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HomeMy WebLinkAbout26-001 Gwendolyn K. Froh for Presentation on E-Bikes and Youth Safety SHORT FORM ENTERTAINMENT AGREEMENT CITY OF CUPERTINO Parks & Recreation Department 10185 N. Stelling Road Cupertino, CA 95014 408-777-3120 --USE OF THIS FORM IS ONLY VALID FOR AGREEMENTS UP TO $3,500.00-- Contractor Name: Gwendolyn K. Froh Contractor Authorized Representative: Gwendolyn Froh By the signature of its Authorized Representative below, Contractor hereby agrees to the following: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials: Presentation on E-Bikes and Youth Safety Location: Community Hall Time: 6:00 PM - 7:30 PM Plus Set Up and Clean Up B. TERM. The services and/or materials furnished under this Agreement shall be provided from 5/6/2026 to 5/6/2026. C. COMPENSATION. For the full performance of this Agreement, the City of Cupertino shall pay Contractor a total of $500.00 in a lump sum to be paid following receipt of Contractor’s invoice. D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement: X- Exhibit "C" - Affidavit of No Employees GENERAL TERMS AND CONDITIONS 1. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole 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 the Scope of 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 agreement. 2. General Liability Insurance. The undersigned shall maintain general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. Undersigned’s general liability policies shall be endorsed to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. 3. Compliance with Laws. Contractor shall comply with all laws applicable to this Agreement including, without limitation, laws regarding workers’ compensation, antidiscrimination, and conflict of interest. If Contractor has no employees an affidavit to that effect shall be attached to this agreement. If the scope of work involves providing services to children, the City of Cupertino, Contractor Declaration shall be attached. 4. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without prior written consent of City. 5. Termination. City may terminate this agreement at any time. In the event of cancellation within 24 hours of the time Contractor is to begin providing services City shall pay contractor one half of the total agreement amount unless cancellation occurs after Contractor’s personnel have arrived at the location where services are to be performed in which case the total contract amount shall be paid. 6. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment and, at all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. 7. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT COORDINATOR and representative for CITY shall be: Birgit Werner. May 5, 2020 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date last signed below. CITY OF CUPERTINO A Municipal Corporation By Name Title Date CONTRACTOR By Name Title Date Tax I.D. No.: APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR City Clerk Date Gwen Froh Program Director May 5, 2026 043485789 Michael K Woo Chad Mosley Director of Public Works May 5, 2026 Lauren Sapudar May 5, 2026 Revised 2.06.23 Contractor/Consultant 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 . 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 ____day of ____________, 2026, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE Exhibit C Gwen Froh 5 May 2026 Gwen Froh CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. P O Box 744963 Los Angeles, CA 90074-4963 License No: OC 36861 NAMED INSURED (EVENT HOLDER): City of Cupertino 10300 Torre Ave Cupertino, CA 95014 EVENT INFORMATION: TYPE: E-Bike & Youth Safety Community Meeting DATE(S): May 6, 2026 LOCATION: Cupertino Community Hall *Liquor Liability Yes No **Liquor Liability after 12 am ends before 2 am This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the p olicy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER MKLV7PBC002230 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2026 EXPIRATION: JANUARY 1, 2027 COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products & Completed Operations Personal & Advertising Injury Each Occurrence Limit Damage To Premises Rented To You (Any One Premises) Medical Payments (Any One Person) Liquor Liability (If purchased) Optional Limits Purchased $1,000,000/$3,000,000 $2,000,000/$2,000,000 Damage To Property (If purchased) Waiver of Subrogation (If Purchased) Yes No $ 2,000,000 1,000,000 1,000,000 1,000,000 100,000 5,000 1,000,000 OCCURRENCE FORM DEDUCTIBLE: NONE SPECIAL CONDITIONS: The following endorsements attached to the Master Policy do not apply to this Certificate Of Insurance: The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS Robert Mittelsteadt Gwendolyn Froh CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 4/29/26 MPIL 1039-CA 01 20 Page 1 of 2 EVANSTON INSURANCE COMPANY IMPORTANT NOTICE CALIFORNIA SURPLUS LINES NOTICE (D-2) 1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus lines” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus line” broker or contact the California Department of Insurance at the toll-free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC’s internet website at www.naic.org. The NAIC – the National Association of Insurance Commissioners – is the regulatory support organization created and governed by the chief insurance regulators in the United States. 5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain MPIL 1039-CA 01 20 Page 2 of 2 more information about that insurer. You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm. 6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus line” broker to obtain more information about that insurer. 7. California maintains a “List of Approved Surplus Line Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov./01-consumers/120-company/07- lasli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you. Renewal Page 10 of 20 Continued on Back DEC_PAGE (03-14)(Page 1 of 4) Declarations Page This is a description of your coverage. Please retain for your records. RICHARD T DOWD AND GWENDOLYN K FROH Email Address: Date Issued: December 29, 2025 GEICO Protection Insurance Company P.O. Box 509090 San Diego, CA 92150-9090 Tel: 1-800-841-3000 Policy Number:1913-47-41-00 Coverage Period: 02-02-26 through 08-02-26 12:01 a.m.standard time at the address of the named insured. Named Insured Richard T Dowd Gwendolyn K Froh Additional Drivers Vehicles VIN Vehicle Location Finance Company/ Lienholder Coverages*Limits and/or Deductibles Vehicle 1 Vehicle 2 Vehicle 3 Bodily Injury Liability Each Person/Each Occurrence $300,000/$300,000 $143.90 $144.60 $78.30 Property Damage Liability $100,000 $124.90 $134.50 $58.30 Uninsured & Underinsured Motorists Each Person/Each Occurrence $100,000/$300,000 $69.00 $67.90 $52.00 Comprehensive (Excluding Collision)$500 Ded $85.10 $47.90 $51.50 Collision $500 Ded/Waiver $185.10 $241.90 $141.20 Emergency Road Service Full $11.60 $11.60 $11.60 Rental Reimbursement $50 Per Day $1,500 Max $32.90 $32.90 $32.90 Six Month Premium Per Vehicle $652.50 $681.30 $425.80 Total Six Month Premium $1,759.60 *Coverage applies where a premium or $0.00 is shown for a vehicle. Renewal Page 11 of 20 Continued on Next Page DEC_PAGE (03-14)(Page 2 of 4) If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount will be shown on your billing statements and is subject to change. Discounts and Surcharges Discounts Loyalty Persistency (All Vehicles) Single/Multi-Car Factor (All Vehicles) Anti-Theft (All Vehicles) California Good Driver (All Vehicles) Subclass Factor (Veh 1, 3) Advanced Safety Features (Veh 2, 3) Surcharges Accident and/or Conviction (Veh 2) Group Insurance Plan: Professional Group Insurance Plan Contract Type:A30CA Contract Amendments:ALL VEHICLES - A30CA SIGPGCW Unit Endorsements:UE316C(VEH 1) Class:A -N -14SF - O (VEH 1);0 -N -49MF - P (VEH 2);A -N -44MM - T (VEH 3) Important Policy Information -No coverage is provided in Mexico. -Reminder - Physical damage coverage will not cover loss for custom options on an owned automobile, including equipment, furnishings or finishings including paint, if the existence of those options has not been previously reported to us. This reminder does NOT apply in VIRGINIA, however, in Virginia coverage is limited for custom furnishings or equipment on pick-up trucks and vans but you may purchase coverage for this equipment. Please call us at 1-800-841-3000 or visit us at geico.com if you have any questions. -Congratulations! Your policy qualifies for the Professional Group Insurance Plan and includes a savings of $652.60. -Subject to the policy carrying Comprehensive and/or Collision Coverage, if a non-owned auto , in operation while leased or rented for a fee, has a Manufacturer Suggested Retail Price above $100,000, the limits of liability for loss to the non-owned auto is the highest of the actual cash value of any owned auto shown on the Declarations page. -GEICO now offers a discount in California for advanced safety features factory-installed on many vehicles. Please be sure to review each of your vehicles on geico.com or call us at 1-800-841-3000 to confirm all applicable safety features are listed. -For your protection, California law requires the following to appear on this form: ''Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.'' -Confirmation of coverage has been sent to your lienholder and/or additional insured. Renewal Page 12 of 20 DEC_PAGE (03-14)(Page 3 of 4) Important Policy Information -In California, you have the right to designate one person to receive notices from GEICO if your policy is about to cancel or expire for non-payment. Your designee will not have any rights or benefits under your policy other than the right to receive the notice or make a payment. You can change or remove the designee at any time. If you would like to add, change or remove a designee from your policy, simply log into your account at geico.com or call us at 1-800-841-3000. -Claims incurred while an insured vehicle is being used to carry passengers for hire may not be covered by this contract. Please review the contract for a full list of exclusions and contact us if you plan to use any of your insured vehicles for this purpose. -Your policy has been adjusted to reflect that you are now insured with GEICO Protection Insurance Company. -Please verify that the coverages you requested are accurately reflected on your Declarations Page. Visit geico.com to review additional coverages and/or limits available to you. -In accordance with Section 1872.87 of the California Insurance Code, in addition to your premium, a $0.88 charge per vehicle is assessed to fund auto insurance fraud reduction initiatives. This charge is applied once per policy term per vehicle. -The number of vehicles and drivers on your policy affects the calculation of your premium. -The annual mileage figures applicable to the vehicles on your policy for the current and upcoming policy periods are: Vehicle Current Mileage Upcoming Mileage 2016 Ford F-150 6,973 6,973 2018 Toyota Camry 7,140 7,140 2018 Subaru Forester 12,000 12,000 Renewal Page 13 of 20 DEC_PAGE (03-14)(Page 4 of 4)