A
GREEMENT BETWEEN CITY OF SUNNYVALE AND
S
USTAINABLE COMMUNITY GARDENS
F
OR O
PERATION AND MAINTENANCE OF COMMUNITY GARDENS
TH
IS AGREEMENT dated __
______________, 2022, i
s by and between the CITY OF
SU
NNYVALE, a c
harter
ed m
unicipal corporation (“CITY”),
and
SUSTAINABLE COMMUNITY GARDENS
("
GROUP"), a 5
01(c)(3) n
onprofit c
orporation.
REC
ITALS
W
HEREAS, th
e City desires to support independent organizations providing services b
eneficial to the Community an
d main
tains a Cit
y Coun
cil Policy, 7.2
.4-Relat
ionships W
ith Outside
G
roups, th
at provides for s p
ecial agreements to s
upport such c
ommunity-s
erving gro u
ps an d
o
rganizations;
and
W
HEREAS, G
ROUP p
rovides n
on-p
rofit community gardening se r
vices which are not
o
therwise offered to City residents or duplicated by th
e City of Sunnyvale; and
W
HEREAS, fo
r many years Cit y
has allowed G
ROUP to
use th
e portion of City -o
wned
p
roperties located at A
PN # 165 -04-0
19 th
at extends southward from underground utilities to the
p
arkin
g lots for 505 West Olive Avenue (th
e “Com
munity
Gardens Site ” o
r “Site”) for
that purpose
p
ursuant to a special agreement as provid
ed in City Council Policy 7
.2.4; an
d
W
HEREAS, the special agreement between CI TY
and G
ROUP to use City-o
wned property for
a
community gard
en recently
expired and the par ti
es would like to
continue the arrangement th
e
p
arties have had for the Com
munity Gardens Site;
and
W
HEREAS, th
e Comm
unity Gard
ens are consisten t
with CI
TY’s General Plan p
olicies, whic
h
c
all fo
r the City to “provide, develop and maintain special use par k s and facilities”; to “provide for a
b
alance between g ene
ral recreation uses and special interest uses in parks and facilities”; to “p
rovide recreation facilities that will accommodate and meet the needs and interests of special p
opulation groups”; to “pr o
vide programming which meets the needs of families and c hanging
family
structures”; to “leverage available resources by pursuing co -fu nded and/or cooperative
agr
eements for both expansion and maintenance of programs, facilities, and services in order to max
imize benefits to the community”; to “foster and encou
rage partnerships with outside groups in
o
rder to address the community’s diverse recreational needs”; and to “encourage active citizen in
volvement in development and provision of Com
munity Services pr
ograms, facilities, and
s
ervices;” an
d
NO
W THEREFORE, in ac
cordance with The City’s “Relationships with Outside Groups Policy”, th
e CITY OF SUNNYVALE and GROUP enter into this agreement.
1. T
erm of Agreement . The
term of this agreement shall be for five y ea
rs commencing on
__
____,
2022 an
d ending on ____, 202 7, u
nless otherwise terminated in accordance with
s
ection 12 below. The City Manager may review thi s
Agreement for u
p to five ad
ditional
Attachment 6
on
e yea
r terms by mutual written agreement of the parties prior to the expiration of the
Agre
ement.
2. Obl
igations of CITY
CITY
shall provide the follo
wing ass
istance to GROUP to support GROUP’s
operation of the
Comm
unity Ga
rden:
(a) Us
e of City Property for Community Gardening . CITY
shall provide GROUP exclusive use of
the
portion of the Com
munity Gardens Site for the
purpose of community gardening. All
oth
er uses are prohibited. “Co
mmunity Gardening” is defin
ed as:
The gro
up activity of growing and harvesting legal p
lants and produce, using organic
gard
ening practices ,
at various location(s) in Sunnyvale intending to provide op
portunities for: learning about various aspects of the natural world including or
ganic food production and research; sharing a love of gr owing plants and caring
for
the environment; beautifying t he
community; meeting socially and sharing
co
mmon gardening interests; teaching students through hands -on gardening
activ
ities and workshops; and, providing gardening plots for residents who may n ot hav
e space to garden on their personal property or knowle dge of organic gardening
pr
actices.
(b) Par
k Building Use for Gr
oup’s Mon
thly Gr
oup Meetings. CITY
shall provide GROUP free use
of
space in a park building for meetings and educational purposes related to community gard
ening up
to on
ce monthly for a period not to
exceed four hours per use. The location of
said
meetings shall be at the sole discretion of the CITY, and su
bject to availability. GROUP
may
requ
est to re
serve City
facilities for suc
h us
e up to six months in advance.
(c) City
Ac
tivity Guide. CITY
shall pr
ovide a referral to GROUP in the Department of Com
munity
Serv
ices Ac
tivity Guide under the heading of Com
munity Organizations or a similar headin g
as
long as there is room in the Activity Guide to do so.
(d) Ap
proval of User Fees . CITY
shall review and app ro
ve any and all user fees to be paid by
gard
eners to GROUP.
(e) Ap
proval of Group Policies. CITY
shall review and approve all by -laws
, policy manuals, rules,
regu
lations, processes and procedures GROUP uses in connection with assignment o f garden plo
ts, operation an
d maintenance of the Community Gardens.
(f) Electr
ic Costs . CITY
shall pay all electric bills associated with use of utilities at th e
Comm
unity Garden Site by
GROUP for community gardening.
3. Obl
igations of GROUP
GRO
UP shall provide the following se
rvices at no cost to the City:
Attachment 6
(a) Ad
ministration of Garden Plots . GR
OUP shall
pro
vide garden plots in acco rd
ance with all of
GRO
UP’s ass
ociated plot assignment rules as approved by the City’s Direc tor of Public
Wo
rks.
(b) Gar
dening Instruc
tion. GRO
UP shall pro
vide and teach organic gardening principles classes
to ensu
re that each gardener that participates in gardening at the Community Gardens is kn
owledgeable of such practices. GRO
UP shall remove any instructor or gardener that the
CITY
determines is not satis
factory for whatever reason.
(c) Op
erations and Maintenance of Community Gardens . GRO
UP shall maintain the approved
loc
ation for the so
le and exp
ress purpose of Community Garden ing. GRO
UP shall be
res
ponsible for all aspects of op
erating and maintaining the
community gardens at
the
Comm
unity Gardens Site ,
including res
olving co
ncerns and complaints in accordance with
meth
ods and/or poli
cies ap
proved by City’s Dire
ctor of Public Works.
(d) Water
/Irrigation
Costs. GRO
UP shall compensate CITY for irr igation
costs
at the Com
munity
Gar
dens Site
by pro
viding a metered connection for water and paying all wate r costs
dir
ectly to the City of Sunnyvale, Utilities Division.
(e) Reno
vations to Commun ity
Gardens. GRO
UP shall not demolish any structure, grade
facilities
, or c on
struct any amenity on
the Community Gardens Site with
out first having
obtained
the writt
en app
roval of CITY . G
ROUP shall submit plan
s for chan ges to the
Comm
unity Gardens prior to construction and ob
tain app
roval from City’s Direc
tor of Public
Wo
rks, an
d shall b
e re
sponsible for obtaining all ap
propriate permits and pay
ing all related
fees for
any changes approved by CITY.
(f) Damage. If
any
portion of the Comm
unity Garden site or
any property of City located on or
abo
ut the Site is
damaged, threatened, or inter
fered with by any of the activities conducted
by
GRO
UP or
anyone acting by or through GRO
UP, GRO
UP sh
all immediately, at its sole
co
st, not ify
City in writing of such damage or threat. City may remedy, but shall not be ob
ligated to remedy, such damage or
threat at GRO
UP’s
sole cost, or City may elect to
witn
ess GRO
UP’s repair
work. In the event City elects not to remedy such damage or threa t, GRO
UP sh
all repair any and all such damage and restore the Site or property to its previous
co
ndition subject to City
’s inspection, review and approval.
(g) Hazardo
us Materials Prohibited.
(1) “Hazard
ous Material or Substance” means any substance, material, waste, pollutant or co
ntaminant which is regulated by law now or in the future as being hazardous, toxic, flam
mable, c
arcinogenic, explosive or radioactive, o
r is potentially injurious to the public
health
, safety or welfare or the environment, including those listed in Division 4, Chap
ter 30, Article 9 of Title 22, California Code of Regulations, or those which meet the toxic
ity, reactivity, corrosiveness or
flammability criteria of Article 11 of the above Code,
as
well as any other substance which poses a hazard to health or environment. (2) GRO
UP sh
all not use, produce, manage, contain, store, treat or dispose of (“Us e”) Hazar
dous Substances in, on or abo
ut the Site, e
xcept with CITY’s
prior written consent
Attachment 6
and
in compliance with all applicable Laws. Fuel stored in a motor vehicle for the exc
lusive use in such vehicle , ho
usehold cleaning an
d gard
ening pr
oducts necessary
for
ro
utine cleaning and maintenance of th
e Site, may
be kept on the premises in quantities
rea
sonable for current needs are excepted.
(3) In
the event that any Hazardous Substance is spilled, leaked or otherwise released on the
property or in any area in th e
vicinity of the Property, GRO
UP sh
all promptly
un
dertake all necessary actions to remediate or remove the contaminating material or su
bstance from the Premises at no cost to City. If GRO
UP fails
to comply after 24 hour
wr
itten notice from City, City sh all h
ave the option to complete the
work required to
rem
ediate or remove the hazardous material or substance at GRO UP’s
cost, which cost
GRO
UP sh
all rei
mburse to Cit
y immediately upon request. GR
OUP ac
cepts fu ll
res
ponsibility for all activities and costs inc
urred related to cleaning up the Site fro
m the
effec
ts of such spill or leak and shall me responsible for meeting, and possess the means to s
atisfy, the requirements of all federal, state, and local controlling agencies which may
have jurisdiction.
(4) CITY, or
its agents or contractor
s, shall at all times have the right to go upon and inspec t the
premises and the operations conducted thereon to assure compliance with the requ
irements herein stated. This inspection may include taking samples of substances and
materials present for te stin
g, and/or testing soils or underground tanks on the
pr
emises.
(5) Breac
h of any provis
ion in
this subsection sh
all give CITY auth
ority to immediately
term
inate this
Agreement. It
is the intent of the parties that GRO
UP sh
all be res
ponsible
for
and bear the entire cost o f r
emoval and disposal of hazardous materials or waste
intr
oduced to the premises during the term of this Ag
reement. GRO
UP sh
all also be
res
ponsible for any cleanup and decontamination on or off the premises necessitat ed by
su
ch materials or waste.
(h) Requ
ired a lloc
ation of Gar den
Plots. GRO
UP shall assign approx im
ately 25% of gardening
plo
ts for primary use by the Sunnyvale Senior Center Gardeners. For the purpose of this Agre
ement, Sunnyvale Senior Center Gardener s
are those gardeners that are members of
the
Sunnyvale Senior Center and residents of Sunnyvale. Non-res ident Sunnyvale Senior
Center
members may assist primary gardeners but may not have a garden plot assigned for their
primary use. A min
imum of fiftee n (15
) garden plots approximately 64 square feet in
size
each shall be reserved for the Sunnyvale S enio
r Center Gardeners. Sho
uld Sunnyvale
Senio
r Center
Gardener’s garden plot(s) become available, and no Sunnyvale Senior Center Gar
dener is on the waiting list
to become a primary gardener, the plot(s) shall remain
un
used until a Sunnyvale Senior Center Gardener signs up for a garden plot assignment.
GROU
P sh
all assign the
remaining gardening plots, or app
roximately 75%, for
primary use by
Sun
nyvale resi dent
gardeners. Non -re
sident gardeners may assist resident gardeners but
may
not have a plot assigned for their
primary use. At
a minimum, forty (40
) gard
en plots
app
roximately 64 square feet in size each, shall be reserved for use by resident gardeners.
GRO
UP shall recruit gardeners from Sun
nyvale residents whenever garden plots are
availab
le and no waiting list exists.
Attachment 6
(i) Notice
to Gardene
rs. GRO
UP shall inform all gardeners, th
rough special notice included in all
Gar
den Plot Assignment Agreements, of (1)
the term
of this Agre
ement and
that
this
Agre
ement may be terminated by either party with 180 day
s’ notice ; and
(2
) the
pr
ohibitions in this Agreement related to hazar
dous materials and ca
nnabis sativa
(mariju
ana).
(j) Repo
rting
Participant Data. GRO
UP sh all r
eport participant numbers to CITY each
year on
Ju
ne 30.
The repo
rt shall inc
lude the number s of (1
) gar
den plots in use, (2) seni
or center
mem
bers, (3) City
re
sidents (including neighborhood of residence), (4
) no
n-re
sidents,
yo
uths, seniors, and
low
i ncom
e gard
eners, (4) to
tal number s of
gardeners and students ,
and
(5) the
number of hours of educational instruction provided during the previous fiscal year
. Lo
w-inc
ome res
idents shall be determined by using the income guidelines and defin
ition of low inc om
e established by the Community Development Block Grant program (CDBG) for
residents of Sunnyvale, California.
(k) Not for Pro
fit Use Onl y. GRO
UP shall not perform community gardening services for profit.
How
ever, this does not preclude GROU
P from establishing fees
to pay for costs incurred or
anticip
ated by GROUP in association with operation and maintenance of the community gard
ens. Any fees charged for this purpose are subject to review and approval by the Direc
tor of Pu
blic Works.
(l) Copies
of Group Infor
mation. GRO
UP shall ado
pt and pr
ovide City one copy of all by -laws
,
po
licy manuals, rules, regulations, processes and procedures it uses in connection with ass
ignment of garden plots, operation and
maintenance of the Community Gardens as
app
roved by the Direc
tor of Pu
blic Works of th
e CITY.
(m) Keys t
o Gardens. GRO
UP shall provide CITY two (2) keys to the gate of any fenced portion(s) of th
e Community Garden Site.
4. Con
flicts of Interest
No
officer or employee of CITY shall have any interes
t, direct or indirect, in
this Agreement or in the
pr
oceeds thereof. During the term of this Agreement GROUP shall not accept employment or an ob
ligation which is inconsistent or incompatible with GROUP’S obligations under this Agreement.
5. Comp
liance with
Laws
GRO
UP shall not dis
criminate against any gardener, visitor, employee or applicant for employment bec
ause of race, religion, creed, color, gender, age (persons 40 years of age or older), disability, national o
rigin, or any other basis to the extent pr
ohibited by federal, stat
e or local law.
GRO
UP shall comply with all federal, state, county and city laws, statutes, ordinances, rules and regu
lations and the orders and decrees of any courts or administrative bodies or tribunals in any man
ner affectin g p
erformance of the Agr eem
ent including, but not limited to, not growing any
plan
t materials that
are illegal to grow un
der state or federal law. In particular, the growing of Can
nabis sativa (mariju
ana) is prohibited whether or not such activity is lawfu l for medical purposes
Attachment 6
und
er relevant laws of the state of California. CITY shall have the right to enter, remove and co
nfiscate plants of
illegal or
prohibited sp
ecies, including Can
nabis sativa, with
out notice, and shall
no
t be liable
to the owner of such plants for
any loss or dam
age sustained thereby.
6. In
demnity
GRO
UP agrees to indemnify and hold harmless CITY, its officers, agents, employees and volunteers from
any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unk
nown, and all c os
ts and expenses, including reasonable attorneys' fees in connection with any inju
ry or damage to persons or property arising out of or in any way connected with the act, om
ission or negligence of GROUP, its members, gardeners
off
icers, employees, agent
s, GR
OUP,
su
bgroups or any officer, agent or employee thereof in relation to GROUP'S performance under this Agre
ement.
7. In
surance
GRO
UP sh
all provide evidence of insurance in accordance with the insurance requirements shown in
Exhibit “ A” an
d incorporated her
ein by reference. GRO
UP sh
all maintain these insurance
requ
irements throughout the lease term and nam
e CITY as
additional insured on its insurance
po
licies.
8. CIT
Y OF SUNNYVALE Representative
The Direc
tor for the Department of Pu
blic Works of
CITY or su
ch other person as may be designated
by
the Direc
tor sh
all represent CITY as the City Manager's authorized repr esentative in all matters
per
taining to the services to be rendered under this Agreement. All requirements of CITY pertaining to th
e services a nd
materials to be rendered under this Agreement shall be coordinated through the
CITY representative.
9. GROUP Re
presentative
The Exe
cutive Director s hall
represent SUSTAINABLE COMMUNITY GARDENS in all matters
per
taining to the services and materials to be
rendered under this Agreement; all requirements of
GRO
UP pertaining to the services or materials to be rend
ered under this Agreement shall be
co
ordinated through the GROUP representative.
10. Notices
All
notices required by this Agreement shall be in wr itin
g, and shall be personally delivered, sent by
fir
st class mail with postage prepaid, or by commercial co urier, addressed as follows:
To
CITY: City
Manager
CITY
OF SUNNYVALE
P. 0
. Box 3707
Sun
nyvale, CA 94088-37
07 Attachment 6
(40
8) 730-7
480
To
GROUP: Rebec
ca Jepsen, E
xecutive Director
Su
stainable Community Gardens
1 055 Dunford Way
Su
nnyvale, CA
94087
(40
8) 9
10-2
949
No
thing in this provision shall be construed to prohibit communication by more expedient means, s
uch as by telephone e -m
ail o
r facsimile transmission, to accomplish timely communication.
Ho
wever, to constitute effective notice ,
written confirmation of a telephone conversation or an
o
riginal of a facsimile transmission or an e -m
ail must be sent by first class mail, by commercia l
c
arrier, or hand- d
elivered. Eac
h party may change the address by written notice in accordance with th
is paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; m
ailed notices shall be deemed communicated as of three da y s after mailing, unless such date is a
d
ate on which there is no mail service. In that event communication is deemed to occur on the next
m
ail service day.
11. As
signment
Neith
er party shall assign or sublet any portion of this Agreement without the prior w ritten consent
o
f the other party.
12. T
ermination
(a) If
GROUP defaults in the performance of this Agreement, or materially breaches any of its p
rovisions; CITY at its option may terminate this Agreement by giving written notice to GROUP.
(b
) W
ithout limitat
ion to such rights or remedies as CITY shall otherwise have by law, either p
arty shall have the right to terminate this Agreement for any reason upon o ne hundred eighty
(180)
days' written notice to the other party. If CITY terminates the Agreement; CITY shall end
eavor
to
allow planted crop to mature to fruition allowing GROUP to harvest produce prior to termination o
f Agreement. If time
is of the essence and harvest is n
ot possible due to needs of CITY, C I
TY s
hall
r
eimburse GROUP for expenses direc tly
r
elated to tree replacement and pre -h
arvest expenses for
th
e year of termination where the termination occurs before the commencement of the harvest. As a
condition to such reimbursement of expenses, GROUP shall furnish to CITY annually a financial au
dit of o
perations under this Agreement.
13. En
tire Agreement; Amendment
This
document represents the entire and integrated agreement between CI TY an
d G
ROU
P and
s
upersedes all prior negotiations, representations and agreements, either written or oral. This d
ocument may be amended only by written instrument signed by both p arties.
14. Mi
scellaneous
Attachment 6
(a) The law
s of the State of California apply to this Agreement. The parties agree that any
dis
pute with respect to this Agreement shall be subject to the jurisdiction of the Superior
Court o
f Santa Clara County.
(b) In
the event of any conflict between this Agreement and any related exhibits, the provisions of
this Agreement shal l s
upersede and shall prevail over any conflicting provisions of th e exh
ibits.
(c) Time
is of the essence
with respect to each and every provision of this Agreement. (d) No
waiver by either party of
any of the terms, conditions or covenants of this Agreement sh
all be deemed as a waiver.
(e) This Agre
ement may
be executed in multiple counterparts, each of which sh
all be deemed
an or
iginal, but all of which, together, shall constitute one and the same instrument. (f) The p
arties signing represent that they have the authority to sign, and agree that electronic sig
natures may be used and will have the same effect as origin al signatures.
IN WITNESS
WHEREOF, the parties have executed this Ag
reement.
ATT
EST:
__
____________________________________
City
Clerk
CITY
OF SUNNYVALE (“CITY”)
By
____________________________________
KENT STEFFENS
City
Manager
Date:
_____________
______________
AP
PROVED AS TO FORM:
____
___________________
_________
MELISSA
C. TRONQU
ET
Sr. A
ssistant City
Attorney
Sus
tainable Community Gardens (“GROUP”)
By__
___________________________________
REBECCA
JEPSEN
Exec
utive Director
Date: ___
______
__________________
Exhi
bits:
A- In
surance Requirements
Attachment 6
EXHIB
IT A- INSURANC
E REQUIREMENTS
GR
OUP sh
all procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to prop erty which may
ar
ise from or in connection with the Ag
reement.
Mi
nimum Scope and Limits of Insurance. GR
OUP sh
all maintain limits
no less than:
1. Co
mmercial General Liability: $2,0
00,000 per occurrence an
d $4,0
00,000 aggregate fo
r bodily injury, personal injury and pro
perty damage.
IS
O Occurrence Form CG 0001 or
equivalent is
required.
2. Au
tomobile Liability: $1
,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is
required.
3. Wo
rkers' Compensation St
atutory Limits an
d Em
plo
yer's Liability:
$1,000,000 per accident for bodily injury or disease.
In
dustry Specific Coverage
s. If
checked below, the followi
ng insurance is also required:
Pr
ofessional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1 ,000,000 per occurrence.
If
working directly with children, the Certificate of In
surance must include coverage for molestation and sexual abuse in th
e minimum amount of
$1
,000,000 per occurrence and $2,000,000 aggregate. In
the event that Abuse & Molest
ation Liability coverage is provided via a Claims Made
Po
licy, the coverage shall include a minimum of a five year extended reporting clause.
Po
llution Liability Insurance in the minimum amount of $1,000,000 per occurrence MC
S-90
Endorsement to Busines
s Automobile insurance for transportation of hazardous materials and pollutants Bu
ilder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
De
ductibles and Self-In
sured Retentions
An
y deductible
s or self-in
sured retentions mu
st be declared and approved by the City of Sunnyvale. The Te nant sh
all guarantee payment of any
lo
sses and related investigations, claim administration and defense expenses within the deductible or self-in sured retention.
Ot
her Insurance Provisions
The
ge
neral liability an
d au
tomobile liability policies (and if applicable, pollution liability, se xual abuse and molestation, an
d builder’s risk policies)
sh
all co
ntain, or be endorsed to contain, the following provisions:
1. Th
e City of Sunnyvale, its offi
cials, employees, agents and volunteers are to be covered as ad ditional in
sureds with respects to liability arising
ou
t of activities performed by or on behalf of Gro
up;
products and completed operations of GR
OUP;
premises owned, occupied or used by
GR
OUP;
or automobiles owned, leased, hired or borrowed by GR
OUP.
The coverage shall contain no special limitations on the scope of pr
otection afforded to the Ci
ty of Sunnyvale, its officers, employees, agents or volunteers.
2. Fo
r any claims related to this le
ase, GR
OUP’s in
surance shall be primary. Any insurance or self-in
surance maintained by the City of Sunnyvale,
it
s officers, officials, employees, age
nts and volunteers shall be excess of the Te
nant's
insurance and shall not contribute with it.
3. An
y fa
ilure to comply with reporting or other provisions of the policies including breaches of warranties shall not af fect co
verage provided to the
Ci
ty of
Sunnyvale, its officers, officials, employees, agents or volunteers.
4. GR
OUP’s in
surance shall apply se
parately to each insured against whom claim is made or suit is brought, except with respect to the limits of the in
surer's liability.
5. Ea
ch insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party,
re
duced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return re
ceipt requested, has been given to the
Ci
ty of Sunnyvale.
6. Th
e policy limits of coverage shall be made availabl
e to the full limits of the policy. The minimum limits stated above shall not serve to reduce GR
OUP’S
policy limits of coverage. Th er
efore, the requirements for coverage and limits shall be (1) the minimum coverage and limits sp
ecified in this agreement,
or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the na
med insured, whichev
er is greater.
Ac
ceptability of Insurers
In
surance is to be placed with insurers with a current A.M. Best's rating of not le ss than A:VII, unless otherwise acceptable to the City of Sunnyvale.
Ve
rification of Coverage
GR
OUP sh
all furnish the City of Su
nnyvale with original a Certificate of Insurance effecting the coverage required. The certificates are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the Ci ty of Su
nnyvale prior to
co
mmencement of work.
Attachment 6
Su
bcontractors
GR
OUP sh
all require all subcontractors,
if applicable, to
procure an
d maintain insurance policies subject to the requirements of th is Ex
hibit. Failure
of GR
OUP to
verify existence of sub-co
ntractor’s insurance shall not relieve TE
NANT fr
om any claim arising from sub-co
ntractors work on behalf of
GR
OUP.
Attachment 6