16-001 Professional Turf ManagementCITY OF
a
CUPERTINO
SHORT FORM AGREEMENT
(Less than $5,000)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200 NO .
This Ag r eement , made and entered into this 13th day of June, 2016, (the "Effective Date") is by and between
the City of Cupertino (hereinafter "C ity") and Professional Turf Management.
(hereinafter "Contractor"), in consideration of their mutual covenants, the parties agree as follows:
A SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or
materials: Open Blackberry Farm Scenic Circle gate and one set of restrooms located on the west side of the park on
weekends and holidays (exception December 25, 2016 and January 1, 20 17) between 6:00 a .m. and 6:30 a.m.
Services are further described in Exhibit "A".
B . TERM. The services and/or materials furnished under this Agreement shall co mmence on July 1, 2016
and shall be completed no later than June 30, 2017.
C. COMPENSATION. For the full performance of thi s Agreement, CITY shall pay Contractor a total
amount not to exceed One Thousand dollars ($1,000.00). Consisting of the following: $7 .50 per each day the
Contractor opens Scenic Circle ga te and one set off restrooms. Payments will be issued monthly upon receipt of
invoice.
D . EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
~Exhi bit "A"-Scope of Services
GENERAL TERMS AND CONDITIONS
1. Hold Harmless. Contractor shall , to the fullest extent allowed by law and without limitati on of the provisions of
this Agreement related to insurance, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and
against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature, whether physical ,
emo tional , consequential or otherwise , arising out, pertaining to , or related to the performance of this Agreement by
Contractor or Contractor's employees, officers , officials, agents or independent contractors . Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice, ex pert fees and all other costs and fees
of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification .
The pro visions of this Section survive the completion of the Services or termination of this Contract.
2. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute
another, ass ign or transfer any rights or ob li gations under this Agreement. Unless pri or written consent from City is
obtained, only those people whose names are listed this Agreement shall be used in the performance of this
Agreement.
3. Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without
prior written consent of City.
4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named
insured , and pro vi de a Certificate of Insurance and Additional Insured Endorsement consistent with the following
requirements:
(a) Workers' Compensation: Statutory coverage as required by the State of California; Employers'
Liabi lity $1,0 00,000 per occurrence
(b) General Liability: Commercial genera l liability coverage, in the following minimum limits:
Bodily Injury : $500 ,000 each occurrence; $1,000,000 aggregate -all other
Property Damage: $500,000 each occurrence; $1,000,000 aggregate
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Cit y o f Cupenino -Shon Fonn Ag reeme nt -4120 15
If submitted, combined single limit of$1,000,000 per occurrence; $2,000,000 in the aggregate will be
considered equivalent to the required minimum limits shown above.
(c) Automotive: Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $500 ,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
5. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to
provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver
of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the
payment of any loss under such insurance.
6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this
Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set
forth in City's written notice of default, and in addition to any other remedy available to the City by law , the City
Manager may terminate the Agreement by giving Contractor written notice thereof, which shall be effective
immediately. The City Manager shall also have the option, at its sole discretion and without cause , of terminating
this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon
receipt of any notice of termination, Contractor shall immediately discontinue performance.
7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City employee, or a
citizen on the basis of race, color, national origin, ancestry , religion, gender, sexual orientation or other protected
class of such person.
8. 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.
9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, licenses, and certificates including but not limited to a City business license, that
may be required in connection with the performance of services under this Agreement.
10. Reports and Records. Each and every report , draft, work product, map , record and other document, hereinafter
collectively referred to as "Report", reproduced, prepared or caused to be prepared by Contractor pursuant to or in
connection with this Agreement, shall be the exclusive property of City. Contractor shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports
created pursuant to this Agreement. Any Report , information and data acquired or required by this Agreement shall
become the property of City, and all publication rights are reserved to City . Contractor may retain a copy of any
report furnished to the City pursuant to this Agreement.
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other
such information required by City that relate to the performance of services under this Agreement, in sufficient
detail to pem1it an evaluation of services . All such records shall be maintained in accordance with generally
accepted accounting principles and shall be clearly identified and readily accessible . Contractor shall provide free
access to such books and records to the representatives of City or it s designees at all proper times , and gives City the
right to examine and audit same , and to make transcripts therefrom as necessary , and to allow in spection of all work,
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City of Cupenino -Shon Form Agreeme nt -4120 15
data, documents , proceedings and activities related to this Agreement. Such records , together with supporting
documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3)
years after Contractor receives final payment from City for all services required under this agreement.
11. Changes. No changes or variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representati ve for CITY shall be: Tom Walters, Recreation & Community
Services Department.
In witness thereof, the parties have executed this Agreement the da y and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
By: Tom Walters
Title: Recreation Manager
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
100-63-612-700-702 $ 1,000.00
CI
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City of Cupertin o -Shon Fonn Agreement -4/2015
EXHIBIT A
CONTRACTOR SERVICES TO BE PERFORMED
The CONTRACTOR will be responsible for the 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:
Contractor 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 December 25, 2016 and January 1, 2017.
Performance of CONTRACTOR Services:
City shall have no right of control as to the manner Contractor perfonns the services to be performed.
Nevertheless, City may, at any time, observe the manner in which such services are being performed by the
contractor.
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and
complete an Incident Report in the fonn approved by the City. The Incident Report must be submitted to the
City within 24 hours of the injury occurring.
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City ofCupenino -Short Fan n Agreement --l r::!Ol5