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HomeMy WebLinkAbout26-162 Peninsula Party Rental, Inc Equipment Rental For Bike Fest 2026Equipment Rental For Bike Fest 2026 1 of 5 Services Agreement ($5,000) / April 2024 SERVICES AGREEMENT ($5,000 OR LESS) 1. Parties. This Agreement (“Agreement”) is made by and between the City of Cupertino, a municipal corporation (“City”) and Peninsula Party Rental, Inc. (“Contractor”), a Corporation, and is effective on the last date signed below (“Effective Date”). 2. Services. Contractor agrees to provide the programs, classes or activities (“Services”) set forth in detail in the Scope of Services, attached and incorporated here as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. Time of Performance. This Agreement begins on the Effective Date and ends on September 26, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit A. Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. The City’s designated supervisor for this Agreement may extend the Contract Time by up to six (6) months through a written amendment to this Agreement, provided such extension does not include additional contract funds. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed $3,629.94 (“Contract Price”), based upon the Scope of Services and the budget and rates included in Exhibit A. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Upon City approval of written invoices, Contractor will be paid as follows: (check one; cross out others): ☒ A lump sum amount of $3,629.94 which shall not exceed the Contract Price. ☐ At the rate of $_______ per hour for a total not to exceed the Contract Price. ☐ Based on the payment schedule included or attached to Exhibit A which shall not exceed the Contract Price. 5. Independent Contractor. 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. Contractor is not entitled to health benefits, workers compensation or other benefits from the City. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 6. Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment Equipment Rental For Bike Fest 2026 2 of 5 Services Agreement ($5,000) / April 2024 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. 7. Assignment. This Agreement is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services. 8. 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 shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; 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. 9. Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. Equipment Rental For Bike Fest 2026 3 of 5 Services Agreement ($5,000) / April 2024 10. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. ☐ Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign the Affidavit of No Employees included in this Agreement. Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a con flict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 11. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment. 12. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves the right to terminate the Agreement and the remainder of the Services offered by Consultant without notice based upon Contractor’s cancellation of a Service (i.e., program, class or activity) without giving advance notice or obtaining written approval from City. 13. Governing Law. This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the 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. 14. Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement or understanding, either oral or Equipment Rental For Bike Fest 2026 4 of 5 Services Agreement ($5,000) / April 2024 written, between the Parties. Any changes to this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferred herein. 15. Services Coordinator. The Parties designate the following persons as Services Coordinators for this Agreement. Contractor’s designation and any substitution are subject to City approval. For City: For Contractor: Birgit Werner Ines Zavala Safe Routes to School Coordinator President bwerner@cupertino.gov info@peninsulaparty.com 16. Contract Interpretation. There are no intended third party beneficiaries of this Agreement. Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. The headings in this Agreement are for convenience only. The Indemnification and Governing Law sections expressly survive this Agreement. 17. Severability. If a term or provision of the Agreement or its application to a particular situation is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 18. Notices. All notices, demands, requests, and approvals must be sent to the persons below in writing, and will be considered effective on the date of personal delivery, upon confirmation of delivery by a reputable overnight delivery service, on the fifth calendar day after deposit thereof in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino CA 95014 Attention: Birgit Werner Email: bwerner@cupertino.gov To Contractor: Peninsula Party Rental Inc. 936 Industrial Ave, Palo Alto, CA 94303 Attention: Ines Zavala Email: info@peninsulaparty.com 19. Execution. Contractor’s signatory warrants that he or she is authorized to execute the Agreement and to legally bind Contractor. This Agreement 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 Equipment Rental For Bike Fest 2026 5 of 5 Services Agreement ($5,000) / April 2024 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the Effective Date written above. CITY OF CUPERTINO A Municipal Corporation PENINSULA PARTY RENTAL, INC. By: By: Name: Name: Title: Date: Title: Date: APPROVED AS TO FORM: By: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: By: LAUREN SAPUDAR City Clerk Date: Ines Zavala Ines Zavala owner Sept 24, 2026 Michael K Woo Jimmy Tan Assistant Director of Public Works Sept 24, 2026 Lauren Sapudar Sept 24, 2026 By signing bellow, I agree to be bound by the terms and conditions of this Rental Agreement. In addition, I had the opportunity to read the Terms and Conditions of Rental attached to this Rental Agreement and incorporated herein by reference. And agree to be bound by such Terms and Conditions. Customer/Rentee Signature: X____________________________________________________ Peninsula Party Rentals 936 Industrial Avenue Palo Alto, CA 94303 US +16502138000 info@peninsulaparty.com peninsulaparty.com Invoice BILL TO BIRGIT WERNER 10300 TORRE AVE CUPERTINO, CA. 95014 650-521-7047 SHIP TO CIVIC CENTER PLAZA 10350 TORRE AVE CUPERTINO, CA 95014 INVOICE #DATE TOTAL DUE DUE DATE TERMS ENCLOSED 26406 09/17/2026 $3,629.94 09/26/2026 CHECK SHIP DATE SHIP VIA SALES REP 09/26/2026 DELIVERY ALICIA ACTIVITY DESCRIPTION QTY RATE AMOUNT CA100 Canopy 10X10 NO WALLS 19 85.00 1,615.00T CA112 Canopy Set Up and Take Down 10X10 19 10.00 190.00T TA001 Table 6' Rental 36 10.00 360.00T TA005 Table 48" Round Rental 14 10.00 140.00T CH001 Plastic folding Chair WHITE 127 1.75 222.25T Labor SET UP AND REMOVAL FOR TABLES AND CHAIRS 177 2.00 354.00T Labor GUARANTEED ON TIME DELIVERY 1 100.00 100.00T Labor EARLY DELIVERY FEE 1 300.00 300.00T DEL CUP DELIVERY AND PICK UP FEE CUPERTINO 1 45.00 45.00T DELIVERY 09/26/2026 5AM CHECK ON DELIVERY PICK UP SAME DAY 2-3PM SUBTOTAL 3,326.25 TAX 303.69 TOTAL 3,629.94 BALANCE DUE $3,629.94 Exhibit A Exh. B - Insurance Requirements for Services and Activities Involving Children 1 Version: May 2025 Contractor shall procure and maintain for the duration of the contract, 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: 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, with limits no less than $2,000,000 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 (ii) 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. Sexual Abuse/Molestation insurance is required for contracts involving minors or vulnerable populations in after school activities, recreational programs, athletics, studies, and transportation of students. 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 in an amount of not less than $2,000,000 per occurrence and $4,000,000 aggregate. 3. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) 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 each accident for bodily injury and property damage. (Note – required only if auto is used in performance of work; otherwise proof of personal auto liability policy may suffice upon approval by the City) 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. EXHIBIT B Insurance Requirements ($5,000 or less) Services & Activities Involving Children Exh. B - Insurance Requirements for Services and Activities Involving Children 2 Version: May 2025 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). In 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. 4. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Contractor has provided written verification of no employees. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, 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 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 subrogation in favor of City, its employees, agents and volunteers. 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 Exh. B - Insurance Requirements for Services and Activities Involving Children 3 Version: May 2025 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. Subcontractor Contractor shall require and verify that all subcontractor 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. Workers' Compensation O icer Exclusion Statement Peninsula Party Rental, Inc. is a Corporation with the following individuals serving as shareholders, oAicers, and directors:  Jose de Jesus Arellano  Christopher Y. Huerta These individuals actively participate in the management and operation of the corporation and are not independent contractors of Peninsula Party Rental, Inc. Pursuant to California Labor Code Sections 3351 and 3352, each of the above-named individuals has elected to be excluded from workers' compensation coverage as a qualifying corporate oAicer and/or director. Each individual satisfies the applicable statutory ownership requirements for exclusion and has executed the required waiver under penalty of perjury. Where applicable, the individuals also maintain the health insurance coverage required by California law for oAicer/director exclusions. Accordingly, Peninsula Party Rental, Inc., workers' compensation insurer has been notified of these exclusions, and the corporation's workers' compensation policy does not provide coverage for these excluded oAicers and directors. Peninsula Party Rental, Inc., certifies that no other employees perform work for the corporation. Should the corporation hire or engage employees who are not eligible for exclusion under California law, Peninsula Party Rental, Inc., will maintain workers' compensation coverage as required by law. Respectfully submitted, Peninsula Party Rental, Inc. By: ___________________________ Name: _________________________ Title: __________________________ Date: __________________________ Ines Zavala Ines Zavala owner Sept 24, 2026 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 City of Cupertino, Its City Council, Officers, Officials, Employees, Agents, Servants and Volunteers Amended certificate replaces all prior certificates NAMED INSURED (EVENT HOLDER): City of Cupertino, its City Council, Officers, Officials, Employees, Agents, Servants and Volunteers 10300 Torre Ave Cupertino, CA 95014 EVENT INFORMATION: TYPE: 2026 Cupertino Fall Bike Fest DATE(S): September 26, 2026 LOCATION: Cupertino Civic Center, 10350 Torre Ave, Cupertino, CA 95014 *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 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) X 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 Civic Park Master Association Black Mountain Composite Mountain Bike Team Tim Oey Bruce Hildenbrand Jeff Clark Climate Carnival Peninsula Party Rentals 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: 9/18/26 Page 1 of 2MDIL 1001 08 11 EVANSTON INSURANCE COMPANY FORMS SCHEDULE POLICY NUMBER: MKLV7PBC002230 FORM NUMBER FORM NAME MJIL 1000 08 10 MPIL 1007 01 20 MPIL 1039-CA 01 20 MPIL 1041 02 20 MPIL 1083 04 15 MDIL 1001 08 11 IL 00 21 09 08 MEIL 1231 10 13 MDGL 1008 08 11 BC CG 00 01 04 13 CG 02 24 10 93 CG 20 01 04 13 CG 20 11 04 13 CG 20 26 04 13 CG 21 33 11 85 CG 21 47 12 07 CG 21 58 04 13 CG 21 70 01 15 CG 21 76 01 15 CG 21 96 03 05 IL 00 17 11 98 MEGL 0241 05 16 MEGL 1639 08 14 MEGL 2300 11 19 MEGL 2322 05 21 MEGL 5300 05 16 MEGL 5302 05 16 MEGL 5303 05 16 MEIL 1200-CA 02 23 MEIL 1225 10 11 MEIL 1251 10 21 MGL 1319 01 16 MGL 1356 10 20 MIL 1214 09 17 IL 12 01 11 85 MDIL 1000-CA 08 11 Common Policy Declarations Policy Changes - for CA Trade or Economic Sanctions Exclusion - Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data Exclusion - Unmanned Aircraft Two Or More Coverage Forms or Policies Changes - Civil Union Service Of Suit - California Exclusion - Lead Exclusion - Asbestos Exclusion-Organic Pathogen And Legionellae Exclusion - Communicable Disease Exclusion - Marijuana Excl - Aircraft and Hot Air Balloon Rides, Demos & Waiver Of Transfer of Rights Against Others to Us Common Policy Conditions ESX Silica Or Silica-Related Dust Exclusion Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism Cap on Losses From Certified Acts of Terrorism Exclusion - Professional Veterinarian Services Employment Related Practices Exclusion Exclusion - Designated Products Additional Insured - Desg Person or Organization Additional Insured-Managers or Lessors of Premises Primary & Noncontributory - Other Ins Condition Earlier Notices of Cancellation Provided By Us Commercial General Liability Coverage Form Commercial General Liability Coverage Part Declarations Minimum Earned Premium And Minimum Retained Premium Nuclear Energy Liability Exclusion Endorsement GD Forms Schedule U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC") Advisory Notice To Policyholders How To Report A Claim California Surplus Lines Notice (D-2) Privacy Notice Policy Jacket/Signature Page Page 2 of 2MDIL 1001 08 11 Abuse, Molestation, Or Exploitation Coverage-Defense Costs Within Limits Concert or Performance Exclusions and Limitations Exclusion - Aircraft and Watercraft Liability Assumed Under An Insured Contract Exclusion - Amusement Devices and Rides Exclusion - Boxing, Wrestling and Contact Martial Arts Exclusion - Entertainers, Participants and Equipment Exclusion - Fireworks, Pyrotechnics and Flashboxes Exclusion - Motorized Sporting Events Exclusion - Professional Sporting Events Exclusion - Rodeos and Roping Events Exclusion - Obstacle Course Races and Mud Runs Additional Insured - Concessionaires, Exhibitors and vendors Aggregate Limit of Insurance Broadened Insurance Damage to Property Coverage Liquor Liability Coverage Premium Reporting Primary and Noncontributing Insurance Exclusion-Abuse, Molestation, Or ExploitationMEGL 2632 01 24 MEGL 1857 11 17 MEGL 1856 10 14 MEGL 1855 08 14 MEGL 1854 08 14 MEGL 1853 10 14 MEGL 1852 08 14 MEGL 1851 08 14 MEGL 1664 08 15 MEGL 1647 08 14 MEGL 1646 08 14 MEGL 1645 08 14 MEGL 1644 08 14 MEGL 1643 08 14 MEGL 1642 10 14 MEGL 1641 05 16 MEGL 1640 08 14 MEGL 1638 11 19 MEGL 0205 01 24 © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only 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: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 POLICY NUMBER: MKLV7PBC002230 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, and Volunteers Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1MEGL 0241 5 16 EVANSTON INSURANCE COMPANY 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: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule of this endorsement with respect to written contracts that exist between you and such person or organization, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. SCHEDULE COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MKLV7PBC002230 Name Of Person Or Organization: Additional Premium:$150 per Tenant/User or Instructor/Recreation Event Waiver is provided to a state or municipal public entity when required for an individual "Tenant/User Event" or "Instructor/Recreation Event", and when this waver has been elected and purchased for that individual event. A “Tenant/User Event” is an event that is held or sponsored by companies, organizations, or individuals that have been permitted to use your premises. An “Instructor/Recreation Event” is an event that is instructional to its participants. Instructors are not employees of the public entity, but provide instructional services for a fee. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 POLICY NUMBER: MKLV7PBC002230 CALIFORNIA EVIDENCE OF LIABILITY INSURANCE Commercial Policy Policy Number: Effective Date: Expiration Date: NAIC Number: Year: Make: Model: Insurance Company Name and Address: Agent Name: Phone No: 25-7699 01-25 Vehicle I.D. No: A7699201READ BELOW CAREFULLY. INVALID UNLESS PREMIUM IS PAID This policy complies with Sections 16056 or 16500.5 of the California Vehicle Code. READ CAREFULLY THE CALIFORNIA FINANCIAL RESPONSIBILITY ACT, (SECTION 16020) OF THE VEHICLE CODE, REQUIRES EVERY OWNER OR OPERATOR OF A VEHICLE SUBJECT TO THE REQUIREMENTS OF THE FINANCIAL RESPONSIBILITY ACT SHALL CARRY EVIDENCE OF FINANCIAL RESPONSIBILITY IN THE VEHICLE AT ALL TIMES. UNDER VEHICLE CODE (SECTION 16025) EVERY DRIVER INVOLVED IN AN ACCIDENT MUST PROVIDE EVIDENCE OF FINANCIAL RESPONSIBILITY AT THE SCENE. FAILURE TO COMPLY IS AN INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS ($250). What to do in case of accident 1.Stop and check for injuries. Call an ambulance, if anyone is injured. 2.Warn other drivers to prevent further damage. Set flares. Signal with flashlight at night. 3.Notify the police. Many times a passing driver or bystander will do this for you. 4.Gather the facts. Be sure to get the names of witnesses, as well as other pertinent information. (i.e. driver's license#, insurance information and description of the other vehicle) 5.Be careful what you say. Don't admit responsibility. Investigation may show you were not responsible. 6.Report to proper authorities. Each state has its own requirements for such reports. Know the law for your state and comply. 7.CONTACT THE FARMERS INSURANCE CLAIM CENTER IMMEDIATELY! FOR 24 HOUR CLAIMS SERVICE, CALL US TOLL FREE AT 1-800-435-7764 FOR ASSISTANCE, PARA ESPAÑOL LLAME AL 1-877-732-5266. FARMERS INSURANCE GROUP OF COMPANIES - 6301 OWENSMOUTH AVE, WOODLAND HILLS, CA 91367 KEEP WITH VEHICLE ZAVALA, FELICIANO PENINSULA PARTY RENTALS 936 INDUSTRIAL AVE PALO ALTO CA 94303-4911 60676-15-52 10/01/25 10/01/26 21687 54DC4W1D7MS206945 2021 ISUZU NPR HD NAOMI HAYASHI 650-321-7637 MID-CENTURY INSURANCE COMPANY 6301 Owensmouth Ave, Woodland Hills, CA 91367. 60676-15-52 10-01-2025 009 54DC4W1D7MS206945 2021 ISUZU NPR HD 94303 Liability $1,000,000 $3,913 Medical Payments $2,000 $52 Uninsured Motorist $1,000,000 $312 Underinsured Motorist Included Included Comprehensive $500 Deductible $249 Collision $500 Deductible $602 Towing And Labor $500 $28 $5,156 010 W1Y9NC3Y1RT163615 2024 MERCEDES-BENZ SPRINTER 4 94303 Liability $2,979 $1,000,000 Medical Payments $52 $2,000 Uninsured Motorist $312 $1,000,000 Underinsured Motorist Included Included Comprehensive $353 $500 Deductible Collision $745 $500 Deductible Towing And Labor $28 $500 $4,469 Page 5 of 8 Policy Number:Effective Date: ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN (DETAIL) Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimit Of Insurance Or Deductible Vehicle Total Premium Covered Auto No.:VIN: Description:Garaging Zip: Coverage PremiumLimit Of Insurance Or Deductible Vehicle Total Premium 56-6190 1ST EDITION 06-16 C6190104 566190-E1D 70 Fenchurch Street London EC3M 4BR Telephone: +44 (0)20 3037 8000 Fax: +44 (0)20 3037 8010 www.tysers.com CLAIMS MADE SEXUAL MISCONDUCT AND MOLESTATION INSURANCE Form:Tysers SafeGuard 2021-Primary Policy Number: Unique Market Reference: B0572TBA Renewal of: MR254153 Named Insured:Name: City of Cupertino Parks and Recreation Department, Public Works Department Address: 10300 Torre Avenue, Cupertino, CA 95014 Policy Period:From: 1st July 2026 To: 1st July 2027 Both days at 12:01 a.m. Local Time at the Address specified above Limit of Liability: a) USD 5,000,000 in the aggregate during the policy period for all claims brought by or on behalf of each victim, and b) USD 5,000,000 in the aggregate during the policy period for all claims brought by or on behalf of all victims and separately: c) USD 75,000 in the aggregate during the policy period for all safeguard costs resulting from all circumstances Such Limit of Liability shall be in addition to the overall Limit of Liability stated in a) and b) above. Retention: USD 35,000 each Victim Optional Extension Period: 12 months Additional premium of 100% of the annual premium plus applicable taxes, provided no claims and/or circumstances have been reported to the insurance company. In the event any claims and/or circumstances have been reported to the insurance company, the additional premium for the 12 month optional extension period will be determined by the insurance company at the time this Policy is not renewed or replaced by the insurance company Premium: USD 45,000 (annual) plus applicable taxes Notification pursuant to Clause IX. Shall be given to: Beazley Group Attn: Claims Group 65 Memorial Road, Suite 320, West Hartford Connecticut 06107, United States of America. claims@beazley.com or Other Notices: To report a circumstance under the Safeguard Additional Coverage, Call +1 844 285 4700 where a service representative will be available 24 hours a day, seven days a week Retroactive Date: 1st July 2018 Pending or Prior Litigation Date: 1st July 2018 Service of Suit: Service of process in any suit shall be made upon: East Tower, 25th Floor New York, NY 10017 Governing Law: New York Conditions: Application Dated: 26th May 2026 California Surplus Lines Notice California Complaints Notice Nuclear Incident Exclusion Clause-Liability-Direct NMA 1256 Radioactive Contamination Exclusion Clause-Liability - NMA 1477 War and Terrorism Exclusion NMA 2918 US Terrorism Risk Insurance Act of 2002 as amended New & Renewal Business Endorsement LMA5389 Several Liability Notice LMA5096 Sanctions Limits Clause - LMA3100A Tysers SafeGuard 2021 - Risk Management & Response Solutions Cyber Acts Clarification U.S Classification: Surplus Lines Broker and State filed in: Risk Placement Services, Inc Rolling Meadows, IL 60008 License Number: 0C66724 State of Filing: CA Subject to: 1. Confirmation of the Surplus Lines Broker. Including name of individual, company name, address and license number. All subjectivities to be received prior to binding otherwise Underwriters reserve the right to amend terms or cancel ab initio. Information:Employees 210 Volunteers 0 Independent Contractors 110 Total FTE count - 320 Exposure Units 70,000 Nature of Business Municipality Cancellation by an Insured may result in a short rate calculation to determine the return premium, subject to 5% minimum earned of the total premium. Underwriting Security: Information About Lloyd's) Validity Period: Expires 1st July 2026 Equipment Rental For Bike Fest 2026 Final Audit Report 2026-09-24 Created:2026-09-24 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAP7NjPnbhQQ_qUc6aGKUlXSqHTUfmW-_R "Equipment Rental For Bike Fest 2026" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-09-24 - 0:18:29 AM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-09-24 - 0:27:59 AM GMT Email viewed by aracelia@cupertino.org 2026-09-24 - 0:28:10 AM GMT- IP address: 184.195.60.154 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-09-24 - 0:38:27 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-09-24 - 0:38:29 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to info@peninsulaparty.com for signature 2026-09-24 - 0:38:31 AM GMT Email viewed by info@peninsulaparty.com 2026-09-24 - 0:58:32 AM GMT- IP address: 74.125.209.198 Signer info@peninsulaparty.com entered name at signing as Ines Zavala 2026-09-24 - 4:34:30 PM GMT- IP address: 73.92.128.223 Document e-signed by Ines Zavala (info@peninsulaparty.com) Signature Date: 2026-09-24 - 4:34:32 PM GMT - Time Source: server- IP address: 73.92.128.223 - Signature Appearance Selected: TYPE Document emailed to michaelw@cupertino.org for signature 2026-09-24 - 4:34:34 PM GMT Email viewed by michaelw@cupertino.org 2026-09-24 - 4:34:43 PM GMT- IP address: 98.81.194.172 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-09-24 - 6:38:38 PM GMT- IP address: 69.181.158.199 Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-09-24 - 6:38:40 PM GMT - Time Source: server- IP address: 69.181.158.199 - Signature Appearance Selected: TYPE Document emailed to Jimmy Tan (jimmyt@cupertino.org) for signature 2026-09-24 - 6:38:42 PM GMT Email viewed by Jimmy Tan (jimmyt@cupertino.org) 2026-09-24 - 6:38:52 PM GMT- IP address: 98.82.21.32 Document e-signed by Jimmy Tan (jimmyt@cupertino.org) Signature Date: 2026-09-24 - 6:48:38 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: IMAGE Document emailed to laurens@cupertino.org for signature 2026-09-24 - 6:48:40 PM GMT Email viewed by laurens@cupertino.org 2026-09-24 - 6:48:49 PM GMT- IP address: 98.82.21.32 Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-09-24 - 6:52:52 PM GMT- IP address: 69.149.42.28 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-09-24 - 6:52:54 PM GMT - Time Source: server- IP address: 69.149.42.28 - Signature Appearance Selected: TYPE Agreement completed. 2026-09-24 - 6:52:54 PM GMT