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07-0619_SECURTEC DISTRICT PATROL, INC._Personal Services Agreement 1st AmdFIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Securtec District Patrol, Inc., ("Consultant") is made and entered into, to be effective the 4th day of March 2008, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated June 19, 2007 for Supplemental Parking Enforcement Services (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement to add one additional enforcement officer starting April 1, 2008, for remainder of Agreement and to increase the monthly charge from $2400 to $4800, as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to the amend Section 3, Exhibit A and Exhibit B of the Agreement, commencing on April 1, 2008, as follows: Section 3. Compensation. 3.1 Amount Total Compensation for the scope of services for this Project shall not exceed Seventy - Two Thousand Dollars ($72,000.00) as set forth in Exhibit "B," attached and incorporated herein by reference. This is an increase of $14,400 to the total compensation provided for in the Agreement to cover the services of the additional enforcement officer from April 1, 2008 to June 30, 2009 (the end of the Agreement's term). Exhibit "A" Project Overview and Scope of Work. 1. Securtec District Patrol, Inc. will provide two (2) uniformed contract security officers to patrol the public streets in all neighborhoods in the City that have overnight parking permit programs. 3. One (1) security officer will be assigned to patrol the Capistrano Villas I, II & III every night from 3:00 a.m. to 6:00 a.m., and one (1) additional security officerwill be assigned to patrol all other neighborhoods in the City that have overnight parking permit programs every night from 3:00 a.m. to 6:00 a.m. -1- Exhibit "B" Compensation and Payment 1. The City agrees to pay Securtec District Patrol, Inc. $72,000 for all services performed from April, 1, 2008 to June 30, 2009. 2. Consultant shall submit monthly invoices of $4800 for services. 5. The parties understand and agree that the City's payments to Consultant as compensation under this Agreement shall not exceed Seventy -Two Thousand Dollars ($72,000.00). All other provisions of the Agreement not amended hereunder shall remain in full force and effect. n f APPROVED AS TO FORM: BY: 1fo&,Auwk� Omar Sandobal, City Attorney dZ CITYjO SA,N JVAN CAPISTRANO Soto, Mayor CONSULTAN By: 4aA. L o et i, President, CEO EXHIBIT "A" Project Overview and Scope of Work (First Amendment to Personal Services Agreement, Revised #1 and #3 per City Council on March 4, 2008) 1. Securtec District Patrol, Inc. will provide two (2) uniformed contract security officers to patrol the public streets in all neighborhoods in the City that have overnight parking permit programs. 2. Security officer(s) 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. One (1) security officer will be assigned to patrol the Capistrano Villas I, II & III every night from 3:00 a.m. to 6:00 a.m., and one (1) additional security officer will be assigned to patrol all other neighborhoods in the City that have overnight parking permit programs every night from 3:00 a.m. to 6:00 a.m. 4. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 5. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 7. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 8. Contract security personnel will drive Securtec District Patrol, Inc. vehicles. EXHIBIT "B" Compensation and Payment (First Amendment to Personal Services Agreement, Revised #1, #2 and #5 per City Council on March 4, 2008) 1. The City agrees to pay Securtec District Patrol, Inc. $72,000 for all services performed from April, 1, 2008 to June 30, 2009. 2. Consultant shall submit monthly invoices of $4800 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 Seventy -Two Thousand Dollars ($72,000.00). • 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of June 2007, 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 is a two-year Agreement and shall commence on July 1, 2007 and services required hereunder shall be completed by no later than June 30, 2009. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fifty Seven Thousand Six Hundred Dollars ($57,600.00) as set forth in Exhibit "B," attached and incorporated herein by reference. Securtec psa 07-09.doc - I - June 19, 2007 SD 0 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. The City will pay monthly progress payments based on approved invoices in accordance with this Exhibit "B." 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 07-09.doc - 2 - June 19, 2007 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 07-09.doc - 3 - June 19, 2007 0 0 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 Corrlprehensive 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 07-09.doc - 4 - June 19, 2007 1 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. 14.5 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 07-09.doc -5 - June 19, 2007 Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to consultant. 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: Michael 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 07-09 (2).doc - 6 - June 19, 2007 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ��� conrrc,�r©R 1 APPROVED AS TO FORM: John R. Shaw, City Attorney Securtec psa 07-09.doc - 7 - June 19, 2007 EXHIBIT "A" Project Overview and Scope of Work Securtec District Patrol, Inc. will provide uniformed contract security officer(s) to patrol the public streets in all neighborhoods in the City that have overnight parking permit programs 2. Security officer(s) 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) will patrol the Capistrano Villas I, II & III every night beginning at 3:00 a.m. Thereafter, security officer(s) will randomly patrol all other neighborhoods that have overnight parking permit programs until 6:00 a.m. 4. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 5. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 7. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 8. Contract security personnel will drive Securtec District Patrol, Inc. vehicles. 9 0 EXHIBIT "B" Compensation and Payment 1. The City agrees to pay Securtec District Patrol, Inc. $57,600.00 for all services performed from July 1, 2007 to June 30, 2009. 2. Consultant shall submit monthly invoices of $2400 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 Fifty Seven Thousand Six Hundred Dollars ($57,600.00). AGENDA REPORT TO: David F. Adams, City Manager <@4" FROM: Michael Cantor, Senior Management Analyst 3/4/2008 9 SUBJECT: Consideration of First Amendment to Personal Services Agreement for Parking Enforcement in the Overnight Parking Permit Zones (Securtec District Patrol, Inc.) RECOMMENDATION: By motion, approve the First Amendment to the Personal Services Agreement with Securtec District Patrol, Inc. to provide parking enforcement for the overnight parking permit program City-wide in the amount of $72,000 from April 1, 2008 to June 30, 2009. 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. In April 2005, enforcement was expanded to include all authorized overnight parking permit areas in the City. On June 19, 2007, the City Council approved a new two-year 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 City-wide. Since 2005 one Securtec Enforcement Officer has been assigned to the 3:00 a.m. to 6:00 a.m. shift. Over the last few years, the number of authorized permit parking zones in the City has steadily increased, and based on input from the Engineering and Building Department, additional permit zones are forthcoming. At the present time, one Enforcement Officer is not sufficient to patrol the number of overnight permit parking zones in the City. Therefore, staff proposes that one additional Securtec Enforcement Officer be assigned to the 3:00 a.m. to 6:00 a.m. shift to maintain coverage in the overnight permit parking zones throughout the City. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. Agenda Report Page 2 FINANCIAL CONSIDERATIONS: March 4, 2008 The current contract for one Securtec Enforcement Officer will expire on June 30, 2009. The First Amendment to the Agreement will be effective from April 1, 2008 to June 30, 2009. One Securtec Enforcement Officer is $2400 per month; two will be $4800 per month. The cost of the one additional enforcement officer will be off -set by permit fees and revenue collected from citations issued. NOTIFICATION: Securtec District Patrol, Inc. Webb Community Management, Inc. RECOMMENDATION: By motion, approve the First Amendment to the Personal Securtec District Patrol, Inc. to provide parking enforcement permit program City-wide in the amount of $72,000 from April Respectfully submitted, Michael Cantor Senior Management Analyst Services Agreement with for the overnight parking 1, 2008 to June 30, 2009. Attachment: 1. First Amendment to Personal Services Agreement 2. Personal Services Agreement approved by City Council on June 19, 2007 FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Securtec District Patrol, Inc., ("Consultant") is made and entered into, to be effective the 4th day of March 2008, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated June 19, 2007 for Supplemental Parking Enforcement Services (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement to add one additional enforcement officer starting April 1, 2008, for remainder of Agreement and to increase the monthly charge from $2400 to $4800, as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to the amend Section 3, Exhibit A and Exhibit B of the Agreement, commencing on April 1, 2008, as follows: Section 3. Compensation. 3.1 Amount Total Compensation for the scope of services for this Project shall not exceed Seventy - Two Thousand Dollars ($72,000.00) as set forth in Exhibit "B," attached and incorporated herein by reference. This is an increase of $14,400 to the total compensation provided for in the Agreement to cover the services of the additional enforcement officer from April 1, 2008 to June 30, 2009 (the end of the Agreement's term). Exhibit "A" Project Overview and Scope of Work. 1. Securtec District Patrol, Inc. will provide two (2) uniformed contract security officers to patrol the public streets in all neighborhoods in the City that have overnight parking permit programs. 