
responsibilities of Software Provider. The system shall be available for City’s use
on a 24/7/365 basis (with agreed-upon maintenance downtime).
M. Subcontractor Disclosure. Software Provider shall identify all of its strategic
business partners related to services provided under this Agreement, including all
subcontractors or other entities or individuals who may be a party to a joint venture
or similar agreement with Software Provider, and who shall be involved in any
application development and/or operations.
N. Business Continuity and Disaster Recovery. Software Provider shall provide to
City a written business continuity and disaster recovery plan prior to or at the time
of execution of this agreement and shall ensure that it meets City’s recovery time
objective (RTO) of four (4) hours or less.
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O. Compliance with Accessibility Standards. Software Provider shall comply with
and adhere to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101).
P. Web Services. Software Provider shall use Web services exclusively to interface
with City Data in near real time when possible.
Q. Encryption of Data at Rest. Software Provider shall ensure hard drive encryption
consistent with validated cryptography standards as referenced in FIPS 140-2,
Security Requirements for Cryptographic Modules for all personal data, unless City
approves the storage of personal data on Software Provider’s portable device in
order to accomplish work as defined in the statement of work.
3. COMPENSATION TO SOFTWARE PROVIDER
Software Provider shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed Seven thousand eight hundred sixty
dollars ($7,860.00). The payments specified in this section shall be the only
payments to be made to Software Provider for services rendered pursuant to this
Agreement. Software Provider shall invoice City according to the following
schedule of milestones/deliverables:
Milestone/Deliverable Total Amount
Upon contract execution 7,860.00
City shall pay Contractor within thirty (30) days after receipt of Service Provider’s
invoice. City shall return to Contractor any payment request determined not to be a
proper payment request as soon as practicable, but not later than seven (7) days
after receipt, and shall explain in writing the reasons why the payment request is
not proper.
4. TIME IS OF THE ESSENCE
Software Provider and City agree that time is of the essence regarding the
performance of this Agreement.
5. LICENSES; PERMITS; ETC.
Software Provider represents and warrants to City that it has all licenses, permits,
qualifications, and approvals of whatsoever nature which are legally required to
carry out the purposes of this Agreement.
6. ASSIGNMENTS. Software Provider may assign, sublease, or transfer this
Agreement, or any interest therein, to a third party with the prior written consent
of City. Such consent shall not be unreasonably withheld. City’s withholding of
consent shall be deemed reasonable if it appears that the intended assignee in
question is not financially or technically capable of performing Software
Provider’s obligations under this Agreement, or if City has reason to conclude that
the proposed assignee is otherwise incapable of fulfilling Software Provider’s
duties hereunder.
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7. INDEPENDENT PARTIES
City and Software Provider intend that the relationship between them created by
this Agreement is that of independent contractor. No civil service status or other
right of employment will be acquired by virtue of Software Provider's services.
None of the benefits provided by City to its employees, including but not limited to
unemployment insurance, workers' compensation plans, vacation, and sick leave
are available from City to Software Provider, its employees, or agents. Software
Provider is not a "public official" for purposes of Government Code §§ 87200 et
seq.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Software Provider assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal or state rules and regulations.
Software Provider shall indemnify and hold City harmless from and against any
loss, damage, liability, costs, or expenses arising from any noncompliance of thi s
provision by Software Provider.
9. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination, Software
Provider agrees that neither it nor its employee or subcontractors shall harass or
discriminate against a job applicant, a City employee, or a citizen on the basis of
race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, sexual orientation, or any other protected class status.
Software Provider agrees that any and all violations of this provision shall
constitute a material breach of this Agreement. Software provider agrees to provide
records and documentation to the City on request necessary to monitor compliance
with this provision.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Software Provider agrees to, at its expense, defend and/or settle any claim made by
a third party against City alleging that the City's use of the Services infringes such
third party’s United States patent, copyright, trademark, or trade secret (an “IP
Claim”), and pay those amounts finally awarded by a court of competent
jurisdiction against City with respect to such IP Claim.
