12-070 California Land Managementipmk
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
44. 9ss WEBSITE:www.cupertino.org
CUPERTINO
June 25, 2013
California Land Management
Re: Agreement
Enclosed is an original copy of the first amendment to your agreement with the City of
Cupertino. If you have any questions or need additional information, please contact the
Parks and Recreation Department at 408-777-3120.
Sincerely,
D644111'6(
AelftA;t
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
No: 57735
FY 13-14
1st AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
CALIFORNIA LAND MANAGEMENT FOR CONTRACT SERVICES
This 1st Amendment to the Agreement between the City of Cupertino and California Land
Management, for reference dated June 11, 2013, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and California Land Management a sole proprietor whose
address is (hereinafter "referred to as Consultant"), and
is made with reference to the following:
RECITALS:
A. On June 18, 2012, an agreement was entered into by and between City and California
Land Management(hereinafter "Agreement").
B. City and Consultant desire to modify the Agreement on the terms and conditions set forth
herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:
1. Paragraph 1 ofthe Agreement is modified to read as follows:
The term of this Agreement shall commence on July 1, 2012, and shall terminate on
December 31, 2013, unless terminated earlier as set forth herein."
2. Paragraph 3 ofthe Agreement is modified to read as follows:
Consultant shall be compensated for services performed pursuant to this Agreement in
the amount set forth below.
Compensation: Hourly ranger pay rates: Senior Ranger: $27.30/hr., Senior Ranger OT:
37.80/hr., Ranger: $23.10/hr., Ranger OT: $33.08/hr. Compensation shall not exceed a
total amount of one hundred and seventy thousand dollars ($170,000) to be paid during
the periods of July 1, 2012-June 30, 2013 ($110,000,000) and July 1-Dec. 31, 2013
60,000).
Payment by the City to the Consultant for services: Consultant will be paid on a monthly
basis based on the rates."
3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement
shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be
executed.
California Land Management_ CITY OF CUPERTINO
A Municipal Corporation
By: By Tom Walters, Recreation Supervisor
Glenn Lyles
Title: Director of Operations
Date: June 18, 2013 RECOMMENDED FOR APPROV L:
By di `J ,
Pare ecreation Director
APPROVED AS TO FORM:
L City Attorney
A " 'T:
City Clerk
4.12k OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
yT'i9ss TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
CUPERTINO WEBSITE:www.cupertino.org
June 29, 2012
California Land Management
Re: Agreement
Enclosed is an original copy of your agreement with the City of Cupertino. If you have any questions or
need additional information, please contact our office at 408-777-3223.
Sincerely,
Kirsten Squarcia
Acting Deputy City Clerk
Enclosure
cc: Parks & Recreation
NO. f7?)f
FY 12-13
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
CALIFORNIA LAND MANAGEMENT FOR CONSULTANT SERVICES
FOR SECURITY SERVICES AT BLACKBERRY FARM
THIS AGREEMENT, for reference dated June 18, 2012, is by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and CALIFORNIA
LAND MANAGEMENT, a CALIFORNIA CORPORATION, whose address
hereinafter referred to as
Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the Constitution and the statutes of the State of California and the Cupertino Municipal
Code.
B.Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
D. City and Consultant desire to enter into an agreement for
upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1.TERM:
The term of this Agreement shall commence on July 1, 2012, and shall terminate on June
30, 2013, unless terminated earlier as set forth herein.
2.SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3.COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this Agreement in
the amount set forth below.
Compensation: An amount not to exceed $110,000
Payment by the City to California Land Management for services: Paid monthly and within 30
days after invoice provided by California Land Management.
4.ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS:
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.
Penal Code sent by email to consultant.
5.FINGERPRINT DECLARATION:
Consultant agrees that all individuals covered under this Agreement shall provide
fingerprints for criminal background test purposes, pursuant to the requirements as set forth in
Exhibit"C" which is attach hereto and incorporated herein by this reference.
6.TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
7.STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by the
City nor have any contractual relationship with City.
8.INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this Agreement
is that of employer-independent contractor. The manner and means of conducting the work are
under the control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of employment
will be acquired by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers' compensation plans,
vacation and sick leave are available from City to Consultant, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of Consultant.
9.IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and employment
authorization of all of his/her employees performing work hereunder, pursuant to all applicable
IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City
harmless from and against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or
subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap,
disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations ofthis provision shall constitute a material breach
of this Agreement.
11. HOLD HARMLESS:
A. 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.
B. Claims for Other Liability. 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 against any and all liability, claims, actions, causes of action or demands
whatsoever from and against any of them, including any injury to or death of any person
or damage to property or other liability of any nature, that arise out of, pertain to, or relate
to the negligence, recklessness, or willful misconduct of 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. Consultant shall not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations set forth in(A)
and (B) 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.
12. 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 paragraphs 12 A, B, C, D and E.
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 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.
2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: 500..000 each occurrence
1,000,000 aggregate - all other
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.
3) Automotive:
Proof of automobile insurance required at the California statutory
minimums.
B. 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.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain the
foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or
as an agent of the Consultant and shall be compensated by the Consultant for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and volunteers shall
be named as an additional insured under all insurance coverages, except any professional liability
insurance, required by this Agreement. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under this policy if not named as
such additional insured. An additional insured named herein shall not be held liable for any
premium, deductible portion of any loss, or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect
Consultant. Consultant is advised to confer with Consultant's insurance broker to determine
adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform the
services required by this Agreement. Consultant may be required to fill out a conflict of interest
form if the services provided under this Agreement require Consultant to make certain
governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section
18700 of the California Code of Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by Consultant
from City under this Agreement may be assigned t:o a bank, trust company or other financial
institution without prior written consent. Written notice of such assignment shall be promptly
furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venture or syndicate
member or cotenant, if Consultant is a partnership or joint venture or syndicate or co-tenancy,
which shall result in changing the control of Consultant, shall be construed as an assignment of
this Agreement. Control means fifty percent (50%) or more of the voting power ofthe
corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors
whose names and resumes are attached to this Agreement shall be used in the performance of
this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general, and professional liability insurance in reasonable conformity to the insurance carried by
Consultant. In addition, any work or services subcontracted hereunder shall be subject to each
provision of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and that may be required in connection with the
performance of services hereunder.
17. REPORTS:
A. 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
Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of
City. Consultant 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. Consultant may
retain a copy of any report furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
1) The original Project for which Consultant was hired;
2) Completion of the original Project by others;
3) Subsequent additions to the original project; and/or
4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one original,
which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or organization
by Consultant without prior approval by City.
18. RECORDS:
Consultant 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.
Consultant shall maintain adequate records of services provided 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.
Consultant shall provide free access to such books and records to the representatives of City or
its de-signees 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 receipt of final payment.
If supplemental examination or audit ofthe records is necessary due to concerns raised by
City's preliminary examination or audit of records. and the City's supplemental examination or
audit of the records discloses a failure to adhere to appropriate internal financial controls, or
other breach of contract or failure to act in good faith, then Consultant shall reimburse City for
all reasonable costs and expenses associated with the supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to City shall be addressed to
City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Director of Parks and Recreation
All notices, demands, requests, or approva:'Ls from City to Consultant shall be addressed to
Consultant at:
California Land Management
20. TERMINATION:
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 such default is not cured within the time specified after receipt by
Consultant from City of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, City may terminate the Agreement forthwith by giving to
the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving thirty (30) days' prior written notice to Consultant as provided herein.
Upon termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date of
termination.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the, parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts ofthe County
of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior written approval has been secured from City to do
otherwise.
24. WAIVER:
A waiver by City ofany breach of any term, covenant, or condition contained herein shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant,
or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all pre]iminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof Any modification of this Agreement will be effective only by
written execution signed by both City and Consultant.
26. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
By ,,... By Tom Walters
Title tittrOse sr Title Recreation Supervisor
Date 4,1-2:s-)7..PL. Date June 18, 2012
RECOMMENDED FOR APPROVAL:
Title
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
EXPENDITURE DISTRIBUTION:
q(/41412 .
110-6220-7014 110,000
Account Number Amount
EXHIBIT A
CONSULTANT SERVICE'S TO BE PERFORMED
Stevens Creek Trail begins at McClellan Ranch and extends approximately .75 miles
north through Blackberry Farm, ending near Stevens Creek Blvd. Additional construction
and extension of the trail through the Stockhneir 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 are the
Blackberry Farm Golf Course and residential areas.
The 60-acre Blackberry Farm, which opened in July 2009, after extensive renovation,
includes six reservable group picnic areas, nature trail, two pools, two bocce ball courts,
two sand volleyball courts, three horseshoe pits, park maintenance facilities, public
restrooms, concession stand, playground, and useable grass area.
A. Job Locations
1. Consultant shall provide service at the following City of Cupertino locations:
a. Stevens Creek Trail Corridor
b. Blackberry Farm
2. The primary focus of the Consultant's Public Service Officers is park code
enforcement through education and passive techniques, assistance to visitors and
responding to neighborhood questions and concerns. In 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,
clean pool vacuum, and sign maintenance as directed by the City.
b. Landscape Maintenance —Remove downed tree limbs, mow lawn area around
Retreat Center, blow pathways, manually pull weeds, trim non-irrigated
grasses, trim overhanging shrubs and tree limbs from trail and pathways.
c. Security - Public Service Officers shall also be responsible for unlocking and
locking required gates and buildings during opening and closing shifts.
d. Documentation — Provide City with needed reports such as personnel
schedules, incident and project reports, evening security guard check point
records, and daily log sheets.
B. Service Level
Within the basic bid, the contract shall provide the personnel services and maintenance
and operations of the following:
1. Types of Positions
a. All contract personnel shall be designated as either Ranger, Senior Ranger, or
Supervising Ranger (collectively referred to as Public Service Officers by the
City) and meet the minimum employment standards contained in the job
descriptions supplied by CLM.
b. Security need not be armed. Backup, if needed, will be the Santa Clara County
Sheriff's Office.
c. 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.
2. Transportation
City shall provide contract Public Service Officers with a multiple-speed bicycle
which may be used as means of transportation within Stevens Creek Corridor and
Blackberry for non-maintenance work. CLM rangers must go through the City's
bicycle safety training prior to use of bicycle. For maintenance responsibilities
and for opening and closing duties, City shall provide an electric/gas-powered
type of club car vehicle. CLM rangers must go through the City's club car safety
training prior to use of club car. Maintenance and upkeep of both the bicycle and
club car shall be the responsibility of the City unless Consultant's Public Service
Officers are negligent in their operation and/or maintenance. In the event Contract
Public Service Officers are negligent, it shall be the responsibility of the
Consultant to fund repairs and/or damages.
3. Uniforms and Personal Equipment
Consultant shall provide all uniforms and personal equipment required by its staff.
Such uniforms shall be in accordance with City standards. Consultant's staff shall
present a neat and clean appearance at all times. For Public Service Officers use,
Consultant shall provide and maintain one (1) combination cellular phone/radio
Nextel"type.)
4. Tools
Consultant shall provide a basic complement of non-specialized, non-powered
hand tools for use by its staff in the performance of their duties. Such tools shall
be limited to items such as hammers, screwdrivers, wrenches, etc. City to provide
shovels, rakes, picks, brooms, etc.
C. Services Provided by City
1. Equipment
a. Tools: City shall provide all specialized hand tools, all power tools and
shovels, rakes, picks, and brooms needed by Consultant to perform its
assigned tasks.
b. Machinery: City shall provide all machinery (i.e., edgers, mowers, generators,
blowers, trimmers, etc.) required by Consultant 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).
Consultant may provide and maintain a PC desktop or laptop. Consultant may
not connect to City's network.
d. Radios: City shall provide Consultant with one (1) City frequency hand-held
radio for Consultant's Public Service Officers. City shall provide all routine
maintenance and repairs on this equipment. Replacement and/or repair of lost
or damaged radio shall be the responsibility of Consultant.
e. Storage and Office Space: City shall provide Consultant with adequate, secure
storage space for Consultant's tools and other equipment, as well as a work
area at Blackberry Farm.
f. Badges and Patches: City shall provide Consultant, if necessary, 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 and work-related telephone, electrical,
water, heating, and other utility costs within work area provided for
Consultant's Public Service Officers.
c. Work and Office Areas: Shall be kept in a clean and orderly fashion by
Consultant's Public Service Officer;.
d. Training: City will provide all specialized training required of Consultant's
staff Such training shall include instruction in irrigation system maintenance,
general security procedures and use of City vehicles and/or equipment. All
City-provided or City, State or Federal mandated training shall take place
within and during the hours of services provided by Consultant. If additional
hours of service or overtime are required for Consultant to complete said
training, these hours shall be treated as additional hours of service. City shall
be notified in writing prior to any required training.
e. For special patrols outside of normal Public Service Officer routines and
responsibilities, City shall provide Consultant's Public Service Officers with a
list of patrol objectives, duties, and limitations.
D. Public Service Officers' Schedule (Base Service Hours)
I. *January 7:00 a.m.or 8:00 a.m.—5:00 p.m. 9-10 hours(first 5 days ofthe month)
7:00 a.m.or 8:00 a.m.—5:30 p.m. 9.5-10.5 hours(second 21 days of the month)
7:00 a.m.or 8:00 a.m.—6:00 p.m. 10-11 hours(last 5 days ofthe month)
February 7:00 a.m.or 8:00 a.m.—6:00 p.m. 10-11 hours
March 7:00 a.m.or 8:00 a.m.—6:00 p.m. 10-11 hours(first 9 days ofthe month)
7:00 a.m.or 8:00 a.m.—7:30 p.m. 11.5-12.5 hours(last 22 days ofthe month)
April 7:00 a.m.or 8:00 a.m.—7:30 p.m. 11.5-12.5 hours(first 6 days ofthe month)
7:00 a.m.or 8:00 a.m.—8:00 p.m. 12-13 hours(last 24 days ofthe month)
May 7:00 a.m.or 8:00 a.m.—8:00 p.m. 12-13 hours(first 4 days ofthe month)
7:00 a.m.or 8:00 a.m.—8:30 p.m. 12.5-13 hours(second 6 days ofthe month)
7:00 a.m.—8:30 p.m. 13.5 hours(last 21 days of the month)
June 7:00 a.m.—8:30 p.m. 13.5 hours
July 7:00 a.m.—8:30 p.m. 13.5 hours
August 7:00 a.m.—8:30 p.m. 13.5 hours
September 7:00 a.m.—8:00 p.m. 13 hours(first 8 days of the month)
7:00 a.m.or 8:00 a.m.—7:30 p.m. 11.5-12.5 hours(last 22 days ofthe month)
October 7:00 a.m.or 8:00 a.m.—7:00 p.m. 11-12 hours(first 27 days ofthe month)
7:00 a.m.or 8:00 a.m.—6:30 p.m. 10.5-11.5 hours(last 4 days ofthe month)
November 7:00 a.m.or 8:00 a.m.—6:30 p.m. 10.5-11.5 hours(first 3 days of the month)
7:00 a.m.or 8:00 a.m.—5:30 p.m. 9.5-10.5 hours(last 27 days ofthe month)
December 7:00 a.m.or 8:00 a.m.—5:00 p.m. 9-10 hours
CITY STAFF WILL OPEN THE SCENCIC CIRCLE GATE AT 7:00 A.M. MONDAY-FRIDAY AND CLM
STAFF WILL START WORK AT 8:00 A.M. ON THE DAYS THAT CITY STAFF OPENS THE SCENIC
CIRCLE GATE. CLM STAFF WILL OPEN THE SCENIC CIRCLE GATE AT 7:00 A.M.ON WEEKENDS AND
CITY HOLIDAYS.
E. Additional Service Hours
Besides the base-hours service schedule as listed above, the Consultant may be required
to provide additional hours (billed per hour). Additional hourly rates to be included as
stated in Section K- Completion of Services.
F. Consultant's Responsibilities
Within the limits of the hours of service provided and within the general scope of the task
to be performed, City shall reserve the sole and exclusive right to adjust Consultant's
routine work performance priorities and personnel allocations. Any changes that require
layoff off or reduction in base service hours of Consultant's Public Service Officers
require City to notify Consultant in writing (30) thirty days prior to change. During the
hours of service being provided, specific tasks performed by Consultant shall include the
following within Stevens Creek Trail Corridor and Blackberry Farm.
1. Patrol and Daily Logs
Consultant shall provide daily patrol surveillance utilizing foot, bicycle, and club
car methods. Consultant 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. Monthly report to include patrol and
surveillance recommendations for upcoming month.
2. Fire Suppression
In the event of fires, Consultant'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
Consultant shall maintain a current knowledge of park and trail features,
activities, ordinances, and rules. Consultant 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, Consultant's Public Service Officers shall perform all
assigned housekeeping and custodial duties for park and trail facilities such as
maintenance facilities and public restrooms in City parks at a frequency
scheduled by City. Such facilities shall be kept by Consultant in a neat, clean,
and sanitary condition.
5. Landscape Maintenance
Consultant shall, within the hours specified and at the direction of the City,
remove downed tree limbs, trim non-irrigated grasses away from all roadway and
trails, trim and prune trees, shrubs, and ground cover as needed, mow lawn area
around Retreat Center, blow pathways, manually pull weeds, and perform other
landscape maintenance activities requested by City.
6. Minor Roads and Trails Maintenance
As required by City, Consultant 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 reasonably 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, Consultant shall make minor repairs and/or replace and clean
signs.
8. Litter Collection
Consultant shall collect on a daily basis all trash deposited in trash receptacles and
shall provide for regular, general pickup within Stevens Creek Corridor and
Blackberry Farm. All collected litter and trash shall be deposited by Consultant at
a location specified by City. Consultant shall also resupply dog waste bags on an
as-needed basis.
9. Maintenance and Repair of Miscellaneous Fixtures
As required by City, Consultant shall perform routine minor· repairs and
maintenance requirements to various park fixtures, including, but not limited to,
fencing, gates, and benches, so long as such repairs can be reasonably
accomplished with simple hand and power tools and completed within the
constraints of the hours provided under this contract.
10. Reporting of Maintenance Problems
Consultant shall promptly report to City any needed maintenance repairs that
either exceed Consultant's capabilities or are beyond the scope of tasks Consultant
is to provide under this contract.
G. Sufficiency of Work
Consultant agrees that all work provided shall be adequate and sufficient to meet the
purposes specified and shall be done to those standards as set by City.
H. Payment of Services
1. Consultant shall be paid on a monthly basis.
2. Consultant shall present to the City an invoice in accordance with specifications
established by City and paid by City within thirty (30) days after invoice provided
by California Land Management.
I. Payment Adjustments
1. Should Consultant fail to provide the specified hours required on any specific day,
those hours not . provided may either be rescheduled at City's discretion or
deducted from the appropriate service period invoice using the additional service
hourly rate(s) to calculate the deduction.
2. Should City request, either verbally or in writing, additional hours of service that
exceed the base bid levels of service, Consultant agrees to provide these
additional hours at the additional services hourly rate(s) for the particular service
period affected.
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 responsibility.
2. All services to be performed by Consultant shall be subject to approval on
acceptance by City Project Supervisor. City Project Supervisor shall make
periodic reviews of Consultant's operations and report any findings to
Consultant's Supervising Public Service Officers and/or Consultant.
K. Completion of Services
Consultant shall be responsible at its own expense for the selection and employment of
such staff as will enable Consultant to perform the services herein described diligently
and skillfully in order to complete the tasks under this contract without delay.
California Land Management Services
City of Cupertino
Pay Rates
Hourly Ranger Pay Rates
Senior Ranger: $27.30/hour
Senior Ranger OT: $37.80/hour
Ranger: $23.10/hour
Ranger OT: $33.08/hour
EXHIBIT B
ACKNOWLEDGEMENT OF MANDATEII REPORTING REQUIREMENTS,
RECEIPT OF TRAINING,AND RECEIPT OF PENAL CODES STATUTES
A mandated reporter is an individual who is obligated by law to report suspected cases of
child abuse and neglect. In general, any individual who, in the ordinary course of their
employment, has contact with children is a mandated reporter. Mandated reporters include
child care workers, teachers and coaches. (California Penal Code 11165.7).
If your job duties as an employee or an independent contractor of a 37,,,,w( i
include contact with children, you are a Mandated Reporter. Prior to commencing
employment and as a prerequisite of that employment, California law requires that you sign a
statement to the effect that you have knowledge of the provisions of the Mandated Reporter
Law, and will comply with those provisions. (California Penal Code 11166.5).
The following are the Mandated Reporter responsibilities under California law. You are also
being provided with a separate informational document which includes the text of the
California Mandated Reporter Law and contact information for Child Abuse and Neglect
Reporting for the County of Santa Clara. Please review this information carefully and
acknowledge your receipt and understanding where indicated. If you have questions or
concerns about this form or your Mandated Reporter responsibilities, please contact the
Recreation Supervisor at 408-777-3120.
I understand that:
By virtue of my employment or independent contractor status with
and because my employment requires me to have contact with children, I am a
Mandated Reporter as defined by California Penal Code 11165.7.
The following situations trigger mandatory reports: a) Physical Abuse (willful
harming of a child); b) Sexual abuse including sexual assault, child exploitation,
pornography, and trafficking; c) Severe or General Neglect; and d) Extreme
Corporal Punishment(resulting in injury). (Cal. Pen. Code 11165 et. seq.) I
further understand that I may, but am not required to,report suspected Emotional
Abuse.
If I reasonably suspect that a child i s being abused, I must immediately make a
telephone report. I must follow up with a written report within 36 hours. This
report may be made to local law enforcement, or County Sheriff's Department,
Probation Department or Child Welfare Agency. (Cal Pen. Code 11166(a)).
I am not required to, but I may, share information about suspected abuse with my
supervisor or management or the parents of the alleged victim.
When I make a mandated report, I will be required to give my name. However,
my identity will be kept confidential unless I either consent to disclosure or if the
disclosure is made pursuant to a court order. Further, agencies investigating the
mandated report may disclose my identity to one another. (Cal Pen. Code
11167(d)).
The following agencies and individuals receiving or investigating mandated
reports may disclose my identity to one another:
o Prosecutors in a criminal prosecuting or in an action initiated under
section 602 of the Welfare and Institutions Code arising from alleged child
abuse;
o Counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code;
o A licensing agency when abuse or neglect in out-of-home care is
reasonably suspected. (Cal Pen. Code 11167.5)
I may not be disciplined, dismissed, retaliated against, discriminated against or
harassed for making a mandated report of reasonably suspected child abuse.
As a Mandated Reporter, I have ciN it and criminal immunity when making a
report(Cal Pen. Code 11172).
As a Mandated Reporter, it is a misdemeanor to fail to comply with
Mandated Reporting laws and I can be held criminally liable for failing to
report suspected abuse. The penalty for this is up to six months in County jail, a
fine of not more than $1000, or both. I further understand I could be civilly liable
for failure to report. (Cal. Pen. Code 11166(c)).
I have been provided with a copy of California Penal Code sections 11164-11174.3
Mandated Reporter Law).
I understand that I am a legally Mandated Reporter. I am aware of and understand
my responsibilities under the Mandated Reporter laws of this state and am willing and
able to comply. I understand that a copy of this Acknowledgement will be kept in my
personnel file.
Name (Signature) Date
tJei c. AA/13 0.`C
Name (Print)
EXHIBIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that:
1. I am a representative of 04(.1-4a2",. L.* LA trn e o (consultant or company name); that I
am familiar with the facts herein and am authorized and qualified to execute this declaration.
2. I declare that 0413 w clMO n oedrAtes41-(consultant or company name) has complied with
fingerprinting and criminal background investigation requirements with respect to all
Consultant's employees who may have contact with minors in the course of providing services
pursuant to the Agreement, and the California Department of Justice has determined that none of
those employees has been convicted of a felony, as that term is defined in California Penal Code
Section 11105.3.
3. That a complete and accurate list of Consultant's employees, who may come in contact with
minors during the course and scope of the Agreement, are included below.
4. All of the below mentioned employees have received training and understand their
responsibilities under the Mandated Reporter laws of this state and are willing and able to
comply.
A List of all Consultant Employees Working for the City of Cupertino:
pc t a,a Jav**A &L of/.id z r
u L cue 3 X '4e- L.YU,s
5. The City of Cupertino will be notified by Consultant in writing of any new employees and will
be added to the above list prior to beginning work for the City of Cupertino.
I declare under penalty of perjury that the foregoing is true and correct:
l,..s rc, t+a ‘,C5.3
Date Place Consultant Signature
Staff Title: