HomeMy WebLinkAbout25-001 Robert Ostenberg for Adult Enrichment - Financial AdvisingCITY OF
CUPERTINO
RECREATION SERVICES AGREEMENT
No.
FY2026 - 2030
1. Parties. This contract is made by and between the City of Cupertino, a municipal
corporation ("City'), and ROBERT OSTENBERG ("Contractor"), a Sole Proprietorship/Individual for
Adult Enrichment - Financial Advising and is effective on the last date signed below ("Effective Date").
2. Services. Contractor agrees to provide the Services included in the Scope of Work and
in accordance with the Schedule of Performance attached in Exhibit A.
3. Term. This contract begins on the Effective Date and ends on 05/31/2030 ("Contract
Time"), unless extended or terminated as provided herein. Time is of the essence and Contractor must
have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must
promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to
address or mitigate such delays. 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.
4. Compensation. City will pay Contractor for satisfactory performance of the Services an
amount that will be based upon actual costs but that will be capped so as not to exceed $10,000.00
("Contract Price"), based upon the Scope of Services, performance schedule, and rates included in
Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will
remain in place even if Contractor's actual costs exceed the capped amount. Contractor must submit
invoices and the information required in Exhibit A in order to receive payment. City will compensate
Contractor within thirty (30) days after approval of written invoices.
Invoices are subject to review and audit by City during regular business hours upon 24 hours'
notice. Contractor must maintain complete and accurate records of payrolls, expenditures,
disbursements and other cost items charged to City or establishing the basis for an invoice, for a
minimum of four (4) years from the date of the final payment.
5. Independent Contractor.
5.1 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. No
civil service status or other right of employment will be acquired by virtue of
Contractor's performance of the Services. Contractor is not entitled to City's health
benefits, worker's compensation or any other benefit. Contractor must have the skills
and qualifications to perform the Services in a competent and professional manner.
Recreation Services Agreement/ Rev. April 2025
Page 1 of 7
Contractor will supply all tools, materials, and equipment required to perform the
Services under this Contract. Contractor is responsible for obtaining permits and
licenses required by law and must obtain a City business license, if required by the
Cupertino Municipal Code.
5.2 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 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. To the extent Contractor may have access to
private or confidential information owned or controlled by the City, Contractor agrees to treat it as
confidential and use it solely to perform this Agreement. Contractor must 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. To the extent Contractor prepares written material, drawings,
or data in connection with this contract, City will have the property rights to those materials and all
copyrights, if any, to such work product will, to the extent requested by City, constitute City property
upon completion of the work to be performed hereunder or upon termination of this Agreement.
8. Records. Contractor must maintain complete, accurate, and detailed accounting records
relating to its performance in accordance with generally accepted accounting principles and
procedures. The records must include detailed information about Contractor's services, benchmarks,
deliverables, and costs/fees, and must be made reasonably available to City. The records and
supporting documents must be kept separate from other files and maintained for four (4) years from
the date of City's final payment.
Recreation Services Agreement/ Rev. April 2025
Page 2 of 7
9. Assignment. This Contract is not assignable. Contractor may not substitute another or
transfer any rights or obligations under this Contract without prior written approval of City. Only those
persons whose names are included in Exhibit A may perform the Services.
10. Publicity and Signs. Any publicity generated by Contractor related to this contract or
the Services during the Contract Time and for one (1) year thereafter must reference City contributions.
The words "City of Cupertino" shall 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 under this Agreement, without prior written approval from City.
11. Indemnification. To the fullest extent allowed by law and except for losses caused by
the sole and active negligence or willful misconduct of City personnel, Contractor agrees to indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers, officials,
employees, agents, servants, volunteers, and contractors (collectively, "Indemnitees"), through legal
counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action,
demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related
to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of
or in any way related to Contractor's or Contractor's agents performance of this contract or the Services.