11. DUTY TO INDEMNIFY AND HOLD HARMLESS
Software Provider shall indemnify, defend, and hold harmless City and its officers,
officials, agents, employees, and volunteers from and against any and all liability,
claims, actions, causes of action, or demands whatsoever against any of them,
including for any injury to or death of any person or damage to property or other
liability of any nature, whether physical, emotional, consequential, or otherwise,
arising out of, pertaining to, or related to the performance of this Agreement by
Software Provider or Software Provider’s employees, officers, officials, agents, or
subcontractors, except where such liability arises solely as a result of the active
negligence or willful misconduct of City. Such costs and expenses shall include
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reasonable attorneys’ fees of counsel of City’s choice, expert fees, and all other
costs and fees of litigation.
Provider 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.
The provisions of this Section 11 survive the completion of the Services or
termination of this Agreement.
12. INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement, Software Provider shall furnish City with certificates showing the type,
amount, class of operations covered, effective dates, and dates of expiration of
insurance coverage in compliance with the requirements listed in Exhibit B.
Software Provider shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement.
B. Subrogation Waiver. Software Provider agrees that in the event of loss due
to any of the perils for which it has agreed to provide comprehensive general and
automotive liability insurance, Software Provider shall look solely to its insurance
for recovery. Software Provider hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either
Software Provider or City with respect to the services of Software Provider herein,
a waiver of any right to subrogation which any such insurer of said Software
Provider may acquire against City by virtue of the payment of any loss under such
insurance.
13. RECORDS
Software Provider shall maintain internal records reflecting that the Services were
performed by Software Provider hereunder in accordance with customary
recordkeeping practices in the software development industry. Software Provider
shall provide free access to such records to the representatives of City or its
designee’s at all reasonable and proper times, and gives City the right to examine
and audit same, and to make transcripts therefrom as necessary. No such
examination and audit shall give City the right to access records relating to other
Software Provider customers. Such records shall be maintained for a period of four
(4) years after Software Provider receives final payment from City for all services
required under this Agreement.
14. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code,
and this Agreement will terminate without any penalty (a) at the end of any fiscal
year in the event that funds are not appropriated for the following fiscal year, or (b)
at any time within a fiscal year in the event that funds are only appropriated for a
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portion of the fiscal year and funds for this Agreement are no longer available. This
Section shall take precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
15. NOTICES
All notices, requests, and approvals must be sent to the persons below in writing to
the persons below, and will be considered effective on the date of personal delivery,
the delivery date confirmed by a reputable overnight delivery service, on the fifth
(5th) calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Attention: Bill Mitchell
TO SOFTWARE PROVIDER:
Green Halo Systems, Inc.
2431 Zanker Rd.
San Jose, CA 95131
Attention: Manny Mendoza
16. TERMINATION
A. Basis for Termination. In the event Software Provider fails or refuses to
perform any of the provisions hereof at the time and in the manner required
hereunder, Software Provider shall be deemed in default in the performance of this
Agreement. If Software Provider fails to cure the default within the time specified
and according to the requirements set forth in City’s written notice of default, and
in addition to any other remedy available to the City by law, the City Manager or
her designee may terminate the Agreement by giving Software Provider written
notice thereof, which shall be effective immediately. The City Manager or her
designee shall also have the option, at her sole discretion and without cause, of
terminating this Agreement by giving seven (7) calendar days' prior written notice
to Software Provider as provided herein. Upon receipt of any notice of termination,
Software Provider shall immediately discontinue performance.
B. Pro Rata Payments. City shall pay Software Provider for services
satisfactorily performed up to the effective date of termination. In such event, a
calculation of the amounts due shall be deemed correct as computed on a pro rata
basis with compensation provided for the period of service paid as a percentage of
the total contract amount.
C. Handling of City Data. In the event of a termination of this Agreement,
Software Provider shall implement an orderly return of City data in a CSV or
another mutually agreeable format at a time agreed to by the parties and the
subsequent secure disposal of City data. During any period of service suspension,
Software Provider shall not take any action to intentionally erase any City data for
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a period of thirty (30) days after the effective date of termination, unless authorized
by City. City shall be entitled to any post-termination assistance generally made
available with respect to the Services; unless a unique data retrieval arrangement
has been established as part of the SLA. Software Provider shall securely dispose
of all requested data in all of its forms, including disk, CD/DVD, backup tape, and
paper, when requested by City. Data shall be permanently deleted and shall not be
recoverable, according to National Institute of Standards and Technology (NIST)-
approved methods. Certificates of destruction shall be provided to City.
17. WARRANTY AND WARRANTY DISCLAIMER
Software Provider warrants that, (i) the Services shall be provided in a diligent,
professional, and workmanlike manner in accordance with industry standards, (ii)
the Services provided under this Agreement do not infringe or misappropriate any
intellectual property rights of any third party, and (iii) the Services shall
substantially perform in all material respects as described in the SLA. In the event
of any breach of section (iii), above, Software Provider shall, as its sole liability
and as City’s sole remedy, repair or replace the Services that are subject to the
warranty claim at no cost to City, or if Software Provider is unable to repair or
replace, then it will refund any pre-paid fees for services not rendered. Except for
the warranty described in this section, the Services are provided without warranty
of any kind, express or implied, including, but not limited to, the implied warranties
or conditions of design, merchantability, fitness for a particular purpose, and any
warranties of title and non-infringement.
18. COMPLIANCE
Software Provider shall comply with all state or federal laws and all ordinances,
rules, policies, and regulations enacted or issued by City.
19. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of
laws of another jurisdiction. Any suits brought pursuant to this Agreement shall be
filed with the Superior Court for the County of Santa Clara, State of California.
20. ADVERTISEMENT
Software Provider shall not post, exhibit, or display, or allow to be posted,
exhibited, or displayed, any signs, advertising, show bills, lithographs, posters, or
cards of any kind pertaining to the services performed under this Agreement unless
prior written approval has been secured from City to do otherwise.
21. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions hereof. Any modification
of this Agreement will be effective only by written execution signed by both City
and Software Provider. In the event that any Service Level Agreement, Exhibit,
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associated instrument, or agreement executed by the Parties in conjunction with
this Agreement or prior thereto contains a term that conflicts with the terms of this
Agreement, the terms of this Agreement shall govern and supersede any other
document or Exhibit.
22. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By ___________________
Title ___________________
Date __________________
APPROVED AS TO FORM:
_________________________
Christopher D. Jensen
City Attorney
ATTEST:
__________________________
City Clerk
__________________________
Date
SOFTWARE PROVIDER
Green Halo Systems, Inc.
By ___________________
Title ___________________
Date __________________
Dean Rodatos
President
Nov 2, 2021
Christopher D. Jensen
Nov 2, 2021
IT Manager, Applications
Nov 2, 2021
1 | P a g e
Proposal for city of Cupertino 9/22/2021
Alex Wykoff
Environmental Program Specialist
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
P: (408) 777-3255 | Email: AlexW@cupertino.org
Web Site: https://www.cupertino.org/
WasteTracking.com powered by Green Halo Systems
2431 Zanker Rd
San Jose, CA 95131
Office: 1. 888. 525. 1301
Fax: 1. 408. 713. 6070
Email: info@wastetracking.com
2 | P a g e
Green Halo Systems is proud to introduce its new platform WasteTracking.com. WasteTracking.com will
provide municipalities and government agencies with a completely customizable waste tracking system that
will give cities and government agencies all the functions and features Green Halo plus additional advanced
next generation tracking features that further enhance a city’s ability to track, monitor and report waste
flows from construction projects throughout their jurisdictions. This cloud based waste diversion and
tracking system for construction and demolition debris, will include the following:
Current System Functionality:
Current City Tracker features include the following functions:
• Completely paperless system
• Set custom diversion requirements for your City
• Monitor waste management plans generated by contractors
• Track waste and recycling activity on all projects
• Real time City diversion rates and information
• View real time Carbon Footprint reduction from your City’s recycling program
• Use Report generator for creating comprehensive reports & Statistics
• View your City’s recycling trends by material, project type, construction type and more
• Export Data to Excel & Other Formats
• Organize all your construction projects and their recycling receipts in one place
• Track Hauler Activity & Facilities Used
• Integrate into your permitting software Multi-User Interface
• Data Share Interface
• Anytime anywhere mobile access from any mobile device
• No Installations, No Downloads
• Automatic Back Ups & Upgrades Tech Support &Training included
3 | P a g e
City Tracker System Features:
WasteTracking.com next generation tracking system includes all of the following features and
your own City Tracker web site (Exhibit A):
• Exclusive WasteTracking.com portal that acts as your city’s standalone waste tracking
portal with customizable graphics and color schemes to match your city’s look and feel.
