09-0707_SECURTEC DISTRICT PATROL, INC._Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 7th day
of July, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Securtec, District Patrol, Inc. (hereinafter referred to as the "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. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This is a two-year Agreement and shall commence on July 7, 2009 and services
required hereunder shall be completed by no later than June 30, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Ninety -Nine
Thousand Seventy -Two Dollars ($99,072.00) as set forth in Exhibit "B," attached and
incorporated herein by reference
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
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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 8. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed 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 the 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.
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Section 9. Compliance with Law: E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.aov, or
access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant
shall certify its registration with E -Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
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. Copies of Work Product
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. 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.
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Section 13. Backaround 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. Indemni .
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
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Section 15. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
15.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
15.2 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 an amount not less than one million dollars per occurrence
($1,000,000.00).
15.3 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.
15.4 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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
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by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
15.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
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 City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
15.6 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.
15.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
15.8 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.
Section 16. 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 by any party 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.
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Section 17. 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
To Consultant: Securtec District Patrol, Inc.
PO Box 28525
Anaheim, CA 92809-8525
Attn: Mark A. Leonetti
Section 18. 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 19. 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 20. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUANCAPIST O
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By:
M rk ielsen, Mayo
CONSULTAAT
,.L.Md
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
EXHIBIT "A"
Project Overview and Scope of Work
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 officers will patrol six 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 one night each week that shall not have enforcement coverage shall
be rotated between Tuesday, Wednesday and Thursday.
4. One (1) security officer will be assigned to patrol the Capistrano Villas I, II
& III six nights 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 from 3:00 a.m. to 6:00 a.m.
5. The security officer(s) are expected to issue citations for vehicles parked
in violation of the parking permit program only.
6. Citation books will be issued to security officer(s) by the City of San Juan
Capistrano.
7. Securtec District Patrol, Inc. will provide proper training to those contract
security officer(s) in advance of their assignment(s).
Contract security personnel will submit all citations and citation log to the
San Juan Capistrano Police Services (Orange County Sheriffs
Department) at the end of each shift.
Contract security personnel will drive Securtec District Patrol, Inc.
vehicles.
July 7, 2009
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EXHIBIT "B"
Compensation and Payment
1. The City agrees to pay Securtec District Patrol, Inc. $99,072 for all
services performed from July 7, 2009 to June 30, 2011.
2. Consultant shall submit monthly invoices of $4128 for services.
3. Consultant shall not charge the City for the following three holidays that
the security officers will not be working: New Years Day, Thanksgiving
Day & Christmas Day. A pro -rated credit will be issued to the City on the
monthly invoice.
4. If the security officers are unable to cover an assigned shift, the
Consultant will issue a pro -rated credit on the monthly invoice.
5. The City shall make payments within 14 days of receipt of Consultant's
bill.
6. Payments shall be made to Securtec District Patrol, Inc.
7. The parties understand and agree that the City's payments to Consultant
as compensation under this Agreement shall not exceed Ninety -Nine
Thousand Seventy -Two Dollars ($99,072.00).
July 7, 2009
• • 7/7/2009
AGENDA REPORT D10
TO: Joe Tait, Interim City Manager 0 -
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.).
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 $99,072 from July 7, 2009 to June 30, 2011.
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. In March 2008, enforcement was
increased from one officer to two in order to cover the expanded overnight parking
permit areas in the City. This is a two-year Personal Services Agreement for Securtec
to provide parking enforcement 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, two Securtec employees are assigned to the 3:00 a.m. to 6:00
a.m. shift.
The Personal Services Agreement does not require Securtec to provide employees that
are bilingual. In the seven 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 July 7, 2009
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 $49,536 have been
allocated in the fiscal year budget 2009-2010 for Securtec to provide service from July 7,
2009 to June 30, 2010. The new contract amount represents a 14% decrease from last
year's contract. This has been facilitated by reducing the coverage from seven nights to
six. 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 $60,000
per year.
NOTIFICATION:
Securtec District Patrol, 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 $99,072 from July 7, 2009 to June 30, 2011.
Respectfully submitted,
Michael Cantor
Senior Management Analyst
Attachment:
1. Personal Services Agreement
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 7th day
of July, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Securtec, District Patrol, Inc. (hereinafter referred to as the "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. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This is a two-year Agreement and shall commence on July 7, 2009 and services
required hereunder shall be completed by no later than June 30, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Ninety -Nine
Thousand Seventy -Two Dollars ($99,072.00) as set forth in Exhibit "B," attached and
incorporated herein by reference
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
ATTACHMENT
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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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed 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 the 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.
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Section 9. Compliance with Law; E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or
access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant
shall certify its registration with E -Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
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. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 12. 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.
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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. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
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Section 15. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
15.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
15.2 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 an amount not less than one million dollars per occurrence
($1,000,000.00).
15.3 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.
15.4 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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
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by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
15.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
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 City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
15.6 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.
15.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
15.8 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.
Section 16. 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 by any party 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.
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Section 17. 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
To Consultant: Securtec District Patrol, Inc.
PO Box 28525
Anaheim, CA 92809-8525
Attn: Mark A. Leonetti
Section 18. 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 19. 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 20. 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.
7
9
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
Mark Nielsen, Mayor
CONSULTANT
By:
M rA.(PAresideLntCE0k Leon
E:3
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.
2. Security officers will patrol six 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 one night each week that shall not have enforcement coverage shall
be rotated between Tuesday, Wednesday and Thursday.
4. One (1) security officer will be assigned to patrol the Capistrano Villas I, II
& III six nights 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 from 3:00 a.m. to 6:00 a.m.
5. The security officer(s) are expected to issue citations for vehicles parked
in violation of the parking permit program only.
6. Citation books will be issued to security officer(s) by the City of San Juan
Capistrano.
7. Securtec District Patrol, Inc. will provide proper training to those contract
security officer(s) in advance of their assignment(s).
8. Contract security personnel will submit all citations and citation log to the
San Juan Capistrano Police Services (Orange County Sheriffs
Department) at the end of each shift.
9. Contract security personnel will drive Securtec District Patrol, Inc.
vehicles.
July 7, 2009
•
EXHIBIT "B"
Compensation and Payment
40
1. The City agrees to pay Securtec District Patrol, Inc. $99,072 for all
services performed from July 7, 2009 to June 30, 2011.
2. Consultant shall submit monthly invoices of $4128 for services.
3. Consultant shall not charge the City for the following three holidays that
the security officers will not be working: New Years Day, Thanksgiving
Day & Christmas Day. A pro -rated credit will be issued to the City on the
monthly invoice.
4. If the security officers are unable to cover an assigned shift, the
Consultant will issue a pro -rated credit on the monthly invoice.
5. The City shall make payments within 14 days of receipt of Consultant's
bill.
6. Payments shall be made to Securtec District Patrol, Inc.
7. The parties understand and agree that the City's payments to Consultant
as compensation under this Agreement shall not exceed Ninety -Nine
Thousand Seventy -Two Dollars ($99,072.00).
July 7, 2009
32400 PASIo Ao£LANTO
SAN JUAN CAPISTRANO, CA 92675
(949)4931171
(949) 4931033 FAIL
ti'iYIS(Yaiifd[7gCA�rtfilYLNi20rV�
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAMALLEVATO
LAURAFREESE
7HOMM W. HRIBAR
MARK NIELSEN
DR LONDRES USO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, July 7, 2009 in
the City Council Chamber in City Hall, to consider: "Consideration of Personal Services
Agreement for Parking Enforcement in the Overnight Parking Permit Zones
(Securtec District Patrol, Inc.) " — Item No. D10.
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, July 6, 2009 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.sanivancapistrang-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:
citvclerkaC--.sanivancapi trano.org.
Meg Monahan, MMC
City Clerk
cc: Securtec District Patrol, Inc.
San Juan Capistranrr: Preserving the Past 10 Enhance the h'utrtrr
Today's Date: 6/18/09 • --1 h I09
)�)\o
CONTRACT TRANSMITTAL
CIP No. (if any):
Project Manager's Last Name: Michael Cantor Phone Extension: X 4565
Council or CRA Meeting Date (if applicable): 07/07/09
APPROVING AUTHORITY: (Check One)
N Mayor
EB CRA Chair
E3 City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to
be recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing
address is included within the body of the agreement: (Not necessary if information is included in the
contract)
Names Street Cit St Zi
OTHER INSTRUCTIONS:
1. Please return a copy of executed agreements for our files
(k ` ��
3
Christy Jaki
• 0 Page 1 of 1
From:
Christy Jakl
Sent:
Tuesday, July 14, 2009 9:51 AM
To:
Michael Cantor
Subject:
Securtec
Hi Michael,
Before we can fully execute and send out Securtec's most recent agreement, we need to
receive their General Liability Certificate and General Liability Endorsement form. The form we
have on file expired on June 28, 2009. I sent them a letter on May 29, 2009 requesting new
insurance. They may need reminding.
Thanks!
Christi Jakl
Administrative Specialist, City Clerk's Office
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
7/14/2009
32400 PASEO ADEIANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
Securtec District Patrol, Inc
Attn: Mark A. Leonetti
PO Box 28525
Anaheim, CA 92809-8525
DATE: July 16, 2009
11101OI110
FSIIIIISIN
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
RE: Personal Services Agreement — Supplemental Parking Enforcement Services
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance. Keep in mind this documentation must remain current with our office
during the term of this agreement.
Please be aware, our office still needs to receive an E -verify certificate as outlined in your
contract under Section 9. If you have questions related to insurance and E -verify
requirements, please call me at (949) 443-6310.
If you have questions concerning the agreement, please contact Michael Cantor, Senior
Management Analyst at (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% retydetl paper