This includes but is not limited to Liability resulting in personal injury, death, property damage, or
economic losses. Contractor must pay any costs City may incur in enforcing this provision and must
accept a tender of defense upon receiving notice from City. Contractor's payments may be deducted or
offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract. This
Section 11 shall survive termination of the Agreement.
12. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City
will not execute the Agreement until it has received and approved satisfactory certificates of insurance
and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole
discretion, may purchase insurance and deduct the costs from payments to Contractor, or terminate the
Agreement.
13. Compliance with Laws and Other City Requirements.
Requirements for all Contracts. This contract is subject to local, state and federal laws and
regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California
Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and other laws that pertain
to fair employment and anti -discrimination practices. Contractor agrees to provide records and
documentation to the City on request necessary to monitor compliance with this provision.
Contractor must comply with labor laws pertaining to prevailing wages, working hours,
overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.
If Contractor does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit
C. Contractor is responsible for verifying employment eligibility of employees pursuant to the
Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws
and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be
required to file a conflict of interest form for engaging in governmental decisions or serving in a staff
Recreation Services Agreement/ Rev. April 2025
Page 3 of 7
capacity, and is hereby advised to review the requirements of California Political Reform Act and the
California Code of Regulations. Services may only be performed by persons who are not employed by
City and who do not have a contractual relationship with City other than this contract. Contractor
agrees to abide by City policies and administrative rules prohibiting gifts to City officials and
employees.
Additional Requirements for Services Provided to Minors. Contractor and its employees who
provide services under this Agreement must comply with these additional requirements:
A. Undergo fingerprints and a criminal background and verify all employees providing
services under this contract have met this requirement.
B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.
C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with
the protocols, reporting, and training required under California Health and Safety Code
Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from
play, and return to play protocols. (Refer to Center for Disease Control & Prevention,
httl2s://www.cdc.gov/headsul2/index.html).
D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each
participant is provided with a concussion information sheet, signs and returns the forms to
the City as required by Health and Safety Code Section 124235.
Require coaches and administrators to successfully complete the concussion and head injury
education at least once either online or in person, before supervising a participant.
Contractor shall offer training, educational materials, or both to each Contractor
administrator on a yearly basis. (Training resources are available at the Center for Disease
Control & Prevention (link cited above).
E. If providing instruction, Contractor must acknowledge and comply with all requirements
set forth in the Parks & Recreation Services Instructor Manual.
This contract currently does not require services for children. If in the future, services for children are
required, the contract will require a 'written amendment' to include the appropriate insurance
coverages as required in 'Exhibit B - Insurance Requirements for Recreation Contracts', proof of
fingerprinting and additional requirements under Paragraph 13. The contract will also require the
approval of the Director of Parks and Recreation and City Attorney.
14. Coordination of Services. The Parties designate the following persons as Services
Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of
this Agreement. Contractor's designation and any substitution are subject to City approval.
For City: For Contractor:
Name: Robert Kaufman
15. Abandonment. City may abandon or postpone the Activity or Program and will notify
Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the
date of abandonment upon submission of final invoices approved by City.
Recreation Services Agreement/ Rev. April 2025
Page 4 of 7
16. Termination. City may terminate this contract for cause or without cause at any time
and will notify Contractor as soon as possible. Contractor will be paid for satisfactory services rendered
through the date of termination upon submission of final invoices approved by City.
17. Governing Law, Venue, and Dispute Resolution. This contract is governed by the laws
of the State of California. Any legal actions or proceedings filed against City in connection with this
contract must comply with the government claims filing requirements and must be filed with the
Superior Court for the County of Santa Clara, State of California. At City's request, Contractor is
required to continue to provide Services pending resolution of any 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 is required to pursue litigation, arbitration or other administrative
or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will
be entitled to reasonable attorney fees and costs. This Section 18 survives this Agreement.
19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract.
20. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver of any
contract provision. City waiver of a breach shall not constitute waiver of another term, provision,
covenant, or condition, or a subsequent breach, whether the same or a different character.
21. Entire Agreement. This Agreement and all referenced Exhibits are hereby attached and
incorporated into the Agreement by this reference and represent the full and complete understanding
as to those matters contained herein, and supersede any other contract or understanding, either oral or
written, between the Parties. This Agreement may not be modified or amended except in writing signed
by both Parties. If there is any inconsistency between any term, clause, or provision of the main contract
and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main contract
shall prevail and be controlling.
22. Inserted Provisions. Each provision or clause required by law or this contract is deemed
to be included and will be inferred herein. Either party may request an amendment to cure any
mistaken insertion or omission of a required provision.
23. Headings. The headings are for convenience only and are not a part of the contract or
intended to affect, limit, or amplify the terms or provisions of this Agreement.
24. Severability/Partial Invalidity. If any contract term or provision, 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 contract terms
and provisions and their application to specific situations will remain in full force and effect.
25. Survival. All provisions which by their nature must continue after the Agreement ends,
including without limitation Indemnification, Insurance, Ownership of Materials, Records, Governing
Law, and Attorney Fees, will survive the expiration or termination of this Agreement.
Recreation Services Agreement/ Rev. April 2025
Page 5 of 7
26. Notices. All notices and instruments pertaining to material provisions of this contract or
significant disputes which are required by law or under this contract to be in writing must be sent to
the persons listed below. The notices will be deemed effective on the date of personal delivery or the
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 of Cupertino:
27. Execution. The person executing this contract on behalf of Contractor represents and
warrants that Contractor has full right, power, and authority to execute this contract and to carry out
all actions and services required. This contract constitutes a legally binding obligation of Contractor,
and 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
Recreation Services Agreement/ Rev. April 2025
Page 6 of 7
IN WITNESS WHEREOF, the parties have caused this contract to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
NameRachelle Sander
Title Director of Parks and Recreation
Ju112, 2025
APPROVED AS TO FORM:
7e C16Zd uJaa
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date Jul 12, 2025
CONTRACTOR
By,
Name Robert Ostenberg
Title President
Date Jul 10, 2025
Tax I.D. No.: 572-83-7676
Recreation Services Agreement/ Rev. April 2025
Page 7 of 7
I*A:611.10 .11
SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Adult Enrichment - Financial Advising in, but not limited to, the
following:
Retirement Planning Courses
Location and Time of CONTRACTOR Services:
Refer to the City's Publications for agreed upon dates, times, and locations of a class, camp, activity,
program, or service ("class"). The City, at its sole discretion, may change the agreed dates, times and
locations of a class, or may cancel a class.
Compensation for CONTRACTOR Services:
Contractor shall be compensated for services performed pursuant to this Agreement.
For a class taught in person, 50% of the resident fee based on final roster.
City and Contractor may mutually agree for Contractor to teach a class online rather than in person,
provided that City and Contractor reach agreement for compensation for that online class.
Compensation for that online class shall be specified in writing in a separate side agreement before
online instruction for a class begins.
Eligible Participant Minimum and Maximums for CONTRACTOR Services:
Minimum: 10
Maximum: 25
If less than the required minimum number of participants enroll in and pay for a particular class as
identified in the schedule before the class is scheduled to start, the City may cancel the particular class
and/or terminate this Agreement without additional notice or payment to Contractor.
Performance of CONTRACTOR Services:
Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is
cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation
for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor
will only receive compensation for those meetings of the class that are performed.
Updated 04129125
In the case Contractor unilaterally cancels performance of a class without City approval, City reserves
the right to immediately and without notice cancel the remainder of classes offered and or performed
by Contractor.
Registration, Enrollment, and Supervision
The Contractor shall follow all guidelines pertaining to registration procedures as listed in the
quarterly recreation schedule. Participants may not take part in the program unless they are listed on
the class roster or can show proof of enrollment. All participants and volunteers need to complete the
City's Waiver of Liability form prior to taking part in the program. If applicable, contractors who are
responsible for supervising minors must remain with the class until a parent or legal guardian has
arrived and all minors are released to them.
Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour
and complete an Incident Report in the form approved by the City. The Incident Report must be
submitted to the City within 24 hours of the injury occurring.
Updated 04129125
Exhibit B
Insurance Requirements for Recreation Contracts
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain
the following insurance for the duration of the Agreement, at its own cost and expense, the following
insurance policies and coverage with companies doing business in California and acceptable to City.
Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
Commercial General Liability (CGL): Coverage at least as broad as Insurance Services Office ("ISO")
Form CG 00 01 with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. The
policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or
CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall
be doubled.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (H)
the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and
non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at
least as broad as the most recent edition of ISO Form CG 20 01.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
liability insurance, provided each policy follows form of the underlying policy and complies with
the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit
of City. The City's own insurance or self-insurance shall not be called upon.
2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering Code 1 (any auto), or if
Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000
per accident for bodily injury and property damage. (Required if automobile is used to perform work under
this contract.)
LJ Not required. Contractor shall be fully remote and not use automobiles to provide the service.
In the event Contractor uses an automobile or automobiles in the operation of its business to
provide services under this Agreement, the Contractor shall, prior to such use, provide the City
with evidence of Business Automobile Liability insurance coverage in the amount required under
this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1), or if Contractor does
not own autos (hired autos -Symbol 8 and non -owned autos -Symbol 9). Evidence shall be provided
with a Certificate of Insurance, along with an additional insured endorsement in favor of the City,
primary and non-contributory coverage and endorsement, and waiver of subrogation coverage
and endorsement under the policy prior to the use of any automobile.
F Contractor has provided written confirmation that it does not own any autos. Contractor shall
provide coverage for hired autos -Symbol 8 and non -owned autos -Symbol 9. Primary and Non -
Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile
Liability hired and non -owned only coverage. In the event Contractor uses an owned automobile
or automobiles in the operation of its business to provide services under this Agreement, the
Contractor shall, prior to such use, provide the City with evidence of Business Automobile
Liability insurance coverage in the amount required under this Section 2 for owned, non -owned
and hired autos (any auto -Symbol 1).
Exh. Y Insurance f tr Recreation Contracts Updated May 2025
XIn lieu of Business Automobile Liability, Contractor shall maintain throughout the term of this
Agreement and provide the City with evidence (including the policy Declarations Page) of
personal automobile insurance coverage in accordance with the laws of the State of California. As
available under the policy, evidence shall be provided with the Certificate of Insurance, along with
an additional insured endorsement in favor of the City, primary and non-contributory coverage
and endorsement, and waiver of subrogation coverage and endorsement. City approval of
coverage is required prior to commencement of services.
3. Workers' Compensation: As required by the State of California, with Statutory and Employer's Liability
Insurance limits of no less than $1,000,000 per accident/disease.
XIf no employees, Contractor must sign Affidavit of No Employees.
4. Sexual Abuse/Molestation. Insurance is required for activities/services involving minors, (i.e., after
school activities, recreational programs, athletics, study/training events and transportation of minors) or
vulnerable populations. Coverage shall include bodily injury sexual abuse and molestation coverage,
personal injury, and property damage, including without limitation, blanket contractual liability. Sexual
Abuse/Molestation coverage must be included under General Liability or obtained in separate policies
with a limit of no less than $2,000,000 per occurrence and $4,000,000 aggregate. If a general aggregate
limit applies, it must apply separately to this contract or be twice the required occurrence limit.
XNot Required. Contract does not involve services to minors or vulnerable populations
Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
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 Contractor's CGL and automobile
liability policies. Endorsement of General Liability coverage shall be at least as broad as ISO Form CG 20 10
(11/ 85) or both CG 2010 and CG 20 37 forms, if later editions are used.
Primary and Non -Contributory Coverage
Except Workers' Compensation coverage, Contractor's insurance coverage shall allow and be endorsed
primary coverage at least as broad as the most recent edition of ISO CG 20 01. Any insurance or self-
insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of
Contractor's insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will
not provide the required notice of cancellation or policy modification, the Contractor shall provide written
notice to the City of a cancellation or policy modification no later than 30 business days in advance or 10
days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability,
Automobile Liability and Workers' Compensation policies shall allow and be endorsed with a waiver of
Exh. B Insurancefir it Recreation Contracts updated May 2025
2
subrogation in favor of City for all work performed by Contractor, its employees, agents, volunteers and
subcontractors. This provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
Deductibles and Self -Insured Retentions
Any deductible or self -insured retention must be declared to and approved by the City (Insert on the
Certificate of Insurance, if .zero, insert "$0"). At City's option, either: the insurer must reduce or eliminate
the deductible or self -insured retentions as respects the City/Additional Insureds; or Contractor must show
proof of ability to pay losses and costs related investigations, claim administration and defense expenses.
The policy shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either
the insured or the City.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-
VII or higher.
Verification of Coverage
Contractor must furnish acceptable insurance certificates and amendatory endorsements (or copies of the
policies effecting the coverage required by this Contract), including a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract.
City retains the right to demand verification of compliance at any time during the Contract term.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance that meet the requirements of
this Contract, including indemnification, defense, and naming the City as an additional insured on
subcontractor's insurance policies.
Higher Insurance Limits
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall
be entitled to coverage for the higher insurance limits maintained by Contractor.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverages based on the nature of the risk,
prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written
notice.
Exh. R Insurance f tr Recreation Contracts Updated May 2025
3
ROBEOST-01 JENNIFERGARi
CERTIFICATE OF LIABILITY INSURANCE DATE (MW
AE(MW az
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 riahts to the certificate holder in lieu of such endorse mentfsl.
PRODUCER
NFP Property & Casualty Services, Inc.
PO Box 40
Lodi, CA 95241-0040
INSURED
Robert Ostenberg
Jennifer Garcia
[HExt: (209) 334-0870 'Z)^, No):(209) 33
Moiennifer.�arcia�nfp.cvmw 4-1939
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
rypE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
POLICY EXP
LkN11T5
A
X
COMMERCIAL GENERAL LIAst rr1'
EACH OCCURRENCE
2,000,000
CLAIMS -MADE OCCUR
x
6/2612025
612612026
DAMAGE TO RENTED
300,000
MED EXP (Any one arson
5,000
PERSONAL & ADV INJURY
2,000,000
'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
4,000,000
MGE'
POLICY jE O LOC
PRODUCTS - COMPIOP AGG
4,000,000
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
BODILY INJURY Per Person
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY Per accident
�20PERTY AMAGE
er aceldeni
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
4
AGGREGATE
EXCESS LIAB
CLAIMS -MADE
DI RETENTION $
WORKERS COMPENSATION
PER OTH-
TAT FIR
AND EMPLOYERS' LIABILITY Y NUT,
ANY CPROPR I ETORIPARTN ERIEHEGUTIVE
An ERIMEn NH) EXCLUDED?
atoryE.L.
N 1 A
E.L. EACH ACCIDENT
DISEASE - EA EMPLOYE
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is re uiredj
CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS ARE ADDITIONAL INSURED PER
PB Al 02 01 01 WITH RESPECT TO VARIOUS LOCATIONS IN WHICH THE INSURED CONDUCTS CLASSES. COVERAGE IS PRIMARY PER PB 60 72 07111
ATTACHED. WAIVER OF SUBROGATION APPLIES PER PB D4 97 07107,
*DEDUCTIBLE OR SELF -INSURED RETENTION: NIA
*30-DAY NOTICE OF CANCELLATION (10-DAY NOTICE FOR NON-PAYMENT OF PREMIUM)
CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS,
OFFICIALS,
EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS
ATTN: CITY MANAGER
10300 TORRE AVE.
CUPERTINO, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103] 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BUSINESSOWNERS
PB 60 03 04 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MUNICIPALITIES OR PUBLIC
AGENCY - INSURED PROVIDING PROFESSIONAL
SERVICES
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM
The following is added to Section II. WH❑ IS AN INSURED:
10 The municipality and/or public agency designated in the Schedule of this endorsement is also an insured, but only
u, with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole
or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with
o your operations, other than the rendering of or the failure to render professional services, advice of instruction,
O subject to the following additional exclusion:
a
0a This insurance, including any duty we have to defend "suits", does not apply to "bodily injury", "property damage"
r1 or "personal and advertising injury" that arises out of, in whole or in part, or is a result of, in whole or in part, the
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active or primary negligence of the municipality and/or public agency designated in the Schedule of this
endorsement, whether or not such negligence has been assumed by you in a contract or agreement.
All terms and conditions of this policy apply unless modified by this endorsement.
P9Municipality and/or Public Agency:
CITY OF CUPERTINO SEE NIL-7000
10185 N STELLING RD
CUPERTINO, CA 95014-5732
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SCHEDULE
PB 60 03 04 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
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NIL 70000117
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PB-6003 NAME EXTENSION FOR CITY OF CUPERTINO
Policy Level Coverages
Manuscript Number: EXTEND
Coverage Description:
ACP 3008337743City of Cupertino, its City Council, Boards and Commissions, Officers, Employees & Volunteers.
NIL 70 00 01 17
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BUSINESSOWNERS
PB 04 97 07 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE
Name Of Person Or Organization:
CITY OF CUPERTINO, ITS CITY COUNCIL, SEE NIL-7000
In condition K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, under paragraph 2.
Applicable to Businessowners Liability Coverage, the following paragraph is added:
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.
All terms and conditions of this policy apply unless modified by this endorsement.
PB 04 97 07 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
BUSINESSOWNERS
PB 60 72 07 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT TO OTHER INSURANCE CLAUSE FOR
ADDITIONAL INSUREDS - PRIMARY AND NOW
CONTRIBUTORY WHEN REQUIRED IN A WRITTEN
AGREEMENT OR CONTRACT WITH YOU
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS
co Only with respect to any additional insured, in the COMMON POLICY CONDITIONS, form PB 09 09, under
o condition H. OTHER INSURANCE, paragraph 2.a. is replaced by the following:
� H. OTHER INSURANCE
0 2. Under any liability coverage provided by this policy,
0
o a. If for injury or loss we cover, there is other valid and collectible insurance available to any additional
r' insured under another policy, our obligations are limited as follows:
P (1) Issued by another insurer, or if there is self insurance or similar risk retention that applies to a
co loss covered by this policy, then this insurance provided by us shall be excess over such other
insurance, unless you have agreed in a written contract or written agreement signed prior to the
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loss that this insurance shall be primary:
(a) Then this insurance is primary. If other insurance is also primary, we will share with all that
other insurance as described in d. below; and
(b) The coverage afforded by this insurance is non-contributory with the additional insured's own
insurance.
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been
added as an additional insured to any other person or organization's policy; or
(2) Issued by us or any of our affiliate companies, that applies to a loss covered by this policy, then
only the highest applicable Limit of Insurance shall apply to such loss. This condition does not
apply to any policy issued by us that is designed to provide Excess or Umbrella liability insurance.
All terms and conditions of this policy apply unless modified by this endorsement.
PB 60 72 07 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
Prepar= ; - -ch 21. 2025 Page 1 of 6
Nationwide'
IS On YOul Skd-
Policyholder (Named Insured):
Robert Osterberg & Elizabeth A
Osterberg
General Policy Information
Issued: March 21, 2025
Your Policy Declarations
Nationwide Auto Policy
Policy Period: Mar 19. 2025 - Dec 1, 2025
Policy Number: 7204J 209331
Keep these Declarations for your records.
These Declarations are a part of the policy named above and identified by the policy number above
pn They supersede any Declarations issued earlier. Your policy provides the coverages and limits
0 shown in the schedule of coverages. They apply to each insured vehicle as indicated. Your policy
10 complies with the motorists' financial responsibility laws of your state only for vehicles for which
0 Property Damage and Bodily Injury Liability coverages are provided.
0
0
�° Policy Period: March 19, 2025 - December 1, 2025 but only if the required premium for this period
has been paid and only for twelve month renewal periods if renewal premiums have been paid as
f required. This policy is initially effective at (1) the time the application for insurance is completed, or
(2) 12:01 a.m. on the first day of the policy period, whichever is later. Each renewal period begins
and ends at 12:01 a.m. standard time at the address of the named insured stated herein. This policy
expires at 12:01 a-m. at the address of the named insured stated herein.
Your carrier is Nationwide Insurance Company Of America, NAIC #25453.
06L Changes Made to Your Policy
Effective March 19, 2025
Premium Summary and Other Charges
T 7.04
Total Policy Premium S 18,570.10
A 4560 07 16 Continued on the next page
-pared on March 1
Nationwide Your Policy Declarations
IS an your side
Nationwide Aut❑ Policy
Policy Period: Mar 19. 2025 - ❑ec 1, 2025
For coverage definitions and descriptions, Policy Number: 7204J 209331
visit Nationwide.com
How You Saved on this Policy with Nationwide
• Elite Driver • Good Driver • Good Student
• Passive Restraint • Resident Student • Multi Policy
Thank you for being a long-term customer.
Rated Driver(s)
Name
Date of Birth
09/27/77
09/05/69
06/05/06
02/05/08
Marital Status
Married
Married
Single
Single
Insured Vehicle(s) and Schedule of Coverages
Coverages
Limits of Liability
Premium
Bodily Injury Liability
$ 500.000 Each Person
$ 500,000 Each Occurrence
$
512.64
Property Damage Liability
$ 500.000 Each ❑ccurrence
$
348.16
Medical Payments
$ 5.000 Each Person
$
30.70
Uninsured Motorists Bodily injury
$ SCO-000 Each Person
$ 500,000 Each ❑ccurrence
$
194.30
See Endorsement
Damage To Your Auto
Other Than Collision (Comprehensive)
Actual Cash Value Less $ 250
$
604.68
With OEM
See Endorsement
Collision
Actual Cash Value Less $ 1.000
$
1.482.64
With OEM
See Endorsement
Waiver Of Collision Deductible
$
11.92
Custom Equipment
$ 3.000
Included
Rental Reimbursement
$ 50 Per Day
$ 1.500 Per Accident
$
70.72
See Endorsement
Total for this Vehicle $ 3,25536
Continued on the next page
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Nationwide
is an ycur side
Your Policy declarations
Nationwide Auto Policy
Policy Period: Mar 19. 2025 - Dec 1, 2025
Policy Number: 7204J 209331
Insured Vehicle(s) and Schedule of Coverages (continued)
Coverages
Bodily Injury Liability
Property Damage Liability
Medical Payments
Uninsured Motorists Bodily Injury
Limits of Liability
$ 500.000
Each Person
$ 500,000
Each Occurrence
$ 500,000
Each Occurrence
$ 5.000
Each Person
$ 500.000
Each Person
$ 500.000
Each Occurrence
See Endorsement
Damage To Your Auto
Other Than Collision (Comprehensive) Actual Cash Value Less $ 250
Premium
$ 581.12
$ 403.60
$ 34.08
$ 202.76
$ 1,004.26
With OEM See Endorsement
Collision Actual Cash Value Less $ 1.000 $ 2.362.30
With OEM See Endorsement
Waiver Of Collision Deductible $ 11.92
Custom Equipment $ 3.000 Included
Rental Reimbursement $ 50 Per Day
$ 1.500 Per Accident $ 70.72
See Endorsement
Total for this Vehicle $ 4,670.76
Coverages
Limits
of Liability
Premium
Bodily Injury Liability
$
500,000
Each Person
$
500.000
Each Occurrence
$ 1.113.40
Property Damage Liability
$
500.000
Each Occurrence
$ 1.243.34
Medical Payments
$
5.000
Each Person
$ 76.92
Uninsured Motorists Bodily Injury
$
500.000
Each Person
$ 500.000 Each Occurrence
$
513.86
See Endorsement
Damage To Your Auto
Other Than Collision (Comprehensive)
Actual Cash Value Less $ 250
$
503.90
With OEM
See Endorsement
Collision
Actual Cash Value Less $ 1.000
$
1.618.46
With OEM
See Endorsement
Waiver Of Collision Deductible
$
19,24
Custom Equipment
$ 3.000
Included
Rental Reimbursement
$ 50 Per Day
$ 1.500 Per Accident
$
114.06
See Endorsement
Total for this Vehicle $ 5,203.18
Continued on the next page
Nationwide
is an your side
Your Policy declarations
Nationwide Auto Policy
Policy Period: Mar 19. 2025 - ❑ec 1, 2025
Policy Number: 7204J 209331
Insured Vehicle(s) and Schedule of Coverages (continued)
Coverages
Limits ❑f Liability
Premium
Bodily Injury Liability
$ 500.000 Each Person
$ 500,000 Each Occurrence
$
1.110.06
Property Damage Liability
$ 500,000 Each ❑ccurrence
$
978.02
Medical Payments
$ 5.000 Each Person
$
63.18
Uninsured Motorists Bodily Injury
$ 500.000 Each Person
$ 500.000 Each Occurrence
$
382.42
See Endorsement
❑amage To Your Auto
❑ther Than Collision (Comprehensive)
Actual Cash Value Less $ 250
$
899,24
With OEM
See Endorsement
Collision
Actual Cash Value Less $ 1.000
$
1.825.30
With OEM
See Endorsement
Waiver Of Collision Deductible
$
19.24
Custom Equipment
$ 3.000
Included
Rental Reimbursement
$ 50 Per Day
$ 1.500 Per Accident
$
114.06
See Endorsement
Total for this Vehicle $ 5,391.52
Policy Level Schedule of Coverages
Coverages Limits of Liability Premium
Roadside Assistance Plus ❑isablement Up To 100 Miles $ 41.84
$100 Lockout
$500 Trip Interruption
See Endorsement
Total for Policy Coverages i 4i 0;-1
Policy Level Fees and other Charges
Coverages Premium
State Fraud Surcharge $ 7.04
Total for Policy Level Fees and Other Charges $ 7.04
Continued on the next page
EXHIBIT C
AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent contractor and the owner of ROBERT OSTENBERG.
I wish to enter into a services contract with the City of Cupertino. I am fully aware of the
provisions of section 3700 of the California Labor Code, which requires every employer to
provide Workers' Compensation coverage for employees in accordance with the provisions
of that Code. I am also aware that I must provide proof of workers' compensation insurance
to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the
City of Cupertino's contract.
I hereby certify that I do not have any employees nor will I have any employees working for
me or my business during the term of any service contract with the City of Cupertino. I am
not required to have Workers' Compensation insurance.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this 10 day of July , 2025, at , California.
Robert Ostenberg
PRINT NAME
SIGNATURE
Updated 06/23/21
Adult Enrichment -
Final Audit Report
Financial Advising
2025-07-12
Created: 2025-07-10
By: Webmaster Admin (webmaster@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAA9IagamJ8_R09kYJk4oetSQvpfRhG8tY-
"Adult Enrichment - Financial Advising" History
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