• Unique city domain, MyCityName.WasteTracking.com that serves as a single point of
contact for clients and city officials.
• Real Time Municipal Transparency Display that showcases your city’s Recycling,
Carbon Footprint and Material statistic totals.
• API Connectivity that connects directly into your permitting software to expedite the
waste management plan process while streamlining review and permit close out.
• Scale House Integration connects contractors and recycling facilities to the city’s
WasteTracking.com platform eliminating the need for paper tickets and simplifying the
reporting process. (integration fees apply per facility).
• City Track Mobile App connects contractors and their subcontractors to their projects
via their mobile devices allowing for clear communication of the projects waste
management requirements and easy one touch easy upload of recycling tickets. A
completely paperless reporting system.
• Smart City = Smart Waste – cities can quickly and easily implement waste tracking
programs for tracking any waste stream, from construction to school systems, from
office buildings to restaurants you can implement a recycling program and track any
waste stream with a click of your mouse.
4 | P a g e
WasteTracking.com City Tracker Portal Package
Showcase your city’s recycling efforts. The City Tracker Portal has all the same waste tracking features
as the standard Project Tracker but in addition includes a customizable standalone “Portal” to showcase
your city’s recycling statistics and create a single point of communication for all contractors, haulers and
city officials to interact. The City Tracking Portal includes:
Unique City Domain:
Cupertino.WasteTracking.com
Fee: Included, No Charge
City Tracker Portal: (see exhibit below) - One Time Set Up Fee $3,000 (Discounted)
• City Tracker waste tracking portal. Allows contractors to create waste management plans
through your custom city portal
• Display city overall recycling statistics and information, carbon footprint savings and materials
recycled for all city projects combined.
• Ticket Upload Function allows contractors, subcontractors and haulers to direct upload
recycling information
• City Stats in to review detailed recycling reports on projects
• Public Face Page that allows the public to view basic recycling and carbon footprint stats along
with Social Media interaction
• Customization: Main picture control and color scheme
Monthly Hosting: $99 per month
Web site hosting and maintenance. Includes tech support and training.
Access Fee: $180 per month ($3 per 1,000 residents)
Based on residential population for Cupertino, CA of 60,000.
System Options:
API Permitting Software Integration: $1,500 one-time setup fee (optional)
Note: Using Accela Permitting Software which is one of our business partners for API integration.
5 | P a g e
Technical Specifications
Records Retention
WasteTracking.com is deployed on a Linux (or Mac OS)/Apache/MySql/PHP redundant
(at least two locations in separate counties) on a dedicated server infrastructure.
All data is stored in at least two secure locations. Sensitive data such as passwords are
additionally encrypted on the server.
Any data lost on one system, shall be recoverable within one business day.
Each server has external hard drives attached to the system with remote power switching to
the external drives. When the backup takes place, the hard drives attached to the server that
is powered up. We then create an incremental backup of the entire drive. Once the backup is
complete, that hard drive is then powered down for additional safety. The external hard drives
are bootable allowing for fast recovery.
All data transactions will occur over a 256-bit SSL encrypted link.
Access to Data
GHS provides the user with the ability to download standard and customized reports in .csv
format for use in other software. These features allow for: data sorting, research and
tracking on materials recycled, salvaged & disposed, construction types, building types,
recycling facilities, contractors and much more, all available at any time.
Technical Support
Technical support is free to the client during normal business hours Monday thru Friday.
Training
Training is provided free of charge to at least one designated staff member.
Our training staff is available and able to provide training to multiple jurisdictions and users
simultaneously.
We will also provide free online training tutorials.
Timing
The system can be up and running within 7 days of signing this agreement.
6 | P a g e
Requirements
WasteTracking.com will require from cities all city logos and art work necessary to match
current web site look and feel. WasteTracking.com will require from city a designated point
of contact that can approve and make decisions to complete the development of the site in a
timely manner. Any changes or delays are subject to change orders and additional fees.
Term
This agreement is for a 3-year term, unless otherwise specified.
Summary of Charges
Required Charges
WasteTracking.com City Tracker Template
Waste tracking system and city template
$3,000 one-time setup fee
(Discounted)
Hosting
Hosting and maintenance
$99 per month
By Population Charge
Monthly city fee for servicing its residents (60,000 residents)
$180 per month ($3 per
1,000 residents)
API Connection to Permitting Software
Allows cities to integrate waste tracking into permitting software
(Accela API)
$1,500 one-time
(optional)
Required Charges – Optional Charges
Approval of Proposal
Please sign below to engage WasteTracking.com and secure your position in the
development schedule. Development will begin upon receipt of deposit.
______________________________ Date: ________________
Signature
______________________________
Printed Name
Nov 2, 2021
Nidhi Mathur
7 | P a g e
“Exhibit A”
Your City Tracker Portal Includes:
Contract No. ________
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Exhibit B: Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
1.MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
Additional Insureds:
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
Commercial General Liability and Cyber 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
Software Provider’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.
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.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Software Provider, its employees, agents, and subconsultants.
General Liability:
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 Software Provider’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 01 (04/13).
Contract No. ________
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 Agreement. 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.
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.
Cyber Liability:
Insurance, with limits not less than:
$2,000,000 each occurrence
$2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Software Provider in this Agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, alteration of electronic information,
extortion, and network security. The policy shall provide coverage for breach response costs as
well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
If the Software Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Software Provider . Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
2. ABSENCE OF INSURANCE COVERAGE.
City may direct Software Provider to immediately cease all activities with respect to this
Agreement if it determines that Software Provider fails to carry, in full force and effect, all
insurance policies with coverages at or above the limits specified in this Agreement. At the
City’s discretion, under conditions of lapse, Cit y may purchase appropriate insurance and charge
all costs related to such policy to Software Provider.
3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and completed coverage verification shall be
provided to City by each of Software Provider's insurance companies as evidence of the
stipulated coverages prior to the Commencement Date of this Agreement, and annually
thereafter for the term of this Agreement. All of the insurance companies providing insurance
for Software Provider shall be licensed to do insurance business in the State of California and shall
have, and provide evidence of, a Best Rating Service rate of A:VII or above.
Page 2 of 3
Contract No. ________
Page 3 of 3
4. SUBCONTRACTORS
Software Provider 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.
5.HIGHER INSURANCE LIMITS
If Software Provider 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 Software
Provider .
6.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.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
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)
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
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
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 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.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/25/2021
License # 0757776
(415) 512-2100 (415) 512-1115
11000
Green Halo Systems Inc
Attn: Dean Rodatos
2431 Zanker Road
San Jose, CA 95131
34690
37540
A 2,000,000
X X 57SBABA7049 7/26/2021 7/26/2022 1,000,000
10,000
2,000,000
4,000,000
4,000,000
2,000,000A
57SBABA7049 7/26/2021 7/26/2022
B
X 57WECDI8380 7/26/2021 7/26/2022 1,000,000
N 1,000,000
1,000,000
C Cyber and Tech E&O V1654D210801 9/10/2021 25K Ret each claim 2,000,000
Revised 10/25/2021 - This certificate rescinds and supersedes any and all prior certificates issued on behalf of the Named Insured.
City of Cupertino, it's City Council, officers, officials, employees, agents, servants, volunteers are Additional Insured with regard to General Liability when
required by written contract per the attached endorsement form SS0008 04/05, Waiver of Subrogation included. Waiver of Subrogation with regard to Workers
Compensation applies when required by written contract per the attached endorsement form WC990303B (Ed. 8/00).
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
GREEHAL-01 PGOWDA
HUB International Insurance Services Inc.
580 California Street Suite 1300
San Francisco, CA 94104
Nancy Adams
Cal.CPU@Hubinternational.com
Sentinel Insurance Company, Ltd.
Hartford Property and Casualty
Beazley Insurance Company
X
9/10/2022
X
X
X X
Insured: Green Halo Systems Inc
Policy number: 57SBABA7049
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 1 of 6
Process Date:06/16/21 Policy Expiration Date:07/26/22
© 2000, The Hartford
WORKERS’ COMPENSATION BROAD FORM ENDORSEMENT
EXTENDED OPTIONS
Policy Number:57 WEC DI8380 Endorsement Number:
Effective Date:07/26/21 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:GREEN HALO SYSTEMS, INC.
2431 ZANKER RD
SAN JOSE CA 95131
Section I of this endorsement expands coverage provided under WC 00 00 00.
Section II of this endorsement provides additional coverage usually only provided by endorsement.
Section III of this endorsement is a Schedule of Covered States.
You may use the index to locate these coverage features quickly:
INDEX
SUBJECT PAGE SUBJECT PAGE
SECTION I
PARTS ONE and TWO
01 We Will Also Pay
PART - THREE
02 How This Insurance Works
PART - SIX
03 Transfer of Your Rights and Duties
04 Liberalization
SECTION II
VOLUNTARY COMPENSATION
INSURANCE
05 Voluntary Compensation Insurance
A. How This Insurance Applies
B. We Will Pay
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Employers’ Liability Insurance
EMPLOYERS’ LIABILITY STOP GAP
ENDORSEMENT
06 Employers’ Liability Stop Gap
Coverage
A. Stop Gap Coverage Limited to
Montana, North Dakota, Ohio,
Washington, West Virginia and
Wyoming
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
B. Part One Does Not Apply
C. Application of Coverage
D. Additional Exclusions
E. West Virginia
EXTENDED OPTIONS
01 Employers’ Liability Insurance
02 Unintentional Failure to Disclose
Hazards
03 Waiver of Our Right to Recover from
Others
04 Foreign Voluntary Compensation
A. How This Reimbursement Applies
B. We Will Reimburse
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Reimbursement For Actual Loss
Sustained
G. Repatriation
H. Endemic Disease
05 Longshore and Harbor Workers’
Compensation Act Coverage
Endorsement
SECTION III
01 Schedule of Covered States
3
3
3
3
4
4
4
4
4
4
4
4
5
5
5
5
5
5
6
6
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 2 of 6
SECTION I
PARTS ONE and TWO
1. WE WILL ALSO PAY
D. We Will Also Pay of Part One (WORKERS’
COMPENSATION INSURANCE); and
E. We Will Also Pay of Part Two
(EMPLOYERS’ LIABILITY INSURANCE) is
replaced by the following:
We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this insurance,
as part of any claim, proceeding, or suit we
defend:
1. reasonable expenses incurred at our
request,INCLUDING loss of earnings;
2. premiums for bonds to release
attachments and for appeal bonds in
bond amounts up to the limit of our
liability under this insurance;
3. litigation costs taxed against you;
4. interest on a judgment as required by law
until we offer the amount due under this
law; and
5. expenses we incur.
PART THREE
2. How This Insurance Applies
Paragraph 4.of A. How This Insurance Applies of
Part 3 (Other States Insurance) is replaced by the
following:
4. If you have work on the effective date of this
policy in any state not listed in Item 3.A. of the
Information Page, coverage will not be afforded
for that state unless we are notified within sixty
days.
PART SIX
3. Transfer Of Your Rights and Duties
C. Transfer Of Your Rights and Duties of Part 6
(Conditions) is replaced by the following:
Your rights or duties under this policy may not be
transferred without our written consent.
If you die and we receive notice within sixty days
after your death, we will cover your legal
representative as insured.
4. Liberalization
If we adopt a change in this form that would broaden
the coverage of this form without extra charge, the
broader coverage will apply to this policy. It will apply
when the change becomes effective in your state.
SECTION II
VOLUNTARY COMPENSATION ANDEMPLOYERS’
LIABILITY COVERAGE
5. Voluntary Compensation Insurance
A. How This Insurance Applies
This insurance applies to bodily injury by
accident or bodily injury by disease. Bodily
injury includes resulting death.
1. The bodily injury must be sustained by
any officer or employee not subject to the
workers’ compensation law of any state
shown in Item 3.A. of the Information
Page.
2. The bodily injury must arise out of and in
the course of employment or incidental to
work in a state shown in Item 3.A. of the
Information Page
3. The bodily injury must occur in the United
States of America, its territories or
possessions, or Canada, and may occur
elsewhere if the employee is a United States
or Canadian citizen, or otherwise legal
resident, and legally employed, in the United
States or Canada and temporarily away from
those places.
4. Bodily injury by accident must occur during
the policy period.
5. Bodily injury by disease must be caused or
aggravated by the conditions of the
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 3 of 6
officer’s or employee’s employment. The
officer’s or employee’s last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease
must occur during the policy period.
B. We Will Pay
We will pay an amount equal to the benefits
that would be required of you as if you and
your employees were subject to the workers’
compensation law of any state shown in Item
3.A. of the Information Page. We will pay
those amounts to the persons who would be
entitled to them under the law.
C. Exclusion
This insurance does not cover:
1. any obligation imposed by workers’
compensation or occupational disease
law or any similar law.
2. bodily injury intentionally caused or
aggravated by you.
3. officers or employees who have elected
not to be subject to the state workers’
compensation law.
4. partners or sole proprietors not covered
under the Standard Sole Proprietors,
Partners, Officers and Others Coverage
Endorsement.
D. Before We Pay
Before we pay benefits to the persons
entitled to them, they must:
1. Release you and us, in writing, of all
responsibility for the injury or death.
2. Transfer to us their right to recover from
others who may be responsible for the
injury or death.
3. Cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits of this
insurance fail to do those things, our duty to
pay ends at once. If they claim damages
from you or from us for the injury or death,
our duty to pay ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persons entitled to it
If the persons entitled to the benefits of this
insurance make a recovery from others, they
must reimburse us for the benefits we paid them.
F. Employers’ Liability Insurance
Part Two (Employers’ Liability Insurance) applies
to bodily injury covered by this endorsement as
though the State of Employment was shown in
Item 3.A. of the Information Page.
This provision 5. does not apply in New Jersey or
Wisconsin.
EMPLOYERS’ LIABILITY STOP GAP COVERAGE
6. Employers’ Liability Stop Gap Coverage
A. This coverage only applies in Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.
B. Part One (Workers’ Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.
C. Part Two (Employers’ Liability Insurance) applies
in the states, shown in Paragraph A., as though
they were shown in Item 3.A. of the Information
Page.
D. Part Two, Section C.Exclusions is changed by
adding these exclusions.
This insurance does not cover;
5. bodily injury intentionally caused or
aggravated by you or in Ohio bodily injury
resulting from an act which is determined by
an Ohio court of law to have been committed
by you with the belief than an injury is
substantially certain to occur. However, the
cost of defending such claims or suits in Ohio
is covered.
13. bodily injury sustained by any member of the
flying crew of any aircraft.
14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to penalty
because of default in premium under the
provisions of the workers’ compensation law
or laws of a state shown in Paragraph A.
E. This insurance applies to damages for which you
are liable under West Virginia Code Annot. S 23-
4-2.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 4 of 6
EXTENDED OPTIONS
1. Employers’ Liability Insurance
Item 3.B.of the Information Page is replaced by
the following:
B. Employers’ Liability Insurance:
1.Part Two of the policy applies to work in
each state listed in Item 3.A.
The Limits of Liability under Part Two are
the higher of:
Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $500,000 Policy Limit
Bodily Injury
by Disease $500,000 Each Employee
OR
2. The amount shown in the Information
Page.
This provision 1 of EXTENDED OPTIONS does
not apply in New York because the Limits Of Our
Liability are unlimited.
In this provision the limits are changed from
$500,000 to $1,000,000 in California.
2. Unintentional Failure to Disclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.
3. Waiver of Our Right To Recover From Others
A. 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 any person or organization for whom
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
agreement.
B. This provision 3. does not apply in the states
of Pennsylvania and Utah.
4. Foreign Voluntary Compensation and Employers’
Liability Reimbursement
A. How This Reimbursement Applies
This reimbursement provision applies to bodily
injury by accident or bodily injury by disease.
Bodily injury includes resulting death.
1. The bodily injury must be sustained by an
officer or employee.
2. The bodily injury must occur in the course of
employment necessary or incidental to work
in a country not listed in Exclusion C.1. of this
provision.
3. Bodily injury by accident must occur during
the policy period.
4. Bodily injury by disease must be caused or
aggravated by the conditions of your
employment. The officer or employee’s last
exposure to those conditions of your
employment must occur during the policy
period.
B. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:
1. voluntary payments for the benefits that
would be required of you if you and your
officers or employees were subject to any
workers’ compensation law of the state of
hire of the individual employee.
2. sums to which Part Two (Employers’ Liability
Insurance) would apply if the Country of
Employment were shown in Item 3.A. of the
Information Page.
C. Exclusions
This insurance does not cover:
1. any occurrences in the United States,
Canada, and any country or jurisdiction
which is the subject of trade or economic
sanctions imposed by the laws or regulations
of the United States of America in effect as of
the inception date of this policy.
2. any obligation imposed by a workers’
compensation or occupational disease law,
or similar law.
3. bodily injury intentionally caused or
aggravated by you
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 5 of 6
4. liability for any consequence, whether
direct or indirect, of war, invasion, act of
Foreign enemy, hostilities (whether war
be declared or not), civil war, rebellion,
revolution, insurrection or military or
usurped power. No endorsement now or
subsequently attached to this policy shall
be construed as overriding or waiving
this limitation unless specific reference is
made thereto.
D. Before We Pay
Before we reimburse you for the benefits to
the persons entitled to them, you must have
them:
1. release you and us, in writing, of all
responsibility for the injury or death,
2. transfer to us their right to recover from
others who may be responsible for their
injury or death,
3. cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits paid fail
to do these things, our duty to reimburse
ends at once. If they claim damages from us
for the injury or death, our duty to reimburse
ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we reimbursed.
We will pay the balance to the persons
entitled to it. If persons entitled to the
benefits make a recovery from others, they
must repay us for the amounts that we have
reimbursed you.
F. Reimbursement for Actual Loss
Sustained
This endorsement provides only for
reimbursement for the loss you actually
sustain. In order for you to recover loss or
expenses under this reimbursement you
must:
1. actually sustain and pay the loss or
expense in money after trial, or
2. secure our consent for the payment of
the loss or expense.
G. Repatriation
Our reimbursement includes the additional
expenses of repatriation to the United States
of America necessarily incurred as a direct result
of bodily injury.
Our reimbursement shall be limited as follows:
1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee if in good health, or
2. in the event of death, to the amount by which
such expenses exceed the normal cost of
returning the officer or employee if alive and
in good health.
In no event shall our reimbursement exceed the
bodily injury by accident limit shown in Item 3.B.
of the Information Page as respects any one
such officer or employee whether dead or alive.
H. Endemic Disease
The word “disease” includes any endemic
diseases.
The coverage applies as if endemic diseases
were included in the provisions of the workers’
compensation law.
5. Longshore and Harbor Workers’ Compensation
Act Coverage
General Section C. Workers’ Compensation Law
is replaced by the following:
C. Workers’ Compensation Law
Workers’ Compensation Law means the workers
or workers’ compensation law and occupational
disease law of each state or territory named in
Item 3.A. of the Information Page and the
Longshore and Harbor Workers’ Compensation
Act (33 USC Sections 901-950). It includes any
amendments to those laws that are in effect
during the policy period. It does not include any
other federal workers or workers’ compensation
law, other federal occupational disease law or the
provisions of any law that provide
nonoccupational disability benefits.
Part Two (Employers’ Liability Insurance), C.
Exclusions, exclusion 8, does not apply to work
subject to the Longshore and Harbor Workers’
Compensation Act.
This coverage does not apply to work subject to
the Defense Base Act, the Outer Continental
Shelf Lands Act, or the Nonappropriated Fund
Instrumentalities Act.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 6 of 6
SECTION III
1. SCHEDULE OF COVERED STATES
A. This endorsement only applies in the states
listed in this Schedule of Covered States.
B. If a state, shown in Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement will
apply to this policy. The coverage will apply in
the new state on the effective date of the state
approval
C. Schedule of Covered States:
CA
Countersigned by
Authorized Representative
WasteTracking.com City Tracker Portal
Final Audit Report 2021-11-02
Created:2021-11-01
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAo4nMecy7GfrfJI6RbqTfN7jBWOX8kBaR
"WasteTracking.com City Tracker Portal" History
Document created by City of Cupertino (webmaster@cupertino.org)
2021-11-01 - 9:05:37 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2021-11-01 - 9:10:57 PM GMT
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Approval Date: 2021-11-01 - 10:26:58 PM GMT - Time Source: server- IP address: 73.170.27.253
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