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HomeMy WebLinkAbout1999-08-09 City Council (13)9 FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:AUGUST 9, 1999 CMR: 339:99 SUBJECT:RATIFICATION OF TWO CONTRACTS BETWEEN THE CITY OF PALO ALTO AND CALIFORNIA LAND MANAGEMENT IN THE AMOUNTS OF $ 38,000 AND $73,500 FOR PARK RANGER’ PATROL SERVICES IN PALO ALTO’S URBAN PARKS, REFUSE AREA, BYXBEE PARK AND BAYLANDS NATURE PRESERVE RECOMMENDATION Staff recommends that Council: Ratify the extension of the contracts with California Land Management retroactive to July 1, 1999. Approve and authorize the Mayor to execute the attached contract with Califomia Land Management (CLM) in the amount of $38,000 for ranger patrol services in Palo Alto’s urban parks for the fiscal year beginning July 1, 1999. Approve and authorize the Mayor to execute the attached contract with Califomia Land Management in the amount of $73,500 for ranger patrol services in Palo Alto’s Refuse Area, Byxbee Park and the Baylands Nature Preserve for the fiscal year beginning July 1, 1999. 4.Authorize the City Manager or her designee to exercise the option to renew the aforementioned contracts with California Land Management for a third year. CMR: 339:99 Page 1 of 3 BACKGROUND Since 1983, the City has contracted with CLM for ranger services to supplement Open Space and Sciences’ staff. CLM has demonstrated the ability to provide Services in the area of visible patrol; enforcement of City ordinances related to parks; emergency first aid and CPR; routine maintenance; and janitorial services. The City originally contracted with CLM to provide security patrols to prevent illegal dumping, and to check for fires at the Refuse area. CLM’s services were later expanded to help prevent dumping and fires in the Bayland Preserve and to provide weekend patrols of Mitchell, Rinconada, Johnson and Peers Parks. In combination with the City’s park rangers, CLM has been highly effective in reducing the problems of overuse and inappropriate behavior in the urban parks. DISCUSSION Two contracts are proposed to accommodate the fact that funding is in two separate department operating budgets. The attached contracts for park ranger services in the Refuse Area, Byxbee Park and the Baylands Nature Preserve in the amount of $73,500 (contract number $9107451) and in t~he urban parks in the amount of $38,000 (contract number $9107450) are for the second year of the three year scope of work planned in the original contract. Staff neglected to request renewal authority and did not submit the contract for renewal with the budget as required. Consequently, staff requests Council to approve and ratify the attached contracts, covering a scope of services commencing on July 1, 1999. The Palo Alto Municipal Code Section 2.30.140 (a) (2), states that contracts "...involving the obtaining of professional or specialized services..." may be exempted from the competitive bidding process. This exemption applies due to the unique mix of services and equipment provided by CLM. Although other local businesses provide private security and maintenance services, CLM is the only local organization that can provide the wide range of contract services needed using established park management practices. Other cities, including the City of Mountain View, currently use CLM for contract park ranger services. RESOURCE IMPACT Funds for the proposed contract for ranger services in the urban parks have been included in the adopted Community Services Department Fiscal Year 1999-2000 Operating Budget. Funds for the proposed contract for park ranger services in the Refuse Area, Byxbee Park and the Baylands Nature Preserve have been included in the adopted Public Works Department Refuse Fund Fiscal Year 1999-2000 Operating Budget. Cost of living increases negotiated for the third year of the contracts will be recommended in the budget process for Fiscal year 2000-2001. Staff anticipates that contract number $9107450 will increase by $1,200, and $9107451 by $2,940. CMR: 339:99 Page 2 of 3 POLICY IMPLICATIONS The recommendations in this report are consistent with current City policies. ENVIRONMENTAL ASSESSMENT These contracts are not projects as defined by the California Environmental Quality Act and are not subject to CEQA requiremems. ATTACHMENTS Attachment A - Contract - California Land Management Attachment B - Contract - California Land Management ¯ . Prepared By: Greg Betts, Acting Superintendent, Open Space and Sciences Department Head Review: PAUL THILTGEN Director of Community Services City Manager Approval: HARRISON Assistant City Manager CMR: 339:99 Page 3 of 3 AGREEMENT BY’ THIS AGREEMENT MADE AND ENTERED INTO ON THE C DAY OF BY AND BETWEEN THE CITY OF PALO ALTO "CITY~, AND California Land Management NO. I’DATE TO BE ENTERED19 ~ tRY CITY PURCHASING ,a (ADDRESS) 675 Gilman Street ..........(C~TY) Palo Alto CA (mm94301 (PHON~50-322-1181 "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ® CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Ranger patro! services in Palo Afro’s refuse area, Byxbee Park and Baylands Nature Preserve. EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE ,PART OF THIS AGREEMENT: A - Scope of Work. ® TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON July i, 1999 AND SHALL SE COMPLETED SEFORE June 30, 2000 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: [~x C}TY SHALL PAY CONTRACTOR: Not to exceed $73,500 for the period ending June 30, 2000. [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: KEY CODE O~BJECT PROJECT PHASE NO.I DOLLAR AMOUNT 2555i430 3126 I $73,500.00 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRI’TI’EN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands. claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors. or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement _and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials oi" supplies or payment for services which may be the subject of this agreement. All prior agreements, representations. statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CITY CONTRACTOR ~1 , NAME Gre~ Betts BY Eric Mart - President DEPT. Open Space Division P.O. BOX 10250 PALO ALTO, CA 94303 Telephone6~50-517-3112 TITLE SOCIAL SECURITY OR I.R.S. NUMBER INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN A,~PROVAL BOXES BELOW’ C:T~ OE=,:~TMBNT i~, Funds Have BeenL__J Budgeted APPROVAL OVER S25.000 CITY OF PAL0 ALTO ASS!STANT CITY MANAGER REVIEW I BY: I PURCHAStt’,IG & CONTRACT ADMIN!STRATi3,’, t(3) APPROVAL OVER S65.000 ATTEST:APPROVED AS TO FORt~I CITY CLERK CITY’ ATTORNE ; RE. _;5- For THE CITY OF PALO ALTO’S REFUSE AREA AND BAYLAND’S PARK RANGER CONTRACT July 1998 - June 2001 Overview The City of Palo Alto is seeking contract Park Ranger services for patrol and maintenance of parks and open space areas. The area to be covered is more than 2,000 acres and covers diverse facilities such as the refuse area, golf course, Baylands Preserve and the Faber Laumeister tract. Background The City has contracted for Park Ranger services since 1983. These services supplement the work of the City’s professional Ranger staff. The contract Rangers are required hereunder to handle a wide variety of situations in a timely and professional manner. Examples of the duties include: minor law enforcement, visible uniformed patrol, maintenance, first aid and natural history interpretation. Maintenance activities include: irrigation repair, installation and repair of signs, fences, gates and other facilities, vegetation control and other park related repairs. ~ Ranger Services: Duties required for patrol and maintenance of Baylands, Byxbee parks and associated areas as per attached specifications. A.WINTER SEASON MONTHLY RATE: (November 1 to April 30) Based on 21 hours of service per week. $4,520.00/MO. SUMMER SEASON MONTHLY RATE: (May 1 to October 31) Based on 32 hours of service per week. $.6,885.00/MO. C. HOURLY RATE: For additional temporary hours in excess of standard weekly hours specified above. $13,25 /Hour Private Patrol Operator’s License No. PA009080 d)-- e) g) h) I) J) following information: the patient’s full name, address, phone number (home and work), date of birth, and the nature of the medical problem(s). Rangers shall also inform City of the disposition of the case, i.e., taken to a hospital, released on the scene and the type of first aid performed. This information will be submitted to the City within four calendar days of the aid being given. Forms already in use by the Contractor will be adequate if they include all of the above information. Fire Suppression: Fire response - Contract Ranger shall report ~ fire to the appropriate emergency response agency. The ranger shall respond to the area safely and within the posted speed limit, following all traffic laws. The ranger shall attempt to secure the scene to prevent further damage or injury. The ranger may use a fire extinguisher, on small fires, only when such use will not place the ranger or any other person in potential jeopardy. The rangers will cooperate with, and obey the commands of, any public safety officials on the scene. Public Contact: Contract Rangers shall maintain a current knowledge of Baylands features, activities (including programs provided by the City) and applicable City and State ordinances and rules. Rangers shall provide information assistance to visitors on request and distribute any Baylands-related information CITY may wish to provide. Contractor’s staff shall at all times relate to the public in a courteous and professional manner. Roads and Trails Maintenance: Contract Ranger shall help keep all roadways, parking lots and trails open and clear of major debris (i.e., logs, rocks, etc.) and perform such minor repairs to these facilities as can be reasonably accomplished within the constraints of the hours provided as described in Paragraph 1 (a - c). Signs Maintenance: Contract Rangers shall instalI and replace signs as requested. Litter Collection: Contractor shall provide general litter pick up within Baylands on a daily basis. All collected litter shall be deposited by Contractor at the City of Palo Alto Sanitary landfill except any item deemed hazardous, in which case shall be disposed of in a manner consistent with City policy and all laws and regulations. Contractor will provide garbage bags and litter sticks for litter collection, Maintenance and Repair of Miscellaneous Fixtures: Contractors shall perform routine minor repairs to various fixtures including, but not limited to fencing, gates, and benches. The work will be completed within the constraints of the hours as described in Paragraphs 1 (a - c). Reporting of Maintenance Problems: Crntractor shall report promptly to CITY any needed maintenance repairs that either exceed Contractor’s capabilities or are beyond the scope of tasks described in this proposal. Reports shall be in the manner directed by the Project Manager. c) d) e) 8)Uniform shirts will be "Flying Cross," or similar brand and will have a badge tab. Significant changes to the uniform standards must be approved by the Baylands Senior Ranger. Tools: Contractor shal! provide a basi~ complement of non-specialized, tools for use by its staff in the performance of their duties. Such tools shall include such items such as hammers, screwdrivers, wrenches, shovels, garbage bags, litter sticks, rakes and similar equipment. Radios: City shall provide a 2-way radio system to the Contractor. The Ranger will have a portable or mobile radio for routine and emergency communication purposes. The radios wil! remain the property of the City and will be immediately returned upon dissolution of this contract. The City is responsible for routine maintenance of the radio(s). The contractor is responsible for any repair or replacement of the radios or associated parts and devices, due to negligence, abuse or unwarranted wear and tear. Such a decision, as to nature of the cause of the problem, will be the sole prerogative of the City’s Project Manager. The contractor will immediately report any problems with the radios, or their use, to the City’s Project Manager or his designee. The Contractor is responsible for monitoring its staff use of the City radio. Contractor must follow all of the radio procedures specified by the City. Training: Contractor shall provide all necessary training for its own staff and will be responsible for ensuring that its staff maintains current certification. Contractor will provide City with rangers who have current certification in adult, child and infant cardia-pulmonary resuscitation techniques as taught by the American Red Cross or the American Heart Association. Contractor shall provide City with rangers who have current certification in Standard First aid or higher level of emergency first aid training. If a ranger has a certificate other than that listed above, acceptance of such certification is at the discretion of the City’s Project Manager. Contractor shall provide City with photocopies of the above certificates for all rangers working within the City. Contractor shall train its own staff in general maintenance and security procedures. The City may require contract rangers to attend an annual training session, to last not longer than eight (8) hours per staff member. This will be done at the contractor’s expense. 5 8.~ayment of,$ervice~: ao A payment schedule will be negotiated with Contractor at the time of award. The hourly rate anti season base fees for each Monthly Service Period shall be adjusted each July 1 st in accordance with the provisions contained in Paragraph 9. Contractor shall present monthly invoices to the City within five (5) working days after the end of each month. Co City shall pay all invoices on or before the twenty-fifth (25th) day of the month following each Service Period. 9. payment Adjustments Should Contractor fail to provide the specific hours required hereinabove on any specific day, those hours not provided may either be rescheduled at City’s discretion or deducted from the appropriate service period. Should the City request, either verbally or in writing, additional temporary hours of service that exceed the standards specified hereinabove, Contractor agrees to provide these additional hours at a rate above the normal payment specified for the particular service period affected. Should City wish to permanently add additional hours of service to the base established hereinabove, Contractor and City agree to consider amending this Contract. The rates of payment addressed herein shall be adjusted annually each July 1st. These rates adjustments shall be based solely on a negotiated and mutually agreed to cost of living increase based on the regional Consumer Price Index. Said increase must be agreed in writing by January 30 of each year and the term hereof, or this Contract shall terminate. In any event, the Contract shall terminate without advance notice to Contractor if the City Council does not budget funds pursuant to Paragraphs 13 (a - c). 10..City Project Manager: The Superintendent of Open Space and Sciences of the City, or his or her designee, shall be the City Project Manager and shall represent the City and render overall super~,ision of the progress and execution of this Contract. All services to be performed hereunder by Contractor shall be subject to approval and acceptance by the City Project Manager. City Project Manager shall make. periodic reviews of Contractor’s operations and report any findings to the Contractor’s Project Manager. A City Park Ranger assigned to the Baylands shall supervise the day to day operations of this Contract. - 11.Contractor’s Project Manager: The Contractor’s Project Manager shall represent and provide overall super-,’ision of the progress and execution of Contractor’s obligations as specified under this Contract and shall work with the City’s Project Manager to ensure the successful 17. 18. 19. Funds Reimbursement: Contractor a~ees to reimburse the City for any loss or damage, beyond normal wear and tear, to City provided .equipment which occurs due to any negligent acts, errors or omissions by Contractor. Insurance Requirements: The Contractor will provide the City with the Certificates of insurance or copies of all policies and such endorsements described in the document entitled "Insurance Requirements for Contractors - General Terms and Instructions". The Contractor shall maintain such insurance as will cover the entire obligation assumed by the contractor hereunder as well as such insurance as will protect the contractor from any claims or liability under the Workers Compensation Acts, personal liability, property damage, and other claims for damages which may arise from operations under this contract. Non Discrimination Requirement: The Contractor shall be required to comply with all Laws concerning non-discrimination in employment, and shall be subject to all penalties, including penalties set forth in the Palo Alto Municipa! Code, in the event of a violation of this provision. AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BYAND BETWEENTHE CiTY OF PALO ALTO "CITY", AND California Land NO. ~’DATE TO BE ENTEREDDAY OF 19__ !.BY CITY PURCHASING Management ,8 (ADDRESS) 675 Gilman Street (c~TY~ Pal~ Alto: C.~ _ (raP) 9a3~I (PHO~--3PP-I "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ® CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Ranger patrol services in Palo Alto’s urban parks patrol program. As per exhibit A. EXHIBITS "mE FOLLOWING ATTACHED EXH=BITS HEREBY ARE MADE PART OF TH~S AGREEMENT: -- Scope of work. TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLE-rED BEFORE ,.Tune 30, 2000 July i, 1999 COMPENSATION FOR "mE FULL PERFORMANCE OF THiS AGREEMENT: ~ CITY SHALL PAY CONTRACTOR: NOt tO exceed $38,000. At the rate of $14.25 per hour services or $18.00 per hour for overtime services. [] CONTRACTOR SHALL PAY CITY: for regular PAYMENT RECORD (DEPARTMENT USE REVERSE S~DE~ CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO.DOLLAR AMOUNT 02817361 3199 $3S-OO~.OO GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH BIDES OFTHIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THiS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITI’EN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts. errors, or omissions, or willfut misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions On the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations. statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CITY CONTRACTOR NAME Greg Betts BY Eric Mart - President DEPT. Open Space Division P.O. BOX 10250 PALO ALTO, .CA 94:~03 Telephone 550-617-3112 TITLE SOCIAL SECURITY INVOICING SEND ALL INVOICES TO THE CITY, ATFN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS: /ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CITv DEPARTMENT [--]., Funds Have Been i INSURAL!CE REVIEW I PURCHASING & CONTRACT ADMINISTRATIOP,’Buageted I (2)(3) APPROVAL OVER $25,000 APPROVAL OVER S65,000 A]q’EST:APPROVED AS TO FORMCITY OF PAL0 ALTO BY BY: MAYO~ASSISTANT CITY MANAGER CITY CLERK CI’FY ATTORNEY C~’~ C27B2 ’=F-~.% .... ]=EB~" 77~’; -’_ ~ ~ --~__. ~" "~ . _ Exhibit A SCOPE OF WORK FOR THE CITY OF PALO ALTO’S URBAN PARKS’ PATROL PARK RANGER CONTRACT JULY 1998 o JUNE 2001 TABLE OF CONTENTS Overview ......................................................................1 Objectives .....................................................................1 Services to be Provided by Contractor under this Contract ..............................1 Hours of Service .......... ................................................1 SUMMER .........................................................2 Saturdays ...................................................2 Sundays and Holidays ........................................2 WINTER .........................................................2 Personnel ...............................................................3 Supervision .......................................................3 Spanish Speaking Personnel ..........................................3 Uniforms ..........................................................3 Supplies ..........................................................3 Services .................................................................4 Law Enforcement ...................................................4 Reservation System .................................................4 Radio Use .........................................................4 Maintenance and Cleaning ...........................................4 Equipment to be Provided by City .................................................5Radios Garbage Collection .......................................................5Janitorial Supplies ........................................................5 Keys ...................................................................5 Completion of Services ..........................................................5Term of Contract Termination of Contract and Payment of Fees .............................: ..........6 Termination of work ......................................................6 Non-assignability .........................................................6Waiver.................................................................. Funds Reimbursement .....................................................6Insurance Requirements ...... ..............................................6Non-discrimination Requirement ............................................6Billing and Charges ..........................................: .......7Payment Adjustments ................................: ...........................7 City Project Manager ............................................................7 C: \MYDOCU-I \]~ETTS\CMRS\CLM\DTP-CNTR. 98 Overview The goal of this Scope of Work is to specify the service to be provided bY the contract park ranger in the city ofPalo Alto’s Urban Parks’ Patrol program. The City’s Project Manager for the services under this addendum to Exhibit A shall be the ranger assigned to the Baylands, or his or her designee. Objectives By providing the services listed below the following shall be achieved: l)Po~ablebarbecues are not allowed in Mitchell and Pdnconada parks when patrolled by the Contractor. 2)Noise levels shall be kept to a minimum and noise ordinances specified in the Palo Alto Municipal Code shall be adhered to by the visitors to Mitchell and Rinconada parks. 3)Dogs shall be leashed at all times in Mitchell and 1Linconada parks when patrolled by the Contractors. 4)Garbage cans shall be regularly emptied and loose garbage shall be picked up by the Contractor from Mitchell and ginconada par[: grounds, adjacent streets and school yards. 5)The Contractor at Mitchell and Rinconada parks shall regularly clean restrooms. 6)Park restrooms will be unlocked and locked as directed. Services to be Provided b~’ Contractor under this Contract. Hours of Service The hours stated below may be altered at the discretion of the City’s Project Manager. The eight (8) hour shif~ will include a (half) 1/a hour lunch not paid for by the City. The ranger may take two (2) paid fifteen minute breaks. The four (4) hour shifts will include a paid 15 minute break. 3. The Contractor shall provide the following staffing levels: SUMMER ( MAY 1 THROUGH OCTOBER 31) Saturdays RINCONADA PARK: One (1) ranger to work eight (8) hours from 7:00 a.m until 3:30 p.m. One (1) ranger to an eight (8) hour "Close," shift which is from 12:30 p.m. until 9:00 p.m. MITCHELL PARK: One (1) ranger to work eight (8) hours from 7:00 a.m. until 3:30 p.m.. One (1) ranger to work four (4) hours from 3:15 p.m. until 7:15 p.m. Sundays and Holidays The Following holidays will be staffed: Memorial Day Independence Day (July 4) Labor Day RINCONADA PARK One (1) ranger to work eight (8) hours from 7:00 a.m. till 3:30 p.m.. One (1) ranger to work a "Mid-shift," from 09:00 a.m. till 5:30 p.m.. One (1) ranger to an eight (8) hour "Close," shift which is from 12:30 p.m until 9:00 p.m. MITCHELL PARK: One (1) ranger to work eight (8) hours from 7:00 a.m till 3:30 p.m.. One (1) ranger to an four (4) hour "Close," shift which from 3:15 p.m. until 7:15 p.m. WINTER (NOVEMBER 1 TItROUGIJ APRIL 31) One ranger to work four (4) hours from 12:00 p.m. to 4:00 p.m. in Rinconada Park on Sundays and Thanksgiving Day and Christmas Day. The primary functions of this patrol by the Contractor are policing the Walter Hayes School grounds and the park for garbage. Enforcement will be done on an as needed basis. Personnel Supervision The contractor shall provide a supervisor who shall oversee the Contractors’ implementation of this Contract. The Contractor’s supervisor shall do quality checks at least twice a month and shall be responsive to requests from the City’s Project Manager. Spanish Speaking Personnel The contractor shall aggressively seek to hire bilingual (English and Spanish speaking) personnel. Whenever possible, bilingual personnel will be assigned to work in Rinconada Park. Uniforms The contractor shall ensure that all personnel working in Mitchell and Rinconada Parks shall appear in full uniform. The following standards shall apply to the uniform: 1)Personnel must wear a badge showing the name of the Contractors’ company. 2)Personnel must wear a name tag that states the person’s first and last name, or first initial and last name. 3)Personnel must wear a belt that is suitable for carrying a radio. 4)Personnel must wear leather boots while involved with garbage collection activities. 5)Personnel may wear short pants, in the same color as the regular uniform pants, at their discretion. The inseam must between 3" and 6". 6)Personnel must carry leather gloves and wear them while involved with garbage collection or restroom cleaning. 7)Uniform pants will be brown. 8)Uniform shirts will be "Flying Cross," or similar brand and will have a badge tab. The Superintendent of Open Space must approve significant changes to the uniform standards. Supplies The contractor shall provide its personnel with leather gloves, litter sticks and garbage bags and any other tools necessary for the collection of loose garbage. Services Law Enforcement The Contractor shall provide the following law enforcement related services: 1)Rigorous ly enforce the provisions of the Palo Alto Municipal Code dealing with parks, specifically those sections dealing with portable barbecues, dogs off leash, noise and the reserved use of picnic tables. This is the main function of this Contract. 2)Provide such enforcement in an educational manner whenever possible, consistent with the park rangers’ method. 3)Provide visible patrol to all areas assigned and to positively search for violators. 4)Deal with minor violations in a safe manner whenever possible, but to call for a City park ranger or police assistance whenever necessary. Reservation System 1)The Conwactor rangers will familiarize themselves with the system for reserving individual picnic tables, group areas and other park facilities. The contractor shall assist in the implementation and enforcement of the City’s reservation system as directed by the Project Manager. Contractor rangers may be responsible for the collection of fees associated with picnic area rental in accordance with the City’s cash handling procedures. Radio Use Contractors’ personnel will at all times carry the provided radio and will follow the procedures dictated by the City. Maintenance and Cleaning 1)The Contractor shall empty garbage cans and collect litter as directed by the City’s Project Manager at Mitchell and Rinconada parks. 2)The Contractor shall at all times ensure that, for safety, two staff lift garbage cans when Contractor’s staff are involved with garbage collection duties. 3)The Contractor shall open and close restrooms as directed by the Project Manager. 4)The Contractor’s staff shall check the restrooms on an hourly basis and shall clean the facilities to the standards set by the City’s Project Manager. Such cleaning shall include 4 removal of paper and other debris from the floors, the wiping down of sinks and other equipment and the restocking of toilet paper, sanitary napkin bags and paper towels. The Contractor shall log such cleaning on forms that they provide. At a minimum the Contract shall log the time and name of the person doing the cleaning. The Contractor shall report all safety hazards and maintenance needs to the City’s Project Manager on the day that the hazard or problem is observed. The Contractor shall replace signs and do other maintenance tasks as directed by the City’s Project Manager. Equipment to be Provided by City Radios The City shall provide the Contractor with a separate two way radio for both Mitchell and Rinconada parks. The conditions for the use and maintenance of these radios shall be specified by the City’s Project Manager. Garbage Collection The City shall provide dumpsters and garbage cans in Mitchell and Rinconada parks and shall arrange for timely removal of garbage from the dumpsters. Janitorial Supplies The City shall provide toilet paper, paper towels and sanitary napkin bags to the Contractor. The City will provide all necessary signs for Mitchell and Rinconada parks. The City shall provide the Contractor with such keys as are necessary to access facilities connected with this Contract. 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 its services diligently and skillfully in order to complete the tasks under this proposal without delay. Term of Contract: 1)Subject to continued City Council approval of funding, for this contract on each fiscal year of the term hereof, the term of this Contract shall be for a period of thirty-six (36) months commencing July 1, 1998 and ending at midnight, June 30, 2001. 2)This Contract is based on the City’s budgeting purposes according to the following segments: Segment A - 7/1/1998 to 6/30/1999 Segment B - 7/1/1999 to 6/30/2000 Segment C - 7/1/2000 to 6/30/2001 3)If the City Council does not budget funds to cover the next segment by July 1 of any year, this Contract shall automatically terminate without notice to Contractor. Termination of Contract and Payment of Fees: 1)This Contract may be terminated by either party upon 90 days prior written notice to the other party. 2)Termination of work under this Contract at any time prior to the full completion of the term shall result in full and prompt payment by the City to Contractor for all work completed as of the date of such termination. 3) 4) ~) 6) 7) Non-assi~ability: Contractor shall not assign or transfer this Contract or any interest or obligation therein without the prior written consent of City, and then only upon such terms and conditions as. City may set forth in writing. Waiver: In the event that either City or Contractor shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract. Funds Reimbursement: Contractor agrees to reimburse the City for any loss or damage, beyond normal wear and tear, to City provided equipment which occurs due to any negligent acts, errors or omissions by Contractor. Insurance Requirements: The Contractor will provide the City with the Certificates of insurance or copies of all policies and such endorsements described in the document entitled "Insurance Requirements for Contractors - General Terms and Instructions". The Contractor shall maintain such insurance as will cover the entire obligation assumed by the contractor hereunder as well as such insurance as will protect the contractor from any claims or liability under the Workers Compensation Acts, personal liability, property damage, and other claims for damages which may arise from operations under.this contract. Non-Discrimination Requirement: The Contractor shall be required to comply with all Laws concerning non-discrimination in employment, and shall be subject to all penalties, including penalties set forth in the Palo Alto Municipal Code, in the event of a violation of this provision. Billin~ and Char~es The Contractor shall bill the City under the same terms as specified below. The bill will show the charges for services in Mitchell and Rinconada parks as a separate line item. 1)A payment schedule will be negotiated with Contractor at the time of award. The hourly rate and season base fees for each Monthly Service Period shall be adjusted each July 1st in accordance with the provisions specified under "Payment Adjustments," below. The hourly rate for Segment A shall be $13.25/hour. In those instances where the City requests additional hours without sufficient prior notice to allow the Contractor to schedule employees at their regular rate, the hourly rate shall be $18.00 per hour. This overtime rate shall only be applied with the prior approval of the City. 2)Contractor shall present monthly invoices to the City within five (5) working days after the end of each month. 3)City shall pay all invoices on or before the twenty-fifth (25th) day of the month following each Service Period. Payment Adj ustments Should Contractor fail to provide the specific hours required hereinabove on any specific day, those hours not provided may either be r escheduled at City’s discretion or deducted from the appropriate service period. Should the City request, either verbally or in writing, additional temporary hours of service that exceed the standards specified hereinabove, Contractor agrees to provide these additionalhours at a rate above the normal payment specified for the particular service period affected. Should City wish to permanently add additional hours of service to the base established hereinabove, Contractor and City agree to consider amending this Contract. The rates of payment addressed herein shall be adjusted annually each July 1 st. These rates adjustments shall be based solely on a negotiated and mutually agreeable amount. Said increase must be agreed in writing by April 30 of each year and the term hereof, or this Contract shall terminate. In any event, the Contract shall terminate without advance notice to Contractor if the City Counci 1 does not budget funds pursuant to the "Terms of Contract," as specified below. City Project Manager: The Superintendent of Open Space and Sciences of the City, or his designee, shall be the City Project Manager and shall represent the City and render overall supervision of the progress and execution of this Contract. All services to be performed hereunder by 7 Contractor shall be subject to approval and acceptance by the City Project Manager. City Project Manager shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Project Manager. , 8