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04-0706_SECURTEC DISTRICT PATROL, INC._Personal Services Agreement
PERSONAL SERVICES AGREEMENT (a� THIS AGREEMENT is made and entered into th' st day of July 2004, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Securtec District Patrol, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's supplemental parking enforcement services; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later June 30, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twenty Two Thousand Eight Hundred Dollars ($22,800.00) as set forth in Exhibit "B," attached and incorporated herein by reference. Securtec psa.doc - I - July 6, 2004 SC 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Securtec psa.doc - 2- July 6, 2004 Section 7. Familiarity with Work Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) it understands the location, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 12. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Securtec psa.doc -3 - July 6, 2004 Section 13. Background Check. Consultant agrees to allow the City to complete security background checks on all employees who would be assigned to work in the City, their supervisors, and the principal owners of the company. The City will submit fingerprint cards to the California Department of Justice for the above individuals, to ascertain the status of any criminal convictions, which would preclude said individuals from carrying out the scope of work. The background check will be conducted at the City's expense. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period Securtec psa.doc -4- July 6,2004 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Securtec psa.doc -5 - July 6,2004 Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mike Cantor, Senior Management Analyst To Consultant: Securtec District Patrol, Inc. 2691 Richter Ave., #111 Irvine, CA 92606 Attn: Mark A. Leonetti, President, CEO Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Aureement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Securtec psa.doc -6- July 6, 2004 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF AN J A ISTRANO By: r Joe S o, Ma or CONSU ANT By: ark A. a ne , re i ent, CEO ATTEST: /n ar aret R. Monahan, City Clerk APPROVED AS TO FORM: wk-� John R. IN, City Attorney Securtec psa.doc -7- July 6, 2004 • EXHIBIT "A" Project Overview and Scope of Work 1. Securtec District Patrol, Inc. will provide uniformed contract security officer(s) to patrol the public streets in the neighborhoods of the Capistrano Villas 1, II & III to issue citations for vehicles parked in violation of the parking permit program. 2. Security Officers will patrol seven days a week between the hours of 3:00 a.m. and 6:00 a.m. to identify vehicles which are not displaying approved parking permits. 3. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 4. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. 5. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 6. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 7. Contract security personnel will drive Securtec District Patrol, Inc. vehicles. EXHIBIT "B" Compensation and Payment 1. The City agrees to pay Securtec District Patrol, Inc. $22,800 for all services performed. 2. Consultant shall submit monthly invoices of$1900.00 for services. 3. The City shall make payments within 14 days of receipt of Consultant's bill. 4. Payments shall be made to Securtec District Patrol, Inc. 5. The parties understand and agree that the City's payments to Consultant as compensation under this Agreement shall not exceed Twenty Two Thousand Eight Hundred Dollars ($22,800.00). • /STC RTHOLDER COPY SG STATE G P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-01-2005 GROUP: 000380 POLICY NUMBER: 0000323-2005 CERTIFICATE ID: 31 CERTIFICATE EXPIRES: 01-01-2005 01-01-2005/01-01-2008 LT. RICK STAHR, CHIEF OF POLICE SERVICES CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may beissuedor may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. °�- Xd, c . AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT 82085.ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. _ EMPLOYER - - LEGAL NAME // SECURTEC DISTRICT PATROL, INC SECURTEC DISTRICT PATROL, INQ / 2691 RICHTER AVE STE 111 VVV IRVINE CA 92606 (REV.3-03) PRINTED: 12/19/2004 P0408 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND PASEOTO SAN JUAN CAPISTRANO, � CA 92675 INIANAIIEI MEMBERS OF THE CfTY COUNCIL (949)493-1171 I fA1A101XF1 1961 SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.SATHGATE www.sanjuancapistrano.org W VATT HART O DAMD M. DAVID M.SWERDLIN December 16, 2004 Securtec District Patrol Attn: Mark A. Leonetti, President 18001 Sky Park South #C Irvine, CA 92641-6511 RE: Compliance with Insurance Requirements — Parking Enforcement Services The following insurance document is due to expire: ✓ Workers Compensation Certificate 1/1/2005 vk/ Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 324 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expir 1 n date. If u have any questions, please contact me at (949) 443-6309. S, la u'fry Administrativ cc: Mich , Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future _ Client 49046 SECUDIS CORa CERTIFIC E OF LIABILITY INS ANCE DATE /02/0 ,4 5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Central California 41 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O BOX 1886 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bakersfield, CA 93303 661 328-1300 INSURERS AFFORDING COVERAGE INSURED INSURER A: First Specialty Insurance Corp. _ Securtec District Patrol Inc INSuRERB: Progressive Insurance 2691 Richter Avenue #111 INSURER C: Irvine, CA 92606 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR, TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR ATE M/DD/YY DATE D/YY A GENERAL LIABILITY FGL107001844000 06/28/04 06/28/05 EACH OCCURRENCE $2 000, 000 X ,COMMERCIALGENERALLIABILITY FIRE DAMAGE(My one lire) $50 000 CLAIMS MADE A OCCUR j MED EXP(Any one Person) $5, 000 _ X Errors/Omissio PERSONAL B ADV INJURY s200_0 000 GENERAL AGGREGATE $3 O O 0, 000 GEN'L AGGREGATE LIM R APPLIES PER: PRODUCTS -COMP/OPAGG $3 0O0 000 POLICY PRP LOC — B AUTOMOBILE LABILITY CA040865236 02/20/05 � 02/20/06 COMBINED O sBINEDtSINGLE LIMIT i$1 D00, 000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ — AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE 1 AGGREGATE E $ DEDUCTIBLE $ RETENTION E $ WORKERS COMPENSATION AND WC STATU- OTM- T Ry IMIT R EMPLOYERS'LABILITY E.L.EACH ACCIDENT S E.L.DISEASE-EA EMP L OYEE $ E.L.DISEASE-POLICY LIMIT I$ OTHER DESCRIPTION OF OPERATIONSILOCATIGNSNEHICLES'EXCLUSNONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of San Juan Capistrano is included as additional insured under the general liability policy with respect to the operations of the named insured only. Per attached endorsement . CERTIFICATE HOLDER X ADDITIONALINSURED'INSURERLETTER: A CANCELLATION SHOULD ANYOFTH E ABOVE DESCWBED POLICIES BE CANCELLED BEFORETHE EXPIRATION City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL';0 —DAYS WRN EN Attn: Michael Cantor NOTCETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BUT FAILURE TO DOSO HALL 32400 Paseo Adelanto IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITSA NTSOR San Juan Capistrano, CA 92675 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD25-S(7/97)1 of 2 #S319618/M318044 TNC O ACORD CORPORATION 7988 MAR 0 7 ?"1050 POLICY NUMBER: FGL107001844000 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano Attn: Michael Cantor 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. The City of San Juan Capistrano is included as additional insured under the general liability policy with respect to the operations of the named insured only. Per attached endorsement . CG 20 10 11 85 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25S(7/97)2 of 2 #S319618/M318044 LEVATO 32400 PASEO ADELA14TO MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO,CA 92675 �i� (949)493-1171 /,y DIANESAMABATHG (949)493-1053 FAx fMO IAf4A1AAAtfA DIANE BATHGATE fS1Al11fX[A I (96) WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN February 15, 2005 Securtec District Patrol Attn: Mark A. Leonetti, President 18001 Sky Park South #C Irvine, CA 92641-6511 RE: Compliance with insurance Requirements —Parking Enforcement Services The following insurance document is due to expire: ✓ Automobile Liability Certificate 02/20/2005 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 3240 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above e tion d ie. If o have any questions, please contact me at (949) 443-6309. Si r 'I aGuvra A minis ive Secretary cc: ichael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 6�0 Prp,nee on recycled paper • STATE COPY SG STM I E P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION - - - INSUFtANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-01-2004 GROUP: 000380 POLICY NUMBER: 0000323-2004 CERTIFICATE ID: 31 CERTIFICATE EXPIRES: 01-01-2005 01-01-2004101-01-2005 LT. RICK STAHR, CHIEF OF POLICE SERVICES CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE, ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME SECURTEC DISTRICT`PATROL, INC SECURYEC DISTRICT PATROL; INC 2691 RICHTER AVErSTE 111 ' / IRVINE CA 92606 / Ev.3-031 12-17-2003 THIS DOCUMENT a BACKGROUND Jsee A/[ MEMBERS OF THE CITY COUNCIL DIANE L.BATHGATE i; JOHN S.GELFF MATT HART O AVID M 32400 PASEO ADELANTO 1� M1 SAN JUAN CAPISTRANO, CA 92675 +� ' IRf111R1111 DAVID M.SWERDLIN (949) 493-1 171 numm� 1961 (949) 493-1053 (FAX) 1776 • • INTERIM CITY MANAGER ivivly.sanjuancaprstrano.org � PAMELA GIBSON December 2, 2003 Securtec District Patrol Attn: Mark A. Leonetti, President 18001 Sky Park South #C Irvine, CA 92641-6511 RE: Compliance with Insurance Requirements — Parking Enforcement Services The following insurance document is due to expire: ✓ Workers Compensation Certificate 1/1/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk' office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above e ra o da e. If y have any questions, please contact me at (949) 443-6309. jincr , Lev a Secretary cc: Lt. J.B. Davis, Chief of Police Services San Juan Capistrano: Preserving the Past to Enhance the Future Client 49046 SECUDIS , ACORa CERTIFIC OF LIABILITY INSURANCE 06/25/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Of Central California 41 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O 3oX 1886 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bakersfield, CA 93303 661 328-1300 INSURERS AFFORDING COVERAGE INSURER First Specialty Insurance_ Corp. Securtec District Patrol Inc INSURERS: Progressive Insurance 2691 Richter Avenue #111 INSURER Irvine, CA 92606 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR I rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMA) DATE MM/DD/YY A GENERAL LIABILITY FGL107001844000 06/28/04 06/28/051 EACH OCCURRENCE $2 , 000 , 000 MERCIAL GENERAL LIABILITY FIRE DAMAGE(AnY onetire 50 00l] CLAIMS MADE ��X,�OCCUR_ MED EXP(Any one person) $5 0 0 0 ;'P.rL,rCY0Fr-s/OissiolyPERSONALBADVINJURY $2 000 000 GENERAL AGGREGATE $3 000000 ' AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMPIOP AGG $3 000 000PR6 � LOC B AUTOMOBILE LIABILITY CA040865235 02 20 04 02/20/05 _ 1 (Ea ami ED SINGLE LIMIT ANY AUTO (Ea eccitlent) $11000, 000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) HIRED AUTOS .BODILY INJURY NON-OWNED AUTOS (Per accitlent) $ PROPERTY DAMAGE $ (Per accitlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT .$ ANV AUTO BOTHER THAN EA ACC $ AUTO ONLY: AGG $ E%CESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ i, RETENTION $ $ WORKERS COMPENSATION AND WC STAM- OTH- EMPLOYERS'LIABILITY � E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONS(VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of San Juan Capistrano is included as additional insured under the general liability policy with respect to the operations of the named insured only. Per attached endorsement . CERTIFICATE HOLDER j Y I ADDITIONALINSURED;INSURERLETTER: A- CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESSE CANCELLED BEFORE THE EXPIRATION City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 30-_DAYSWRTTEN Attn: Michael Cantor NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BUTFNLURE TODOSOSHALL 32400 Paseo Adelanto IM POSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER,ITS AGENTS OR San Juan Capistrano, CA 92675 REPRESENTATIVES. AUTHORIZED EPRESEN A VE ACORD26s(7/97)1 of 2 #S295027/M294555 JUL 02 2004 JLL OACORDCORPORAT10NI988 POLfCY NUMBER: FGL107001844000 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano Attn: Michael Cantor 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. The City of San Juan Capistrano is included as additional insured under the general liability policy with respect to the operations of the named insured only. Per attached endorsement . CG 20 10 11 85 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25S(7/97)2 of 2 #S295027/M294555 SG `'�' CERTHOLDER COPY St■.AT P.O. BOX1801j; SAN `FRANCISCO;CA=: 4:142-0$07 GbMPEMSATtOIV ,�. , ny - INSURANGE - FU © CERTIFICATEOF ,V1!OAKERS COMPEN$ATION INSURAI[CE x, iSSU5 DATE 01 01-2004 GRQf1P: " 0380 ,POLICY NLIM6ER: QQ00323-20Q4: ` 'CERTJFICATE,Ib;,- ' i,CERTIF(CATEn,EXPiRES; 01-01 2005.. ' - - s 01-01.2004107<01 2005 .1-- LT; .RICK �(AyR, H=1Ef 00: POLIC&'SERVICES " CIT'Y 'W ,tAN JUA4.`C1FI 32400 PASE0,4QELAN70 SAN JUAN t1kPi SfiRI(NO CA �R675 This is io ceriify`'that vire have issued a validwWgrkers' Compensation msu{arise polic :in;a Qrm ipproved hy'fhe', California„ anc&„CorriTiksloner;too-the employeFft2med below for the Policy,Period induced r` , a ThisDoh j is nOt Subje, to ganFellatiotr�y ,the F'unO'except upon 30 days' ;advance written noUOE to`the employer. We will°gkso.give you daYg`'atlJanFe'ttotiCe should-this, m ,policYbe cancelled prior,tp_its hora} iSpiraLon. - ,This 'certificate of insurance Jt hot an irts*A,nc4 policy and,does not ant@Pd extend or alter Me overage afforded by 'e policies hs3 d fiei'e�n. @in4w+ithstaj�OinolenY kego'"Aae`�4 term,��or ctlntlEtipn of any_-safiitlsct orwather_�dcumeot -- With reddpect-ta w ich'thl5 ce!# IE e 'f3f�+1Stirange , [ssued,or may"Oeirtiin, the^nsuraru:e a�fforde4,' -the _. �> olidles desePed:hery�jn a sub�ecl to a0-the;tetms .QXctuSibnsantl conditions of such {tolidas.,,, - - P. A%_ "AI.JTHOR11m6JR5019E4NtATIVE 4_ _ PRESIDENT - - EMPLOYER'S'�LSA4ILITY LII4i$' tNCLLD;NO�DFEIVSE ST$q. ;1 000,000.00 PEROGCURRENCE: , x `l:_NpOR$E�IE�II' '2065,'ENTITL'} ERTxF.ICATIR*DERS r f�fiTC€ EFFECTIVE Oa ,O'1-2004-I5 'QTfiA0HE0.4'O:AND; - ORaIS A gv'T IT ' , � 4 '46 A' W" - r - s %� L AM r , S'ECUR-{,EG 'SIS' C '"RA.TROLv I.,NLSECtlRTEC A>STocrC PATROL; SNC 26,9trRrCNTER AVE SI'E J)”) f°RVINE GA 9606 - EV 3 031. �^, r.w. . . , ¢ t i- aro ` _ «4 s ..',,. ,.E:. ` §m {2 17-2004, a■nar.r. Pi .+r ■ i .,PhINTED:Y , a PnQnR t �, Jwan 32400 PASCO ADELANTO i AMEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 �ua� SAM ALLEVATO (849)493-1171 N[oAroAAllo DIANE L.BATHGATE (949)493-1053 FAX H@LL9MIA , 196 MATT HART Hnswsanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWEROLIN May 17, 2004 Securtec District Patrol Attn: Mark A. Leonetti, President 18001 Sky Park South #C Irvine, CA 92641-6511 RE: Compliance with Insurance Requirements — Parking Enforcement Services The following insurance documents are due to expire: ✓ General Liability Certificate 06/28/2004 ✓ General Liability Endorsement Form naming the City of San Jubn Capistrano as additional insured. ✓ Professional Liability Certificate 06/28/2004 W Please submit updated documentation to the City of San Juan Capistrano, a tion City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above ex . tion a s. If have any questions, please contact me at (949) 443-6309. in ueva Secretary cc: Michael Cantor, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future JVAN., �, • 32400 PASEO ADEI ANTO SAN JUAN CAPISTRANO,CA 92675 FIRE BBiBRD ED MEMBERS OF THE CITY COUNCIL (949)493-1171 [nBeusata 1961 SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.BATHGATE wnlcsu1j11uncayisiraruzarg • WYATTHART JOE SOTO DAVID M.SWERDLIN July 15, 2004 Mark A. Leonetti Securtec District Patrol, Inc. 2691 Richter Ave, #1111 Irvine, CA 92606 Dear Ms. Leonetti: An executed, original Personal Services Agreement related to providing supplemental parking enforcement services is enclosed for your records. Thank you for forwarding current evidence of insurance. Please keep in mind that this must be maintained current with our office, or all work must stop under this agreement and all payments will be withheld. If you have questions specific to the contact, please contact the project manager, Michael Cantor, Senior Management Analyst (949) 234-4565. Thank you, Meg M a n, CMC City rk cc: Mich I Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future • JVANO �, • 32400 PASEO ADELANTO i: MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 ry,/L mcXXvoeHm (949)493-1053 FAX /� DIANE L.BATHGATE f9RRIIfXfX IA6I MATT HART www.sanjuancapistrano.org (]]6 JOE SOTO • • DAVID M.SWERDLIN July 7, 2004 Mark A. Leonetti Securtec District Patrol, Inc. 2691 Richter Ave, #1111 Irvine, CA 92606 Dear MS`: Leonetti: A Personal Services Agreement related to providing supplemental prking enforcement services was approved by the City Council at their meeting of July 6, 2004. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Specifically, the evidence of insurance for your professional liability insurance expired on June 28, 2004. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Michael Cantor, Senior Management Analyst (949) 234-4565. Please call Maria Guevara, Secretary, (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Meg M ah CMC City erk cc: ael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future Section 13. Background Check. Consultant agrees to allow the City to complete security background checks on all employees who would be assigned to work in the City, their supervisors, and the principal owners of the company. The City will submit fingerprint cards to the California Department of Justice for the above individuals, to ascertain the status of any criminal convictions, which would preclude said individuals from carrying out the scope of work. The background check will be conducted at the City's expense. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period Securtec psa.doc -4- July 6, 2004 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lationfrermination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Securtec psa.doc - 5 - July 6, 2004 7/6/2004 AGENDA REPORT D 9 TO: David F. Adams, City Manager FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of Renewal of Personal Services Agreement for Parking Enforcement in the Capistrano Villas (Securtec District Patrol, Inc.). RECOMMENDATION: By motion, approve the renewal of the Personal Services Agreement with Securtec District Patrol, Inc. to provide supplemental parking enforcement of the overnight parking permit program at the Capistrano Villas I, 11, 111 in the amount of$22,800 from July 1, 2004 to June 30, 2005. SITUATION: Since November 2001, the City has contracted with Securtec District Patrol, Inc. (Securtec) to provide enforcement of the Overnight Parking Permit Program in the Capistrano Villas neighborhood. This is a one-year renewal of the Personal Services Agreement for Securtec to provide parking enforcement seven days a week from 3:00 a.m. to 6:00 a.m. to enforce the overnight parking permit restriction. To provide enforcement, one Securtec employee is assigned to the above shift. The success of the program is contingent on the implementation of contracted enforcement, such as that provided by Securtec, coupled with enforcement by the City of San Juan Capistrano's Police Services Department. The Personal Services Agreement does not require Securtec to provide employees that are bilingual. In the two and a half years that Securtec has operated in the City, no language communication complaints have been received. Since enforcement takes place between the hours of 3:00 a.m. and 6:00 a.m., very few people are on the streets. Parked vehicles without the required permits are subject to citation. Citations are issued to vehicles and do not require people contact for issuance of citations. All Securtec employees and principal owners are required to undergo criminal history background checks with the California Department of Justice. The City will process fingerprint cards on all assigned employees and principal owners in order to ascertain the status of any criminal convictions which would preclude these individuals from carrying out the described scope of work. Agenda Report Page 2 July 6, 2004 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: Funds in the amount of$22,800 have been allocated in the fiscal year budget 2004- 2005 for Securtec to provide service from July 1, 2004 to June 30, 2005. This year's costs reflect no increase over the previous year's contract. NOTIFICATION: Securtec District Patrol, Inc. Webb Community Management, Inc. RECOMMENDATION: By motion, approve the renewal of the Personal Services Agreement with Securtec District Patrol, Inc. to provide supplemental parking enforcement of the overnight parking permit program at the Capistrano Villas I, II, III in the amount of$22,800 from July 1, 2004 to June 30, 2005. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Personal Services Agreement 1 r • • PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 2004, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Securtec District Patrol, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's supplemental parking enforcement services; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later June 30, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twenty Two Thousand Eighty Hundred Dollars ($22,800.00) as set forth in Exhibit"B," attached and incorporated herein by reference. Securtec psa.doc - I - ATTACHMENT 1 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Sect_ IY on 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Securtec psa.doc -2- July 6, 2004 0 Section 7. Familiarity with Work Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) it understands the location, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 12. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Securtec psa.doc -3- July 6, 2004 Section 13. Background Check. Consultant agrees to allow the City to complete security background checks on all employees who would be assigned to work in the City, their supervisors, and the principal owners of the company. The City will submit fingerprint cards to the California Department of Justice for the above individuals, to ascertain the status of any criminal convictions, which would preclude said individuals from carrying out the scope of work. The background check will be conducted at the City's expense. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period Securtec psa.doc -4- July 6, 2004 0 0 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lationlTermination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Securtec psa.doc 5 - July 6,2004 Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other parry In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mike Cantor, senior Management Analyst To Consultant: Securtec District Patrol, Inc. 2691 Richter Ave., #111 Irvine, CA 92606 Attn: Mark A. Leonetti, President, CEO Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising',between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Securtec psa.doc -6- July 6,2004 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor CONSUL ANT By: Iff fffd ark A. a ne re i ent, CEO ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: QA� John R. City Attorney Securtec psa.doc -7- July 6,2004 • EXHIBIT "A" Project Overview and Scope of Work 1. Securtec District Patrol, Inc. will provide uniformed contract security officer(s) to patrol the public streets in the neighborhoods of the Capistrano Villas I, II & III to issue citations for vehicles parked in violation of the parking permit program. 2. Security Officers will patrol seven days a week between the hours of 3:00 a.m. and 6:00 a.m. to identify vehicles which are not displaying approved parking permits. 3. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 4. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. 5. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 6. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 7. Contract security personnel will drive Securtec District Patrol, Inc. vehicles. EXHIBIT "B" Compensation and Payment 1. The City agrees to pay Securtec District Patrol, Inc. $22,800 for all services performed. 2. Consultant shall submit monthly invoices of$1900.00 for services. 3. The City shall make payments within 14 days of receipt of Consultant's bill. 4. Payments shall be made to Securtec District Patrol, Inc. 5. The parties understand and agree that the City's payments to Consultant as compensation under this Agreement shall not exceed Twenty Two Thousand Eighty Hundred Dollars ($22,800.00). 32400 PASEO ADEIANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i Il(�, SAM AL4EVAT0 (949)493-1171 (949)493-1053 FAX J,� IOURVORRTID DIANE L.BATHGATE (STRI(ISHII 1961 WYATT HART www.sanjuancapistran o.org 1776 JOESOTO • • DAVID M.SWERDLIN NOTIFICATION OF MEE POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on July 6, 2004, in the City Council Chamber in City Hall, to consider: "Consideration of Renewal of Personal Services Agreement for Parking Enforcement in the Capistrano Villas (Securtec District Patrol, Inc.)" — Item No. D9 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 12:00 p.m. on Tuesday, July 6, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michael Cantor, Senior Management Analyst. You may contact that staff member at (949) 234-4565 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.san*uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasasanivancapistrano.org. Thank you for your interest, Meg Monahan, CMC City Clerk cc: Securtec District Patrol, Inc.; Webb Community Management, Inc.; Michael Cantor, Senior Management Analyst * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future