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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. 0 0 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. 2 0 0 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. 3 0 0 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. rd 0 0 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 61 0 0 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. 9 0 0 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. vA 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUANCAPIST O 2,& 1 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 40 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 0 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. ATTACHMENT 0 0 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. 9 0 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. 3 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. 0 9 0 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 5 0 0 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. R 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