17-096 Professional Turf Management, For Gate and Restroom Opening20\~ -CCCOCOS:?:> NO. ________ _
FY 17-18
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PROFESSIONAL TURF MANAGEMENT
FOR GATE AND RESTROOM OPENING
THIS AGREEMENT, for reference dated THURSDAY, JUNE 15, 2017, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and PROFESSIONAL TURF
MANAGEMENT, a CALIFORNIA CORPORATION, whose address is P.O. BOX 700142, SAN JOSE ,
CA .95170, 408 315-3865 (hereinafter referred to as "Consultant"), and is made with reference to the
following:
A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified
services and/or materials: OPEN BLACKBERRY FARM SCENIC CIRCLE GA TE AND ONE SET OF
RESTROOMS LOCATED ON THE WEST SIDE OF THE PARK ON WEEKENDS AND HOLIDAYS
(EXCEPTION December 25, 2017 and January 1, 2018) between 6:00 a.m. and 6:30 a.m .. Services are
further described in Exhibit "A".
B. TERM. The term of this Agreement shall commence on 7/1/2017, and shall terminate on
6/30/2018, unless terminated earlier as set forth herein.
C. COMPENSATION. Consultant shall be compensated for services performed pursuant
to this Agreement in the amount set forth below and as described in Exhibit "A" which is attached hereto
and incorporated herein by this reference. Compensation shall consist of the following: $7.50 per each day
the Contractor opens Scenic Circle gate and one set of restrooms. The total compensation to the
Consultant shall not exceed $1,000.00 .
D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
IKI EXHIBIT A-Scope of Services
D EXHIBIT B-Acknowledgement of Mandated Reporting Requirements,
Receipt of Training, and Receipt of Penal Code Statutes. Required for any
consultant working with minors.
D EXHIBIT C-City of Cupertino, Consultant Declaration. Required for any
consultant working with minors .
GENERAL TERMS AND CONDITIONS
1. HOLD HARMLESS:
Consultant shall, to the fullest extent allowed by law, 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, emotional, consequential or otherwise, arising
out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's
employees, officers, officials, agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
In addition to the obligations set forth above, Consultant shall indemnify, defend, and hold the
City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim
in which a violation of intellectual property rights, including but not limited to copyright or patent rights,
is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful
misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of
counsel of City's choice, expert fees and all other costs and fees of litigation.
FY 2017 /2018
Short Form Agreement less tha n $5,000 1
2. SUBCONTRACTING:
Consultant has been retained due to their unique skills and Consultant may not substitute
another, assign or transfer any rights or obligations under this Agreement. Unless prior 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:
Consultant may not assign, transfer, or subcontract this Agreement or any portions thereof,
without prior written consent of City.
4. ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS AND
CONCUSSION PROTOCOLS AND TRAINING:
A. Mandatory Reporting and Fingerprinting, and Consultant shall comply with the
requirements of California Penal Code 11164-11174.3 and as set forth in Exhibit "B" which is
attached hereto and incorporated herein by this reference.
B. Concussion Protocol: Consultant shall comply with all requirements of AB2007, including
those outlined in Health and Safety Code Section 124235, et seq . including concussion
evaluation, removal from play, and return to play protocols. (Resources are available at the
Center for Disease Control & Prevention. https://www.cdc.gov/headsup/index.html)
1. Consultant shall provide each participant with a concussion information sheet, which
may be in the form as attached as Exhibit C-1. Consultant shall ensure each
participant signs and returns the form as required by Health. and Safety Code Section
124235;and
2 . Consultant shall require all coaches and administrators to successfully complete the
concussion and head injury education at least once either online or in person, before
supervising a participant. Consultant shall offer training, educational materials, or
both to each consultant administrator on a yearly basis. (Training resources are
available at the Center for Disease Control & Prevention.
https://www.cdc.gov/headsup/index.html )
5. FINGERPRINT & TUBERCULOSIS (TB) CONSULT ANT DECLARATION:
Consultant agrees that all individuals covered under this Agreement shall provide fingerprints
for criminal background test purposes and results of TB screening, pursuant to the requirements as set
forth in Exhibit "C" which is attached hereto and incorporated herein by this reference.
6 . INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall furnish City
with certificates showing the type, amount, class of operations covered, effective dates and dates of
expiration of insurance coverage in compliance with the paragraphs below. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the following statement: "Should
any of the above insurance covered by this certificate be canceled or coverage reduced before the
expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written
notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant
shall maintain in force at all times during the performance of this Agreement all appropriate coverage of
insurance required by this Agreement with an insurance company that is acceptable to City and licensed
FY 201 7/201 8
Sh o rt Form Agreem ent less th an $5,000 2
.;
to do insurance business in the State of California. Endorsements naming the City as additional insured
shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
1. Workers' Compensation: Statutory coverage as required by the State of
California .
ii. Liability: Commercial general liability coverage, including sexual abuse and
molestation coverage, in the following minimum limits:
1. Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate -all other
2. Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be
considered equivalent to the required minimum limits shown above.
m. Automotive: Proof of automobile insurance required at the California statutory
minimums.
7. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to
provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her
insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or City with respect to the
services of Consultant herein, a waiver of any right to subrogation which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such insurance.
8. TERMINATION OF AGREEMENT:
In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in
the manner required hereunder, Consultant shall be deemed in default in the performance of this
Agreement. If Consultant 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 Consultant 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 Consultant as provided herein. Upon receipt of any notice of termination, Consultant
shall immediately discontinue performance.
9 . 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.
10. INTEREST OF CONSULTANT:
It is understood and agreed that this Agreement is not a contract of employment and, at all times,
Consultant shall be deemed to be an independent Consultant and Consultant 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 Consultant performs the services to be performed .
FY 201 7/201 8
Short Fo rm Ag reem ent les s than $5,000 3
Nevertheless, City may, at any time, observe the manner in which such services are being performed by
the Consultant. Consultant 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.
11. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement,
all appropriate permits, certificates, and licenses including, but not limited to, a City Business License,
that may be required in connection with the performance of services hereunder.
12. 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 permit 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 its 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 inspection of all work, 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.
13. CHANGES:
No changes or variations of any kind are authorized without the written consent of the City.
14. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and regulations
enacted or issued by City. Contractor shall obtain a Cupertino Business License and further comply with
the City's Minimum Wage Ordinance as set forth in Cupertino Municipal Code Chapter 3.37.
15. AGREEMENT COORDINATOR:
The Agreement Coordinator and representative for CITY shall b e: Jenny Koverman, Recreation
Supervisor, Rec reation & Community Service Department.
FY 201 7 /2 018
Short Form Agreement less than $5,000 4
EXHIBIT A
CONSULT ANT SERVICES TO BE PERFORMED
The CONSULT ANT 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 CONSULT ANT 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, December 25, 2017 and January 1, 2018.
Performance of CONSULT ANT Services:
City shall have no right of control as to the manner Consultant performs the services to be performed.
Nevertheless, City may, at any time, observe the manner in which such services are being performed by
the consultant.
In the event of an injury occurring to a participant, the Consultant will notify the City within 1 hour and
complete an Incident Report in the form approved by the City. The Incident Report must be submitted to
th e .City within 24 hours of the injury occurring.
FY 2017/2018
Short Form Agreement Jess than $5,000 6
IN WITNESS, WHEREOF, the parties have caused the Agreement to be executed.
PROFESSIONAL TURF MANAGEMENT
By: MICHAEL BASILE
Title: PRESIDENT
Date:
FY 2017/2018
Short Form Agreement less than $5,000
CITY OF CUPERTINO
A Municipal Corporation
~g~ ;JENKOV ERMAN
Title: RECREATION SUPERVISOR
Date:
RECOMMENDED FOR APPROVAL:
Cc//#d /~J~
By: CHRISTINE HANEL
Title: ASSIST ANT DIRECTOR, RECREATION &
COMMUNITY SERVICES
APPROVED AS TO FORM:
~~ FF MILKES
DIRECTOR, RECREATION & COMMUNITY SERVICES
EXPENDITURE DISTRIBUTION:
Account No:
Amount:
Af-rt;sr:
100-63-612-700-702
$1,000.00
5
ACORD8
l. ---
CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY)
6/1/2017
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER v~nmvl
NAME: VOLPATTI INSURANCE SERVICES INC r~~., .. ,. (925)243-0131 1 wa Nol:<92s> 243-0132
511 Leisure Street k>'oiiess:rick@volpatti.com
Livermore, CA 94551 INSURERIS) Afl'ORDIHG COVERAGE NAJCI
License#:OE40809 1NSURERA : Scottsdale Insurance Company 41297
INSURED Professional Turf Management, Inc. INSURER 8 : Falls Lake Fire & Casualty Company 24538
INSURER c : California Capital Insurance Company 13544
PO Box 700142 INSURER D:
San Jose, CA 95170 INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOlWfTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE 'I\UUL. 18UBR
1r.r~~1 I IMM/OONYYYI LIMITS LTR INSR '""'D POLICY NUMBER
GENERAL LIABILITY EACH OCCURRENCE -$ 1,000,000
Ul"\l""''-;.tl'L I U n~n I t:.U X COMMERCIAL GENERAL LIABILl1Y PREMISES IEa occurrence) $ 100,000 -:J CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $ 5,000
A CPS2609259 04/01/2017 04/01/2018 PERSONAL & ADV INJURY $ 1,000,000 .__ y
GENERAL AGGREGATE $ 2,000,000 ,.._
2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $
, POLICY rxi ~r& n LOC $
AUTOMOBILE LIABILITY IEa accldent~INGLE LIMII $ .__
ANYAUTO BODILY INJURY (Par pan;on) $ .__
ALL OWNED -SCHEDULED
AUTOS AUTOS BODILY INJURY (Per acddent) $ -....._
NON-OWNEO (p~'f~d~l)AMA<>t: $ HIRED AUTOS AUTOS --$
UMBRELLA LIAB ~I OCCUR EACH OCCURRENCE $ ,.._
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
WORKERS COMPENSATION XI WC STATU-I 1°Jlt AND EMPLOYERS' LIABILITY TORY LJUITS
YIN
B ANY PROPRIETOR/PARTNERIEXEC\/TIVE [iJ y E.L. EACH ACCIDENT $ 1,000,000
OFACER/MEMBER EXCLUDED? N/A FLA005003-00 04/01/17 04/01/18 (Mand.ltory In NH} E.L . DISEASE -EA EMPLOYE $ 1,000,000
~~i~~r~~~ u618
6PERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000
Commercial Inland Contractors Equip.
C Marine 3-MIA-1-026769 6/23/2016 6/23/2017 $213,275
Deductible $500
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Addillonal Rematks Schedule, If more space Is required)
The City of Cupertino, its directors, officers, 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.
AUTHORIZED REPRESENTATIVE
ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD