Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
13-0701_SECURTEC DISTRICT PATROL, INC._Personal Services Agreement (2)
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. 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 Assi nment. 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 �1 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. 4n 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. M TTM=1 AM raw Me 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 [DESERVED] 15,6 Notice of CancellationfTermination 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 (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. ........... Section _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: 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] N IN.WITNESS WHEREOF, the parties hereto have executed this Agreement. APPRPVED S TO FORM: Hans Van ig en, y Attorney CITY,OF SAN JUAN CAPISTRANO hn Tayf�r, CONSOLTANT ........ . f By. ark A. Ce netti, President, CEO 7 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. 5. 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. 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 & III 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 3:00 a.m. to 6:00 a.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. f (Continued) 11. Citation books will be issued to security officer(s) by the City of San Juan Capistrano. 1?. 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 1, II & III. This program shall be coordinated through a designated property manager for the Capistrano Villas I, II & III. K r• • �... �... � � it � 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 Ole" 517/2013 TO: Karen P. Brust, City Manage FROM: Tom Bokosky; Human Resources Imana ......... ......... .....Prepared by:...Michael..Cantor,.Safety..&.Emergency.Services Manager _14P 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 3:00 a.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). DISCUSSIONIANALYSIS: 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 Repo,, May 7, 2013 Page 2 of 2 Three (3) proposals received were as follows: 1. Securtec — $49,536 2. Central Parking — $56,648 3. Patrol One — $6.3,648 Police Services reviews all parking citations issued by Securtec Before submitting them to the processing center. The Adopted Fiscal Year 2013/2014 Budget for parking enforcement services is $49,536 (Account # 01-41100-62503-00000-000). Seeurtec'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 parking 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 201012011. 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. . :j 30+ 1> Request for Proposals (RFP) and Specifications SUPPLEMENTAL PARKING ENFORCEMENT SERVICES Date: March 19, 2013 Department Police Servi Project Name: Supplemental Parking Enforcement Services Proposal Due Date: .April 11, 2013, prior to 5:00 p.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 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. Aftachment 1 B. Sca e 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 Examinat 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 (10) 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 cal[ .for_n .w. 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. Equipment: 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). 8. 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." 10 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, it & Ill. This program will be coordinated through a designated property manager for the Capistrano Villas 1, II & Ill. The program must maintain records of all citations issued. H. Claim for Pam The Contractor shall submit a claim for payment to the Chief of Police Services or leis _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. 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. A 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. 10.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. A 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. Name of_Compan) 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 Dated: In Signature of Bidder 1. Approach to the work including task breakdown and staffing. 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 ►_ . 410Ha 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. by reference 3.1 Amount. compensation for the services hereunder shall not exceed as set forth in Exhibit "B," attached and incorporated herein 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. 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 Assi nment. 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 wi required prior to Consultant undertaking any extra work Scope of Work provided for in the contract document Parties hereto shall execute an addendum to this particularity all terms of the new agreement, including Consultant's fees. -itten authorization from City is In the event of a change in the s as requested by the City, the Agreement setting forth with but not limited to any additional 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. IJ Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 3. 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 nates 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 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, [eased, 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 ' [RESERVE®] 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. 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. ATTEST: Maria Morris,. City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO John Taylor, Mayor CONSULTANT in WJA EXHIBIT Project Overview and Scope of Work 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 6:00 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, 11 & III 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 3:00 a.m. to 6:00 a.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 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 mionthly 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 G 73'5" FAST'FOPM5 7o[1FreL 1•Bsg-513-6767 No. gum VIOLATION i CE CITY OF SAN JUAN CAPISTRANO Parking Permit Eniarced por: S. J. C . M .C.: 4-E- 30 4(h ) No pstmit Dispiayed L Permit Has Been Revoked n P nropri t_nst f stolen Ll Permit Not Affixed to Vehicle ❑ Permit is Invalid f Forged improper Term€1 r•rauc iw„ i3L 4 F] Other: fki5iit; of Fine: �.. ------ SAMPLE vIOLATION NOTICE p PERMIT . ETS ALL OTHER PERMIT ZONE ADDRESS OF VIOLATION . t I Qso Road ❑ Avenida de la Vista ❑ Calle San Diego } ❑ Paseo Carmel C] Calle San Antonio ❑ Paseo San GaLriel ❑ Calle San Louis ❑ Calle San Juan ' ❑ Calle San Francisco ❑ La Zanga ❑ Via Barcelona i I:.:1 Paseo Santa Clara ❑ S2nta Barbara - (] Los Rios ❑ La Purisma � C] Calle Lorenzo [ ❑ Via Belardes C sea Sere na 1_..I Calle Resplendor [I Via Los Pajaros 0 La Zanja Street 0 Calie Winona 17 Paseo Acacia .' El Andres Pica Read ❑ Paseo Rosa g ": ❑ Paseo Aniapola 0f3on Juan Avenue I U Catle r_ucana ::; C Paseo Naranja Cl Ysidora Street ❑ Carle ilio Vista F -I Paseo Nogar ❑Guadalupe Street IW.i Paseo Belardes F] Paseo Giivas Cl Fr Camino Heal U Calle Chu ca :::: Calle Santa Rosalia ❑ Calle Bonita Par eaTerraza D :Via Esielita ❑ EI Horno L] Camino Capistrano. 0 L Catera ❑ AcjaGfiema St ❑ Other VE I1lCL INFORMATION Llc, No. St. _. Calor Make_ Model l VIN-- NAME AME DATE,-,..—.._..-,:m....�.. OFFICER NO, AM TIME_ p7,A Z 0 MAIL YOUR PENALTY WITHIN 21DAYS TO CITATION PROCESSING CENTER P.O. BOX 10479, NEWPORT BEACH, CA 92658-0479 PENALTY MAY BE INCREASED IF NOT PAID WITHIN 21 DAYS REV. 5/12 SAMPLE vIOLATION NOTICE p PERMIT . ETS ALL OTHER PERMIT ZONE THIS AGREEMENT is made, entered into, and shall become effective this 1 st 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 ($49,636.00) 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 Assi nment. 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 71. 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 W 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 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. M 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 Consultantshallobtain 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 (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, thea the agreement may be terminates{ 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: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Michael Cantor, Safety & Emergency Services Manager To Consultant: 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] s, IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk CITY OF SAN JUAN CAPISTRANO la John Taylor, Mayor CONSULTANT 7 Mark A. Leonetti, President, CEO Project Overview and Scope of Work 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 ba.c.kgr©_u_nd 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. 5. 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. 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 1, 11 & III 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 3.00 a.m. to 6:00 a.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. 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 Sheriffs 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, ll & III. K Compensation and Payment 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. NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO: 0049925000 .... FOR P...U.BL.I.CATION.....ON: .................... ....... ... ...... _ March ..._28..,.....201...3 ......... ......... ........ .. APRIL 04, 2013 DOCUMENT TO BE PUBLISHED PROOF OF PUBLICATION: AUTHORIZED BY: Maria Mdrrjis, City 3/19/2013 Date of Bid Opening Date(s) notice published Date affidavit received Date notice posted in designated posting places 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) 493-1053 telephone (949) 493-1171 - 04/11/2013 - 03/28/2013 - 04/04/2013 -03/28/201 3- 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 11 tri 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 Nall, 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 M MARIA MORR! , CITY CLERK�..,� CITY OF SAN J AN CAPISTRANt ORANGE COUNTY, CALIFORNIA TO'd IHi i ENFORHT Public Notice is hereby grvan that M City of San Juan GapiB[vana W11, uo to 5:00 p.m. on tyre 13th day of April 2013, receive sealed proposaf5 for Supplmental Parking Entorcement �rvicss in acwrdance wshethe approved spocifications on Life tri the Office of the City Clerk of the City of Sari Juan Capistrano, California, Proposals vvW be re- CO'ved until the time herein before staled at the Police Some ices_.peRarfine��L,,. San ...Juan --Capistrano, -City Haff,,a2400 Paseo Adeiantc, San Juan Capistmno, CA 92675, The Chief of police Services or his designee reserves the right to reject any and ail proposals received and to com- pare the relative rrerits of the prospecVve proposals and to choose that which in the opinion of said City will pest Sere the iriteresls or needs of said City. Copies of sosciticatibns may be obtained at no charge in the office of she City Clerk, City of San Juan Capistrar o. 324!70 Pasec Adelanto, San Juan Oapfstrano, CA 926766, Any in pertainingto the specifications shall be di€ee- ed to Michael Cantor, Safety & Emergency SgrviCv. Manag- ar at 9G* -234-4565 or Mcantor@sarrivancaRistrano.org. Diltedt _W/19/20TS- SW R A kI IsORCiPTYLE EERK CITY OF SAN JUAN CAPISTRANo ORANGE COUNTY, CALIFORN A Publish: The Capistrano Valley News March 26, April 4, 2013 9595630 � W�TMd rL.mnn.-j "=oFiH,do TE:t'T ETOL.-6T--�JUW ,,. ---,7 C.7 co � W�TMd rL.mnn.-j "=oFiH,do TE:t'T ETOL.-6T--�JUW 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 prznGzpa] 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, 201.3 "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 Date: Mareh 28, April 2013 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION + 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 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 Date: M rch 28, April 4, 2013 �f Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION 13. C5 Gf3 t`�1 co 32400 F ASLO A 05LANTO MEMBERS OF THE CiYY COUNCIL SAN .PElAN CAPESTRANO, CA 92675 �A3F4AlL�VRi(> (9499 493-1171 ROY L. ONES. M D, 0949) t$9 PAX ° t �� Ssgs LARRY KRAMER wwI4I4.,srajztaia ncapist€"Ona org 1776 � 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 6:00 p.m. on Tuesday, May 7, 2013, in the City Council Chamber in City Hall, to consider: "Consideration of a Personal Services Agreement for Parking Enforcement in the Overnight Parking Permit Zones (Securtec District Patrol, Inc.)" — Item No. D19. If you have specific thoughts or concerns regarding this item, you are encouraged to parficipate 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 F sanivancapistrano._oro. Maria Morris, CMC City Clerk cc: Securtec District Patrol, Inc. Pile` e.MUIU1 IU AA'�".41CITY OF SAN JUAN S rrLL DOCUMENT TRANSMITTAL r Ttail I-on—n is fir the transn-rittal ttfcicjctrMents for signature. d. 11 i tom` (e.p. Agrcements.. Contracts- i.it:eds, F -1a. me:nts) Date. 04isoi20ra Agenda Item leo. (if _kplplicahle): Cary C ouncil, S.) HA or SA(.;RA Meeting Date (it applterh)e): -W<y �, ears Brief description of doctiment and/or services provided: Securtec o€ t,ctPatrol l=c - -------------------------------- - OvermqM Parting Erforce:mrt Submitting; Department: c -t kilnzgor StaffC..`ontaact: W-raeierror Please sign each orisa-inal of the attached document, Shure indieated and circulate in the below rotate order- as applicable (Please u0te the procurement limitations belwx), When the docunIe-rrt is ft€lly executed, the Ciry Clerk will provide a signed copy to the submitting deptu'tnjent and to the himncial Services Department (when applicable), and Evill mail a signed ori�,Onal to the :ontractor�consuitant, Step f ❑ Purchasing For Pr'UCUr€ Ment C omrttelsiA�„�res;nients (if appliea:blc) $, .000 or less tDepa,,m"m.Ifr«d sAL;fhority.. NoI'urEhnus�-Lar;derk�-g:rrrEa'-5I'OF'—jirTherrousingnot�xecrssarYJ = $ „00 I -$10,000- = $10,000 = $10,001 - S45,000 - ({'izy Manager's Authority) =$45)M >�001 or over — (c it), ( owu it Approval h'equired*) *Datu oCC'ouneil Approval _ or Resolution. leo Public is Contracts $4.5.000 or less (City h4an ager's Awhority Required) Public Contracts over $4,5,000 _ (Cuy Council's Authority Required*) *Date of Council Approval; Rc`>elution. Nw _�. Stet, i ) 0eparinient Ileacs Approved Not Approved Not applicable Director's Initials/Dcite. Step 3 [W City Attorney Approved Not Approved Not Appiicante � 'A � .. �, City Attorneys initials/lW Step 41t#icillCi'. Vtjlldin,_,� kvaiklblf No A~ ailable, Budget AmcndmentRequired NotQs Finance lnit6lsDale Step 5 ❑ C:ity Manager �5 .Approved Denied City Man, ger's Initial'slI]atc: Step fs ❑ hisorance kq uiroments (if applicable) the rer/ulrvrr oni� in, h.0e4ii3lir;, crttcrrhc°<�cYoerr»rerat =Commercial/General :.lability LA Additional Insured Endorsement 0 Atito Liability [�_ Worker's Compensation E=Profcs-ional/furors trnd Omissions Not Applicable 0 Public Works (ontracts l ,iborAlateri tt & P�.r(E,�rnlane�w I,i; red i LA Cite Clerk il..;or Final Routink_,i �hypprovai Process Comply tc d Copy of E ootract Ir ansmittA 1,orm with docum� iif,06twarde to"l Department or M,tcto the originating departmentw., tpproprr tte. nld r -� Iycn €ed — Ri turned to submitting rlr p trt€ en l'.h t c. provide the followi ;� eturn tp the City 00*'s Office: City Clerk's Imt1al's/Data. t s. I . Conlractorlf'crnstiltant Namet Securtec, District Patrol: Inc 2. Business l..icens0: [11 Yes ❑ No Ik nse Numher: C. aW of 1 xp4mion 'I f ivoi-k is I c t )rrrstecl itr die (..Vfy1 is B sittc 4°.a i.0 Yc grail -c (l 3. Contract Ar'nount: $ 419,536.00 4. Budget Acccnint Number: 01411046250400000000 7. CH Services and Facilities to he prop ivied Hf Applic able): Overniqht Parking Enforcement 6 Is this a standard City contract'? ❑ Y ns ❑ TO if n€v explAn: 7. Are oxo original contracts stsbnt.itted:' ❑ Yes [-111) if no, explGM $. Contract Date: 07/01113 Fxpir€ttion Data 06130/14 ........ - q Ins€€rance (.'er°tilicate (iJ'rrppCrr:ahle) att<ich€d: ❑ ye" E No If no, expltrin: On fife 14 l'mehase (I ty rlic'c:d ky Requisition anachcd: ❑ Yes ❑ No Ifno, explain: Not needed until June. 1 1. Bid Recap stuached: `r'"es ❑ to 11' nm cxplW Not necessary 12. 50 f orn) (Yapplic°table) attEtt he(le Yes IN 10 I#`= exM<tin: On fife 13, Nm Vender- Application } orrrt (if 'capplictable) attached: ❑ Yes ❑ No If nm ex0ain: On We 14. Des this document need to he recorded`' [:] Yes PIC `wo if Yes, please provide only rine origil I copy, The WWII `ger-ices tkpartmem v. ill i,,sue a Ourchasc (Ada (PC.3) to the suhnijaing department, owe all cif the, infarrnation on this� Wma TmnsmWal Form has been ret°eled by finance WuO the Cky W*N (ffic:e. 10ge 2 C)i `3