07-001, California Land Management
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO.
032581
FY 06-07
FY 07-08
BY THIS AGREEMENT made and entered into on the 2nd day of May, 2007 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and California land Management
675 Gilman Street, Palo Alto, CA 94301-2528 (650) 322-1181 (Hereinafter referred to as CONTRACTOR),
in 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 May-September.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A- Scope of Services, Exhibit B- Insurance Requirements, Exhibit C- Staffing Schedule
TERMS: The services and/or materials furnished under this Agreement shall commence on
May 12, 2007 and shall be completed before September 30, 2007. The City reserves the right to
terminate this Agreement with 30 days notice. The Contractor may terminate this Agreement with a 30-
day written notice.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
An amount not to exceed $31,000.00
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless 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 Agreement 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
certifies 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 CITY.
No changes or variations of any kind are authorized without the written consent of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Tom Walters, Recreation Supervisor
DEPARTMENT: Parks and Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have
executed this Agreement the day and year first written above.
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CITY OF CUPERTINO:
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Title: City Manager
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
560-6620-7014
110-6220-7014
AMOUNT
$13,000.00
$18,000.00
EXHIBIT A
Scope of Services
1. Secure the entrance of Blackberry Farm during the typical hours of operation during the
months of May, June, July, August and September. (See Exhibit C for Staffing Schedule)
2. Turn vehicles away from the entrance of the grounds, and provide information regarding
alternative picnic sites.
3. Inform the public of park closure. Provide information on park renovation and stream
renovation. City to provide flyers, brochures, etc.
4. Security need not to be armed. Back up, if needed, will be by the Santa Clara County Sheriffs
Office.
5. All security personnel assigned to Blackberry Farm will be licensed and trained under
requirements of the State of California Department of Consumer Affairs, Bureau of Security and
Investigative Services.
6. Base price includes necessary cell phones and or radios for security personnel to communicate
with County Sheriff or City personnel.
7. Patrol vehicle is not needed within the park. Security personnel will provide own
transportation to the park.
8. City shall provide necessary signs, barricades, traffic cones, public flyers, and notices, list of
emergency numbers and basic training related to Blackberry Farm operations and neighborhood
Issues.
9. City shall provide access to on site office space for charging of cell phones/radios, posting of
schedules and notices.
EXHIBIT B
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or 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 0001 covering Automobile Liability, Code 1 (any
auto), or Code 8 (hired) and 9 (non-owned) 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 Commercial General Liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident 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 pay losses and related investigations, claim
administration, and defense expenses within the retention.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, and volunteers 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 0704 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 with it.
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 the Named Insured for the Agency. This provision also applies to the
Contractor's Workers' Compensation policy.
4. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice (10 days for non-
payment) has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless
otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage, the City requires that coverage be
maintained for a period of 5 years after completion of the contract.
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. However, failure to obtain the required documents prior to the work
beginning shall not waive the consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by
these specifications, at any time.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor
may acquire against the City by virtue of the payment of any loss under such insurance. This provision
applies regardless of whether or not the City has requested or received a waiver of subrogation
endorsement from the insurer.
EXHIBIT C
Staffing Schedule
11ay: 12,13, 19,20,25,26,27,28,29, 30, and 31
Hours: 9:30am- 7:00pm each day
Monthly Total: 104.5 hours
June: 1,2,3,5,6,7,8,9,10,12,13,14,15,16, 17, 19,20,21,22,23,24,26,27,28,29,30
Hours: 9:30am-8:00pm each day
Monthly Total: 273 hours
July: 1,3,4,5,6,7,8,10,11,12,13,14,15,17,18,19,20,21,22, 24, 25, 26, 27, 28, 29, 31
Hours: 9:30am-8:00pm each day
Monthly Total: 273 hours
August: 1,2,3,4,5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19,25, and 26
Hours: 9:30am-8:00pm each day
Monthly Total: 199.5 hours
September: 1,2,3,8,9, 15, 16,22, and 23
Hours: 9:30am-7:00pm each day
Monthly Total: 85.5 hours