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11-001 California Land Management CITY OF // AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue 4f 19 4 . , Cupertino, CA 95014 NO. / CUPERTINO (408) 777 -3200 ��� FY 11 -1 BY THIS AGREEMENT ma• - : • • - - - ed into on the 29th day of June, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and California Land Management, ( (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 July 2011 through June 2012. 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, 2011, and shall be completed before June 30, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed $108,000. 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 & 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. CIT CUP - RTINO: J 6 By: By \ # • �� Titleit,Ity Manager Title: Social Security #: ' APPRO S ,. EXPENDITURE DISTRIBUTION DEPARTMENT , „ • D 7TE ACCOUNT NUMBER AMOUNT ` 110- 6220 -7014 $108,000 CITY t / RK ATE - 7/ 7 ki 1 1 CITY OF CUPERTINO PARKS AND RECREATIION DEPARTMENT EXHIBIT A Scope of Services 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 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 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. 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. 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, trim non - irrigated grasses, trim overhanging shrubs and tree limbs from grail and pathways. c. Security - Public Service Officers shall also be responsible for unlocking and locking required gates and buildings during opening and closing shifts. 1 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. For maintenance responsibilities and for opening and closing duties, City shall provide an electric /gas - powered type of club car vehicle. Maintenance and upkeep of both the bicycle and club car shall be the responsibility of the City unless Contractor'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 Contractor to fund repairs and /or damages. 3. Uniforms and Personal Equipment Contractor shall provide all uniforms and personal equipment required by its staff. Such uniforms shall be in accordance with City standards. Contractor's staff shall present a neat and clean appearance at all times. For Public Service Officers use, Contractor shall provide and maintain one (1) combination cellular phone /radio ( "Nextel" type.) 4. Tools Contractor 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 2 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 Contractor to perform its assigned tasks. b. Machinery: City shall provide all machinery (i.e., edgers, mowers, generators, blowers, trimmers, etc.) required by Contractor 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 may provide and maintain a PC desktop or laptop. d. Radios: City shall provide Contractor with one (1) City frequency hand -held radio for Contractor'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 Contractor. e. Storage and Office Space: City shall 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 provide Contractor, 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: 3 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 Contractor's Public Service Officers. c. Work and Office Areas: Shall be kept in a clean and orderly fashion by Contractor's Public Service Officers. d. Training: City will provide all specialized training required of Contractor'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 Contractor. If additional hours of service or overtime are required for Contractor 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 Contractor's Public Service Officers with a list of patrol objectives, duties, and limitations. D. Public Service Officers' Schedule (Base Service Hours) 1. January 7:00 a.m. — 5:30 p.m. 10.5 hours February 7:00 a.m. — 6:00 p.m. 11 hours March 7:00 a.m. — 6:00 p.m. 11 hours (first 10 days of the month) 7:00 a.m. — 7:30 p.m. 12.5 hours (last 21 days of the month) April 7:00 a.m. — 7:30 p.m. 12.5 hours (first 7 days of the month) 7:00 a.m. — 8:00 p.m. 13 hours (last 23 days of the month) May 7:00 a.m. — 8:00 p.m. 13 hours (first 12 days of the month) 7:00 a.m. — 8:30 p.m. 13.5 hours (last 19 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 10 days of the month) 7:00 a.m. — 7:30 p.m. 12.5 hours (last 20 days of the month) October 7:00 a.m. — 7:30 p.m. 12.5 hours (first 8 days of the month) 7:00 a.m. — 7:00 p.m. 12 hours (last 23 days of the month) November 7:00 a.m. — 6:30 p.m. 1 1.5 hours (first 5 days of the month) 7:00 a.m. — 5:30 p.m. 10.5 hours (last 25 days of the month) December 7:00 a.m. — 5:00 p.m. 10 hours 4 E. Additional Service Hours Besides the summer and winter base -hours service schedule as listed above, the Contractor 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. Contractor'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 Contractor's routine work performance priorities and personnel allocations. Any changes that require layoff off or reduction in base service hours of Contractor's Public Service Officers require City to notify Contractor in writing (30) thirty days prior to change. During the hours of service being provided, specific tasks performed by Contractor shall include the following within Stevens Creek Trail Corridor and Blackberry Farm. 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. Monthly 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 parks at a frequency scheduled by City. Such facilities shall be kept by Contractor in a neat, clean, and sanitary condition. 5 5. Landscape Maintenance Contractor 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, 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 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, Contractor shall make minor repairs and /or replace and clean signs. 8. Litter Collection Contractor 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 Contractor at a location specified by City. Contractor shall also resupply dog waste bags on an as needed basis. 9. Maintenance and Repair of Miscellaneous Fixtures As required by City, Contractor 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 Contractor shall promptly report to City any needed maintenance repairs that either exceed Contractor's capabilities or are beyond the scope of tasks Contractor is to provide under this contract. • G. Sufficiency of Work Contractor 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. 6 H. Payment of Services 1. Contractor shall be paid on a monthly basis. 2. Contractor shall present to the City an invoice in accordance with specifications established by City within ten (10) working days after the end of each month. 1. Payment Adjustments 1. Should Contractor 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, Contractor 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 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 services 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 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" * Does not include overtime or special project outside normal work hours. 8 • E B B Insurance Requirements Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons of 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 FounNumber CA 0)01 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 foul,. 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 perfoinued 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 Faun 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 four. 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 teens of any policy which arise from work perfoiuied 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 ,parceled 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. Verificatio 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. •