3. One (1) security officer will be assigned to patrol the Capistrano Villas I, II & III every night from 3:00 a.m. to 6:00 a.m., and one (1) additional security officerwill be assigned to patrol all other neighborhoods in the City that have overnight parking permit programs every night from 3:00 a.m. to 6:00 a.m. 51 ATTACHMENT Exhibit "B" Compensation and Payment 1. The City agrees to pay Securtec District Patrol, Inc. $72,000 for all services performed from April, 1, 2008 to June 30, 2009. 2. Consultant shall submit monthly invoices of $4800 for services. 5. The parties understand and agree that the City's payments to Consultant as compensation under this Agreement shall not exceed Seventy -Two Thousand Dollars ($72,000.00). All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTEST: M Margaret R. Monahan, City Clerk APPROVED AS TO FORM: BY: 7 V Omar Sandobal, City Attorney WA CITY OF SAN JUAN CAPISTRANO 0 Joe Soto, Mayor COLe WarVA. By: I o etti, President, CEO :*:/:11-3kii/eW Project Overview and Scope of Work (First Amendment to Personal Services Agreement, Revised #1 and #3 per City Council on March 4, 2008) 1. Securtec District Patrol, Inc. will provide two (2) uniformed contract security officers to patrol the public streets in all neighborhoods in the City that have overnight parking permit programs. 2. Security officer(s) 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. One (1) security officer will be assigned to patrol the Capistrano Villas I, II & III every night from 3:00 a.m. to 6:00 a.m., and one (1) additional security officer will be assigned to patrol all other neighborhoods in the City that have overnight parking permit programs every night from 3:00 a.m. to 6:00 a.m. 4. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 5. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. 6. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 7. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 8. Contract security personnel will drive Securtec District Patrol, Inc. vehicles. EXHIBIT "B" Compensation and Payment (First Amendment to Personal Services Agreement, Revised #1, #2 and #5 per City Council on March 4, 2008) 1. The City agrees to pay Securtec District Patrol, Inc. $72,000 for all services performed from April, 1, 2008 to June 30, 2009. 2. Consultant shall submit monthly invoices of $4800 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 Seventy -Two Thousand Dollars ($72,000.00). � )y PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of June 2007, 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 is a two-year Agreement and shall commence on July 1, 2007 and services required hereunder shall be completed by no later than June 30, 2009. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fifty Seven Thousand Six Hundred Dollars ($57,600.00) as set forth in Exhibit "B," attached and incorporated herein by reference. Securtec psa 07-09.doc - 1 - June 19, 2007 ATTACHMENT 3.2 Method of Payment Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. The City will pay monthly progress payments based on approved invoices in accordance with this Exhibit "B." 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 07-09.doc - 2 - June 19, 2007 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. Indemni . 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 07-09.doc -3 - June 19, 2007 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 07-09.doc - 4 - June 19, 2007 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/TermMation 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 provisions have been satisfied. 14.8 Notice to Proceed. any compensation until all insurance 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 07-09.doc - 5 - June 19, 2007 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: Michael 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 07-09.doc - 6 - June 19, 2007 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF • VIW4�j�tc r � � /v/� .Ll Oi a - . • APPROVED AS TO FORM: John R. Shaw, City Attorney Securtec psa 07-09.doc - 7 - June 19, 2007 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 all neighborhoods in the City that have overnight parking permit programs 2. Security officer(s) 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) will patrol the Capistrano. Villas I, II & Ill every night beginning at 3:00 a.m. Thereafter, security officer(s) will randomly patrol all other neighborhoods that have overnight parking permit programs until 6:00 a.m. 4. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 5. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. 6. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 7. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 8. 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. $57,600.00 for all services performed from July 1, 2007 to June 30, 2009. 2. Consultant shall submit monthly invoices of $2400 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 Fifty Seven Thousand Six Hundred Dollars ($57,600.00). I 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 1 www. sanjuancapistrano. org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, March 4, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of First Amendment to Personal Services Agreement for Parking Enforcement in the Overhight Parking Permit Zones (Securtec Distric Patrol, Inc)" — Item No. D4. 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 Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 3, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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.sanwuancapistrano.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: cityclerk(isan ivancapistrano.orq. Meg Monahan, MMC 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 40 Printed on 100% recycled paper Joan Ross From: Mark A. Leonetti [Mark@SECURTEC.com] Sent: Thursday, March 13, 2008 12:58 PM To: 'Joan Ross' Subject: RE: Agreement Modification Ms. Ross, The amended section has been reviewed and is accepted as presented herein. Please call me with any questions as designated below. Mark A. Leonetti President, CEO SECURTEC District Patrol, Inc. 2691 Richter Ave. #111 Irvine, CA 92606-5124 ® (949) 833-1530 Ext. 2 ® (714) 240-9000 Cell ® (949) 752-6526 Fax www, SECU RTEC. com CA State License: PPO 10361 slurtimilt ui alwtrtet patrw ©I Exclusive Services Since 1984. Page 1 of 1 SECURTEC DISTRICT PATROL, INCORPORATED - E-MAIL DISCLAIMER: This communication and any documents, files, or previous e-mail messages attached to it constitute an electronic communication within the scope of the Electronic Communication Privacy Act, 18 USCA 2510. This communication may contain non-public, confidential, or legally privileged information intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under 18 USCA 2511 and any applicable laws. From: Joan Ross[mailto:JRoss@SanJuanCapistrano.org] Sent: Thursday, March 13, 2008 11:28 AM To: 'Mark Leonetti (mark@securtec.com)' Subject: Agreement Modification Good Morning Mr. Leonetti: Attached is the section of the agreement that council requested changes to at the March 4, 2008 council meeting. If these changes are acceptable, please email your consent to the changes. Thank you, loan Wpss Administrative Coordinator City Manager's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949-443-6315 949-488-3874(fax) 3/13/2008 Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to consultant. 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: Michael 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. • • 6/19/2007 AGENDA REPORT D12 TO: David F. Adams, City Manager $�)h FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of Personal Services Agreement for Parking Enforcement in the Overnight Parking Permit Zones (Securtec District Patrol, Inc.) By motion, approve the two-year Personal Services Agreement with Securtec District Patrol, Inc. to provide parking enforcement for the overnight parking permit program City-wide in the amount of $57,600 from July 1, 2007 to June 30, 2009. 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. In April 2005, enforcement was expanded to include all authorized overnight parking permit areas in the City. This is a two-year 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 City-wide. The Overnight Parking Permit Program began in 1994 with the Capistrano Villas II and III; Capistrano Villas I joined the program in 2000. Enforcement up to this time was conducted by Police Services. By 2000 the scope of the program had grown to the point where Police Services could not provide consistent nightly parking patrol coverage from 3:00 a.m. to 6:00 a.m. when on call for higher priority incidents. In 2001, the City contracted with Securtec to provide the much needed specialized nightly enforcement. To provide enforcement, one Securtec employee is assigned to the 3:00 a.m. to 6:00 a.m. shift. The Capistrano Villas neighborhood is patrolled every night and all other overnight areas are patrolled thereafter as time permits. Based on community response, this type of enforcement appears to be effective. The Personal Services Agreement does not require Securtec to provide employees that are bilingual. In the five 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. Agenda Report • • Page 2 June 19, 2007 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. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: This is the first year of a two year contract. Funds in the amount of $28,800 have been allocated in the fiscal year budget 2007-2008 for Securtec to provide service from July 1, 2007 to June 30, 2008. Funds will be allocated in the second year of the contract for fiscal year budget 2008-2009. The new contract represents a $6,000 a year increase over the last contract. This is the first increase in five years, and is based on escalating fuel costs, employee wage increases and the higher costs of health benefits. The cost of the program is off -set by revenue collected for the issuance of parking citations for no permit or invalid permit displayed, which averages more than $50,000 per year. NOTIFICATION: Securtec District Patrol, Inc. Webb Community Management, Inc. RECOMMENDATION: By motion, approve the two-year Personal Services Agreement with Securtec District Patrol, Inc. to provide parking enforcement for the overnight parking permit program City-wide in the amount of $57,600 from July 1, 2007 to June 30, 2009. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Personal Services Agreement 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 19th day of June 2007, 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 is a two-year Agreement and shall commence on July 1, 2007 and services required hereunder shall be completed by no later than June 30, 2009. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fifty Seven Thousand Six Hundred Dollars ($57,600.00) as set forth in Exhibit "B," attached and incorporated herein by reference. Securtec psa 07-09.doc - 1 - June 19, 2007 ATTACHMENT 0 3.2 Method of Payment. 0 Consultant shall submit monthly invoices based on total services which have been satisfactorily completed. The City will pay monthly progress payments based on approved invoices in accordance with this Exhibit "B." 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 07-09.doc - 2 - June 19, 2007 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 07-09.doc -3 - June 19, 2007 0 0 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 07-09.doc - 4 - June 19, 2007 0 14.3 Worker's Compensation. 49 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 07-09.doc -5 - June 19, 2007 0 0 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: Michael 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 07-09.doc - 6 - June 19, 2007 0 r 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO Bv: Sam Allevato, Mayor N�e�F- coN'Ti�acTOR By:� Mark A. e ett1, President, CEO ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: &4 John R. Shaw, City Attorney Securtec psa 07-09.doc - 7 - June 19, 2007 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 all neighborhoods in the City that have overnight parking permit programs 2. Security officer(s) 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) will patrol the Capistrano Villas I, II & III every night beginning at 3:00 a.m. Thereafter, security officer(s) will randomly patrol all other neighborhoods that have overnight parking permit programs until 6:00 a.m. 4. The security officer(s) are expected to issue citations for vehicles parked in violation of the parking permit program only. 5. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. 6. Securtec District Patrol, Inc. will provide proper training to those contract security officer(s) in advance of their assignment(s). 7. Contract security personnel will submit all citations and citation log to the Orange County Sheriffs Department at the end of each shift. 8. Contract security personnel will drive Securtec District Patrol, Inc. vehicles. 0 EXHIBIT "B" Compensation and Payment 1. The City agrees to pay Securtec District Patrol, Inc. $57,600.00 for all services performed from July 1, 2007 to June 30, 2009. 2. Consultant shall submit monthly invoices of $2400 for services. 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 Fifty Seven Thousand Six Hundred Dollars ($57,600.00). 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 RAX www - santuancapistrano. org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 19, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Parking Enforcement in the Overnight Parking Permit Zones (Securtect District Patrol, Inc)" — Item No. D12. 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 Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 18, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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.sanivancapistrano.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: cityclerkCa)sanivancapistrano.org. Meg Monahan, MMC 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 0 Printed on 100% recycled paper Page 1 of 1 Maria Morris From: Maria Morris Sent: Thursday, March 06, 2008 3:31 PM To: Michael Cantor Subject: Securtec Amendment Hi Michael, Per council action, please add to the amendment "City shall have the right to terminate this agreement without cause by giving thirty (30) days advance written notice of termination to consultant' Thankslll Maria Morris Deputy City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6309 (949)493 -1053 -Fax 3/6/2008 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Mark A. Leonetti Securtec District Patrol, Inc. 2691 Richter Ave., Suite 111 Irvine, CA 92606 DATE: March 20, 2008 MEMBERS OF THE CITU COUNCIL SAMALLEVATO IA(XnOAAlFO THOMAS W. HRIBAR IFXXuuSXfX I IBBI MARK NIELSEN .7 JOE SOTO • • DR. LDNDRES USO FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Amendment to Personal Services Agreement — Parking Enforcement Services Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. An original First Amendment is enclosed for your records. Also, the revised page six of the original agreement is enclosed for your records. Cc: Michael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future A �� Printed on 100% recycled paper 0 32400 PASEO ADEll SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAx www.sanjuancapistrano.org TRANSMITTAL Mark A. Leonetti, President Securtec District Patrol, Inc. 2691 Richter Ave., #111 Irvine, CA 92606 DATE: June 20, 2007 Javan m IA[IIIIIAIfI ' EST LAu1Xm 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Personal Services Agreement — Parking Enforcement Services MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. An original agreement is enclosed for your records. Cc: Michael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper