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HomeMy WebLinkAbout26-001 Robert Mittelstaedt for Presentation on E-Bikes and Youth SafetyCITY OF mumel SHORT FORM ENTERTAINMENT AGREEMENT CITY OF CUPERTINO Parks & Recreation Department CUPERTINO 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: Robert Mittelstaedt Contractor Authorized Representative: Robert Mittelstaedt 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. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date last signed below. CITY OF CUPERTINO A Municipal Corporation fz By Name Chad Mosley Title Director of Public Works Date May 1, 2026 APPROVED AS TO FORM: Michael K Woo MICHAEL K. WOO Senior Assistant City Attorney ATTEST: LAUREN SAPUDAR City Clerk Date May 1, 2026 CONTRACTOR By Name Robert mittelstaedt Title Expert Date Apr 30, 2026 Tax I.D. No.: 554500254 May 5, 2020 Exhibit C 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 Robert Mittelstaedt 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 30 day of April , 2026, at ,California. California. Robert mittelstaedt PRINT NAME SIGNATURE Revised 2.06.23 CERTIFICATE NO.: CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM II PRODUCER I PUBLIC ENTITY (ADDITIONAL INSURED) II Alliant Insurance Services, Inc. P O Box 744963 Los Angeles, CA 90074-4963 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: City of Cupertino TYPE: E -Bike & Youth Safety Community 10300 Torre Ave Meeting Cupertino, CA 95014 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 policy 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 OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 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 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 AUTHORIZED REPRESENTATIVE: DATE ISSUED: ill MARKEL 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 1 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- Iasli/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. MPIL 1039 -CA 01 20 Page 2 of 2 State Farm Mutual Automobile Insurance Company PO Box 2358 Bloomington IL 61702-2358 StateFarm AT2 A-2 FA6 A MITTELSTAEDT, ROBERT A & Policy Number: Policy Period: April 4, 2026 to October 4, 2026 Vehicle: 2018 TESLA MODEL 3 Principal Driver: ROBERT A MITTELSTAEDT CONVENIENT PAYMENT OPTION: You may use one of State Farm's alternate payment plans which divides your present premium into two separate payments. You may pay one half of the amount due, $438.30 on APR 04 2026. The remaining half will be due on JUN 03 2026. We'll send you a reminder notice. We also have available a plan to let you pay your premium in monthly installments. For details on this plan and to Policy Number: 435 8811 -D04 -05A Prepared February 11, 2026 1004583 AUTO RENEWAL AMOUNT DUE: $876.61 Payment is due by April 04, 2026 Your State Farm Agent NIMA RAD INSURANCE AGENCY INC. Office: 415-925-0388 Address: 435 MAGNOLIA AVE UNIT 1 LARKSPUR, CA 94939-2034 If }vu have a new or different car, have added anyddvers, or have moved, please contact your agent. Thank you for choosing State Farm. determine if you qualify, please contact your State Farm agent. Notice of insurance information collection practices - personal, family, or household insurance transactions: We may collect customer information from persons other than the individual or individuals applying for coverage. Such customer information as well as other personal or privileged information subsequently collected may, in certain Please fold and tear here (continued on next page) Page number 1 of 5 143562 202 01-15-2018 Power To Pay Online Your Way statefarm.com/pay Mobile Use the State Farm mobile app Call Automated Line: 1-800-440-0998 Your agent: 415-925-0388 Mail f-' Send us a check Visit your State Farm agent Key code: 1682024376 StateFarm Insured: MITTELSTAEDT, ROBERT A & Policy Number: 435 8811 -D04 -05A 0209604261 State Farm Insurance Companies P.O. Box 680001 Amount Due: $876.61 Dallas, TX 75368-0001 Please pay by April 04, 2026 IIIIIIII'lllllll'111111'III'II.Il'IIII'lllll'llllllll"'IIIII"II Make payment to State Farm For Office Use Only AUTO REN $876.61 0426 1 -Al A 2FA6-FB14 APP DT 05-14-2026 MUTL VOL 00043830 559609400087661 005200435881111102> £StateFarm circumstances, be disclosed to third parties without your authorization as permitted by law. You have the right to submit a written request to access, correct, amend, or delete your personal information and the right to receive a response within 30 days of submitting your request. If we deny your request, you have the right to file a statement with us containing the information you feel is accurate and fair along with the reasons you disagree with our denial. Instructions on how to file such request and our full privacy notice can be found VEHICLE INFORMATION www.statefarm.com/customer-care/privacy-security/privacy or contact your State Farm Agent. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Review your policy information carefully. If anything is incorrect, or if there are any changes to your vehicle information, please let us know right away. Vehicle Identification Vehicle Description Number (VIN) Who principally drives this vehicle? How is this vehicle normally used? Other Household Vehicle(s) Your premium may be influenced by other State Farm policies that currently insure the following vehicle(s) in your household: 2014 BMW X3 2023 VOLVO XC60 Policy Number: 435 8811 -D04 -05A Prepared February 11, 2026 Page number 2 of 5 Thanks for being part of our neighborhood. You mean a lot to us. If you have any questions or need anything, please call State Farm® Agent NIMA RAD INSURANCE AGENCY INC. at 415-925-0388. TP3 1 StateFarm The premium on the expiring policy term was based on 8,000 miles per year. The premium on the renewal policy term was based on 8,000 miles per year. Premium Adjustment Each year, we review our medical payments and personal injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and DRIVER INFORMATION Assigned Driver(s) The following driver(s) are assigned to the vehicle(s) on this policy. model. In addition, we review the comprehensive, collision, bodily injury and property damage claim experience annually to determine which makes and models have earned decreases or increases from State Farm's standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice. Driving Experience as of Marital Name April 04, 2026 Status ROBERT A MITTELSTAEDT 62 years Married Other Household Driver(s) In addition to the Principal Driver(s) and Assigned Driver(s), your premium may be influenced by the drivers shown below and other individuals permitted to drive your vehicle. This list does not extend or expand coverage beyond that contained in this automobile policy. The drivers listed below are the drivers reported to us that most frequently drive other vehicles in your household. ANITA W HANSEN It is your responsibility to inform us of all regular drivers of your vehicles and changes to those drivers throughout the life of your policy. Failure to disclose drivers may result in denial of coverage. Regular drivers, regardless of their relationship to the primary named insured or their residence address, include: oc All drivers who drive the vehicle(s) on the policy once or more in a typical month oc All drivers who regularly drive the vehicle(s) at least three months of the year oc For business related vehicles, also include the business owner(s) and employee(s) that drive the vehicle(s) in any capacity Principal Driver & Assigned Drivers For each automobile, the Principal Driver is the individual who most frequently drives it. Each driver is designated as an Assigned Driver on the household automobile that they most frequently drive. Your premium may be influenced by the information shown for these drivers. COVERAGE AND LIMITS See your policy for an explanation of these coverages. A Liability Bodily Injury 500,000/500,000 Property Damage 100,000 $282.56 C Medical Payments 5,000 $10.83 (continued on next page) Policy Number: 435 8811 -D04 -05A Page number 3 of 5 Prepared February 11, 2026 StateFarm COVERAGE AND LIMITS continued D 100 Deductible Comprehensive $132.14 G 500 Deductible Collision $366.52 H Emergency Road Service $5.91 U Uninsured Motor Vehicle Bodily Injury 250,000/500,000 $75.58 U1 Uninsured Motor Vehicle Property Damage $3.07 Amount Due $876.61 If any coverage you carry is changed to give broader protection with no additional premium charge, we will give DISCOUNTS These adjustments have already been applied to your premium. you the broader protection without issuing a new policy, starting on the date we adopt the broader protection. Multiple Line ✓ Multicar ✓ Vehicle Safety ✓ Driving Safety Record ✓ California Good Driver ✓ Loyalty ✓ Total Discounts $3,801.41 Other Available Discount(s) You may be eligible for additional discounts See the enclosed insert for more information. Mature Driver SURCHARGES AND DISCOUNTS Driving Safety Record Rating Plan Your driving safety record, along with other rating factors, determines what you pay for Liability, Medical Payments, Comprehensive, Collision, and Uninsured Motor Vehicle Coverages. Policyholders with no accidents and convictions pay less than those with accidents and convictions. The Driving Safety Record Rate Level that is assigned to your policy moves up, down, or stays the same every policy renewal, depending upon your driving record. For every 12 months since the renewal following the occurrence of a chargeable accident or the conviction of a minor violation, the initial assigned Driver Record Level for that chargeable accident or conviction shall be lowered by 1 level. For each 12 month period since the conviction of a major violation, the initial assigned Driver Record Level for that conviction shall be lowered by 2 levels. The Rate Level is increased if there are subsequent chargeable accidents or convictions. Definition of Chargeable Accidents Chargeable accidents for new business are those which resulted in bodily injury or death or in payment(s) by an insurer due to damage to any property in the amount of more than $1000. For accidents occurring prior to December 11, 2011, an accident shall be chargeable provided it resulted in death or in payment(s) by an insurer due to damage to any property in the amount of more than $750. For applicants without prior insurance at the time of the accident, an accident shall be chargeable provided it resulted in damage to any property in the amount of more (continued on next page) Policy Number: 435 8811 -D04 -05A Prepared February 11, 2026 Page number 4 of 5 £StateFarm than $1000 (more than $750 if the accident occurred prior to December 11, 2011). Chargeable accidents for renewal business are those which resulted in bodily injury or death or State Farm claim payments totaling more than $1000 (more than $750 for accidents occurring prior to December 11, 2011) under ADDITIONAL INFORMATION IMPORTANT NOTICE For your protection California law requires the following to appear with this policy: 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. property damage liability coverage and collision coverage combined. For more information about the rating plan, please contact your State Farm agent. Superior Driver Rate Level If any information on this renewal notice is incomplete or inaccurate, or if you want to confirm the information we have in our records, please contact your agent. For additional information regarding discounts or coverages, see your State Farm agent or visit statefarm.com®. Endorsement 6130Q effective APR 04 2026. Important Notice Regarding Your Premium State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile insurance is determined by many factors including: oc The coverage you have cc Where you live cc The kind of car you drive oc How the car is used cc Who drives the car Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent. Buying a new car? Remember to contact your agent! When you buy an additional car or one that replaces a car already on your policy, you need to report the change to your agent promptly. Even though the dealership you purchased the car from may offer to notify your agent or insurance company, you, as the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you can help: cc avoid any complications or lack of coverage in the event of an accident or loss, cc avoid insurance verification problems with a lienholder, the police, or the department of motor vehicles, and cc ensure that you receive any new discounts you may be entitled to. Your current State Farm policy automatically provides certain coverages for a new or replacement car for up to a specified, limited number of days after you take possession of the car. Please refer to your policy for the number of days that applies in your state. If you have any questions about coverage for a newly acquired car, please contact your State Farm agent. Disclaimer: This message is provided for informational purposes only and does not grant any insurance coverage. The terms and conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any applicable endorsements. Policy Number: 435 8811 -D04 -05A Page number 5 of 5 Prepared February 11, 2026