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HomeMy WebLinkAboutStaff Report 422-07City City of Palo Alto Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER NOVEMBER 19, 2007 APPROVAL OF A 6 DEPARTMENT:COMMUNITY SERVICES CMR: 422:07 CONTRACT WITH CALIFORNIA LAND MANAGEMENT FOR A TOTAL NOT TO EXCEED $367,266 PLUS COST OF LIVING ADJUSTMENT FOR PARK RANGER PATROL SERVICES IN PALO ALTO’S URBAN PARKS, REFUSE AREA, BYXBEE PARK AND BAYLANDS NATURE PRESERVE RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the Mayor to execute the attached contract with California Land Management (CLM) for a total not to exceed $367,266 plus cost of living adjustment for ranger patrol services in Palo Atto’s m-ban parks, Refuse Area, Byxbee Park and the Baylands Nature Preserve for the period beginning November 1,2007 and ending October 31,2008. The contract is a one-year ageement with options for two additional years tt~’ough October 31, 2010. 2.Authorize the City Manager or his designee to exercise the option to renew the aforementioned contract with CLM for the second and!or third year, provided the contractor is responsive to the City’s needs and the quality of the contractor’s work!product is acceptable during the first year of the contract (and/or other conditions which will determine the City’s willingness to renew the contract). BACKGROUND Since 1983, the City of Palo Alto has contracted with California Land Management (CLM) for ranger services to supplement Open Space and Park staff. CLM has demonstrated the ability to provide services in the areas of: visible patrol; enforcement of City ordinances and regulations related to parks; emergency first aid and CPR; routine maintenance; and janitorial services. The City originally comracted 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 Baylands Preserve and to provide weekend patrols of Mitchell and Rinconada 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. CMR: 422:07 Page 1 of 3 DISCUSSION The attached contract is for park ranger services for the Community Services Department in the urban parks in the amount of $29,422; and in the Public Works Department for the Refuse Area, Byxbee Park and the Baylands Nature Preserve in the amount of $93,000. Because of the unique range of services required by this contract for a combination of security patrol, janitorial service and first aid response, in the past the City has been able to identify only one contractor qualified to perform these services. As a result, when the contract with CLM expired in 2004, staff recommended renewing the contract with CLM and designated them as a "sole source vendor." 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 for unique services. During the Comacil’s discussion on approving the contract (June 28, 2004; CMR:262:04), Council Member Freeman questioned the appropriateness of see "king a sole source exemption for the contract renewal. In response to those expressed concerns staff has diligently sought proposals from a variety of security, janitorial and maintenance firms for the provision of this new contract. The Request for Proposal was distributed to twenty potential bidders and was advertised for a 30-day period. Only one proposal was received, from California Land Management, for these services. RESOURCE IMPACT Funds for the proposed contract for ranger services in the urban parks are included in the proposed Community Services Department Fiscal Yea" 2007-2008 Operating Budget. Funds for the portion of the contract for services in the Refuse Area, Byxbee Park and the Baylands Nature Preserve have been included in the proposed Public Works Department Refuse Fund Fiscal Year 2007-2008 Operating Budget. Cost of living increases negotiated for the second and third years of the contracts will be recormnended in the budget process for Fiscal Years 2008-2010. POLICY IMPLICATIONS The recommendations in this report are consistent with cun’ent City policies. ENVIRONMENTAL ASSESSMENT These contracts are not projects as defined by the California Environ_mental Quality Act (CEQA); and are not subject to CEQA requirements. ATTACHMENTS Attachment A: Attactm~ent B: Attachment C: Scope of Work - California Land Management - Urban Park Patrol Scope of Work - California Land Management - Baylands Landfill and Preserve Patrol Contract - California Land Management CMR: 422:07 Page 2 of 3 Prepared By: Departrnent Head Review: City Manager Approval: Open Space and Parks Division Manager R~WARD JAMI~S Director of Commm~ity Services E("~MIL~ I~ARRI~ O~- Assistant City Manager CMR: 422:07 Page 3 of 3 Attachment A SCOPE OF WORK FOR THE CITY OF PALO ALTO URBAN PARKS’ PATROL PARK "RANGER" CONTRACT November 2007- October 2010 TABLE OF CONTENTS Overview Background Services To Be Provided By Contractor Under This Contract Special Provisions Personnel Services To Be Provided Field Services To Be Provided Equipment, Materials And Other Services Provided By Contractor Sufficiency Of Work Equipment To Be Provided By The City Priorities Standards Payment Of Services Payment Adjustments City Project Manager Contractor’s Project Manager Completion Of Services Term Of Contract 1 1 2 3 3 3 5 5 5 6 6 6 6 7 7 7 7 0 of 7 Overview The goal of this Scope of Work is to specify the service to be provided by the contract park ran~er m the City of Palo Alto’s Urban Parks Patrol program. Background By providing the services listed below the following shall be achieved: 1 )Portable barbecues are not allowed in Mitchell and Rinconada 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 visitors to Mitchell Park, Rinconada Park (including along the adjoining Hopkins Avenue), mad Jordan Middle School Fields. 3)Dogs shall be kept leashed and under the control of their attendants at all times within Mitchell Park, Rinconada Park, and Jordan Middle School Fields when patrolled by the Contractors. 4)Garbage cans shall be regularly emptied and loose garbage shall be picked up by the Contractor from Mitchell Park, Rinconada Park grounds (and the adjacent Hopkins Avenue between Newell and Han-iet Street), and Jordan Middle School Fields. 5)The Contractor shall regularly clean and restock Mitchell and Rinconada restrooms. 6)Park restrooms (Mitchell (two restrooms) and Hoover) will be unlocked at the beginning of each day worked, as directed. 7)All private vehicles, except City emergency or maintenance vehicles, will be prohibited from entering or remaining in the parks. 8)The reservation of picnic tables will be enforced in Mitchell and Rinconada Parks by the Contractor. Adopted "Park Rules & Regulations" will be enforced by the Contractor at Mitchell Park, Rinconada Park, and Jordan Middle School fields to ensure the safety of park and field visitors, the proper use of the park and fields for the protection of park resources and the well-being of the adjoining neighborhood. 10)Patrol staff shall be vigilant in enforcing alcohol consumption rules in Mitchell and Rinconada Parks. 11)The permitted use of athletic fields and related park roles will be enforced at Jordan Middle School. ";" The term "park ranger" has traditionally been used to describe the person performing park patrol services. This term is synonymous with security agent, safety officer, or park attendant. 1 of 7 Selwices to be Provided bv Contractor under this Contract The hourly rate shall be $ &our (for 2007-2008). In those instances where the City requests additional hours without sufficient prior notice to allow the Contractor to schedule employees at their regular rate (at least 72 hours), the hourly rate shall be $ per hour (for 2007-2008). This overtime rate shall only be applied with the prior approval of the City. The Contractor shall provide the following staffing levels: SUMMER ( MAY 1 THROUGH OCTOBER 31) Saturdays and Sundays Rinconada Park & Jordan Middle School: One (1) ranger to work eight (8) hours from 8:00 a.m. until 5:00 p.m. Mitchell Park: One (1) ranger to work four (4) hours from 8:00 a.m. until 12:00 p.m. Holidays The Following holidays will be staffed: Memorial Day Independence Day (July 4) Labor Day Rinconada Park & Jordan Middle School: One (1) ranger to work eight (8) hours from 8:00 a.m. until 4:30 or 5:00 p.m. (depending on length of lunch break). 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 8:00 a.m. until 4:30 or 5:00 p.m. (depending on length of lunch break). One (1) ranger to an eight (8) hour "Close," shift which is from 12:30 p.m. until 9:00 p.m. 2 of 7 WINTER (NOVEMBER 1 THROUGH APRIL 31) One ranger to patrol four (4) hours from 12:00 p.m. to 4:00 p.m. Rinconada Park and Jordan Middle School fields on Sundays and Thanksgiving Day and Christmas Day. The primary function of this patrol by the Contractor is essentially the stone as during the smnmer. Enforcement will be done on an as-needed basis. All park trash cans should be emptied by the end of the ranger’s shift on Sunday. ,Special Provisions The Contract Rangers shall serve in a supportive capacity to the City of Palo Alto Community Services Department for patrol and maintenance at Mitchell Park, Rinconada Park, and Jordan :k/Iiddle School fields and other areas as assigned. The work required by the Contractor shall include: Personnel Services To Be Provided Supe~wision: The contractor shall provide a supervisor who shall oversee the Contractors’ implementation of this Contract. Hours of Service The hours stated below may be altered at the discretion of the City’s Contract Coordinator. The eight (8) hour shifts will include a half- 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. The Contractor’s supervisor shall do quality checks at least twice a month and shall be responsive to requests fiom the City’s Contract Coordinator. Spanish Speakin~ Personnel The contractor shall actively seek to hire bilingual (English and Spanish speaking) personnel. Whenever possible, bilingual persormel will be assigned to work in Rinconada Park. Field Services To Be Provided A)Regulation Enforcement: The Contractor shall provide the following regulation enforcement related services: 1)Enforcing the provisions of Title 22 of the Palo Alto Municipal Code (relating to parks) and the adopted "Park Rules and Regulations," specifically those sections dealing with portable barbecues, dogs off-leash, noise, the comrol of alcohol consumption, and the reserved use of picnic tables. This is the main function of this Contract. 2)Providing such enforcement in an educational manner whenever possible, consistent with positive customer service. 3 of 7 4) Provide visible patrol to all areas assigned and to be vigilant for violators. Dealing with minor violations in a safe manner ~vhenever possible, but calling for a City park ranger or police assistance whenever necessary. B) c) D) Reser~ation System: 1)The Contractor rangers will familiarize themselves with the system for reserving individual picnic tables, goup areas, Jordan Middle School athletic fields 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. 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 Park, Rinconada Park, and Jordan Middle School playing fields (t-m-f). Garbage cans should be emptied as frequently as possible so that the bins do not become overfilled and burdensome to empt3~. If the cans are too hea~2¢ for one person to safely lift, the rangers from Mitchell and Rinconada Parks should coordinate their schedules so that they can work together to empty the over-weight cans. The Contractor shall open and close restrooms as directed by the Project Manager. The Contractor’s staff shall check the restrooms on an hom’ly basis and shall clean the facilities to the standards set by the City’s Project Manager. Such cleaning shal! include 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. 4)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. 5)The Contractor shall replace signs and do other maintenance tasks as directed by the City’s Project Manager. 4 of 7 Equipment, Materials And Other Services Provided Bv The Contractor Uniforms and Personal Equipment: Contractor shall ensure that its staff meets the stated uniform standards. The contractor shall ensure that all personnel working in Mitchell Park, Rinconada Park, and Jordan Middle School 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 mad last name, or first initial and last name. 3)Personnel must wear a belt that is suitable for carrying a radio. 4)Personne! must wear leather work shoes or boots during garbage collection activities. 5)Personnel may weal" short pants, in the same color as the regular uniform pants, at their discretion. The inseam must between at least 6 inches. 6)Personnel must wear leather gloves while collecting or emptying garbage. Personnel must wear latex gloves while cleaning restrooms. 7)Uniform pants will be brown. 8)Uniform shixnts will be "Flying Cross," or similar equivalent, and will have a badge tab. The City’s Contract Coordinator must approve significant changes to the uniform standards. Supplies: The Contractor shal! provide its personnel with leather and latex gloves, litter sticks and garbage bags and any other tools necessalT for the collection of loose garbage. Sufficiency of Work All work provided shall be adequate and sufficient to meet the purposes specified by the City’s Contract Coordinator and shall be done to those standards as set by CITY. Equipment to be Provided by City A)Radios: The City shall provide the Contractor with a sepal-ate two-way radio for both Mitchell Park and Rinconada ParldJordan fields. The conditions for the use and maintenance of these radios shall be specified by the City’s Contract Coordinator. 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 5 of 7 c) D) E) dumpsters. Janitorial Supplies: The City shall provide toilet paper, paper towels and sanitary napkin bags to the Contractor. Signs: The City will provide al! necessary signs for Mitchell and Rinconada Parks. Keys: The City shall provide the Contractor with such keys as are necessary to access facilities associated with this Contract. Priorities Within the limits of the hours of service provided and within the general scope of the tasks to be perforlned, CITY shall reserve the sole and exclusive right to adjust Contractor’s routine work performance. Standards All tasks performed by Contractor under this proposal shall be in conforrnance with normal CITY standards. Payment of Services A)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 1 st in accordance with the provisions outlined below. Contractor shall present monthly invoices to the CITY within five (5) working days after the end of each month. c)CITY shall pay all invoices on or before the twenty-fifth (25th) day of the month following each Service Period. Payment Ad,iustments As per the terms of the contract, if the Contractor fails to provide the specific hours required above on any specific day, those hours not provided may either be rescheduled at the CITY’s discretion or deducted from the appropriate service period. Should the CITY request, in x~a’iting (at least 72 hours in advance), additional temporat2¢ hours of service that exceed the standards specified above, Conta’actor agrees to provide these additional horn’s at an overtime hourly rate above the normal payment specified for the particular service period affected. 6 of 7 Should the CITY wish to permanently add additional hours of service to the base established above, the Contractor and the CITY agree to amend the contract and scope of work in writing. The rates of payment shall be adjusted annually on the first day of November (in 2008 and 2009). These rates adjustments shall be based solely on a negotiated and mutually a~eed cost of living increase based on the regional Consumer Price Index. Said increase must be agreed to in writing by November 30 of each year and the term hereof, or this Contract shall terminate. In any event, in accordance with the terms of the contract the Contract shall terminate with 30 days advance notice to Contractor if the City Council does not budget adequate funds for services. Cip,"s Contract Coordinator The Open Space and Parks Division Manager, or his designee, shall be the City’s Contract Coordinator and shall represent the City and render overall supervision of the prowess and execution of this Contract. All services to be performed hereunder by Contractor shall be subject to approval and acceptance by the City’s Contract Coordinator. The City’s Contract Coordinator shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Project Manager. The Palo Alto Senior Park Ranger assigned to the Baylands, or his or her designee, shall supervise the day to day operations of this Contract. Contractor’s Proiect Manager The Contractor’s Project Manager shall represent and provide overall supervision of the prowess and execution of Contractor’s obligations as specified under this Contract and shall work with the CITY’s designated contract coordinator to ensure the successful implementation of this Contract. The Contractor’s Project Manager shall offer general management advice, and be present at both public and staff meetings as requested by the City. The Contractor’s Project manager shall meet in person with the City’s Contract Coordinator by November 10th of each year to discuss possible solutions to park problems encountered during the summer period. 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 for each fiscal year of the term hereo5 the te~a-n of this Contract shall be for a period of thirty-six (36) months commencing November 1, 2007 and ending at midnight, October 31, 2010. 7 of 7 2)This Contract is based on the CITY’s budgeting purposes according to the following segments: Segment A - 11/1/2007 to 10/31/2008 Segment B- 11/1/2008 to 10/31/2009 Segment C - 11/2009 to 10/31/2010 If the City Council does not budget funds to cover the next segment by July 1 of any year, this Contract shall automatically terminate with thirty-days (30) notice to Contractor. 8 of 7 Attachment B SCOPE OF WORK FOR THE CITY OF PALO ALTO REFUSE AREA AND BAYLANDS PARK RANGER CONTRACT November 2007 - October 2010 TABLE OF CONTENTS Ovel-view Background Services To Be Provided By Contractor Under This Contract Special Provisions Personnel Services To Be Provided Field Services To Be Provided Equipment, Materials And Other Services Provided By Contractor Sufficiency Of Work Services Provided By City Equipment Materials And Fixtures Priorities Standm’ds Payment Of Services Payment Adjustments City Contract Coordinator Contractor’s Contract Coordinator Completion Of Services Term Of Contract 1 1 1 2 2 2 5 7 7 7 7 7 8 8 8 8 9 9 9 Ovel~,iew The City of Palo Alto is seeking contract ranger services for patrol and maintenance of pat’ks, open space areas and of the landfill. The area to be covered is approximately 2,000 acres and covers diverse facilities such as the refuse area, the folTner yacht harbor, B?~xbee Park Hills, and Baylands Preserve. Background The City has contracted for ranger services since 1983. These services supplement the work of the City’s regular and seasonal Open Space staff. The contract rangers are required to handle a wide variety of situations in a timely and professional matmer. Examples of the duties include enforcement of park regulations and park related City ordinances; visible uniformed patrol; maintenance; first-responder first aid; and security at the refuse disposal area. Maintenance activities include trash pickup; weed control; and other park-related maintenance. Services to be Provided bv Contractor under this Contract. Duties required for patrol and maintenance of Baylands, B)~xbee Hills Park and associated areas as per attached specifications. A)SUMMER SEASON MONTHLY RATE: (The first Sunday in April to the Saturday before the last Sunday in October) Based on 32 hours of service per week. /MO for 2007-2008. WINTER SEASON MONTHLY RATE: (The last Sunday in October to the Saturday before the first Sunday in April) Based on 3 hours per day, 21 hours of service per week. iMO for 2007-2008. C) HOURLY RATE: For additional temporary hours in excess of standard weekly hours specified above. $/Hour for 2007-2008 Scope of Work - Baylands 2007-2010 Page 1 of 9 Special Provisions The Contract Rangers shall serve in a supportive capacity to Palo Alto Open Space Rangers for patrol and maintenance at the Palo Alto Baylands area and other areas as assigned. The work required by the Contractor shall include: Personnel Services To Be Provided The services and equipment to be provided shall include the following: A)Classification: All personnel working within Baylands shall be designated as either "Ranger" or "Senior Ranger." The contractor shall make every effort to hire bilingual (English and Spanish spealdng) personnel. Hours of service: The contractor shall provide basic levels of service at the Baylands Nature Preserve and Refuse Area as outlined below: The first Sunday in April, to the Satm’day before the last Sunday in October, referred to as the Summer Season the ranger(s) will work a schedule that will vary each year, in reflection of the City of Palo Alto Open Space calendar. This varied schedule will allow the ranger to close the landfill and close the harbor gate at the Baylands at the appropriate time close to sunset. The last Sunday in October to the Saturday before the first Sunday in April, referred to as the Winter Season, the ranger will work 3 hours per day, 21 hours per week. April 4 to April 31 * Coverage will be 4 ½ hours (4:45 - 9:15) May 1 to August 12" Coverage wilt be 5 hours (4:45 - 9:45) August 13 to September 3* Coverage will be 4 ½ hours (4:45 - 9:15) September 4 to September 23" Coverage will be 4 hours (4:45 - 8:45) September 24 to October 14" Coverage will be 4 hours (4:15 - 8:15) October 15 to November 3* Coverage will be 4 hours (3:45 - 7:45) *Dates are approximate and will change slightly in furore years to reflect sunset times. Field Services to be Provided During the hours of service being provided as specified above, the specific tasks performed by the contractor shall include the following: A)Patrol: Contractor shall provide daily patrol surveillance of the Baylands Area using both vehicle and pedestrian methods. Coverage of specific areas within Baylands area shall be adjusted as use and problems dictate. Rangers shal! keep daily logs documenting this activity. Service to the Refuse Area: Contractor will report to the refuse disposal area in time to close and lock the front gate at closing time. (4:45 PM Scope of Work - Baylands _007-~010 Page 2 of 9 daily). Contractor will also assure that all customers have left the landfill after closure. At 6:00 PM, Contract ranger will check that the late operator has safely completed his or her shift, and, at that time or later, that the doors to the Refuse Administration Building, Tollbooth and Technician’s office are locked and secure. Contract ranger will maintain presence at the landfill until operator is done working. c)Regulation Enforcement: Safety of the rangers is the primary concern. Where appropriate, Contract rangers shall issue verbal warnings for the following Palo Alto Municipal Code violations: dogs off leash, littering, and collection of flora and fauna. Unless there is a genuine concern for the ranger’s safety, all visitors with um’estrained dogs will be verbally warned. Contract rangers shall use an educational approach in every possible instance and will always be polite to violators. D)First-Responder First Aid: Provide emergency first aid to visitors upon request and promptly notify Palo Alto Communications -when necessary. Contract Ranger shall inform the CITY of any first aid performed and will include the 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 sha!l 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. E)Fire Suppression/Response: Conta’act Ranger shall report any fire to Palo Alto communications. 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 Contract Ranger may use a fire extinguisher, on small non-structural 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. F)Public Contact: Contract Rangers shall maintain a current knowledge of Baylands features, activities (including programs provided by the CITY) and applicable CITY ordinances and regulations. Contract Rangers shall provide information assistance to visitors on request and distribute any Baylands-retated information CITY might wish to provide. Contractor’s staff shall at all times relate to the public in a courteous and professional manner. Scope of Work - Baylands 2007-2010 Page 3 of 9 Roads and Trails Maintenance: Contract Ranger shall help keep all roadways, parking lots and trails open and clear of major debris (i.e., trash, logs, rocks, etc.). H)Signs Maintenance: Routinely, and as needed, Contract Rangers shall clean signs, especially at the Refuse _Area entry. i)Litter Collection: Contractor shall provide general litter pickup 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 co!lection. J)Maintenance and Repair of Miscellaneous Fixtures: Contractors shall perform routine minor repairs to various fixtures including, but not limited to fencing, gates, and benches. If a facili~ or amenity is unsafe, and the ranger is unable to restore to a safe and functional condition, the ranger will cone off the area or use caution tape to ensure that no one is injured using the facility or amenity. K)Reporting of Maintenance Problems: Contractor shall report promptly to the CITY’s Senior Park Ranger any needed maintenance repairs that either exceed Contractor’s capabilities or are beyond the scope of tasks described in this proposal. Reports shal! be in the mamaer directed by the City’s Senior Park Ranger. Reports of problems at the Refuse Area will be directed to the Supervisor of the Refuse area. L)Update posted park closure signs: Contractor shall change posted park closure signs (2 clock face and 1 b!ock type) at the end of shift on the day prior to the scheduled change. City will provide hex ~a’ench and block inserts as needed. Equipment, Materials And Other Services Provided Bv The Contractor Contractor shall provide, maintain and operate the following: A)Truck: Contractor shall provide one (1) compact pick up truck for use by its own persomael. The truck will be equipped with a yellow light bar, a 50 gallon pmnp unit, a flashlight, ABC chemical fire extinguisher and first aid kit. The CITY will provide the Contractor with a list of the required contents of the first aid kit. Scope of Work - Baylands 2007-2010 Page 4 of 9 The truck shall be a maximum of six years old with a maximum of 200,000 miles on the odometer and kept clean and in good operating condition. All required equipment will be kept in operating condition. The Contractor shall provide its employees with daily checklists and supervise the employees to ensure that the truck and required equipment is checked before each Baylands shift. The CITY reserves the right to inspect the vehicle at reasonable intervals to ensure compliance and to require that appropriate repairs be made to defective equipment within five (5) working days. The truck will be marked in a manner consistent with CITY policy as identified by the CITY’s Contract Coordinator. B)Uniforms and Personal Equipment: Contractor shall ensure that its staff meets the stated uniform standards. Such uniforms shall be in accordance with CITY standards as identified by Contract Coordinator. Contractors shall present a neat and clean appearance at all times. The following standards shall apply to the uniform: 1)Personnel must wear a badge indicating the name of the Contractors’ company. 2)Personnel must wear a nametag 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" to 6". 6)Personnel must can’y leather gloves and wear them while involved with garbage collection, or wear latex gloves for restroom cleaning. 7) Uniform pants will be brown. 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 Contract Coordinator. Scope of Work - Baylands 200%2010 Page 5 of 9 c)Tools: Contractor shall provide a basic complement of non-specialized, tools for use by its staff in the performance of their duties. Such tools shall include such items such as hamrners, screwdrivers, wrenches, shovels, garbage bags, litter sticks, 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 will 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 Contract Coordinator. The contractor will immediately report any problems with the radios, or their use, to the CITY’s Contract Coordinator or his designee. The Contractor is responsible for monitoring its staff use of the CITY radio. Contractor must follow- 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 the CITY with rangers who have current certification in adult, child and infant cardio-pulmonary resuscitation (CPR) tectmiques as taught by the American Red Cross or the American Heart Association. Contractor shall provide CITY with rangers who have cun’ent 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 Contract Coordinator. Contractor shall train its ox~ 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, consisting of public contact skills, customer service philosophy, conflict resolution, and review- of City park rules and regulations. This will be done at the contractor’s expense. Scope of Work - Baylands 2007-2010 Page 6 of 9 Sufficiency of Work All work provided shall be adequate and sufficient to meet the purposes specified by CITY’s Contract Coordinator and shall be done to those standards as set by CITY. Services Provided bv CITY Services and equipment to be provided by CITY shall include the following: Equipment - CITY shall provide the following equipment: A) Tools: CITY shall provide any specialized hand or power tools needed by Contractor to perform its assigned tasks. B)Machinel3’: CITY shall provide machinery (i.e. mowers, trimmers, etc.) required by Contractor to perform assigned tasks. Materials and Fixtures - CITY shall provide the following: C) Materials: CITY shall provide ali materials needed by Contractor to perform the tasks specified above, exchtding gasoline, oil, and all other expenses related to the operation and maintenance of the vehicle specified above. CITY provided materials shall include all lumber, toilet paper, signs and other similar items required for the operations of Baylands, unless otherwise specified herein. D)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 required to maintain the Baylands. E)Access To The Landfill For Waste Disposal: CITY shall provide for access to City of Palo Alto Sanitary Landfill for disposal of all garbage, litter and debris collected within Baylands and other areas as assigned. F)Training: CITY shall provide all specialized training, required by the CITY, of Contractor’s staff specifically for the operation of Baylands. CITY may, at the discretion of the Contract Coordinator, train Contractors supe~wisors. Contractors supervisors shall then be responsible for training Contractor’s line staff. Priorities Within the limits of the hours of service provided and within the general scope of the tasks to be perfomaed, CITY shall reserve the sole and exclusive right to adjust Contractor’s routine work performance. Scope of work - B~yl~,~a~ 2007-,_010 Page 7 of 9 Standards All tasks performed by Contractor under this proposal shall be in conformance with normal CITY standards. Payment of Se~wices a)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 November 1st in accordance with the provisions outlined below. Contractor shall present monthly invoices to the CITY within five (5) working days after the end of each month. c)CITY shall pay all invoices on or before the twenty-fifth (25th) day of the month following each Service Period. Payment Adiustments As per the terms of the contract, should Contractor fail to provide the specific hours required above 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, in writing (at least 72 hours in advance), additional temporary hours of service that exceed the standards specified above, Contractor agrees to provide these additional hours at an hourly rate above the normal payment specified for the particulm" service period affected. Should CITY wish to permanently add additional hours of service to the base established above, Contractor and CITY agree to amend the contract and scope of work in v~a’iting. The rates of payment shall be adjusted annually on the first day of November (in 2008 and 2009). These rates adjustments shall be based solely on a negotiated and mutually a_greed to cost of living increase based on the regional Consumer Price Index. Said increase must be agreed in writing by November 30 of each year and the term hereof., or this Contract shall terminate. In any event, in accordance with the terms of the contract (Section 15.11) the Contract shall terminate with 30 days advance notice to Contractor if the City Council does not budget adequate funds for services. City Contract Coordinator The Superintendent of Open Space of the CITY, or his or her designee, shall be the CITY Contract Coordinator and shall represent the CITY and render overall supervision of the pro~ess and execution of this Contract. Al! services to be performed hereunder by Contractor shall be subject to approval and acceptance by the CITY Contract Scope of Work - Baylands 2007-2010 Page 8 of 9 Coordinator. CITY Contract Coordinator shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Contract Coordinator. The Palo Alto Senior Park Ranger, or his designee, assigned to the Baylands shall supervise the day to day operations of this Contract. Contractor’s Contract Coordinator The Contractor’s Contract Coordinator shall represent and provide overall supervision of the progress and execution of Contractor’s obligations as specified under this Contract and shall work with the CITY’s Contract Coordinator to ensure the successful implementation of this Contract. The Contractor’s Contract Coordinator shall offer general management advice, mad be present at both public and staff meetings as requested. A supervisor titled "Senior Ranger," shall be assigned by the Contractor to work with the CITY’s Ranger to implement the day to day operations of this contract. Completion of Serwices 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: A)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 November 1, 2007 and ending at midnight, October 31, 2008. B)This Contract is based on the CITY’s budgeting purposes according to the following segments: Segment A- 11/1/2007 to 10/31/2008 Segment B - 11/1/2008 to 10/31/2009 Segment C - 11/2009 to 10/31/20!0 c)If the City Council does not budget funds to cover the next segment by July 1 of any year, this Contract shall automatically terminate with thirty- days (30) notice to Contractor. Scope of Work - Baylands 2007-2010 Page 9 of 9 CITY OF PALO ALTO CONTtL&CT NO. C08122244 AGREEN~NT BETWEEN THE CITY OF PALO ALTO AND CALIFORNIA LAND MANAGEMENT, FOR PROFESSIONAL SERVICES RANGER PATROL AND PARK MAINTENANCE SERVICES This AGREEMENT is entered into November 1, 2007, by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and CALLFOR_N2A LAND MANAGEMENT, a California Corporation, located at 675 Gilman Street,- Palo Alto, CA 94301-2528 (PH) 650-322-1181 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to patrol and maintain its Urban Parks, Refuse Area, Baylands Nature Preserve, Byxbee and Downtown Parks ("Project") and desires to engage a consultant to provide both Rar~ger Patrol Services and Park Maintenance Services, in connection with the Project ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A" and "A-I", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" and "A-I" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERaM. The term of this A~eement shall be from the date of its full execution through October 31, 2010, unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFOtLMANCE. Time is of the essence in the performance of Services under this Ageement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COM-PENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A" and "A-I", includLng both payment for professional services and reimbursable expenses, shall not exceed one hundred and twenty, two thousand four hundred twenty two dollars ($.122,422.00) for Year !. The applicable rates and schedule of payment are set out in Exhibit "C" and Exhibit "C-I", entitled "COMPENSATION," which is attached to and made a part of this Agreement. The rates of payment shall be adjusted annually on the first day of November (in 2008 and 2009). These rates adjustments shall be based solely on a negotiated and mutually a_o-reed to cost of living increase based on the regional Consumer Price Index. Said increase must be ageed in writing by June 30 of each year and the term hereof, or this Contract shall terminate. In any event, in accordance with the terms of the contract (Section 15.11) the Contract shall terminate with 30 days advance notice to Contractor if the City Council does not budget adequate funds for services. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A" and "A-I". SECTION 5. INWOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit "C"). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 12 below. The City wil! generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSU-LTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTAaNT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar -knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, re=m.~lations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 2 SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submitta! exceeds ten percent (10%) of the CITY’s stated construction budget, CONSU-LTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INI)EPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and!or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSU-LTANT are material considerations for this Agreement. CONSULTANT sha!l not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city, manager. Consent to one assig~ent w411 not be deemed to be consent to any subsequent assignment. Any assig~-nent made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION13. PROJECT.MANAGEMENT. CONSULTANT will assign Eric Mart, President, as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and Mike Escobar, Operations manager, as the project coordinator to represent CONSULTANT during the day-to-day ~vork on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assigmr~ent of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTA_NT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable mariner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is Greg Betts, Co_~unity Services Department, Open Space and Parks Division, Palo Alto, CA 94303, Telephone: 650-463-4906. The project manager will be CONSULTANT’s point of contact with respect to performance, pro~ess and execution of the Services. The CITY may- designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF .MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this A~eement shall be and remain the exclusive property" of CITY without restriction or limitation upon their use. CONSULTANT a~ees that all copyrights which arise from creation of the work pursuant to this A~eement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property., rights in favor of the CITY. Neither CONSULT_~NT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this A~eement and for three (3) years thereafter, CONSU-LTANT’s records pertaining to matters covered by this A~eement. CONSULTANT further a~ees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this A~eement. SECTION 16. IN-I)E.,~ITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party-") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any- manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party, from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this A~eement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this A~eement, or of the provisions of any ordinance or law’, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any- subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law-. SECTION 18. 15NSUI~A~NCE. 18.1. CONSULTANT, at its sole cost and expense, shal! obtain and maintain, in ful! force and effect during the term of this Agreement, the insurance coverage described in ExNbit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITYas an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Ratin~ Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior v~itten notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEM-ENT OR SERVICES. 19.1. The city manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior w~tten notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT wi!l immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shal! deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Ageement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope ofse~-ices on or before the effective date (i.e., 10 days after giving notice) of suspension or ten-nination; provided, however, if this A~eement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of hi!!her discretion 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of an?" of its rights under this A~eement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City- Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager. To CONSULTANT: Attention of the project director at the address of CONSU-LTANT recited above SECTION 21. CON-FLICT OF INTEREST. 21.1. In accepting this A~eement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or othervvise, which would conflict in any manner or de~ee with the performance of the Se~dces. 21.2. CONSULTANT further covenants that, in the performance of this A~eement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have an? financial interest under this A~eement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 23. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Ageement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability,-, national origin, ancestry-, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Pa!o Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet al! requirements of Section 2.30.5 !0 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E." SECTION 24. MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2. In the event that an action is brought, the parties agree that trim of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 24.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party sha!l be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 24.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a v~a’itten instrument, which is signed by the parties. 24.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 24.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this A~eement and any amendments thereto will remain in full force and effect. 24.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this A~eement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this A~eement and will be deemed to be a part of this Agreement. 24.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and fimds for this Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this A~eement. 24.9. The individuals executing this Agreement represent and warrant that they have the legM capacity and authority to do so on behalf of their respective legal entities. IN" ~,qTN~SS WHEREOF, the parties hereto have by their duly authorized representatives executed this A~eement on the date first above written. AI’}’ROV.ED AS TO FORM: Senior As,st, City Attorney ¯ APPROVEI): ~ALK:OIKNIA.]. ,ND MANAq}E.M~h~i’]" Name: "ff~P-.ac i ~"r Dir~:ctor Al~aC|~ncnt,~: }",XI IIBIT "A", ’~Aol": I:.XI YIt~l’l" F.XIItBIT l[XI ItBIT EXIIII~{T "E"; SCOPE 01: WORK. SCf IEDU I.E O1:; PERFORMANCE COMPENSATION INSUI’L, XNCE REQUt~MENTS CE!<’I’tFICATION OF-NOND!SC~ vI’~A’fION A~achment A EXHIBIT A SCOPE OF WORK FOR THE CITY OF PALO ALTO REFUSE AREA AND BAYLANDS PARK RANGER CONTRACT NOVEMBER 2007 -OCTOBER 2010 TABLE OF CONTENTS Overview Background Services To Be Provided By Contractor Under This Contract Special Provisions Personne! Services To Be Provided Field Services To Be Provided Equipment, Materials And Other Services Provided By Contractor Sufficiency Of Work Services Provided By City Equipment Materials And Fixtures Priorities Standards Payment Of Services Payment Adjustments City Contract Coordinator Contractor’s Contract Coordinator Completion Of Services Term Of Contract 1 1 2 2 2 5 7 7 7 7 7 8 8 8 8 9 9 9 Overview The City of Palo Alto is seeking contract ranger services for patrol and maintenance of parks, open soace areas and of the landfill. The area to be covered is approximately 2,000 acres and covers diverse facilities such as the refuse area, the former yacht harbor, Byxbee Park Hills, and Baylands Preserve. Background The City has contracted for ranger services since 1983. These s~v=~e_ suoo!ement the work of the City’s regular and seasonal Open Space staff. ne contract rangers are required to handle a wide variety situations in a timely and professiona! manner. Examples of duties include enforcement of ~ ~p=rK regulations and Dark related City ordinances; visible uniformed patro!; maintenance; first- responder first aid; and security at the refuse disposa! area. Maintenance activities include trash pickup; weed contro!; and other park-related maintenance. Services to be Provided by Contractor under this Contract. Duties required_ for _Da~rol~- _ and maintenance of Baylands, Bvxbee~ Hills Park and assoc_a~ec areas as per attached specifications. A)SUMMER SEASON MONTHLY RATE: (The first Sunday in April to the Saturday before the last Sunday in October) Based on 32 hours of service per week. $9,000.00/H0 for FY 2007-2008. WINTER SEASON MONTHLY RATE: (The last Sunday in October to the Saturday before the firstSu~_cay-n~ in Aori~)~ : Based on 3 hours per day, 21 hours of service per week. $6,000.00/M0 for FY 2007-2008. C)HOI!RLY PATE: ~’~= ~ ~mpo~=~y hours i~ excess of standardFor ad~!~±ona~ ~=,~-.. weekly hours specified above. Supervising Ranger: $40.00/Hour for FY 2007-2008(Reguiar) Senior Ranger: $23.50/Hour for FY 2007-2008(Regu!ar) $35.25!Hour for FY 2007-2008(Overtime) Ranger:$20.00/Hour for FY 2007-2008(Regu!ar) $30.00/Hour for FY 2007-2008(Overtime) !0 Special Provisions The Contract Rangers shall serve in a supportive capacity to Palo Alto Open Space Rangers for patrol and maintenance at the Pa!o Alto Bayiands area and other areas as assigned.The work required by the Contractor shall include: Personnel Services To Be Provided The services and equipment to be provided shall include the following: A) B) Classification: Al! personnel working within Bay!ands shall be designated as either "Ranger" or "Senior Ranger." The contractor shall make every effort to hire bilingual (English and Spanish speaking) personnel. Hours of service: The contractor shall provide basic levels of service at the Baylands Nature Preserve and Refuse Area as outlined below: The first Sunday in April, to the Saturday before the last Sunday in October, referred to as the Summer Season the ranger(s) wil! work a schedule that will vary each year, in reflection of the City of Pa!o Alto Open Space calendar. This varied schedule wil! allow the ranger to c!ose the landfill and c!ose the harbor gate at the Bay!ands at the appropriate time c!ose to sunset. The last Sunday in October to the Saturday before the first Sunday in April, referred to as the Winter Season, the ranger will work 3 hours per day, 21 hours per week. October 15 to November 3* Coverage wil! be 4 hours (3:45 - 7:45) Apri! 4 to Apri! 31" Coverage wil! be 4 ~ hours (4:45 - 9:15) May 1 to August 12" Coverage will be 5 hours (4:45 - 9:45) August 13 to September 3* Coverage wil! be 4 ~ hours (4:45 - 9:15) September 4 to September 23* Coverage wil! be 4 hours (4:45 - 8:45) September 24 to October 14" Coverage wil! be 4 hours (4:15 - 8:15) *Dates are approximate and will change slightly in future years to reflect sunset times. Field Services to be Provided During the hours of service being provided as specified above, the specific tasks performed by the contractor shal! include the fol!owing: A)Patrol: Contractor shall provide daily patrol surveillance of the Baylands Area using both vehicle and pedestrian methods. Coverage of specific areas within Baylands area shall be adjusted as use and problems ii dictate. Ranmers~ shall keeD~ daily logs ~a~m=~~L.~_~ this activity. B)Service to the Refuse Amea: Contractor w-~___~, ] r~/o~ .... ~o’ the.. refuse disposal area in time to close and lock the front gate at closing time. (4:45 PM daily). Contractor w{ ] ] ~h~ a]~ customers have left the landfillalso assure ~_=u _~ az~er closure At 6:00 PM, Contract ranger will c_~.ec~ that the late operator has safely comp±eu~@ his or her shift, and, at that time or later, that the doors to the Refuse A~N_nAs ~rau!on Building, Tollbooth and Technician’s office are locked and secure. Contract ranger will maintain presence at the landfill until operator is done working. c)Regulation Enforcement: Safety of the rangers is the primary concern. Where appropriate, Contract rangers shal! issue verbal warnings for the following Pa!o Alto Municipal Code violations: dogs off leash, littering, and collection of flora and fauna. Unless there is a genuine concern for the ranger’s safety, all visitors with unrestrained dogs wil! be verbally warned. Contract rangers shall use an educational approach in every_possible- instance and will always be :Do~te=_ to violators. D)First-Responder First Aid: Provide emergency first aid to visitors upon remuest and promptly notify Pa!o Alto Com:munications --when necessary. Contract Ranger shall inform the CITY of any first aid performed and will include the following information: the patient’s ful! name, address, phone nu~er (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 hospita!, 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 wil! be adequate if they include al! of the above information. E)Fire Suppression/Response: Contract Ranger shall report any fire to Palo Alto communications. The ranger shall respond to the area safely and within the posted speed limit, following a!! traffic laws. The ranger shal! attempt to secure the scene to prevent further damage or injury. The Contract Ranger may use a fire extinguisher, on small __on-s~ruc~u:a! =’ _~ires, only when such use will not place 12 G H) !) J) K) the ....g~_any o~ner person ~ potent’ ~_la± jeopardy. The rangers will cooperate with, and obey the com~.ands 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 ordinances and regulations. Contract Rangers shall provide information assistance to visitors on _equesu and distribute anv B=v!ands-re!auea information C!TY might wish to provide. Contractor’s staff shal! at all times relate to the public in a courteous and professiona! manner. Roads and Trails Maintenance: Contract Ranger shall help keep all roadways, parking lots and trails open and clear of major debris (~ e , trash, lots, rocks, etc ) Signs Maintenance: Rouu=nely, and as needea, Contract Rangers shall clean signs, especially at the Refuse Area entry. Litter Collection: Contractor shall provide general litter pickup within Baylands on a daily basis. A!l 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, if a facility or amenity is unsafe, and the ranger is unable to restore to a safe and functional condition, the ranger will cone off the area or use caution tape to ensure that no one is injured using the facility or amenity. Reporting of Maintenance Problems: Contractor shall report promptly to the CITY’s Senior Park Ranger 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 City’s Senior Park Ranger. Reports of problems at the Refuse Area will be directed to the Supervisor of the Refuse area. 13 Update posted park closure signs: Contractor shall change posted park closure signs (2 clock face and ! block t~e) at the end of shift on the day prior to the scheduled change. City will provide hex wrench and block inserts as needed. Equipment, Materials And Other Services Provided~B~ The Contractor --~ ~O~!O~!~g.Contractor shall provide, maintain and operate th= ~ ~ ~-{~ ¯ A)Truck: Contractor shall provide one (!) compact pick up truck for use by its own personnel. The truck wil! be equipped with a yellow light bar, a 50 gallon pump unit, a flashlight, ABC chemical fire extinguisher and first aid kit. The CITY wil!.provide the Contractor with a list of the required contents of the first aid kit. The truck shal! be a maximum of six years old with a maximum of 200,000 miles on the odometer and kept clean and in good operating condition. Al! required equipment will be kept in operating condition. The Contractor shall provide its emp!oyees with daily checklists and supervise the emp!oyees to ensure that the truck and required equipment is checked before each Bay!ands shift. The CITY reserves the right to inspect the vehicle at reasonable intervals to ensure compliance and to require that appropriate repairs be made to defective equipment within five (5) working days. The truck wil! be marked in a manner consistent with CITY policy as identified by the CITY’s Contract Coordinator. B)Uniforms and Personal Equipment: Contractor shall ensure that its staff meets the stated uniform standards. Such uniforms shai] be in accoraa__ce with CiTY standards as _,denu_, ,_~_ed by Contract Coordinator. Contractors sha±! present a neat and clean appearance at al! times. The following sra:.aarcs shall apply to the uniform: i) 2) Personnel must wear a badge indicating the name of the Contractors’ company. Personnel must wear a nametag that states ~.e person’s {irst and last name, or first initia!..... last name. 3)~ersonne± musu ~== a belt that is su~tab!e 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" to 6" Personnel must carry leather gloves and wear them while involved with garbage collection, or wear latex g!oves for restroom cleaning. 7 Uniform pants will be brown. Uniform shirts wil! be "Flying Cross," or similar brand and wil! have a badge tab. Significant changes to the uniform standards must be approved by the Contract Coordinator. C Tools: Contractor shall provide a basic complement of non-specialized, tools for use -by its staff in the performance of their duties. Such tools shal! include such items such as hammers, screwdrivers, wrenches, shovels, garbage bags, litter sticks, and similar equipment. D 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 com~.unication purposes. The radios wil! remain the property of the CiTY and wil! be i~mediately 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 Contract Coordinator. The contractor will iK~mediately report any problems with the radios, or their use,to the CITY’s Contract Coordinator or his designee. The Contractor is responsible for monitoring its staff use of the CITY radio. Contractor must fol!ow the radio procedures specified by the CITY. E Training: Contractor shall provide all necessary training for its own staff and wil! be responsible for ensuring that its staff maintains current certification. Contractor wil! provide the CITY with rangers who have current certification in adult, child and infant cardio- pulmonary ~’~ ~’_._esusc!~a~lon (CPR) techniques as taught by the 15 P:merican Red Cross or the ~:merican 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 Contract Coordinator. Contractor shall train its own staff maintenance and security R~:oce@u_~s~r= . in general The CITY may require Contract Rangers to attend an annual training session, to !ast not longer than eight (8) hours D~_ stazr member, consisting of public contact skilTs, customer ~ervice ~hi]osophy, conflict resolution, and review of City park rules and regulations. This wiT~ be done at ~_e contractor’s expense. Sufficiency of Work All work provided shall be adequate and sufficient to meet the _~urDoses_ specified_ ___ by CITY’s Contract Coordinator and shall be ~o~e~ ~ to those standards as set by CITY. Services Provided by CITY Services and equipment to be provided by CiTY shall include the following: Equipment - CITY shall provide the following equipment: A) Tools: CITY shall provide any specialized hand or power tools needed by Contractor to perform its assigned tasks. B)Machinery: CiTY shall provide machinery (i.e. mowers, trimmers, etc.)required by Contractor to perform assigned tasks. Materials and Fixtures - CITY shall provide the following: C) Materials: CITY shall provide al! materials needed by Contractor to perform the tasks specified above, excluding gasoline, oil, and all other expenses related to the operation and maintenance of the vehicle specified above. CITY provided materials shall include all lmmber, toilet paper, signs and other similar items required for the operations of Baylands, unless otherwise specified herein. D)Fixtures: CITY shall provide, both initially and on a replacement basis, all f£ ~ --,~xuu~=s such as, but not limited 16 E) to garbage cans,m ~=~e~.~s , recuired to maintain the Bay!ands. gates and signs Access To The Landfill For Waste Disposal: CiTY shall provide for access to City of Paio A!to Sanitary Landfill for disposa! of a]]__ garbage, _litter ~na- ’ debris collected within l ~~ =-~.Bay_anas and o~h~ areas as assigned ?)Training: CITY shall provide all specialized training, required by the CITY, of Contractor’s staff specifically for the operation of Baylands. CITY may, at the discretion of the Contract Coordinator, train Contractors supervisors. Contractors supervisors shal! then be responsible for training Contractor’s line staff. Priorities Within the limits of the hours of service provided and within the general scope of the tasks to be performed, CITY shal! reserve the sole and exclusive right to adjust Contractor’s routine work performance. Standards All tasks performed by Contractor under this proposal shall be in conformance with norma! CITY~uaneares~ ~ ~ . Palrment of Services A) Contractor shall present monthly invoices to the CiTY within five (5) working days after the end of each month. B) CITY shall pay all invoices within days of receipt. Pa!rment Adjustments As per the terms of the contract, should Contractor fail to provide the specific hours required above on any specific day, those hours not provided may either be reschedu!ed at CITY’s discretion or deducted from the appropriate service period. Should the CITY request, in writing (at least 72 hours in advance), additional temporary hours of service that exceed the standards specified above, Contractor agrees to provide these additiona! hours at an hourly rate above the norma! pa2~gnt specified for the particular service period affected. Should CITY wish to permanently add additional hours of service to the base established above, Contractor and CITY agree to amend the contract and scope of work in writing. 17 The rates of pa~ent shall be adjusted annua!ly on the first day of November (in 2008 and 2009). These rates adjustments shall be based solely on a negotiated and mutually agreed to cost of living increase based on the regiona! Consumer mr~ce index. Said increase must be agreed in writing by June 30 of each year and the term hereof, or this Contract shall terminate, in any event, in accordance with the terms of the contract (Section 15.11) the Contract shal! terminate with 30 days advance notice to Contractor if the City Counci! does not budget adequate funds for services. City Contract Coordinator The Superintendent of Open Space of the CITY, or his/her designee, shal! be the CITY Contract Coordinator and shal! represent the CITY and render overall supervision of ~_~e progress and execution of this Contract. Al! services to be performed hereunder by Contractor shal! be subject to approva! and=ccepLan~e by the CiTY Contract Coordinator CITY Contract ~’ ~ ~ ._ _ _¯ _ Coor@!na~o: shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Contract Coordinator. The Palo Alto Senior Park Ranger, or his/her designee, assigned to the Baylands shal! supervise the day to day operations of this Contract. Contractor’s Contract Coordinator The Contractor’s Contract Coordinator shall represent and provide overall supervision of the progress and execution o{ Contractor’s om!_ga~!ons as specified under this Contract and shal! work with the CITY’s Contract Coordinator to ensure the successful implementation of this Contract. The Contractor’s Contract Coordinator shall =~ ~o~e: general management advice,=n@- ~ be present at both public and staff meetings as requested. A supervisor titled "Senior Ranger," shal! be assigned by the Contractor to work with the CITY’s Ra~_g~: to imDiement the day to day operations of this contract. Completion of Services Contractor shall be responsible, at its own exmens= for the selection and ~ -~nt~ ~ remp:oymen~ of such staff as wil! enable Co~_ :ac~o_ to perform its services diligently and skillfully in order to complete the tasks under this proposa! without delay. Term of Contract: A) Subject to continued City Council approval of funding, for this contract on each fisca! year of the term hereof, the ~ r ~ ~ _ __ue_m of this Conu:acL shall be for a period of thirty-six (36) 18 months com~encing Novem]ser 4, 2007 and -~nd~nm at midnight, October 31 2010 B) This Contract is based on the CITY’s budgeting purposes according to the following segments: Segment A - 11/1/2007 to 10/31/2008 Segment B - 11/1/2008 to 10/31/2009 Segment C - 11/1/2009 to 10/31/2010 C) !f the City Counci! does not budget funds to cover the next segment by July ! of any year, this Contract shal! au~omatica!!y~_terminate with thirty-days (30) no~c~ = to Co~:__acLo_ 19 EXHIBIT A-1 SCOPE OF WORK FOR THE CITY OF PALO ALTO URBAN PARKS’ PATROL PARK "RANGER" CONTRACT NOVE)~ER 2007 - OCTOBER 2010 TABLE OF CONTENTS Overview Background Services To Be Provided By Contractor Under This Contract Special Provisions Personnel Services To Be Provided Field Services To Be Provided Equipment, Materials And Other Services Provided By Contractor Sufficiency Of Work Equipment To Be Provided By The City Priorities Standards Payment Of Ser~,ices Payment Adjustments City- Project Manager Contractor’s Project Manager Completion Of Services 1 1 2 3 3 3 5 5 5 6 6 6 6 7 7 7 2O Ovel~ew The goal of this Scope of Work is to specify the service to be provided by the contract park rangert in the Ci~ ofPalo Alto’s Urban Parks Patrol program. Background By providing the services listed below the following shall be achieved: 1)Portable barbecues are not allowed in Mitchell and Rinconada 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 visitors to Mitchell Park, Rinconada Park (including along the adjoining Hopkins Avenue), and Jordan Middle School Fields. 3) 4) Dogs shall be kept leashed and under the control of their attendants at all times within Mitchell Park, Rinconada Park, and Jordan Middle School Fields when patrolled by the Contractors. Garbage cans shall be regularly emptied and loose garbage shall be picked up by the Contractor from Mitchell Park, Rinconada Park grounds (and the adjacent Hopkins Avenue between Newell and Harriet Street), and Jordan Middle School Fields. 5)The Contractor shall regularly clean and restock Mitchell and Rinconada restrooms. 6)Park restrooms (Mitchell (two restrooms) and Hoover) w-ill be unlocked at the beginning of each day worked, as directed. 7)All private vehicles, except City- emergency or maintenance vehicles, will be prohibited from entering or remaining in the parks. 8)The reservation of picnic tables will be enforced in Mitchell and Rinconada Parks by the Contractor. 9)Adopted "Park Rules & Regulations" will be enforced by the Contractor at Mitche!l Park, Rinconada Park, and Jordan Middle School fields to ensurethe safety of park and field visitors, the proper use of the park and fields for the protection of park resources and the well-being of the adjoining neighborhood. 10)Patrol staff shall be vigilant in enforcing alcohol consumption rules in Mitchell and Rinconada Parks. 11)The permitted use of athletic fields and related park rules will be enforced at Jordan Middle School. Services to be Provided by Contractor under this Contract Hourly Rates shall be: ? The term "park ranger" has traditionally been used to describe the person performing park patrol services. This term is synonymous with security agent, safety officer, or park attendant. 21 Supe~4sing Ranger: Senior Ra.~ Ranger: $40.00iHour for FY 2007-2008 (Regular) $23.50/Hour for FY 200%2008 (Regular) $35.25!Hour for FY 2007-2008 (Overtime) $20.00iHour for FY 2007-2008 (Regular) $30.00/Hour for FY 2007-2008 (Overtime) In those instances where the City" requests additiona! hours without sufficient prior notice to allow the Contractor to schedule employees at their regular rate (at least 72 hours), the hourly rate shall be at the overtime rate. This overtime rate shall only be applied with the prior approval of the Cit)r. The Contractor shall provide the following staffing levels: SUb~IER ( 5’Iz4~Y 1 THROUGH OCTOBER 31) Saturdays and Sundays Rinconada Park & Jordan Middle School: One (1) ranger to work eight (8) hours from 8:00 a.m. until 5:00 p.m. Mitchel! Park: One (1) ranger to work four (4) hours from 8:00 a.m. unti! 12:00 p.m. Holidays The Following holidays will.be staffed: Memorial Day Independence Day (JuIy 4) Labor Day Rinconada Park & Jordan Middle Schooh One (1) ranger to work eight (8) hours from 8:00 a.m. until 4:30 or 5:00 p.m. (depending on len~h of lunch break). One (1) ranger to an ei~t (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 8:00 a.m. until 4:30 or 5:00 p.m. (depending on length of lunch break). One (1) ran_get to an eight (8) hour "Close," shift which is from, 12:30 p.m. until 9:00 p.m. 22 WINTER (NOVEMBER 1 THROUGH APRIL 31) One ranger to patrol four (4) hours from 12:00 p.m. to 4:00 p.m. Rinconada Park and Jordan Middle School fields on Sundays and Thanksgiving Day and Christmas Day. The primav functions of this patrol by the Contractor is essentially the same as during the summer. Enforcement will be done on an as-needed basis. All park trash cans should be emptied by the end of the ranger’s shift on Sunday. Special Provisions The Contract Rangers shall se~’e in a supportive capacity" to the City of Palo Alto Community Services Department for patrol and maintenance at Mitchell Park, Rinconada Park, and Jordan Middle School fields and other areas as assigned. The work required by the Contractor shall include: Personnel Services To Be Provided Supervision: The contractor shall provide a supervisor who shall oversee the Contractors’ implementation of this Contract. Hours of Service The hours stated below maybe altered at the discretion of the City’s Contract Coordinator. The eight (8) hour shifts will include a half- 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 l 5 minute break. The Contractor’s supervisor shall do qualitY checks at least twice a month and shall be responsive to requests from the City’s Contract Coordinator. Spanish Speakino~ Personnel The contractor shall actively seek to hire bilingzml (English and Spanish speaking) personnel. Whenever possible, bilingnaal personnel will be assig-ned to work in Rinconada Park. Field Services To Be Provided A)Regulation Enforcement: The Contractor shall provide the following regulation enforcement related services: 1)Enforcing the provisions of Title 22 of the Palo Alto Municipal Code (relating to parks) and the adopted °’Park Rules and Regulations," specifically those sections dealing with portable barbecues, dogs off-leash, noise, the control of alcohol consumption, and the reserved use of picnic tables. This is the main function of this Contract. 2)Providing such enforcement in an educational manner whenever possible, consistent with positive customer service. 3)Provide visible patro! to all areas assigned and to be vigilant for violators. 23 4)Dealing with minor violations in a safe malnmer whenever possible, but calling for a City park ranger or police assistance whenever necessat.w. B) Reservation System: 1)The Contractor rangers will familiarize themselves with the system for reserving individual picnic tables, N’oup areas, Jordan Middle School athletic fields and other park facilities. 2)The contractor shall assist in the implementation and enforcement of the City’s reservation system as directed by the Project Manager. Radio Use: Contractors’ personnel will at all times carry the provided radio and will fo!Iow the procedures dictated by the City. D)Maintenance and Cleaning: 1)The Contractor shall empty- garbage cans and collect litter as directed by the City’s Project Manager at Mitchell Park, Rinconada Park, and Jordan Middle School playing fields (turf). Garbage cans should be emptied as frequently as possible so that the bins do not become overfilled and burdensome to empty. If the cans are too hea-v~ for one person to safely lift, the rangers from Mitchell and Rinconada Parks should coordinate their schedules so that they can work together to empty the over-weight cans. 2)The Contractor shall open and close restrooms as directed by the Project Manager. The Contractor’s staffshall 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 removal of paper and other debris from the floors, the wiping dov~¢l of sinks and other equipment and the restocking of toilet paper, sanitary nap ~kin 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. 4)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. 5)The Contractor shall replace signs and do other maintenance tasks as directed by the City’s Project Manager. Equipment, Materials And Other Services Provided By The Contractor Uniforms and Personal Equipment: Contractor shall ensure that its staff meets the stated uniform standards. The contractor shall ensure that all personnel working in Mitchell Park, Rinconada Park, and Jordan Middle School appear in full uniform. The following standards shall apply to the uniform: 24 4) 6) 7) 8) Personnel must wear a badge showing the name of the Contractors’ company. Personnel must wear a name tag that states the person’s first and last name, or first initial and last name. Personnel must wear a belt that is suitable for carrying a radio. Personnel must wear leather work shoes or boots during garbage collection activities. Personnel may wear short pants, in the same color as the regular uniform pants, at their discretion. The inseam must between at least 6 inches. Personnel must wear leather gloves while collecting or emptying garbage. Personnel must wear latex gloves while cleaning restrooms. Uniform pants will be brown. Uniform shirts will be "Flying Cross," or similar equivalent, and will have a badge tab. The City’s Contract Coordinator must approve significant changes to the uniform standards. Supplies: The Contractor shall provide its personne! with leather and latex gloves, litter sticks and garbage bags and any other tools necessary for the collection of loose garbage. Sufficiency of Work All work provided shall be adequate and sufficient to meet the purposes specified by the City’s Contract Coordinator and shall be done to those standards as set by CITY. Equipment to be Provided by City A)Radios: The City shall provide the Contractor with a separate two-way radio for both Mitchell Park and Rinconada Park/Jordan fields. The conditions for the use and maintenance of these radios shall be specified by the City’s Contract Coordinator. B)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. C)Janitorial Supplies: The City shall provide toilet paper, paper towels and sanitary napkin bags to the Contractor. D) Signs: The City will provide all necessary signs for Mitchell and Rinconada Parks. E)Keys: The City shall provide the Contractor with such keys as are necessary to access facilities associated with this Contract. 25 Priorities Within the limits of the hours of service provided and within the general scope of the tasks to be performed, CITY shall reserve the sole and exclusive right to adjust Contractor’s routine work performance. Standards All tasks performed by Contractor under this proposal shall be in conformance with normal CITY standards. Payment of SerMces A) Contractor shall present monthly invoices to the CITY within five (5) wor ~king days after the end of each month. B) CITY shall pay all invoices within 30 days of receipt. Payment Adiustments As per the terms of the contract, if the Contractor fails to provide the specific hours required above on ant’ specific day, those hours not provided may either be rescheduled at the CITY’s discretion or deducted from the appropriate service period. Should the CITY request, in w~riting (at least 72 hours in advance), additional temporary- hours of service that exceed the standards specified above, Contractor a~ees to provide these additional hours at an overtime hourly rate above the nolxnal payment specified for the particular service period affected. Should the CITY wish to permanently add additional hours of service to the base established above, the Contractor and the CITY a~ee to amend the contract and scope of work in writing. The rates of pa?~nent shall be adjusted annually on the first day of November (in 2008 and 2009). These rates adjustments shall be based solely on a negotiated and mutually a~eed cost of living increase based on the regional Consumer Price Index. Said increase must be agreed to in wTiting by July 30 of each year and the term hereof, or this Contract shall terminate. In any event, in accordance with the terms of the contract the Contract shall terminate with 30 days advance notice to Contractor if the City- Council does not budget adequate funds for services. City’s Contract Coordinator The Open Space and Parks Division Manager, or his designee, shall be the City’s Contract Coordinator and shall represent the City and render overal! supervision of the pro~ess and execution of this Contract. All services to be performed hereunder by Contractor shall be subject to approval and acceptance by the City’s Contract Coordinator. The City’s Contract Coordinator shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Project Manager. The Palo Alto Senior Park Ranger assigned to the Baylands, or his or her designee, shall supervise the day 26 to day operations of this Contract. Contractor’s Project Manager The Contractor’s Project Manager shall represent and provide overall supervision of the profess and execution of Contractor’s obligations as specified under this Contract and shall work with the CITY’s designated contract coordinator to ensure the successful implementation of this Contract. The Contractor’s Project Manager shall offer general management advice, and be present at both public and staffmeetings as requested by the City-. The Contractor’s Project manager shall meet in person with the City’s Contract Coordinator by November 10~ of each year to discuss possible solutions to park problems encountered during the summer period. Completion of Services Contractor shall be responsible, at its own expense, for the selection and emplo,vment 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 for each fiscal year of the term hereof, the term of this Contract shall be for a period of thirty-six (36) months commencing November 1, 2007 and ending at midnight, October 31, 2010. 2) segments: This Contract is based on the CITY’s budgeting purposes according to the following Seg-rnent A - 11/1/2007 to 10/31/2008 Segment B - 11/1/2008 to 10/31/2009 Segment C - 11/1/2009 to 10/31/2010 3) If the City Council does not budget funds to cover the next se~ornent by July 1 of any year, this Contract shall automatically terminate with thirty-days (30) notice to Contractor. 27 EXHIBIT "B" SCHEDULE OF PERFOR~M.,-~NCE CONSULTANT shall perform the Services so as to complete each Service required as per the schedule outlined below: I. Services to be Provided by Contractor under this Contract fo Baylands, Byxbee Hills Park and associated areas. Duties required for patrol ~n ...._=~.a maintenance of B=y!=nas, Byxbee Hills Park and assoc_acea areas as per attached specifications. A)SUMMER SEASON MONTHLY RATE: (The first Sunday in April to the Saturday before the !ast Sunday in October) Based on 32 hours of service per week. B)WINTER SEASON MONTHLY RATE: (The last Sunday in October to the Saturday before the first Sunday in April) Based on 3 hours per day, 21 hours of service per week. The services and equipment to be provided shal! include the fol!owing: A) B) Classification: All personnel working within Bay!ands¯’h "Rance~" or "Seniorshal! be designated as e2z~_er _ __~ _ Ranger. The contractor shal! maK~ every effort to hire bilingual (English and Spanish speaking) personnel. Hours of service: The contractor shal! provide basic levels of service at the Bay!ands Nature Preserve and Refuse Area as outlined below: The first Sunday in April, to the Saturday before the last Sunday in October, referred to as the Summer Season the ranger(s) will work a schedule that wil! vary each year, in reflection of the City of Pa!o Alto Open Space calendar. This varied schedule wil! allow the ranger to c!ose the landfill and c!ose the harbor gate at the Bay!ands at the appropriate time close to sunset. The last Sunday in October to the Saturday before the first Sunday in April, referred to as the Winter Season, the ranger will work 3 hours per day, 21 hours per week. October 15 to Novem~e_ 3* Coverage will be 4 hours (3:45 - 7:45) Apri! 4 to Apri! 31" Coverage will be 4 ~ hours (4:45 - 9:15) May ! to August 12" Coverage will be 5 hours (4:45 - 9:45) August 13 to September 3* Coverage will .... be ~ ~ hours (4:~5 - 9:7~) September ~ to Sepue.mbe_ 23* Coverage wil! be 4 hours (4:45 - 8:45) Septe_mber 24 to October 14" Coverage will be 4 hours (4:15 - 8:15) 28 *Date~s are approximate and will change slightly in future years to reflect sunset times. II. Services to be provided for ~’Urban Parks Patrol shall meet the followin~ schedule : SUMMER ( MAY 1 THROUGH OCTOBER 31) Saturdays and Sundays Rinconada Park & Jordan Middle School: One (1) ranger to work eight (8) hours from 8:00 a.m. until 5:00 p.m. Mitchell Park: One (1) ranger to work four (4) hours from 8:00 a.m. until 12:00 p.m. Holidays The Following holidays will be staffed: Memorial Day Independence Day (July 4) Labor Day Rinconada Park & Jordan Middle School: One (1) ranger to work eight (8) hours from 8:00 a.m. until 4:30 or 5:00 p.m. (depending on len~h of lunch break). 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 8:00 a.m. until 4:30 or 5:00 p.m. (depending on len~h of lunch break). One (1) ranger to an eight (8) hour "Close," shift which is from 12:30 p.m. until 9:00 p.m. %VINTER (NOVEMBER 1 THROUGH APRIL 31) One ranger to patrol four (4) hours from 12:00 p.m. to 4:00 p.m. Rinconada Park and Jordan Middle School fields on Sundays and Thanksgiving Day and Christmas Day. The primary functions of this patrol by the Contractor is essentially the same as during the summer. Enforcement will be done on an as-needed basis. All park trash cans should be emptied by the end of the ranger’s shift o 29 COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this A~eement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A:’ and "A-1" ("Basic Se~-ices’:) and reimbursable expenses shall not exceed $122,422.00 for Year 1. CONSULTANT a~ees to compIete all Basic Services, including reimbursable expenses, within this amount. Duties required for patrol and maintenance of Baylands, BF~xbee Hills Park and associated areas as per attached specifications. A) SUM2MER SEASON MONTHLY RATE: (The first Sunday in April to the Saturday before the last Sunday in October) Based on 32 hours of service per week. $9,000.00/MONTH B) WINTER SEASON MONTHLY Ik~kTE: (The last Sunday in October to the Saturday before the first Sunday in April) Based on 3 hours per day, 21 hours of seIwice per week. $6,000.00/MONTH Total Fee for Basic Services Refuse Area and Baylands For Year 1: Total Fee for Basic Services for Urban Parks Patrol For Year 1 : $93,000.00 $29,422.00 Total Basic Services and Reimbursable expenses for year 1 (FY 2007/2008) Total Compensation $122~422.00 per year 1 $122,422.00 REIMBURSABLE E_XPENSES Prices Quoted include compensation for all reimbursable expenses. ADDITIONAL SERVICES The CONSULTANT shall provide additional services orfly by a&ranced, v~itten authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed v~Titten proposal including a description of the scope of services, schedule, level of 3O effort, and CONSULT~N-T’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and a~eed to in writing by the CITY’s Project Manager and CONSULTAaNT prior to commencement of the services.. Payment for additional services is subject to all requirements and restrictions in tl~s A~eement 31 EXHIBIT "C-I" HOURLY RATE SCHEDULE Position Regular Time Overtime Supervising Ranger $40.00 per hour Senior Ranger $23.50 per hour $35.25 per hour Ranger $20.00 per hour $30.00 per hour The above rates will also be used to compensate for all approved Additional Sem4ces, performed at request of and approved by CITY. 32 0rem, ~ 84059 I~SURE~ California Land Management Inc. 675 6ilman Street Palo Alto, CA 94301-2528 COVERAGES INSURERA: Budington ’Ins. Co. ,~s~’~a ~: Iiartferd INSURERg" t~estchester Insurance Company INSURER’~’I" S~’otsdale Insurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERtvlS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~R ~DD’l TYPE OF INSURANCEtTR INSR[ G EN ERAL LIABILITY ~--~-~4tvlERC LAL G ENERAL UABIL[TY ~ ~ CLAIMS MADE ~-~ OCCURI -~-! $5,000 I)EgUCTIBL£ G~N’L AGGREGATE LiMiT APPLIES PER: .. ~ POLICY F’~PRO"JECT [---] LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS ~SCHEDULED AUTOS ~HIRED AUTOS ~NON-OWNED AUTOS $500 Ded. CO~[P X $500 Ded, COLIL, GARAGE LIAB{LITY ANY AUTO EXCBSSfUMBRELLA LIABILITY ~ OCCUR ~ CLAIMS MADE ~DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER!EXECUTiVEOFFICER]MEMBER EXCLUDED? tf yes, descdbe under SPEC]AL PROVISIONS bela,,v A C POUCY NUMBER RGLOOI’427S .....3’4UENTZ3221i XLS0043612 1}35962839001 POLICY EFFECTIVE POLICY ~PIRATIONDATE IMMZDD~Yt DATE tMM~DD~Y) 11/01/2006 11/01/2007 11/01/2~06 11/01/2007 07/25/2007 11/01/2007 0~/01/2007 ’02/01/2008 LIMITS EACH OCCURRENCE DAMAGE TO RENTED . -S MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT tea accident) BODILY INJURY ! (Per person)$ BODILY INJURY S(Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN E.A ACC AUTO ONLY:AGG EACH OCCURRENCE .AGGREGATE TORY JMFFS ~,, E.L.EACH ACCIDENT E.L DISEASE - EA EMPLOYE; E.L D~SEASE -POLICY L1MFT ~.ooo.oo~ .50,000 0 1,o,oo,oo0 2,o0o,,oo0 2,000,000 1,000,O00 DESCRIPTION OF OPERATIONS I LOCATI’~S / VEHICLES / EXCLUSIONS ~DED BY ENDORSEMENT / SPECIAL PROVISIONS~ddltiona] Insured- City of Pale Alto ;ERTIFICATE HOLDER City of Pale Alto parks and open Space management Pale Alto Junior Museum 1451 mlddlefield Road Pale Alto, CA 94301 ACORD25(2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING iNSURER W~LL ~ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Chad Atkinson/CHAD ©ACORD CORPORATION 1988 PDF created with FinePrint pdfFactory trial version www.odffactorv.com CeRification of Nondiscrimination As Suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 4. If Proposer is INDIVIDUAL, sign here: Proposer’s Signature Date: Proposer’s typed name and title If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print)Date: Member of the Partnership or Joint Venture signature Date: Member of the Partnership or Joint Venture signature Date: If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: President and Secretary Title Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. California Land Management Services Corporation Corporation Name (type or print) By:~ Title: President By: ~ Title: Secretary Date: 9!14/2007 Date: 9/14/2007