09-001 California Land ManagementCITY OF
AGRE;EMENT
CITY OF CUPERTINO
10300 Torre Avenue
~~ Cupertino, CA 95014 ('~~~""/~
C O P E RT I N /~ (408) 777-3200 NO. J
FY 09-10
BY THIS AGREEMENT made and entered into on the 24th da~i of June, 2009, by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and California Land Man~~gement,
( (Hereinafter referred to as CONTRACTOR), ire consideration of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Provide security services at Blackberry Farm during the months of July 2009 through June 2010.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A -Scope of Services;
Exhibit B -Insurance Requirements
TERMS: The services and/or materials furnished under this .Agreement shall commence on July 1, 2009, and shall be
completed before June 30, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
An amount not to exceed $118,000.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold h~~rmless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described
herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of
CITY'S Director of Administrative Services.
Non-Discrimination. It is understood and agreed that this A~~reement is not a contract of employment in the sense that
the relation of master and servant exists between CITY and undersigned. 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 cerl:ifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of CITY.
Changes. This Agreement shall not be assigned or transferred without the written consent of the TY. No changes or
variations of any kind are authorized without the written consent of the CITY. D~TERED
CONTRACT COORDINATOR and representative for CITY shs~ll be:
NAME: Tom Walters, Recreation Supervisor DEPi~RTMENT: Parks 8~ Recreation
This Agreement shall become effective upon its execution b~/ CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CITY OF CUPERTINO:
Title: City ITVlanager
~~"f^i~ j
APPROVALS
EXPENDITURE DISTRIBUTION
DEPART T DAT ACCOUNT NUMBER AMOUNT
~ .- ' -'~,~~ l" - - ~ ~ /~ 110-6220-7014 $118,000
CIT C ERK ~ 'DATE
CITY OF Cl1PERTINO
PARKS AND RECREATION DEPARTMENT
EXHIE3IT A
Scope of Services
Stevens Creek Trail begins at McClellan Ranch and extends approximately .75 miles north
through Blackberry Farm, ending near StevE~ns Creek Blvd. Additional construction and
extension of the trail through the Stocklmeir property to Stevens Creek Boulevard may occur
during the next several years. Included in the .75-mile trail section are McClellan Ranch, an
18-acre nature preserve that includes a nature museum and community garden, and
Blackberry Farm. Adjacent to the trail corridor is the Blackberry Farm Golf Course and
residential areas.
The 60-acre Blackberry Farm, which opens in .luly 2009, after extensive renovation, includes
six reservable group picnic areas, nature trail, two pools, two bocce ball courts, two sand
volleyball courts, two horseshoe pits, park maintenance facilities, public restrooms, concession
stand, playground, and useable grass area.
A. Job Locations
1. Contractor shall provide service at the following City of Cupertino locations:
a. Stevens Creek Trail Corridor
b. Blackberry Farm
2. The primary focus of the Contractor's Public Service Officers is park code enforcement
through education and passive techniques, assistance to visitors and responding to
neighborhood questions and concerns. Ire addition to the primary responsibilities, Public
Service Officers shall also perform the following as directed by the City:
a. Facility Maintenance -Perform housekeeping and custodial duties such as cleaning
restrooms, litter pickup, empty garbage receptacles, remove graffiti, and sign
maintenance as directed by the City.
b. Landscape Maintenance -Remove clowned tree limbs, trim non-irrigated grasses,
trim overhanging shrubs and tree limbs from trail and pathways.
c. Security -Using pre-approved security guard check points and electronic guard
clocks, Public Service Officers shall record during late afternoon and evening that
facilities, equipment, and buildings leave been checked, secured and/or locked.
Public Service Officers shall also be responsible for unlocking and locking required
gates and buildings during opening and closing shifts.
1
C. Services Provided by City
1. Equipment
a. Tools: City shall provide all speciali;red hand tools, all power tools and shovels,
rakes, picks, and brooms needed by Contractor to perform its assigned tasks.
b. Machinery: City shall provide all rriachinery (i.e., edgers, mowers, generators,
blowers, trimmers, etc.) required by ~~ontractor to perform its assigned tasks. City
shall also pay the cost of any required rental equipment.
c. Office Equipment/Computers: For Public Service Officers, City shall provide and
maintain a desk, filing cabinet, and telephone (business calls only). Contractor shall
provide and maintain one (1) PC desktop or laptop.
d. Radios: City shall provide Contractor ~Nith one (1) City frequency hand-held radio for
Contractor's Public Service Officers. ~~ity shall provide all routine maintenance and
repairs on this equipment. Replacement and/or repair of lost or damaged radio shall
be the responsibility of Contractor.
e. Storage and Office Space: City shell provide Contractor with adequate, secure
storage space for Contractor's tools and other equipment, as well as a work area at
Blackberry Farm.
f. Badges and Patches: City shall pro~~ide Contractor with badges and patches as
required.
2. Materials, Supplies and Fixtures
The City shall provide the following:
a. Materials: City-provided materials shall include all irrigation system materials,
landscape materials, lumber, garbage bags, cleansers, toilet paper, signs, and other
similar items required.
b. Fixtures: City shall provide, both initially and on a replacement basis, all fixtures
such as, but not limited to, garbage cans, benches, fencing, gates, and signs.
3. Services
The City shall provide the following services:
a. Garbage: City shall provide for pickup of all garbage from central collection points.
b. Utilities: City shall pay all contract rind work-related telephone, electrical, water,
heating, and other utility costs within work area provided for Contractor's Public
Service Officers.
3
1. Patrol and Daily Logs
Contractor shall provide daily patrol surveillance utilizing foot, bicycle, and club car
methods. Contractor shall keep daily logs documenting patrol activities in a manner
approved by the City and provide City a monthly report listing all public contacts
associated with code violations. Montf•~ly report to include patrol and surveillance
recommendations for upcoming month.
2. Fire Suppression
In the event of fires, Contractor's Public Service Officers shall immediately call City's
Fire Department (9-1-1) and then direct City's Fire Department to site of fire, maintain
public safety, and assist as directed by Fire Department officials
3. Public Contact
Contractor shall maintain a current knowledge of park and trail features, activities,
ordinances, and rules. Contractor shall provide information assistance to visitors on
request and shall distribute any information City may wish to provide. Contract Public
Service Officers shall provide public information services as requested by City. Public
Service Officers shall relate to the public in a courteous and professional manner at all
times.
4. Facilities Maintenance
As required by City Contractors Public; Service Officers shall perform all assigned
housekeeping and custodial duties for park and trail facilities such as maintenance
facilities and public rest rooms in City K~arks at a frequency scheduled by City. Such
facilities shall be kept by Contractor in a neat, clean, and sanitary condition.
5. Landscape Maintenance
Contractor shall, within the hours specified and at the direction of the City, remove
downed tree limbs, trim non-irrigated gra:~ses away from all roadway and trails, trim and
prune trees, shrubs, and ground cover as needed, and perform other landscape
maintenance activities requested by City.
6. Minor Roads and Trails Maintenance
As required by City, Contractor shall keep all roadways, parking lots, trails, and related
amenities open and clear of debris (i.e., logs, rocks, etc.) and shall perform such minor
repairs to these facilities as can be re2~sonably accomplished with simple hand and
power tools and within the constraints of the hours provided under this contract.
7. Sign Maintenance
As required by City, Contractor shall make minor repairs and/or replace and clean
signs.
5
J. City Project Supervisor
1. The Parks and Recreation Supervisor or his designee shall be City Project Director and
shall represent City and render overall supervision of the progress and execution of this
contract in those areas under his or her rE~sponsibility.
2. All services to be performed by Contractor shall be subject to approval on acceptance
by City Project Supervisor. City Project Supervisor shall make periodic reviews of
Contractor's operations and report any findings to Contractor's Supervising Public
Service Officers and/or Contractor.
K. Completion of Services
Contractor shall be responsible at its own expense for the selection and employment of such
staff as will enable Contractor to perform the sE~rvices herein described diligently and skillfully
in order to complete the tasks under this contract without delay.
CALIFORNIA LAND MANAGEMENT SERVICES
675 GILMAN STREET
PALO ALTO, CA 94301-2528
650/322-1181
City of Cupertino
Pay Rates and Cost Estimate
Hourly Ranger Pay Rates
Senior Ranger: $26.00/hour
Senior Ranger OT: $36.00/hour
Ranger: $22.00/hour
Ranger OT: $31.50/hour
Deduct Hourly Rate
Same as "Hourly Ranger Pay Rate"
Estimated Costs of Services to City
Summer: April thru September - (7) days per week
Opening (5) days Sr. Ranger rate: 37.5 hrs x $2Ei.00 = $ 975.00
Opening (2) days Ranger rate: 15.0 hrs x $22.OCi = $ 330.00
Closing (7) days Ranger rate 45.5 hrs x $22.00 == $1001.00
98.0 hrs $2306.00 per week
(26) weeks x $2306.00 = $59,956
Winter: October thru March - (7) days per week
Opening (5) days Sr. Ranger rate: 37.5 hrs x $2Ei.00 = $ 975.00
Opening (2) days Ranger rate: 15.0 hrs x $22.OC~ _ $ 330.00
Closing (7) days Ranger rate 24.5 hrs x $22.00 == $ 539.00
77.0 hrs $1,844.00 per week
(26) weeks x $1,844 = $ $47,844
Total annual cost of Ranger Service $107,900
* Does not include overtime or special project outside normal work hours.
EXHI76IT B
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons o~ damages to property which may arise from or in connection with the performance of the
work hereunder and the results of that work by the Contractor, his agents, representatives, employees or
subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Form CG 0001 covering Commercial General Liability on an
"occurrence" basis.
2. Insurance Services Office Form Number CA ~~001 covering Automobile Liability, Code 1 (any
auto), or Code 8 (hired) and 9 (non-oR~ed) if consultant has no owned autos.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance. ,
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: (Including products-completed operations, personal & advertising injury)
$1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Comrnerc ial General Liability insurance or other form with a
general aggregate lurit is used, either the general aggregate limit shall
apply separately to this projectJlocation or the general aggregate limit.
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accidf;nt for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may
require the Contractor to provide proof of ability to pa;y losses and related investigations, claim
administration, and defense expenses within the retention.
Other Insurance Provisions
The general liability and automobile liability policies ~~re to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, and vo:tunteers are to be covered as insureds with
respect to liability arising out of work or operations performed by or on behalf of the Contractor including
materials, parts or equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as
ISO Form CG 20 10, 11 85 or 07 04 revisions), as a separate Owner's and Contractor's Protective
Liability Policy, or on the City's own form.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of
the Contractor's insurance and shall not contribute wit}i it.
OFFICE OF THE CIiTY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (4081 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cu~~ertino.org
CUPERTINO
July 21, 2009
California Land Management
675 Gilman Street
Palo Alto, CA 94301-2528
To Whom It May Concern:
A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have
any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure