18-111 Professional Turf Management, Inc., Blackberry Farm Opening of Scenic Circle gate and restroomsCITY OF
SERVICES AGREEMENT
($5,000 OR LESS)
2._of9 -Ol'1-
CUPERTINO
1. Parties. This Agreement ("Agreement") is made and entered into as of July 1, 2018 -~~--------
("Effective Date") by and between the City of Cupertino, a municipal corporation ("City") and
Professional Turf Management, P.O. Box 700142, San Jose, Ca. 95170
("Contractor"), a_C_o_rp~o_ra_t_io_n _______ _
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.
3. Time of Performance. This Agreement begins on the Effective Date and ends on June 30, 2021
("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.
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_,_0'-'0--'-0 ______ _
("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):
8-A-1-Ymp sffill ameurn ef $ 'Hfti-eR-sfltlH-flet e~ceeecl ~.
~-the rtttc of$ per hol:t.f"'f~-6-e*:eeecl-the-GeRtffiet-Pf.i.ee.
0 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 perfonn 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. 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.
Program Blackberry Farm Opening of Scenic Circle gate and restrooms
Services Agreement ($5,000)/Rev. May 22, 2018
Page 1 of 6
7. 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.
8. 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.
9. 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.
D 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.
Program Blackberry Farm Opening of Scenic Circle gate and restrooms
Services Agreement ($5,000)/Rev. May 22, 2018
Page 2 of 6
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 conflict 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.
10. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment.
11. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves
the right to tenninate 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.
12. 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 oflaw and fact.
13. 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
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 the main Agreement
and the attachments or exhibits thereto, the text of the main Agreement shall prevail. Each provision
and clause required by law for this Agreement is deemed to be inserted and will be inferred herein.
14. 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 Contractor:
Professsional Turf Management
Michael Basile
Name
Owner
Position
mike basile@hotmail.com/408 315-3865
Contact
For City:
Jenny Koverman
Name
Recreation Supervisor
Position
jennyk@cupertino.org/408 777-3129
Contact
Program Blackberry Farm Opening of Scenic Circle gate and restrooms
Services Agreement ($5,000)/Rev. May 22, 2018
Page 3 of6
15. 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.
16. 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/ provision shall remain in effect to
the extent allowed by such ruling. All other tenns and provisions of this Agreement or their application
to specific situations shall remain in full force and effect.
17. 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:
10185 N. Stelling Road, Cupertino, CA 95014
Attention: Jenny Koverman
Email:jennyk@cupertino.org
To Contractor: Professional Turf Management
P.O. Box 700142
San Jose, Ca. 95170
Attention: Michael Basile
Email: mike basile@hotmail.com
18. Validity of Contract. This Agreement is valid and enforceable only if (a) it complies with the contract
provisions of Cupertino Municipal Code Sections 3 .22 and 3 .23, (b) is signed by the City Manager or
an authorized designee, and (c) is approved for form by the City Attorney's Office.
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.
Program Blackberry Farm Opening of Scenic Circle gate and restrooms
Services Agreement ($5,000)/Rev. May 22, 2018
Page 4 of6
IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the Effective
Date written above.
CONTRACTOR
Professional Turf Management
By: ?£L~L
Name: /!1c)~e/ &1 fe
'
Title:Owner C)l,4) YI e / j}/\eS td_e.-,7
Tax ID. No.: 061667163 --------
By:--'---+------------
ROCIO . FIERRO
Cuperti o Acting City Attorney
ATTEST:
By: M-oc~~
GRACE SCHMIDT, City Clerk {,, Z(·( !
CITY OF CUPERTINO
A Municipal Corporation
By:~_,'
Name: {!)v;s/J),e__ f/arJe,,/
Title: /b:s-i-· ."])/rec,frr
Program Blackberry Farm Opening of Scenic Circle gate and restrooms
Services Agreement ($5,000)/Rev. May 22, 2018
Page 5 of 6
EXHIBIT A
SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide A SERVICE in, but not limited to, the following:
OPENING OF THE BLACKBERRY FARM SCENIC CIRCLE GATE AND ONE SET OF
RESTROOMS ON THE WEST SIDE OF THE PARK.
Location and Time of CONTRACTOR Services:
Consultant will open gate and restrooms between 6:00 a.m. and 6:30 a.m. on weekends and holidays
with the exception of the following two days each year -December 25, and January 1.
Compensation for CONTRACTOR Services:
Contractor shall be compensated for services performed pursuant to this Agreement. Compensation
shall consist of the following: $7.50 per each day. The total compensation to the Contractor shall not
exceed $3,000.
List of all Contractor Employees working for the City of Cupertino (if no Employees, identify
"self"):
ExhibitB
Insurance Requirements for Recreation Contracts
As required by Section 12 of the Agreement, Contractor shall procure and maintain the following insurance
for the duration of the contract against claims arising from or in connection with Contractor, its agents,
representatives, employees or subcontractors Services under this Agreement.
Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an
"occurrence" basis, including property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply
separately to this project/location (CG 25 03 or 25 04) or be twice the required occurrence limit.
2. Automobile Liability: ISO CA 0001 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.
D Otherwise, proof of Contractor's personal auto insurance with limits required by state law
suffices. Contractor shall not transport or use its personal vehicle to transport participants or
perform work under this contract.
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 for bodily injury or disease.
~ Required if Contractor has employees.
D If no employees, Contractor must sign Affidavit of No Employees.
4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving
minors, (i.e., after school activities, recreational programs, athletics, study/training events and
transportation of minors). Coverage may be included under General Liability or be obtained in a separate
policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per
occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the
required occurrence limit.
D Required if Contract involves services to children.
Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.
Self-Insured Retentions: Self-insured retentions must be approved by City. City may require Contractor to
provide proof of ability to pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language must provide, or be endorsed to provide, that the self-
insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers: Insurance must be issued by insurers acceptable to City and licensed to do business
in the State of California, with an A.M. Best's financial strength rating of "A" or better and a financial size
rating of "VII" or better.
OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the
following provisions:
1. The City, its City Council, boards and commissions, officers, officials, employees, agents, servants
and volunteers are to be covered as additional insureds with respect to liability arising out of work or
Exh. B Insurance for Recreation Contracts Updated 3-26-18
1
operations performed by or on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations.
2. Contractor's insurance shall be primary insurance coverage at least as broad as ISO CG 20 01 04
13 as respects the City, its officers, officials, employees, agents, and volunteers.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or
appointed officers, officials, agents, and employees for losses paid under the terms of any policy
which arise from work performed by Contractor for City. This provision also applies to the
Contractor's Workers' Compensation policy.
4. Each insurance policy required by this contract shall provide that coverage shall not be canceled,
except with notice to the City.
Primary Coverage: The Additional Insured coverage under Contractor's policy shall be primary non-
contributory and at least as broad as ISO CG 20 01 04 13 as respects the City and all the
insureds/indemnitees. If the limits of insurance required are satisfied in part by Umbrella/Excess Insurance,
the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a "primary and non-contributory" basis for the benefit of the Additional Insureds before City's
own insurance is triggered.
Notice of Cancellation: Each insurance policy shall provide that coverage shall not be canceled or allowed to
expire without written notice to City 30 days in advance or 10 days in advance if due to non-payment of
premiums. Such notice must be sent to City via email or certified mail to the attention of the City Manager.
Waiver of Subrogation: Contractor grants City a waiver of any right to subrogation which any insurer of said
Contractor may acquire against City by virtue of payment of any loss under such insurance. Contractor will
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Verification of Coverage: Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by these
specifications, at any time. At a minimum Contractor must provide acceptable copies of the policy
declarations and endorsement page verifying the required insurance coverages.
Homeowner's Insurance: Contractor's homeowner's liability insurance may provide coverage sufficient to
meet these requirements. Contractor should provide these requirements to his or her agent to confirm and
provide verification to City.
Special Events Coverage: Insurers may provide special events coverage for a reduced fee, or City may be
able to offer this coverage. Contractor should contact the City Manager's Office for information or assistance.
Special Risks or Circumstances: City reserves the right to modify these requirements based on the nature of
the risk, prior experience, insurer, coverage, or other special circumstances.
Exh. B Insurance for Recreation Contracts Updated 3-26-18
2
"1.~°-R~® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDNYYY)
05/08/18
THIS CERTIFICATE JS 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 pollcy(les) must 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 rights to the
certificate holder In Heu of such endorsement(s).
PRODUCER ~XtA~~i.;1
VOLPATTI INSURANCE SERVICES INC , W8i~ Exll: (925) 243-0131 I r..ea No):(925) 243-0132 511 Leisure Street ~ob1~ss:rick@volpatti.com
Livermore, CA 94551 INSURER(S) AFFORDING COVERAGE NAIC# License#:OE40809 INSURER A: Scottsdale Insurance Company 41297
INSURED Professional Turf Management, Inc .. INSURER 6 : Teohnology Insurance Company, Inc. 42376
INSURER c: California Capital Insurance Company 13544
PO Box 700142 INSURER D;
San Jose, CA 95170 INSURER E;
INSURERF:
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.
1r:1: TYPE OF INSURANCE [ADDI. SUBR 1J8'~8~1 1,:a~8~i LIMITS IN$R IWVD POLICY NUMBER
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -
X COMMERCIAL GENERAL LIABILITY .,,.,,.,,.,..,,ic 1 ~I'"''' 11:u $ 100,000 PREMISES Ea occurrence) >--D CLAIMS-MADE CR] OCCUR -MED EXP (Any one person) $ 5,000
A CPS2807423 04/01/2010 04/01/2019 PERSONAL & ADV INJURY $ 2,000,000
r--y 4,000,000 GENERAL AGGREGATE $ -
GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 4,000,000
-i POLICY fx1 ~f P.,: n LDC -$
AUTOMOBILE LIABILITY f~;Jv-~0Mtmscu tr'NGLt: LfMI 1 Ea accident $ -ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident) $
r---NON-OWNED rfuPERTY DAMI\<£ HIRED AUTOS AUTOS Per accident\ $ --$
UMBRELLA LIAB
r-lOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
WORKERS COMPENSATION X I yyC STATU-I jOTH·
AND EMPLOYERS' LIABILITY TORY LIMITS ER YIN TWC3709409 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE [xJ y E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 04/01/18 04/01/19 (Mandatory In NH) E.L. DISEASE • EA EMPLOYE ~ $ 1,000,000
If yes, describe under E.l. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below
Conunercial Inland Contractors Equip.
C Marine 3-MIA-1-026769 6/23/2017 6/23/2018 $224,082
Deductible $500
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
The City of Cupertino, its directors, offioers, agents, consultants and employees are named as
additional insured in regard to General Liability and Primary/Non-Contributory wording is
attached to this policy. Waiver of Subrogation in regard to workers compensation in favor of
City of Cupertino.
The issuing insurer will endeavor to mail 30 days written notice of cancellation.
CERTIFICATE HOLDER
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS. .
ACORD25 (2010/05) The ACORD name and logo are registered marl<s of ACORD
:Jl SCOTTSDALE INSURANCE COMP.AN?
ENDORSEMENT
NO. __ · __ _
ATTACHliP TO ANP aNPORSBMllNT l:ll"l'llCTIVll DATll l'ORM ING A l'ART OP (12101 A,M, STANDARD '!'IMS) NAMSP INSUIH!O AGBNTNO,
POI.ICY NUMBER
\I CPS2807423 I 04/01/2018 PROFESSIONAL TURF MANAGEMENT, INC. 040AO I ' I !
!
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to this endorsement, SECTION II • WHO IS
AN INSURED Is amended to Include as an additional In-
sured any person or organization whom you are required
to add as an additional Insured on this policy under a writ-
ten contract, written agreement or written permit which
must be:
a. . currently In effect or becoming effective during
the term of the policy; and
b. Executed prior to the "bodily injury/ "property
damage," or"personal and advertising Injury."
The Insurance provided to these additional Insureds Is lim-
ited as follows:
1. That person or organization Is an additional In-
sured only with respect to llablllty for "bodlly
Injury," 11property damage11 or "personal and adver-
tising Injury" caused, In whole or In part, by: .
a. Your acts or ornlssl ons; or
b, The acts or omissions of those acting on your
behalf.
A person's or organization's status as an additional
insured under this endorsement ends when
your operations for that addltlorial Insured are
completed.
2. With respect to the Insurance afforded to these ad-
ditional Insureds, the following exclusions are
. added to Item 2. Exclusions of SECTION I "
COVERAGES:
This insurance does not apply to "bodily lnjury,11
"property damage11 or "personal and advertising In-
jury" occurring after:
a. All work, including materials, parts or equip-
ment furnished In connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on be-
half of the additional lnsured(s) at the location
of the covered operations has been com-
pleted; or
b. That portion of ''Your work" out of which the In-
jury or damage arises has been put to Its In-
tended use by any person or organization
other than another contractor or subcontractor
engaged In performing operations for a princi-
pal as a part of the same project.
3, The limits of Insurance appllcable to the additional
Insured are thq_se specified In the written contract,
written agreement or written permit or In the Decla-
rations for this policy, whichever Is less. These lim-
its of Insurance are fncluslve of, and not In addition
to, the Limits of Insurance shown In the Declara~
tfons for this policy.
4. Coverage is not provided for "bodily injury," "prop-
erty damage," or 11personal and advertising Injury"
arising out of the sole negligence of the additional
Insured.
5. The Insurance provided to the additional Insured
does not apply to "bodlly Injury," "property dam-
age/ or "personal and advertising Injury" arising
out of an architect's, engineer's or surveyor's ren"
derlng of or failure to render any professlonal serv-
ices Including:
Includes copyrighted material of ISO Properties, Inc,, with Its permission.
Copyright, ISO Properties, Inc., 2004
GI..S•1S0s (7-06) Page 1 of2
AGEN'l'
a. The preparing, approving or falling to prepare
or approve n,aps, shop drawings, opinions, re-
ports, surveys, field orders, change orders or
drawings and specifications; and
b. supervisory, Inspection, architectural or engi-
neering activities.
6, Any coverage provided hereunder wlll be excess
over any other valid and collectlble Insurance avail·
able to the addltlonal Insured whether primary, ex-
cess, contingent or on any other basis unless a
written contract speclflcally requl,res that this Insur
ance be primary.
When this Insurance Is excess, we wlll have no du"
ty under SECTION I • COVERAGES to defend the
additional Insured against any "suit" If any other In~
surer has a duty to defend the addltlonal Insured
against that "suit." If no other Insurer defends, we
wlll undertake to do so, but we wfll be entitled to
the additional lnsured's rlghts against all those oth-
er Insurers.
I .
AUTHORIZED REPRESENTATIVE ' DATE!
Includes copyrighted materlal of ISO Properties, Inc,, with Its permission.
Copyright, ISO Properties, Inc., ~004
GLS-150s (7-06) Page 2 of2
COMMERCIAL GENERAL LIABILITY
CG20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY·
OTHER INSURANCE CONDITION
This endorsement modifies Insur.since provided under the following:
'\,
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following Is added to the Other Insurance Condi-
tion and supersedes any provision to the contrary:
Primary And No11contrlbutorylnsuranca
This Insurance Is primary to and wlll not seek con-
tribution from any other Insurance available to an
addltlonal Insured under your policy provided that:
(2) You have agreed In writing In a contract or
agreement that this Insurance would be pri-
mary and would not seek contribution from
any other insurance available to the additional
Insured.
(1) The additional Insured Is a Named Insured
under such other Insurance; and
CG20 01 0413 Copyright, Insurance Services Office, Inc., 2012
A.GENT
Page 1 of1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA
We have the right To recover our payments from anyone liable For an injury covered by this policy. We.will Not enforce our right
against the person Or organization named In the Schedule. (This agreement applies only To the extent that you perform work
under a written contract that requires you To obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the work
described In the Schedule.
The additional premium For this endorsement shall be 5% Of the California workers' compensation premium otherwise due on
such remuneration.
Schedule
Person or Organization Job Description
City of Cupertino/Blackberry Farm Golf Course 10300
Torre Avenue Cupertino,
Specific waiver per written contract
This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise stated.
(The information below Is required only when this endorsement is Issued subsequent to preparation of the pollcy.)
Endorsement Effective
Insured
Insurance Company
WC 040306
(Ed. 04-84)
4/1/2018 Polley No. TWC3709409
Professional Turf Management, Inc. (A Corp)
Technology Insurance Company, inc.
Endorsement No. 1
Premium$ 14375
Countersigned bY-------------------
StateFarm .Jiil State Farm Mutual Automobile Insurance Company
~. PO Box 853922
Richardson, TX 75085-3922
NAMED INSURED 00148
000148 0058
BASILE, MICHAEL
DBA PROFESSIONAL TURF MGT
1310 SADDLE RACK ST APT 302
SAN JOSE CA 95126-5105
05-0264-3 P
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.
A
53534-3-P MATCH 00148 MUTL VOL
DECLARATIONS PAGE
POLICY NUMBER 191 4357-D04-05J
POLICY PERIOD APR 06 2018 to OCT 04 2018
12:01 AM. Standard Time
AGENT
JOSEPH FRANGIEH INS AGY INC
120 W CAMPBELL AVE STE A
CAMPBELL, CA 95008-1044
PHONE: (408)793-8303
IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSED.
YOUR CAR
2013 FORD EDGE SPORTWG 2FMDK3JC1 DBA83377
G
Replaced policy number 1914357 -051.
Your total renewal premium for APR 04 2018 to OCT 04 2018 is $631.20.
YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE THE POLICY BOOKLET -FORM 9805B~. AND ANY ENDORSEMENTS THAT APPLY, INCLUDING THOSE ISSUED TO YOU WITH ANY SuBSEQUENT RENEWAL NOTICE. CREDITOR-FORD MOTOR CREDIT COMPANY~ PO BOX 105704, ATLANTA GA 30348-5704. 01 6028BU ADDITIONAL INSURED-CITY Or PALO ALTO, PO BOX 10250, PALO ALTO CA 94303-0862. 02 6028BU ADDITIONAL INSURED-BLACKBERRY FARM GOLF COURSE, 22100 STEVENS CREEK BLVD CUPERTINO CA 95014-1037. 6126MD 'EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6128AC AMENDATORY ENDORSEMENT. 6289DW SINGLE LIMIT LIABILITY COVERAGE.
603HCV1H
$191.68
Agent: JOSEPH FRANGIEH INS AGY INC
04139/02086
14Jg~·386~f:O~s1~r-2002 (01 a025fo) (o1a0254o)
See Reverse Side
Telephone: (408)793-8303
Prepared MAY 03 2018 0264-BOC
StateFarm ~. State Farm Mutual Automobile Insurance Company
~ 900 Old River Road
Bakersfield, CA 93311
NAMED INSURED 00035
000035 0058
BASILE, MICHAEL
DBA PROFESSIONAL TURF MGT
1310 SADDLE RACK ST APT 302
SAN JOSE CA 95126-5105
05-0264-3 P
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.
A
53485-3-P MATCH 00035 MUTL VOL
DECLARATIONS PAGE
POLICY NUMBER 273 4810-A07-05D
POLICY PERIOD APR 06 2018 to JAN 07 2019
12:01 AM. Standard Time
AGENT
JOSEPH FRANGIEH INS AGY INC
120 W CAMPBELL AVE STE A
CAMPBELL, CA 95008-1044
PHONE: (408)793-8303
IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSED.
YOUR CAR
2012 FORD F150 PICKUP 1 FTFW1 CF7CFB95742 303HCV1H
Each Person, Each Accident
f~~,i~&1tltt~~t~z5ntJlffi•.onliti~!J~~ili~~ltt~t~~,rsii1t1~11r~~iil:t~11i~i~iif~i1~1~Jttr
U1 Uninsured Motor Vehicle Property Damage Coverage $3. 95
Replaced policy number 2734810-050.
Your total renewal premium for JUL 07 2018 to JAN 07 2019 is $800.52.
~Mmri~&~l~il~~t{4jlliimli:efa1E'~Bi!IIltftJlk!~t~!11ttvEtUJL!~ff-~lf(~t;~Yf~~l$·[~Q,~gl~~))~j
YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE THE POLICY BOOKLET -FORM 9805B 1, AND ANY ENDORSEMENTS THAT APPLY, INCLUDING THOSE ISSUED TO YOU WITH ANY SuBSEOUENT RENEWAL NOTICE. 6028BU ADDITIONAL INSURED-BLACKBERRY FARM GOLF COURSE, 22100 STEVENS CREEK BLVD CUPERTINO CA 95014-1037. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6128AC AMENDATORY ENDORSEMENT.
Agent: JOSEPH FRANGIEH INS AGY INC
00681/00412
155-3866 CA.2 05·2002 (o1a025fo)
14SXON (o1a0251e)
(o1a0254C)
See Reverse Side
Telephone: (408)793-8303
Prepared MAY 03 2018 0264-BOC
l<evin l<huu
From:
Sent:
To:
Cc:
Subject:
Joseph Costamagna <jcostamagna@bickmore.net>
Wednesday, June 13, 2018 4:12 PM
Kevin Khuu
Jenny Koverman
Re: FW: Insurance Coverage Questions PTM Auto
Actually I had not seen the insurance. This is a c01mnercial policy with sufficient limits, and is acceptable.
Thank you!
Joe Costamagna, ARM
Litigation Management
Risk Control Services
Bickmore
415.407.4157 cell
Notes and suggestions contained in this cotmnunication are made by Bickmore staff for the purpose of recommending best risk management practices and enhancing
the tisk management decisions made by Bickmore clients and member agencies. NOTHING CONTAINED IN THIS EMAIL IS INTENDED TO BE, NOR SHOULD
BE CONSTRUED AS, LEGAL ADVICE. Bickmore clients and member agencies are encouraged to seek appropriate counsel with legal professionals to address legal
questions.
On Wed, Jun 13, 2018 at 3:48 PM Kevin Khuu <KevinK@cupertino.org> wrote:
Hi Joe,
Just in case, have you seen the insurance in question? Jenny asked me to send it to you just in case.
The contractor is claiming that this is his commercial auto insurance and had highlighted the line that says "OBA
Professional Turf Management". Would this work?
Thank you.
Regards,
1