13-0701_SECURTEC DISTRICT PATROL, INc._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 1st
day of July, 2013, 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 one year Agreement and shall commence on July 1, 2013 and services
required hereunder shall be completed by no later than June 30, 2014, with an option
for a two year extension from July 1, 2014 to June 30, 2016 (if deemed appropriate by
the City Manager).
Section 3. · Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Forty-
Nine Thousand Five Hundred Thirty-Six Dollars ($49,536.00) as set forth in Exhibit "8,"
attached and incorporated herein by reference. If the Agreement is extended for an
additional two years, total compensation for the services hereunder shall not exceed
Forty-Nine Thousand Five Hundred Thirty-Six Dollars ($49,536.00) for each year of the
extension as set forth in Exhibit "8," attached and incorporated herein by reference.
1
3.2 Method ofPayment.
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. -
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
2
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.
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. 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.
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
3
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.
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 und·er 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.
4
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 by Consultant. The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
15.5 [RESERVED]
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.
5
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 (1 0) 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 (1 0) day cure period.
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:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Michael Cantor, Safety & Emergency Services Manager
Securtec District Patrol, Inc.
PO Box 28525
Anaheim, CA 92809-8525
Attention: Mark A. Leonetti, President, CEO
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. ·
[SIGNATURE PAGE FOLLOWS]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
7
EXHIBIT "A"
Project Overview and Scope of Work
1. Securtec District Patrol, Inc. (Securtec) shall 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 assigned to work in the City, their supervisors, and the
principal owners of the company shall complete background checks on all
employees to be assigned to work in the City, their supervisors, and the
principal owners of the company. The background checks will be
conducted by the City at the City's expense.
3. Securtec shall submit to the City proof that all Security Officers assigned
to perform under this Agreement have been issued the required State of
California certifications and or licenses that are required for all weapons
and equipment used while assigned in the City. These certifications shall
be submitted annually.
4. Securtec shall provide proper training to those contract security officer(s)
in advance of their assignment(s). A signed Affidavit by each employee
shall be forwarded to the City upon completion of said training.
Security officers will patrol six days a week between the hours of 3:00a.m.
and 6:00 a.m. to identify vehicles which are not displaying approved
parking permits.
6. The one night each week that shall not have enforcement coverage shall
be rotated between Tuesday, Wednesday and Thursday.
7. One (1) security officer will be assigned to patrol the Capistrano Villas I, II
& Ill six nights from 3:00 a.m. to 6:00 a.m., and one (1) security officer will
be assigned to patrol all other neighborhoods in the City that have
overnight parking permit programs from 3:00a.m. to 6:00a.m.
8. When the assigned security officers have completed patrol of all assigned
overnight parking permit program streets, they shall begin a second patrol
of all overnight parking permit program streets.
9. Securtec shall issue citations for vehicles parked in violation of the parking
permit program only.
10. Securtec shall submit to the City a list of repeat offenders of five or more
parking citations in the first week of every month.
EXHIBIT "A"
Project Overview and Scope of Work
(Continued)
11. Citation books will be issued to security officer(s) by the City of San Juan
Capistrano.
12. Securtec shall submit all citations to the San Juan Capistrano Police
Services (Orange County Sheriff's Department) at the end of each shift.
13. Securtec personnel shall submit nightly logs of streets patrolled to the San
Juan Capistrano Police Services (Orange County sheriff's Department), as
requested.
14. Contract security personnel will drive Securtec District Patrol, Inc.
vehicles.
15. Securtec shall provide a proprietary program for Safe Listing vehicles for
the Capistrano Villas I, II & Ill. This program shall be coordinated through
a designated property manager for the Capistrano Villas I, II & Ill.
2
EXHIBIT "8"
Compensation and Payment
1. The City agrees to pay Securtec District Patrol, Inc. $49,536 for all
services performed from July 1, 2013 to June 30,2014.
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 Year's 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 Forty-Nine
Thousand Five Hundred Thirty-Six Dollars ($49,536.00) from July 1, 2013
to June 30, 2014.
8. If City exercises option to extend the Agreement for an additional two
years from July 1, 2014 to June 30, 2016, the parties understand and
agree that the City's payments to Consultant as compensation under this
Agreement shall not exceed Forty-Nine Thousand Five Hundred Thirty-Six
Dollars ($49,536.00) annually.
3
32.400 PASEO ADELANTO
SAN JUAN CAPISTRANO, 92675
(949) .493··1171
(949} 493·1053 FAX
TRANSMITTAL
TO:
Securtec District Patrol, Inc.
Attn: Mark Leonetti, President
PO Box 28525
Anaheim, CA 92809
DATE: June21,2013
FROM: Manny Ruelas, Office Assistant (949) 443-6308
RE: Personal Services Agreement-Supplemental Parking Enforcement.
MEMBERS OF THF. CITY COUNCIL
SAM ALLEVA TO
ROY L BYRNES, MD.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
Thank you for providing 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
the agreement. If you have questions related to insurance requirements, please call Manny
Ruelas, Office Assistant at (949) 443-6308.
If you have questions concerning the agreement, please contact Michael Cantor, Safety &
Emergency Services Manager at (949) 443-6317.
Enclosed is an Original Amendment for your records.
Cc: Michael Cantor, Safety & Emergency Services Manager
5/7/2013
011
. Agenda R~ort
TO: Karen P. Brust, City Managf'VJ
FROM: Tom Bokosky, Human ResourcesfMana
Prepared by: Michael Cantor, Safety & Emergency Services Manager~
DATE: May 7, 2013
SUBJECT: Consideration of a Personal Services Agreement for Parking Enforcement
in the Overnight Parking Permit Zones (Securtec District Patrol, Inc.)
RECOMMENDATION:
By motion, approve the Personal Services Agreement with Securtec District Patrol, Inc.,
to provide parking enforcement for the City's overnight parking permit program for an
initial one (1) year term, for an amount not to exceed $49,536 (July 1, 2013 to June 13,
2014) with a possible two (2) year extension (July 1, 2014 to June 30, 2016) at the
same annual cost, and authorize the City Manager to exercise the 2-year option, if
deemed appropriate.
EXECUTIVE SUMMARY:
The City processed a Request for Proposal (RFP) for Supplemental Parking
Enforcement for the City's overnight parking permit restriction areas (Attachment 1 ).
The City received and reviewed three proposals, and selected Securtec District Patrol,
Inc. (Securtec) as the company with the most experience and knowledge of the
program, as well as the lowest bid.
This is a one (1) year Personal Services Agreement (PSA) with Securtec to provide
parking enforcement, from 3:00a.m. to 6:00 a.m., of the City's overnight parking permit
restriction areas, in an amount not to exceed $49,536 (Attachment 2).
DISCUSSION/ANALYSIS:
The RFP was for a one-year term with an option to extend for two more years
(Attachment 1, page 5). The City has contracted with Securtec since 2001 and has an
existing two (2) year PSA with Securtec, which expires on June 30, 2013. If the City
exercises the option to extend the PSA from July 1, 2014 through June 30, 2016,
Securtec has agreed to continue to provide services at the proposed rate of $49,536.
City Council Agenda Repc... l
May 7, 2013
Pa e 2 of 2
Three (3) proposals received were as follows:
1. Securtec-$49,536
2. Central Parking -$56,648
3. Patrol One -$63,648
Police Services reviews all parking citations issued by Securtec before submitting them
to the processing center.
FISCAL IMPACT:
The Adopted Fiscal Year 2013/2014 Budget for parking enforcement services is
$49,536 (Account# 01-411 00-62503-00000-000).
Securtec's service fees have not increased since 2009. 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.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On June 30, 2011, the City Council approved a two (2) year Personal Services
Agreement with Securtec to provide parking enforcement for the City's overnight
parking permit program, for an amount not to exceed $49,536 for Fiscal Year
2011/2012 and for an amount not to exceed $49,536 for Fiscal Year 2012/2013.
· • On July 7, 2009, the City Council approved a two (2 year Personal Services
Agreement with Securtec to provide parki.ng enforcement for the City's overnight
parking permit program, for an amount not to exceed $49,536 for Fiscal Year
2009/2010 and for an amount to exceed $49,536 for Fiscal Year 2010/2011.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Securtec District Patrol, Inc.
ATTACHMENTS:
Attachment 1 -Request for Proposals
Attachment 2-Personal Services Agreement for Securtec District Patrol, Inc.
CITY OF SAN JUAN CAPISTRANO
Request for Proposals (RFP) and Specifications
For
SUPPLEMENTAL PARKING ENFORCEMENT SERVICES
Date: March 19, 2013
Department: Police Services
Project Name: Supplemental Parking Enforcement Services
Proposal Due Date: April11, 2013, prior to 5:00p.m.
Proposals must be submitted to the:
City of San Juan Capistrano
Police Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Cantor
Safety & Emergency Services Manager
PROPOSAL REQUIREMENTS
A. General Invitation of Proposals
The City of San Juan Capistrano is inviting qualified firms to submit proposals
for Supplemental Parking Enforcement Services for one year commencing on
July 1, 2013, with the option, at the City's sole discretion, to award two (2)
additional years upon successful demonstration of exemplary contract
performance. The purpose of this Request for Proposals (RFP) is to have a
qualified, professional and responsive firm to provide the Supplemental Parking
Enforcement Services to the City of San Juan Capistrano ..
Copies of the Request for Proposals may be obtained at the City Clerk's Office,
32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
Questions regarding the Request for Proposal should be directed to Michael
Cantor, Safety & Emergency Services Manager at (949) 234-4565 or
Mcantor@sanjuancapistrano.org.
Proposals will be received by the City of San Juan Capistrano, Police Services
Department, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 until
5:00 p.m. on April 11, 2013.
1 Attachment 1
B. Scope of Work
The scope of work includes, but is not limited to overnight parking enforcement
for streets authorized for permit parking only throughout the City.
Contractor shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the Chief of Police Services or his designee.
See "Exhibit A" for the specifics of the Scope of Work.
See Sample "Violation Notice" for list of all City streets to be patrolled.
C. Examination of Work Area
Prior to submitting a proposal, proposers are responsible for familiarizing
themselves with the applicable permit parking streets in order to understand the
sites and determine the scope of the work area.
Submission of a proposal shall be deemed conclusive evidence that such a tour
has been made by each proposer and shall constitute a waiver by each of all
claims of error in the proposal, withdrawal of the proposal, or combination
thereof, under the executed agreement, or any revision thereof. As a part of its
specifications, the City will provide upon request all available information, which it
deems, may be of assistance to perspective proposers.
It should be noted that streets to be monitored for parking enforcement will be
determined at the sole discretion of the City of San Juan Capistrano.
D. Basis of Award
City Council is not obligated to award a contract and reserves the right to reject
all proposals. If City Council determines to award a contract, it is not obligated to
make the award to the low proposer. Other factors will be considered by the City
Council, such as evidence of satisfactory performance under other contracts,
financial condition, and such other evidence as might convince City Council that
any one proposal would provide the most effective, economic and reliable service
to the City. The award, if given, will be within ninety (60) calendar days after
opening proposals.
The City will evaluate the information submitted. The evaluation will consider but
not limited to the following criteria:
1. Approach to the work including task breakdown and staffing.
2. Experience and technical competence of your firm and key people on
similar projects.
3. Reports of references, and the willingness to agree to all terms of the
Professional Services Agreement.
4. Fee.
The City of San Juan Capistrano reserves the right to accept or reject any or all
proposals or to waive any defects or irregularities in the proposals or selection
processes.
2
E. Execution of Agreement
The agreement shall be signed by the successful proposer and returned with the
required insurance within ten (1 0) days, not including Sundays and legal
holidays, after the City has provided written notice that the contract has been
awarded. Failure to execute agreement and file acceptable insurance
documents as provided herein shall be just cause, at City option, for annulment
of the contract award.
Should the successful proposer decline to execute a contract, City Council has
the option to either reject all proposals and call for new proposals or accept one
of the other proposals.
F. Qualifications of Proposers
All proposers shall furnish satisfactory evidence to the City that they have
operated or are presently operating a Parking Enforcement Service of the type
similar to the operation described herein. If they have not operated such a
system, they must show that they have had sufficient experience in comparable
fields or employ qualified personnel to comply with the requirements of this
agreement.
1. Work History/Experience: In order to determine the eligibility of the proposers,
proposers shall submit a work history listing of other public entities for whom
the proposer has performed similar work, including names, addresses, fax
and telephone numbers. Existing services will be subject to inspection by the
City. Proposers without the experiences herein described but with sufficient
experience in a comparable field should show that they will have responsible
management personnel who are qualified to plan, supervise, direct, and
operate the service delineated in the specifications and contract.
2. Key Personnel: As an attachment to the proposal, all proposers shall include
a listing, with qualifications, of personnel who have had experience in
supervising, Parking Enforcement personnel, and other employees who will
be associated with the service. Also provide resumes of the key personnel
involved with this service. For the project manager, include information for
three recent services.
3. Services: Discuss the methods and procedures that will be used in providing
the service and also as required in Other Specifications (below).
4. Eguipment: As an attachment to the proposal, all proposers shall provide a
list of all equipment to be used by the Parking Enforcement personnel.
5. Employees: Contractor agrees that all individuals employed in this program
will be employees of Contractor and Contractor will provide recruitment,
hiring, and firing of employees.
3
A Pre-employment Screening Program shall include:
• Employment Reference Check
• No prior felony convictions
• Criminal background check/fingerprinting service for Parking
Enforcement personnel
• Social Security Verification
Contractor will ensure each individual is able to effectively comprehend and
communicate in English; be in good physical and mental health (a medical
history questionnaire is completed).
6. Payroll: Contractor, including the actual processing/distribution of payroll
checks, processing payroll reports, etc. will handle all payroll services.
7. Training Session: The Contractor shall provide training to all Parking
Enforcement personnel and provide the City with certification of said training.
Contractor must provide all employees a Training Manual that governs the
Parking Enforcement Program. A signed Affidavit by each employee shall be
forwarded to the City at the end of the training. A copy of the training manual
shall be included in the Proposal.
8. Financial Responsibility: All proposers shall be required to demonstrate to the
satisfaction of the City that they have adequate financial resources to perform
the services required by these specifications. No contract will be awarded to
any proposer who, as determined by the City, has an unsatisfactory
performance record or inadequate experience, or who at any time lacks the
necessary financial resources to provide the services in strict accordance with
the specifications.
G. Other Specifications
1. Contractor is expected to assure and· enforce safety and proper street
. etiquette at all times while conducting parking enforcement.
2. Contractor shall designate at least one person as a Supervisor for all
locations in San Juan Capistrano.
3. Contractor shall schedule an orientation meeting with the City of San Juan .
Capistrano to coordinate the requirements of the Agreement no later than one
week prior to the commencement of the Contract.
4. Contractor agrees to permit City of San Juan Capistrano to inspect its records
with respect to services performed pursuant to the Agreement upon giving
reasonable notice.
5. The Contractor must perform drug-screening test, and incorporate a written
Corporate Policy on your organization's "Drug and Alcohol Free
Environment."
4
6. Locations: See Sample "Violation Notice" for list of all City streets to be
patrolled.
7. Contractor must provide a proprietary program for Safe Listing vehicles for
the Capistrano Villas I, II & Ill. This program will be coordinated through a
designated property manager for the Capistrano Villas I, II & Ill. The program
must maintain records of all citations issued.
H. Claim for Payment
The Contractor shall submit a claim for payment to the Chief of Police Services
or his designee monthly. The claim, when submitted by the Contractor, shall
constitute certification under penalty of perjury that the work claimed for payment
was completed in accordance with the terms of the contract.
I. Term of Agreement
This Contract shall take effect July 1, 2013, and shall continue until June 30,
2014, with the option, at the City's sole discretion, to award two (2) additional
years upon successful demonstration of exemplary contract performance, unless
earlier terminated pursuant to the provisions herein. However, this contract will
be subject to annual reviews prior to commencement of work for the following
year. This review will evaluate work performed and level of service provided.
Renewal is at the City's discretion.
J. Termination of Contract
See attached Agreement.
K. Indemnification/Insurance
See attached Agreement.
L. Proposal Format and Content
In addition to reading and understanding the requirements of Proposal
Requirements, A-K, each proposal shall contain the following and be submitted
using the same sequence. To preserve uniformity and to facilitate. the award of a
contract, all proposals must include the "Proposal Form" provided (Appendix "A").
However, supplementary sheets should be added as necessary to supplement
and clarify responses to this Request for Proposal. Failure to use City form shall
be grounds for non-consideration of the proposal. In addition, all proposals must
comply with the following:
1. All submittals must meet the requirements set forth in the Request for
Proposal.
2. All proposals must be submitted in a sealed envelope, addressed to the City
at the above-referenced address. Each sealed envelope containing an
Original Proposal and three (3) copies must be plainly marked on the outside
as "Supplemental Parking Enforcement Services" with Contractor's name,
address, and his/her license number, if applicable. If forwarded by mail, the
sealed envelope containing the Proposal must be enclosed in another
5
envelope addressed to the City of San Juan Capistrano, Police Services
Department, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
3. A statement that this RFP shall be incorporated in its entirety as a part of the
Contractor's quote.
4. A statement that this RFP with all of its Appendix and the Contractor's
proposal will jointly become the Scope of Work (Exhibit "A" and Exhibit "B" of
the contract agreement) for this project.
5. A written statement of your firm's willingness to accept the terms of the
agreement.
6. A statement that the services to be provided, and fees therein, will be in
accordance with the City's RFP.
7. ~ single and separate section with the heading "Exceptions to the City's
Request for Proposals" containing a complete and detailed description of all
of the exceptions to the provisions and conditions of this RFP upon which the
Contractor's proposal is contingent and which shall take precedent over this
RFP.
8. A written statement by the Contractor that all federal laws and regulations
shall be adhered to notwithstanding any state or local laws and regulations.
In case of conflict between federal, state, or local laws or regulations, the
strictest shall be adhered to.
9. A written statement by the Contractor shall allow all authorized federal, state,
county, and the City of San Juan Capistrano officials access to place of work,
books, documents, papers, fiscal, payroll materials, and other relevant
contract records pertinent to this project. All relevant records shall be
retained for at least five (5) years.
1 O.A written statement that the Contractor will not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or
national origin.
11.A written statement that the Contractor shall comply with the California Labor
Code.
12.A written statement that the Contractor shall comply with the Copeland Anti-
kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3)
issued pursuant thereto, and any amendments thereof.
13;A copy of the training manual shall be included in the Proposal.
14.A Statement of Qualifications and Other Specifications as explained in
Proposal . Requirements, F and G, incorporated into the completed
Attachment "A." All figures and notations must be typed or written in ink.
Penciled proposals are not acceptable.
6
Appendix "A"
PROPOSAL FORM
SUPPLEMENTAL PARKING ENFORCEMENT SERVICES
The undersigned as proposer declares that he has carefully examined the location of
the proposed work, that he has examined the Specifications and read the
accompanying instructions to proposers, and hereby proposes and agrees, if the
proposal is accepted, to furnish all labor and equipment and do all work required by
Specifications and Agreement.
NameofCompany: --------------------------------------
Address:
Phone/fax:
Contact Person:
Years in business:
The undersigned proposer further understands that the City of San Juan Capistrano,
California reserves the right to award all or any part of this bid without any obligation to
the City. The City also reserves the right to waive any informality in proposals.
Proper Name of Bidder
Print
By: __________________ __
Signature of Bidder
1. Approach to the work including task breakdown and staffing.
Dated: --------
2. Experience and technical competence of your firm and key people on similar
projects of equal complexity.
3. References: List of Four (4), including Agency, contact person, address, and
phone number.
4. Provide an hourly, monthly and annual fee rate. These rates will be used to
negotiate any additional work the City may request.
7
Appendix "B"
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 1st
day of July, 2013, by and between the City of San Juan Capistrano (hereinafter referred
to as the "City") and (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 one year Agreement and shall commence on July 1, 2013 and services
required hereunder shall be completed by no later than June 30, 2014.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed
__________ 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.
8
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.
9
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. 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. ·
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.
10
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.
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).
11
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 by Consultant. The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
15.5 [RESERVED]
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 (1 0) 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 (1 0) 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 (1 0) day .cure period.
12
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
Attention: Michael Cantor, Safety & Emergency Services Manager
To Consultant:
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.
[SIGNATURE PAGE FOLLOWS]
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ________________________ __
John Taylor, Mayor
CONSULTANT
By: ________________________ __
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
14
EXHIBIT "A"
Project Overview and Scope of Work
1. Contractor 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
6:00a.m. to identify vehicles 'vvhich 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 & Ill
six nights from 3:00 a.m. to 6:00 a.m., and one (1) security officer will be
assigned to patrol all other neighborhoods in the City that have overnight parking
permit programs from 3:00a.m. to 6:00a.m.
5. The security officer(s) shall 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. Contractor 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 logs to the San
Juan Capistrano Police Services (Orange County Sheriff's Department) at the
end of each shift.
9. Contract security personnel will drive vehicles issued by their company.
15
EXHIBIT "B"
Compensation and Payment
1 . The City agrees to pay contractor
performed from July 1, 2013 to June 30, 2014.
for all services
2. Consultant shall submit monthly invoices of ____ for services.
3. Consultant shall not charge the City for the following three holidays that the
security officers will not be working: New Year's 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 _______ _
7. The parties understand and agree .that the City's payments to Consultant as
compensation under this Agreement shall not exceed
16
FAST FORMS loll Free 1-flflB-513-6767
Parking Permit Enforced per:
S.J.C.M.C.: 4-6-304(b)
0 No Permit Displayed
0 Permit Reported Lost I Stolen
0 Permit is Invalid I Forged
OOther:
0 Permit Has Been Revoked
[] Permit Not Affixed to Vehicle
[] Improper Permit Placement
of Fine:$
,--~·-·--·-~-ADDRESS OF VIOLATION~-~--------.
0 Avenida de Ia Vista 0 Calle San Diego
Carmel 0 Calle San Antonio 0 Paseo San
0 Calle Lorenzo
0 Calle Resplendor
0 Calle Winona
0 Paseo Rosa
[J Calle Lucana
0 Calle Rio Vista
0 Pasco Belardes
[] Calle Chueca
0 Paseo Terraza
Ll Camino Capistrano
0
0 Calle San Juan 0 Calle San
0 Via Barcelona [J Paseo Santa
0 Los Rios 0 La Purisma
0 Via Belardes
0 Via Los Pajaros
0 Paseo Acacia
0 Paseo Amapola
0 Paseo Naranja
0 Paseo Nogal
[J Paseo Olivos
0 Calle Santa Rosalia
[J Via Estelita
0 La Calera
0 Paseo
0 LaZanja
[J Andres Pico
0 Don Juan
0 Ysidora
0 Guadalupe
Ll El Camino
[] Calle Bonita
0 El Horno
0 Acjachema
,-~~~-----VEHICLE
·------~----St.----· Color ___ _
~n''-·--~--~----~-~--Model ~---·--------·-~
z
MAIL YOUR PENALTY WITHIN 21 DAYS TO: ?
CITATION PROCESSING CENTER
P.O. BOX NEWPORT CA 92658-0479
PENALTY MAY BE INCREASED IF NOT PAID WITHIN 2i DAYS
REV. 5112
D $3,000 or less-(Department Head's Authority-No Purchase Order Required-STOP-further routing not necessary) c:J $3,00 I -$I 0,000-(Department Head's Authority) c:J $10,00I -$45~000-(City Manager'sAuthority)
c:J $45,00 I or over-(City Council Approval Required*) *Date of Council Approval: or Resolution. No.: ____ _
D Public Contracts $45,000 or less-(City Manager's Authority Required) D Public Contracts over $45,000-(City Council'sAuthority Required*) *Date of Council Approval: or
Resolution. No.:
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 1st
day of July, 2013, 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 one year Agreement and shall commence on July 1, 2013 and services
required hereunder shall be completed by no later than June 30, 2014, with an option
for a two year extension from July 1, 2014 to June 30, 2016 (if deemed appropriate by
the City Manager).
Section 3. Compensation.
3.1 Amount.
Total compensation for. the services hereunder shall not exceed Forty-
Nine Thousand Five Hundred Thirty-Six Dollars ($49,536.00) as set forth in Exhibit "B,"
attached and incorporated herein by reference. If the Agreement is extended for an
additional two years, total compensation for the services hereunder shall not exceed
Forty-Nine Thousand Five Hundred Thirty-Six Dollars ($49,536.00) for each year of the
extension as set forth in Exhibit "B," attached and incorporated herein by reference.
1
ATTACHMENT 2
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.
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
2
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.
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. 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.
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
3
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.
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 und·er 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.
4
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.
!f 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 by Consultant The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
15.5 [RESERVED]
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 (1 0) 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.
5
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 (1 0) days' notice to the other party of a material breach of contract. If the
other party does not cure the breach of contract, theri the agreement may be terminated
subsequent to the ten (10) day cure period.
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:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Michael Cantor, Safety & Emergency Services Manager
Securtec District Patrol, Inc.
PO Box 28525
Anaheim, CA 92809-8525
Attention: Mark A. Leonetti, President, CEO
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. ·
[SIGNATURE PAGE FOLLOWS]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: _________________________ _
John Taylor, Mayor
CONSULTANT
By:
Mark A. Leonetti, President, CEO
ATTEST:
Maria Morris, City Clerk
7
EXHIBIT "A"
Project Overview and Scope of Work
1. Securtec District Patrol, Inc. (Securtec) shall 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 assigned to work in the City, their supervisors, and the
principal owners of the company shall complete background checks on all
employees to be assigned to work in the City, their supervisors, and the
principal owners of the company. The background checks will be
conducted by the City at the City's expense.
3. Securtec shall submit to the City proof that all Security Officers assigned
to perform under this Agreement have been issued the required State of
California certifications and or licenses that are required for all weapons
and equipment used while assigned in the City. These certifications shall
be submitted annually.
4. Securtec shall provide proper training to those contract security officer(s)
in advance of their assignment(s). A signed Affidavit by each employee
shall be forwarded to the City upon completion of said training.
Security officers will patrol six days a week between the hours of 3:00a.m.
and 6:00a.m. to identify vehicles which are not displaying approved
parking permits.
6. The one night each week that shall not have enforcement coverage shall
be rotated between Tuesday, Wednesday and Thursday.
·r. One (1) security officer will be assigned to patrol the Capistrano Villas I, II
& Ill six nights from 3:00 a.m. to 6:00a.m., and one ('1) security officer will
be assigned to patrol all other neighborhoods in the City that have
overnight parking permit programs from 3:00a.m. to 6:00a.m.
8. When the assigned security officers have completed patrol of all assigned
overnight parking permit program streets, they shall begin a second patrol
of all overnight parking permit program streets.
9. Securtec shall issue citations for vehicles parked in violation of the parking
permit program only.
10. Securtec shall submit to the City a list of repeat offenders of five or more
parking citations in the first week of every month.
EXHIBIT "A"
Project Overview and Scope of Work
(Continued)
11. Citation books wilt be issued to security officer(s) by the City of San Juan
Capistrano.
12. Securtec shall submit all citations to the San Juan Capistrano Police
Services (Orange County Sheriff's Department) at the end of each shift.
13. Securtec personnel shall submit nightly logs of streets patrolled to the San
Juan Capistrano Police Services (Orange County sheriff's Department), as
requested.
14. Contract security personnel will drive Securtec District Patrol, Inc.
vehicles.
15. Securtec shall provide a proprietary program for Safe Listing vehicles for
the Capistrano Villas I, II & Ill. This program shall be coordinated through
a designated property manager for the Capistrano Villas I, II & Ill.
2
EXHIBIT "B"
Compensation and Payment
1. The City agrees to pay Securtec District Patrol, Inc. $49,536 for all
services performed from July 1, 2013 to June 30, 2014.
2. Consultant shall submit monthly invoices of $4128 for services.
3. Consultant shall not charge the City for the following three hoiidays that
the security officers will not be working: New Year's 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 Forty-Nine
Thousand Five Hundred Thirty-Six Dollars ($49,536.00) from July 1, 2013
to June 30, 2014.
8. If City exercises option to extend the Agreement for an additional two
years from July 1, 2014 to June 30, 2016, the parties understand and
agree that the City's payments to Consultant as compensation under this
Agreement shall not exceed Forty-Nine Thousand Five Hundred Thirty-Six
Dollars ($49,536.00) annually.
3
NOTICE OF TRANSMITTAL
CAPISTRANO VALLEY NEWS
Legal Publications
CHARGE TO ACCOUNT NO:
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED
PROOF OF PUBLICATION:
DATE: 3/19/2013
0041125000
March 28, 2013
APRIL 04, 2013
NOTICE INVITING BIDS-FOR
SUPPLEMENTAL PARKING ENFORCEMENT
Please fax to:
City Clerk's Office, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
fax (949) 493-1 053
telephone (949) 493-1171
Date of Bid Opening -04/11/2013
Date(s) notice published
Date affidavit received
Date notice posted in
designated posting places
-03/28/2013
-04/04/2013
-03/28/201
NOTICE INVITING BIDS
SUPPLEMENTAL PARKING ENFORCEMENT SERVICES
Public Notice is hereby given that the City of San Juan Capistrano will, up to 5:00 p.m.
on the 11th day of April 2013, receive sealed proposals for Supplemental Parking
Enforcement Services in accordance with the approved specifications on file in the
Office of the City Clerk of the City of San Juan Capistrano, California. Proposals will be
received until the time herein before stated at the Police Services Department, San
Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
The Chief of Police Services or his designee reserves the right to reject any and all
proposals received and to compare the relative merits of the prospective proposals and
to choose that which in the opinion of said City will best serve the interests or needs of
said City.
Copies of specifications may be obtained at no charge in the office of the City Clerk,
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
Any inquiries pertaining to the specifications shall be directed to Michael Cantor, Safety
& Emergency Services Manager at 949-234-4565 or Mcantor@sanjuancapistrano.org.
Dated: 03/19/2013
MARIAMORRI~, CITY CLERK \
CITY OF SAN Jl\IAN CAPISTRANO)
ORANGE COUNTY, CALIFORNIA .
10 "d ltJlOl
l:vVl:VI".-1
Public Notice is hereby given that the City of San Juan Capistrano will, u:> to 5:00 p.m. on the 11th day of April 2013, receive sea:ed proposals br Supplemental Parking
Enforcement Services in accordance Wfth the approved
specifications on file in the Office of the City Clerk of the Citv of San Juan Capis:rano, California. Proposals will be re-ceived until !he time herein before slated at the Police Se<v· ices Department, San Juan Capistrano Citv Hall, 32400
Paseo Adelanto, San Juan Capistrano, CA 92675.
The Chief of Police Services or his designee reseJVes the
nght to reject any and all proposals received and to com-
pare the relative rr-erns of the prospective proposals and to choose that which in the opinion o said Cfty will best seiVe
the interests or neE>ds of said City.
Copies of specifications may be obtained at no charge in the office of the Coty Clerk. City of San Juan Capistrano. 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Any inQuiries pertaining to the specifications shall be direct-
ed to Michael cantor, Safety & Emergency SeiViCe$ Manag-er at 949-234-4565 or Mcantor@saoiuancapisttano.org.
Dated: _03(19/2013_
~~l~~~R~?~rw~ CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA Publish: The capistrano Valley News March 28, Apr~ 4, 2013 9595630
MA10t.J I
AD -1t=-qc;q S&su
Ruk) LA\£ '5/22:> £, ~ jy
COS)-411~.<;-o
(I') ~
):1.. tS z ::=; C-C::C"> :::li7 :0 ::»;:} ):..-m z~ ..... (":>
oo CD rrt l>r--.,, -o < c;;:-:o ::9 I'T1
-f;llll: 0
~ t"\,)
)> z 0
0 co
i"J::::I LSI ~3d AJ.t-..lnO:J "3~NtJdO Tc:t:"T [TOe -6 T -~tJW
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
_the above entitled matter. I am the principal clerk
of the Capistrano Valley News, a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on June 7,
1984, Case No. A-122949 in and for the City of
San Juan Capistrano, County of Orange, State of
California; that the notice, of which the annexed
is a true printed copy, has been published in each
regular and entire issue of said newspaper and
not in any supplement thereof on the following
dates, to wit:
March 28, April 4, 2013
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Signature
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
-i! ,...
a ' c. c:n ::zt ,...=t ~ m Z·...( (") a· en ., ,.o -....,r-!§ < _,-m m en=-..... ;lilt 0
~ co ,... z CA
0 N
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk
of the Capistrano Valley News, a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on June 7,
1984, Case No. A-122949 in and for the City of
San Juan Capistrano, County of Orange, State of
California; that the notice, of which the annexed
is a true printed copy, has been published in each
regular and entire issue of said newspaper and
not in any supplement thereof on the following
dates, to wit:
March 28, April4, 2013
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
4, 2013
Signature
Capistrano Valley News
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
(f) ~ ,.., .... ~-
z ~
::0 (..., '"1:1 co :::::0 :0 l>=i ;-a ..,
Z-c 0 on U1 m :l>r--"''····m ::0 < ;.;::» :a m
_,~ 0
::0 (0
)Ito.
% (ft
0 NJ
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
MEM8EN OF THE CITY COUNCIL
SAM ALLEVA TO
ROY L BYRNES, M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:00p.m. on Tuesday, May 7, 2013,
in the City Council Chamber in City Hall, to consider: "Consideration of a Persona·l
Services Agreement for Parking Enforcement in the Overnight Parking Permit Zones
(Securtec District Patrol, Inc.)" -Item No. 011.
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, May 6, 2013, 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,
Safety & Emergency Services Manager. 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.sanjuancapistrano.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@sanjuancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Securtec District Patrol, Inc.
to Enhance the Future