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HomeMy WebLinkAbout2004-06-28 City CouncilCity Palo Alto City Manager’ eport TO:HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:JUNE 28, 2004 CMR:262:04 SUBJECT:APPROVAL OF A CONTRACT WITH CALIFORNIA LAND MANAGEMENT (CLM) IN THE AMOUNTS OF $100,330 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) in the amount ors 100,330 for ranger patrol services in Palo Alto’s urban parks, Refuse Area, Byxbee Park and the Baylands Nature Preserve for the fiscal year beginning July 1, 2004. The contract is a one-year agreement with options for two additional years through June 30, 2007. 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 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 Cit), originally contracted with CLM to provide security patrols to prevent illegal dumping and to check for fires at the refuse area. CLM’s services were later expanded to help prevent dumping and fires in the Baylands Preserve and to provide weekend patrols of CMR: 262:04 Page 1 of 3 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. DISCUSSION The attached contract is for park ranger services for the Community Services Department in the urban parks in the amount of $15,869; and in the Public Works Department for the Refuse Area, Byxbee Park and the Baylands Nature Preserve in the amount of $84,461. The Palo Alto Municipal Code Section 2.30.140 (a) (2), states that contracts "...involving the obtaining of professional or specialized services..." may be exempted from the competitive bidding process. This exemption applies to California Land Management because it is uniquely equipped and specially trained to provide emergency medical rescue and response, law enforcement patrol, litter clean up and park maintenance, and high levels of customer service. Although other local businesses provide private security and maintenance services, CLM is the only local organization that can provide the wide range of contract services needed using established park management practices. Other cities, including the City of Mountain View and Menlo Park, currently use CLM for contract park ranger services. RESOURCE IMPACT Funds for the proposed contract for ranger services in the urban parks are included in the proposed Community Services Department Fiscal Year 2004-2005 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 2004-2005 Operating Budget. Cost of living increases negotiated for the second and third years of the contracts will be recommended in the budget process for Fiscal years 2005-2007. POLICY IMPLICATIONS The recommendations in this report are consistent with current City policies. ENVIRONMENTAL ASSESSMENT These contracts are not projects as defined by the California Environmental Quality Act (CEQA); and are not subject to CEQA requirements. ATTACHMENTS Attachment A: Attachment B: Scope of Work - California Land Management - Urban Park Patrol Scope of Work - California Land Management-Baylands Landfill and Preserve Patrol CMR: 262:04 Page 2 of 3 Attachment C: Prepared By: Contract - California Land Management ~ Superintendent, Open Space and Sciences Department Head Review: Director of ;S Services City Manager Approval: City Manager CMR: 262:04 Page 3 of 3 Attachment A SCOPE OF WORK FOR THE CITY OF PALO ALTO URBAN PARKS’ PATROL PARK RANGER CONTRACT July 2004 - June 2007 TABLE OF CONTENTS Overview Backgound 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 Proj ect Manager Completion Of Services Term Of Contract 1 1 1 2 3 3 4 5 5 5 6 6 6 6 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 ranger in the City 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 the visitors to Mitchell and Rinconada Parks, including along Hopkins Street. 3)Dogs shall be kept leashed and under the control of their attendants at all times in Mitchel! and Rinconada Parks when patrolled by the Contractors. 4)Garbage cans shall be regularly emptied and loose garbage shall be picked up by the Contractor from Mitchell and Rinconada park grounds and adjacent streets. An emphasis will be given to collecting litter on Hopkins Street adjacent to Rinconada Park. 5)The Contractor at Mitchell and Rinconada parks shall regularly clean and restock restrooms. 6)Park restrooms will be unlocked and locked as directed. 7)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 Mitchell and Rinconada Parks to ensure the safety of park visitors, the proper use of the park 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. Services to be Provided bv Contractor under this Contract The hourly rate shall be $16.75/hour (for FY 2004-2005). In those instances where the City requests additional hours ~vithout sufficient prior notice to allow the Contractor to schedule employees at their regular rate (at least 72 hours), the hourly rate shall be $25.13 per hour (for FY 2004-2005). This overtime rate shall only be applied with the prior approval of the City. 1 of 7 The Contractor shall provide the following staffing levels: SUMMER ( MAY 1 THROUGH OCTOBER 31) Saturdays and Sundays RINCONADA PARK: One (1) ranger to work eight (8) hours from 8:00 a.m. until 4:30 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 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. WINTER (NOVEMBER 1 THROUGH APRIL 31) One ranger to work four (4) hours from 12:00 p.m. to 4:00 p.m. in Rinconada Park on Sundays and Thanksgiving Day and Christmas Day. The primary functions of this patrol by the Contractor are policing the Walter Hayes School gounds, the park, and the adjoining Hopkins Street for garbage. Enforcement will be done on an as needed basis. 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 and Rinconada Park and other areas as assigned. The work required by the Contractor shall include: 2 of 7 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 may be altered at the discretion of the City’s Project Manager. 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 from the City’s Project Manager. Spanish Speakin~ Personnel The contractor shall aggressively seek to hire bilingual (English and Spanish speaking) personnel. Whenever possible, bilingual personnel will be assigned to work in Rinconada Park. Field Services To Be Provide A)Law Enforcement: The Contractor shall provide the following law enforcement related services: 1) Rigorously enforce the provisions of the Palo Alto Municipal Code dealing with parks, 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) Provide such enforcement in an educational manner whenever possible, consistent with the park rangers’ method. 3) Provide visible patrol to all areas assigned and to positively search for violators. 4) Deal with minor violations in a safe manner whenever possible, but to call for a City park ranger or police assistance whenever necessary. Reservation System: 1) The Contractor rangers will familiarize themselves with the system for reserving individual picnic tables, group areas and other park facilities. 2)The contractor shall assist in the implementation and enforcement of the 3 of 7 City’s reservation system as directed by the Project Manager. c)Radio Use: Contractors’ personnel will at all times carry the provided radio and will follow 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 and Rinconada parks. 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 heavy 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. 3) The Contractor’s staff shall check the restrooms on an hourly basis and shall clean the facilities to the standards set by the City’s Project Manager. Such cleaning shall include 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. 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 and Rinconada Parks shall appear in full uniform. The following standards shall apply to the uniform: 1 )Personnel must wear a badge showing the name of the Contractors’ company. 2)Personnel must wear a name tag that states the person’s first and last name, or first initial and last name. 4) Personnel must ~vear a belt that is suitable for carrying a radio. Personnel must wear leather boots while involved with garbage collection activities. 4 of 7 5) 7) 8) Personnel may wear short pants, in the same color as the regular uniform pants, at their discretion. The inseam must between 3" and 6". Persolmel must carry leather gloves and wear them while involved with garbage collection or must wear latex gloves while cleaning restrooms. Uniform pants will be brown. Uniform shirts will be "Flying Cross," or similar brand and will have a badge tab. The Superintendent of Open Space must approve significant changes to the uniform standards. Supplies: The contractor shall provide its personnel with leather 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 CITY’s Project Manager and shall be done to those standards as set by CITY. Equipment to be Provided bv City A)Radios: The City shall provide the Contractor with a separate two way radio for both Mitchell and Rinconada Parks. The conditions for the use and maintenance of these radios shall be specified by the City’s Project Manager. 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. The City shall make available a general purpose pick-up truck with a hydraulic lift tail gate to make garbage collection efficient. The truck will be reserved for the CLM rangers except for weekends where the truck is needed and reserved for special City events. 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. Keys: The City shall provide the Contractor with such keys as are necessary to access facilities connected with this Contract. 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. 5 of 7 Standards All tasks performed by Contractor under this proposal shall be in conformance 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 Adiustments As per the terms of the contract, should Contractorfail 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 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. The rates of payment shall be adjusted annually on the first day of July (in 2005 and 2006). These rates adjustments shall be based solely on a negotiated and mutually a~eed to cost of living increase based on the regional Consumer Price Index. Said increase must be agreed in writing by January 30 of each year and the term hereof, or this Contract shall terminate. In any event, 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 Proiect Manager The Superintendent of Open Space and Sciences of the City, or his or her designee, shall be the City Project Manager and shall represent the City and render overall supervision of the progress and execution of this Contract. All services to be performed hereunder by Contractor shall be subject to approval and acceptance by the City Project Manager. City Project Manager shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Project Manager. 6 of 7 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 Project Manager The Contractor’s Project Manager 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 Project Manager 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. Completion of Services Contractor shall be responsible, at its own expense, for the selection and employment of such staff as ~vill enable Contractor to perform its services diligently and skillfully in order to complete the tasks under this proposal without delay. Term of Contract 1)Subject to continued City Council approval of funding, for this contract on each fiscal year of the term hereof, the term of this Contract shall be for a period of thirty-six (36) months commencing July 1, 2004 and ending at midnight, June 30, 2007. This Contract is based on the CITY’s budgeting purposes according to the following segments: Segment A - 7/1/2004 to 6/30/2005 Segment B - 7/1/2005 to 6/30/2006 Segment C - 7/1/2006 to 6/30/2007 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. 7 of 7 Attachment B SCOPE OF WORK FOR THE CITY OF PALO ALTO REFUSE AREA AND BAYLANDS PARK RANGER CONTRACT July 2004- June 2007 TABLE OF CONTENTS Overview Back~ound 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 Standards Payment Of Services Payment Adjustments City Project Manager Contractor’s Project Manager Completion Of Services Term Of Contract 1 1 1 2 2 2 5 7 7 7 7 8 8 8 8 9 9 9 9 Overview The City of Palo Alto is seeking contract ranger services for patrol and maintenance of parks, 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 former yacht harbor, Byxbee 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 manner. Examples of the duties include enforcement of park regulations and park related City ordinances; visible uniformed patrol; maintenance; first aid; natural history interpretation; and security at the refuse disposal area. Maintenance activities include trash pickup; vegetation control; and other park-related repairs. Services to be Provided bv Contractor under this Contract. Duties required for patrol and maintenance of Baylands, Byxbee Hills Park and associated areas as per attached specifications. A)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. $5,415/MO for FY 2004-2005. B)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. $8,198/MO for FY 2004-2005. C) HOURLY RATE: For additional temporary hours above. $16.75/Hour for FY 2004-2005 in excess of standard weekly hours specified Private Patrol Operator’s License No. PA009080 Scope of Work - Baylands 2004-2007 Page 1 of 9 Special Provisions The Contract Rangers shall serve in a supportive capacity to Palo Alto Open Space and 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) B) 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 speaking) personnel. Hours of service: The contractor shall provide basic levels of service at the Baylands Preserve and Refuse Area as outlined below: 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. 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 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. April 4 to April 30* Coverage will be 4 ½ hours (4:45 - 9:15) May 6 to Augaast 15" Coverage will be 5 hours (4:45 - 9:45) August !5 to September 5* Coverage will be 4 ½ hours (4:45 - 9:15) September 6 to September 26* Coverage will be 4 hours (4:45 - 8:45) September 27 to October 10" Coverage will be 4 hours (4:15 - 8:15) October 11 to October 24* Coverage will be 4 hours (3:45 - 7:45) *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 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 shall keep daily logs documenting this activity. B)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 2004-2007 .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 securel Contract ranger will maintain presence at the landfill until operator is done working. c)Law 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 unrestrained dogs will be verbally warned. Contract rangers shall use an educational approach in every possible instance and will always be polite to violators. 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 shall also inform CITY of the disposition of the case, i.e., taken to a hospital, released on the scene and the type of first aid performed. This information will be submitted to the CITY within four calendar days of the aid .being ~ven. Forms already in use by the Contractor will be adequate if they include all 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 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 ~vith, and obey the commands of, any public safety officials on the scene. Public Contact: Contract Rangers shall maintain a current knowledge of Baylands features, activities (including programs provided by the CITY) and applicable CITY and State ordinances and regulations. Contract Rangers shall provide information assistance to visitors on request and distribute any Baylands-related 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 2004-2007 Page 3 of 9 G)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.) and perform minor repairs to these facilities as necessary. 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 collection. 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. The work will be completed within the constraints of the hours as described in Para~aphs 1 (a - c). 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. L)Update posted park closure signs: Contractor shall change posted park closure signs (2 clock face and 1 block type) 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 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 personnel. The truck will be equipped with a yellow light bar, a 50 gallon pump 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. 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 Scope of Work - Baylands 2004-2007 Page 4 of 9 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 Project Manager. 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 Project Manager. 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 carry 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. Sig-nificant changes to the uniform standards must be approved by the Project Manager. 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 hammers, screwdrivers, wrenches, shovels, garbage bags, litter sticks, and similar equipment. Scope of Work - Baylands 2004-2007 Page 5 of 9 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 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 Project Manager. The contractor will immediately report any problems with the radios, or their use, to the CITY’s Project Manager or his designee. The Contractor is responsible for monitoring its staff use of the CITY radio. Contractor must follow 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) techniques as taught by the American Red Cross or the American Heart Association. Contractor shall provide CITY with rangers who have current certification in Standard First aid or higher level of emergency first aid training. If a ranger has a certificate other than that listed above, acceptance of such certification is at the discretion of the CITY’s Project Manager. Contractor shall train its own staff in general maintenance and security procedures. The CITY may require Contract Rangers to attend an annual training session, to last not longer than eight (8) hours per staff member, 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. Sufficiency of Work All work provided shall be adequate and sufficient to meet the purposes specified by CITY’s Project Manager 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: Scope of Work- Baylands 2004-2007 Page 6 of 9 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 all 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 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 operate 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 Project Manager, train Contractors supervisors. 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 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 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 Sconce orWork- Bay~ands 2004-2007 Page 7 of 9 Period shall be adjusted each July 1st in accordance with the provisions outlined below. B)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 particular service period affected. Should CITY wish to permanently add additional hours of service to the base established above, Contractor and CITY agee to amend the contract and scope of work in writing. The rates of payment shall be adjusted annually on the first day of July (in 2005 and 2006). These rates adjustments shall be based solely on a negotiated and mutually agreed to cost of living increase based on the regional Consumer Price Index. Said increase must be agreed in writing by January 30 of each year and the term hereof, or this Contract shall terminate. In any event, 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 Proiect Manager The Superintendent of Open Space of the CITY, or his or her designee, shall be the CITY Proj ect Manager and shall represent the CITY and render overall supervision of the progress and execution of this Contract. All services to be performed hereunder by Contractor shall be subject to approval and acceptance by the CITY Project Manager. CITY Project Manager shall make periodic reviews of Contractor’s operations and report any findings to the Contractor’s Project Manager. 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 Proiect Manager Scope orWork - Baylands 2004-2007 Page 8 of 9 The Contractor’s Project Manager 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 Project Manager 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. 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 Serviqes 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) c) Subject to continued City Council approval of funding, for this contract on each fiscal year of the term hereof, the term of this Contract shall be for a period of thirty-six (36) months commencing July 1, 2004 and ending at midnight, June 30, 2007. This Contract is based on the CITY’s budgeting purposes according to the following segments: Segment A - 7/1/2004 to 6/30/2005 Segment B - 7/1/2005 to 6/30/2006 Segment C - 7/1/2006 to 6/30/2007 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 ofWork - Baylands 2004-2007 Page 9 of 9 Attachment C CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND CALIFORNIA LANDMANAGEMENT FOR PARK RANGER PATROL SERVICES This Contract No is entered into .., by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California (~CITY"), and CALIFORNIA LAND MANAGEMENT, a California corporation, located at 675 Gilman Street, Palo Alto, CA 94301 ("CONTRACTOR"). RECITALS: WHEREAS, CITY desires certain park ranger patrol services ("Services"), at City’s Urban Parks as more fully described in Exhibit "A" and City’s Refuse Area and Baylands as more fully described in Exhibit "B"; and WHEREAS, CITY desires to engage CONTRACTOR, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION 1 - TERM i.i This Contract will commence on July l, 2004 and will terminate on June 30, 2005 unless extended by City. City shall have the option but not the obligation to extend the agreement for two additional one-year terms. The obligation of CONTRACTOR to perform the Services will commence in accordance with the time schedule set forth in Exhibit "A" and Exhibit ~B". Time is of the essence of this Contract. Within the specified time schedule on account of CONTRACTOR’s default, CITY’s city manager will have the option of extending the time schedule for any period of time except in no event shall the term of this agreement extend beyond June 30, 2007, without Counci! approval. This.provision will not preclude the recovery of damages for delay caused by CONTRACTOR. SECTION 2 - QUALIFICATIONS, STATUS, AND DUTIES OF CONTRACTOR 2.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONTRACTOR further represents and warrants that the project director.and every individual charged with the performance of the Services under this Contract are duly licensed 040621 cl 0072397 or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services. 2.2 In reliance on the representation and warranty set forth in Section 2.1, CITY hires CONTRACTOR to perform, and CONTRACTOR covenants and agrees that it will furnish or cause to be furnished, the Services. 2.3 CONTRACTOR will assign. Eric Mart as the project director .to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director for any reason, the appointment of a substitute project director will be subject to the prior written approval of the project manager. 2.4 CONTRACTOR represents and warrants that it will: 2.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Services; 2.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in CONTRACTOR’s performance under this Contract, or the performance of the Services; 2.4.3 At all times observe and comply with, and cause its employees and contractors (and consultants), if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 2.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications or provisions of this Contract. 2.5 Any reports, information, data or other material given to, or prepared or assembled by, CONTRACTOR or its contractors, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONTRACTOR or its contractors, if any, without the prior written approval of the city manager. 04062’t cl 0072397 2 2.6 CONTRACTOR will be responsible for employing or engaging all persons necessary to perform the Services. Al! contractors of CONTRACTOR will be deemed to be directly controlled and supervised by CONTRACTOR, which will be responsible for their performance. If any employee or contractor of CONTRACTOR fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the .employee or contractor will be discharged immediately from further performance under this Contract on demand of the project manager. SECTION 3 -DUTIES OF CITY 3.1 CITY will furnish or cause to be furnished the specified services set forth in Exhibit ~A" and Exhibit ~B" and such other information regarding its requirements as may be reasonably requested by CONTRACTOR. 3.2 The city manager will represent CITY for all purposes under this Contract. The Superintendent of Open Space and Sciences is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Services, and will be assisted by the Senior Park Ranger assigned to Baylands, or his designee. 3.3 If CITY observes or otherwise becomes aware of any default in the performance of CONTRACTOR, CITY will use reasonable efforts to give written notice thereof to CONTRACTOR in a timely manner. SECTION 4 - COMPENSATION 4.1 In consideration of the full performance of the Services by CONTRACTOR, CITY wil! pay CONTRACTOR a total sum not to exceed Fifteen Thousand Eight Hundred Sixty Nine dollars ($15,869) for Services set forth in Exhibit ~A" and Eighty Four Thousand Four Hundred Sixty One dollars for services set forth in Exhibit "B" for a total not to exceed amount of One Hundred Thousand Three Hundred Thirty dollars ($100,330). CONTRACTOR shall submit invoices to CITY within five working days after end of each month; CITY shall pay al! invoices before the 25th day of the month following each service period. CITY, acting by and through its City Manager, may, at its sole option and upon thirty days prior written notice to CONTRACTOR, extend the term of this Agreement for up to three additiona! calendar year duration, provided that the compensation schedule stated in this Agreement shall be adjusted to reflect compensation at 3% of the actua! pay step schedule or the percentage of the CPI (Consumer Price Index), whichever is Iower, payable within thirty (30) days of submission by CONTRACTOR of its itemized billings, in triplicate, as set forth in Exhibits ~A" and 0~0621 cl 0072397 3 SECTION 5 -AUDITS 5.1 CONTRACTOR will permit CITY to audit, at any reasonable time during the term of this Contract and for three (3) years thereafter, CONTRACTOR’s records pertaining to matters covered by this Contract. CONTRACTOR further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Contract. SECTION 6 -INDEMNITY 6.1 CONTRACTOR agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONTRACTOR in the performance of or failure to perform its obligations under this Contract. SECTION 7 -WAIVERS 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract, 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. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, condition or provision of this Contract or of any applicable law or ordinance. 7.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 8 -INSURANCE 8.1 CONTRACTOR, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONTRACTOR and its contractors, if any, but also, with the exception of workers’ compensation, employer’s liability, and professional liability insurance, naming CITY as an additional insured concerning CONTRACTOR’s performance under this Contract. 040621 cl 0072397 8.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and al! contractors of CONTRACTOR retained to perfo~rm Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identica! insurance coverage, naming CITY as an additional insured under such policies as required above. 8.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. 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 altered by the insurer except after filing with CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professionil liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 8.4 The. procuring of such required policy or policies of insurance will not be construed to limit CONTRACTOR’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONTRACTOR 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 Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION 9 -WORKERS’ COMPENSATION 9.1 CONTRACTOR, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Services. SECTION I0 -TERMINATION OR SUSPENSION OF CONTRACT OR SERVICES i0.i The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONTRACTOR unless terminated pursuant to section 15.11 below. Upon receipt of such notice, CONTRACTOR will immediately 040621 cl 0072397 discontinue its performance of the Services. 10.2 CONTRACTOR may terminate this Contract 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 or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of the Services to be performed. 10.3 Upon such suspension or termination by CITY, CONTRACTOR will be paid for the Services actually rendered to CITY on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminated on account of a default by CONTRACTOR, CITY will be obligated to compensate CONTRACTOR only for that portion of the 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 her discretion. 10.4 Upon such suspension or termination, CONTRACTOR will deliver to the city manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its contractors, if any, or given to CONTRACTOR or its contractors, if any, in connection with this Contract. Such materials will become the property of CITY. 10.5 The failure of CITY to agree with CONTRACTOR’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONTRACTOR to fulfil! fts obligations under this Contract. SECTION ii -ASSIGNMENT ii.i This Contract is for the personal services of CONTRACTOR, therefore, CONTRACTOR will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 12 -NOTICES 12.1 All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as fol!ows: 040621 c10072397 6 To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To CONTRACTOR: Attention of the project director at the address of CONTRACTOR recited above SECTION 13 -CONFLICT OF INTEREST 13.1 In accepting this Contract, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any contractor or person having such an interest. CONTRACTOR certifies that no person who has or will have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Pa!o Alto Municipal Code and the Government Code of the State of California. SECTION 14 -NONDISCRIMINATION 14.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of any person under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit ~D". 14.2 CONTRACTOR agrees that each contract for services with an independent provider wil! contain a provision substantially as follows: ~[Name of Provider] will provide CONTRACTOR with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, 040621 cl 0072397 disability, sexual preference or gender of such person." 14.3 If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 15 -MISCELLANEOUS PROVISIONS 15.1 CONTRACTOR represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONTRACTOR wil! comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Contract. 15.2 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 15.3 In the event that an action is brought, the parties agree that trial of such action wil! be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 15.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 15.5 This document represents the entire and integrated agreement between the parties and supersedes all prior negotia- tions, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 15.6 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 15.7 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, 8 040621 c10072397 executors, administrators, assignees, and contractors, as the case may be, of the parties. 15.8 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 15.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 15 i0 This Contract may be executed in any number of counterparts, each of which will be an original, but al! of which together will constitute one and the same instrument. 15.11 This Contract is subject to the fiscal provisions of the Charter of the City of Paio Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the fol!owing fisca! 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 funds for this Contract are no longer available. This Section 15.11 shal! take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. // // // // // // // // // // // 040621 c10072397 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor CALIFORNIA LAND MANAGEAMENT Senior Asst. City Attorney By : APPROVED:Name" Assistant City Manager Title: Director of Administrative Services By: Name- Director of Community Services Risk Manager Title: Taxpayer Identification No. 94-8765432 (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments: EXHIBIT "A"- EXHIBIT "B"" EXHIBIT ~C": EXHIBIT ~D": SCOPE OF PROJECT, TIME ~iZTD RATE SCHEDULE FOR URBAN PARKS SCOPE OF PROJECT, TIME AND RATE SCHEDULE FOR REFUSE AREA AND BAYLANDS INSURANCE NONDISCRIMINATION COMPLIANCE FORM 0406~.] d 007~-397 i0 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF ) ) SSo COUNTY OF ) On 2004, before me,, a Notary Public in and said County and State, personally appeared ........personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 040621 cl 0~72397 11 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) STATE OF ) ) ss. COUNTY 0F ) On , 2004, before me,, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 040621 c10072397 12 EXHIBIT "C" PART II - INSURANCE REQUIREMENTS FORM 650 CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A;VII, OR HIGHER, LICENSED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. ~.WARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW; MINIMUM LIMITS REQUIRED YES YES YES YES NO TYPE OF COVERAGE WORKER’S COMPENSATION AUTOMOBILE LIABIUTY COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY COMPREHENSIVE AUTOMOBILE LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE 0NHEN APPLICABLE), AND NEGLIGENT PERFORMANCE REQUIREMENT STATUTORY STATUTORY BODILY INJURY PROPERTY DAMAGE BODILYINJURY & PROPERTY DAMAGE COMBINED. BODILYINJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED ALL DAMAGES EACH OCCURRENCE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: BIDDER, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREINDESCRIBED,INSURING NOT ONLY BIDDER AND ITS SUBCONTRACTORS,IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. II. INSURANCE COVERAGE MUST INCLUDE: A.A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND IV AND V, BELOW. A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): CITY OF PALO ALTO RFP NO. 148685 PAGE 1 OF 2 PART II- INSURANCE REQUIREMENTS FORM 650 D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): III. IV. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND BIDDER’S SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. B.CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C.NOTICE OF CANCELLATION 1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION 300A. Firm: Signature: Name: (Print or type name) Signature: Name: (Print or type name) NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. CITY OF PALO ALTO RFP NO. 148685 PAGE 2 OF 2 CERTIFICATION OF NONDISCRIMINATION EXHIBIT "D" Certification 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 with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: Signature: Name: Signature: Name: Note: (PRINT OR TYPE NAME) (PRINT OR TYPE NAME) Cafifomia Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** mus___.t be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable)