16-0622_SECURTEC DISTRICT PATROL, INC_Agenda Report_F196121t2016
F19
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
Æ^Siegel, City Manager
TO
DATE:
SUBJECT
FROM
SUBMITTED BY: Sam Penrod, Human Resources/Risk Man
June 21, 2016
Award of a Professional Services Agreement for Parking
Enforcement in the Overnight Parking Permit Zones to Securtec
District Patrol, lnc.
RECOMMENDATION
By motion, authorize the City Manager to sign a Professional Services Agreement with
Securtec District Patrol, lnc. in an amount not to exceed $70,480.80 for parking
enforcement services in the overnight parking permit zones from July 1, 2016 through
June 30,2019.
DISCUSSION/ANALYSIS
The current parking enforcement contract for supplemental enforcement services in the
overnight parking permit zones is scheduled to terminate July 1 ,2016. Supplemental
enforcement services are provided in the designated areas between the hours of 3 a.m.
and 6 a.m.
The City of San Juan Capistrano (City) issued a Request for Proposals (RFP) for these
services, and the RFP was sent to three firms, as well as being made available to the
general public through the City Clerk's Office. Only the City's current provider, Securtec
District Patrol, lnc. (Securtec), responded to the RFP. The submitted proposal is
approximately 27 .5% /ess than the cost for the current services.
Securtec has provided supplemental enforcement services for the City since 2001, and
staff is satisfied with their performance to-date and recommends approval of a three-
year agreement, with the ability to extend that agreement another two years based on
continued satisfactory performance.
City Council Agenda Report
June 21,2016
Page 2 of 2
FISCAL IMPACT
The annual cost of the contract is approximately $23,500, and sufficient funds are
included in the City's proposed operating budget.
ENVIRONMENTAL REVIEW:
ln accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(bX3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. A Professional Services Agreement with Securtec to provide
supplemental parking patrol services would not be an activity with potential to cause
significant effect on the environment and therefore exempt from CEQA. A Notice of
Exemption (NOE) will be posted should the project receive final approval.
PRIOR CITY COUNCIL REVIEW
On July 7,2009, the City Council approved a two-year agreement with Securtec.
On June 30, 2011, the City Council approved a two-year agreement with Securtec.
On May 7,2013, the City Council approved a one-year agreement and potential2-year
extension of the agreement with Securtec. The two-year option was exercised by the
City, and that agreement is scheduled to terminate June 30, 2016.
COMM I SS I ON/COMM ITTEE/BOARD REVI EW AN D RECOMM EN DATI ONS
Not applicable.
NOTIFICATION:
Securtec District Patrol, Inc.
ATTACHMENT
Attachment 1- Professional Services Agreement with Securtec
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 22,2016 by and between the City
of San Juan Capistrano, a municipal corporation organized and operating under the laws of the
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and SECURTEC District Patrol, lnc., a CA CORPORATION, with
its principal place of business at 155 N. Riverview Dr.#100, Anaheim, CA 92808 (hereinafter
referred to as "Consultant"). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Supplemental Permit Parking Enforcement Services (hereinafter referred to as "the
Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services and Term.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "4." The Term of the Agreement shall be from July 1, 2016 through
June 30, 2019.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. ln no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $70,482 (Seventy Thousand Four-hundred
Eighty-two Dollars). The amount paid for each year of the three-year Agreement shall not
exceed $23,494 (Twenty-three Thousand Four-hundred Ninety-four Dollars). This amount is to
cover all costs associated with the service provided. Payments shall be made within 30 days of
receipt of an invoice which includes a description of the work performed. Payments to
Consultant for work performed will be made on a monthly billing basis.
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3. AdditionalWork.
lf changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required within a mutually-agreed upon
timeframe as determined by the City and Consultant. The Notice to Proceed shall set forth the
date of commencement of work.
6. Delavs in Performance
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Ca|/OSHA requirements.
b. lf required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. lf applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
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8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assionment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. lndependentConsultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. lnsurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. ln
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability lnsurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) lnsurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability lnsurance must include coverage
for the following
(1)
(2)
(3)
(4)
(5)
(6)
Bodily lnjury and Property Damage
Personal lnjury/Advertising I njury
Premises/Operations Liability
Products/Completed Operations Liability
Aggregate Limits that Apply per Project
Explosion, Collapse and Underground (UCX) exclusion
deleted
Contractual Liability with respect to this Contract
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(7)
Broad Form Property Damage
I ndependent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01 , or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liabilitv
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability lnsurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as lnsurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(¡i¡) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Emplover's Liabilitv
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and lnsurance Act," Division lV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
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d. Professional Liabilitv (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policv Limits Required
(i) The following insurance limits are required for the Agreement
Combined Sinqle Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrenceEmployer's Liability
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(¡i) Defense costs shall be payable in addition to the limits
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional lnsured pursuant to this Agreement.
f . Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of lnsurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
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g. Policv Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. lf any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional lnsured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(¡v) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifvinq lnsurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the
business of insurance in the State of California, or othen¡,rise allowed to place insurance
through surplus line brokers under applicable provisions of the California lnsurance
Code or any federal law.
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i. Additional lnsurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
othenruise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) lf at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. ln the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
Subconsultant lnsurance Requirements. Consultant shall not allow an v
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. lf requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. lndemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
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b. Additional lndemnitv Obliqations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. lf
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. lt shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. lf the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of lndustrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of lndustrial Relations. lt
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance req uirements.
14. Verification of Emplovment Eliqibilitv
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the lmmigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
't5. Citv Material Requirements.
(This section is not applicable.)
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16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. lf any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. ln such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. lf said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Orqanization
Consultant shall assign Matt Weatherly as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Aqreement
This Agreement is limited to and includes only the work included in the Project described
above
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
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CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attn: Sam Penrod, Human Resources/Risk
Manager
CONSULTANT:
SECURTEC District Patrol, lnc.
155 N. Riverview Dr. #100
Anaheim, CA 92808
Attn: Mark Leonetti
and shall be effective upon receipt thereof
22. Third Partv Riqhts
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunitv Emplovment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Aoreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assiqns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or othenvise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
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27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. Citv's Riqht to Emplov Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited lnterests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
ISTGNATURES ON FOLLOWTNG PAGEI
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't1
By:
Its:
By:
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND SECURTEC DISTRICT PATROL,INC.
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO SECURTEC DISTRICT PATROL, INC
Ben Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM
By:
City Attorney
Printed Name:
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EXHIBIT A
Scope of Services
(See attached RFP response from Securtec)
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SEGURTEG D|STRICT PATROL, lNC.
PROPOSAL FOR PARKING SERVIGES
C¡ty of San Juan Capistrano
OVERVIEW TO PARKING ENFORCEMENT SUCCESS
SXCURTHC tlistri*t Fatrol, lnc. {SãÇURTËC, lNC.} ls pleased to submit this proposal for Parking änforcement
Services to supplement The City af San Juan Capistrano for serviees to the Villas l, ll, lll and City designated Alpha
Permil Zones. We would like to take this oppartun¡ty tû relay our sincere Thanks to the City of $an Juan Capistrano
for your trust and canlidence in SECURTEC for over 1 3-years of current service. May 2û16 will be our 33'd Service
Anniversary in the Private Patrol induslry * under CA Slate License: 10361.
Mark A. Leonetti, President and CËO, continues to be the main contact for our client base. CA $taie.-gU-çiiTigd-g"s
the,Markhasbeeninv*lvedinthePatrolindustrysince
1980. ln four sh*rt years, Mark started a zern inccme $târtup security service 1n 1984, frçm a humble two man office,
to what now stands äs one of the most experìenced Ëatral services in Orange County, employing over 30 parl-time
and fulþiime officers from San Diego to $anta Clarita snd eâst to San Jacinto. Having di:ect knowledge of field
operations provides a distinct advantage when communicating with our primary client contacts, and this csntinues
today. teadership and professional ethics remain a long standing tradition fcr Mr. Leonetti and SECURTEC. Mark
Leonelti will be the titv's direct contact and suËety!Êçr.
Wqrk ll istsrv/Exseriençq:.
\,l'CIRK HI$TORY:
The City's primåry Parking Enfarcement ûfficer has been employed with SECURTEC for over 1Z-years. Thç relief
Parking Enfarcement ûfficer also has been employed for ever 1O-ye*rs. Both employees are licensed by the $tate of
CA, *ureau of Security and lnvestigative Services, as follows:
1) Athar Khan * Guard #j!Ílgtg * sincc 2ÕS1
2l Charles Þolar * Guard #3356þã * since ?ü02
3) Confirm License $tatus at: www.bsis.ca.gov - Click on Verify a License
EXPERIËNCË:
Citv of Santa Clarita - tver F-Ye
FULL-TIME CITY-WIDË PARKING TNFORCMTNT, INÇLUDING CHP 18O-FORM CCIMPLETICIN FOR LA$Ð
(2) Full{ime Parking Hmployees and vehicles - (7) days per week
Store Aband*ned Vehicìes Under CVC 2?651(K) - lmpound 6-Month ar more #xpired Registration Violaticns under
CVC 22651(O) - Provide Ticketing far HiC vìolations, Fire/Red Zones, No Parking ,{nytime * and all other parking
felêted issues in the City of $anta Clarita, which includes the Cities of Valencia, Newhall, Saugus and Canyon
Country * rvêr S5-square miles>
Mr. Matt Levesque, City Manager's Õffice:
(s61) 255-4902
Çitu cf $an Jacinta - Fir
ËULL-TIMH CITY WIDË PARKING ËNËORCËMËNT - II{CLUDING COÐH ÊNFORCËMËNT SËRVICHS
One Full-time Offìcer - (5) days per week.
Full City wide Parking Enforcement and $treet $weeping enforcement.
Ms. ilene Yarnall * Code Ënforcement Supervisor
{S51) 487"733û * exl.375
I
Citv of San Juan Capistrano
PARKING PERMIT ENFORCEMENT - 13TH YEAR OF SERVICE
One Officer 300am to 600am - (6) nights per week
Villas l, ll, lll and Alpha Permit Zone Enforcement
Mr. Samuel Penrod - Human Resources / Risk Manager
(949) 234-4565
Key rersgnnÊli
Mark A Leonetti, Fresident and CËO of $ËGURTËC Dístrict Fatrol, lnc. since {984 - Background completed
by the tity of San Juan Capistrano in May, 2013
Athar Khan, Field $upervisor for SËCURTEC *'|2-year $HCURTËe employee - Background completed by the
City of $an Juan üapistrano in May 2û13
$ffsi*ffi
* Provide ONE Officer in a marked Patrol vehicle (2012 or later Ford Escape) and a Datagl l Mobile
Broadband enabled in-vehicle computer system (see below).
.:. Officer to Patrol all designated Permit Parking Only zones in the Villas l, ll, lll and the Alpha City zones by
utilizing City provided citations issued to each non-permitted vehicle encountered.
.t Provide a Citation Database to the management company in order to "Safelist" visiting Villas residents as
needed. System will issue a designated "safelist" lD numberwhich can be placed on the dashboard of the
vehicle - although this "safe-listed" vehicle will already be in the Safelist database, enabling Officers to
'run' the plate to inquirer as to ils designated status.
* After completing the designated shift period, Officers will deliver the citations to the SJC Sheriffs station to
the drop location.
t Status report of citations issued will be delivered via email every morning via email to SJC recipients
indicating the number of citations issued and street names.
Equipment:
Data9l l Computer Systems -
SECURTEC has produced thousands of citations for our municipal clients and the computer system used must be
reliable. The Data911 system works just like a desktop computer, but mobile friendly to field Officer's to run easy to
complex citation database operations, all from the comfort of their front seats. The system is connected to the outside
world with a 4G LTE Mobile Broadband connection, providing smooth wireless operations for any report required in
the fìeld. These are professional grade systems utilized by many law enforcement agencies for dependability and
durability to perform at peak levels in the auto environment. Units are also equipped with a single, designated
emergency key, to summon help quickly via GPS Automatic Vehicle Location (AVL) notification.
2
Motorola Gommunications - SL7550 Radios
Secured private radio system channels - in essence, our own frequency array, enabling staff to summon backup and
communicate important emergency data to preserve safety. This system will "talk" from San Diego to Las Vegas to
San Francisco.
PatrolVehicles:
All warning lights mounted on the enforcement vehicles is certified as CA Titte 13 compliant This is a very important
certification for safetv and accident avoidance measures. Anything less than this certification can place the City in a
compromising position due to lack of warning efficiency with any other lighting equipment that other vendors may be
utilizing. Always ask what the make and model of the lighting system is and please confirm its certification on the
manufactures website. SECURTEC utilizes Code3 TR4 strobes and Code3 TR6 directional rear facing 6-module liqht
bars. Proper, certified lighting, is one of the most overlooked items in the Patrol industry.
Flashliqhts:
Even the flashlights utilized by SECURTEC are the brightest and lightest flashlights available. The Fenix TK 35
produces a staggering 1800 lumens, brighter than some spotlights on Police units. This enables Offìcers to quickly
scan vehicles for the required official Citv permits and also confirm their validity by the holoqram scan. lf a resident
has copied a permit in color, the holoqram will not produce itself as a reflective imaoe, qivinq awav its true identity as
a "forged" permit. Briqht flashliqhts. like the Fenix TK 35, quicklv extract the ohoto-cooies.
3
Çomeüsnçe€tetements:
1. This RFP wilh its Appendiees and the Contractor's proposal will jointly become the $cope of Work
(Hxhibit "4" and Ëxhibit "8" of the ccntract agreement) far this project.2. SËCURTËD herein accepts the terms of this agreement"3. All services to be provided. and fees therein, will be in accordance with the eìty's RFP.4. "Exceptions to the City's Request {or Proposals' - NONË5. SËCURTIC affirms that all federal, state, and local laws and regulations shall be adhered to. ln the
case of any conflict between federal, state, or local laws or regulations, the strictest shall be adhered to.6. SËOURTüC allowe all authorized federal, state, caunty, and the tity of San Juan Capistrano officials,
acce$s to the place of work, bocks, documents, papers, fiscal, payroll materials, and other relevant
contract reccrds pertinent ?o this project, with just râuse. SËCURTËC acknowledge$ that ail relevant
records shall be retained for al least five (S) years.7. SËCURTË. (an ËOË wham utilizes the e-Verify service as provided by the Dept. of Homeland Security)
will not discriminate against any employee or applicant for empìoyment because of gender, gender
identity, gender expression, race, national origin, color, disability, medical condition, genet¡c information,
genetic charaeteristics, religious creed, marital status, military and veteran status, age, sexual
orientation, opposition to harassment, or association/percepticn.8. $ËCURTEC shall camply with all applicable federal and state labor laws.9. SËCURTËC shall camply with the Copeland Anti-kickback Act (18 USC 874 C) and the implementation
regulation (?9 CËR 3) issued pursuânt thereto, and any amendments thereof.
$ervice Fees:
HOURLY:
MONTHLY:
YEARLY:
$25.1 0
$1,957.80
$23,493.60
*Service Fees are "All lnclusive and F " during the contract period
Fees based on 312 $ervice Days per Year * {26} days per Manth * {78) Hours per illlonth - $195?.{0 per Month
**Primary Service Officer hourly wage is $17.00 and speaks Spanish**
Thank you for this additional RFP opportunity. SECURTEC sincerely looks forward to maintaining our
professional service relationship.
Respectfully Submitted,
SECURTEC District Patrol, lnc.
.'I 'p-,
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/fWiluø-
Mark A. Leonetti
President, CEO
(7r4) 240-9000
Mark. Leonetti@S ECU RTEC.com
,.
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$ince 1984
ÅFFINAVIî
The $tats of Califomin
tounty of Orange
l, Athar Khann of lrvine, Californi¡, MAKE OATH ANÞ SAY THÀT
t, Àth¡r Khan, rf SECURTBC Distict Patrol, lnc., herein acknowledge that I have been trained ånd
certified by my omployer in the application to provide Parking Enforcement Services to the City of
San Juon tapietrano, as pÈr çuTî&nt City specifrcations- including TËN (1t) plus yenrl of applied
experience cuffently providcd,
ST.JBSCRTBTD ANÞ STüCIRN TO
BEFORË MHo on the
9th day of May, 2013
NOTARY
My Commission expires:"41 tt
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AFFIDAVIT
The State of Cslifornia
) s.s.
County of Orrnge )
I, Mark A. Leonetti, of An¿heim, California, MAKE OATH ANÐ SAY TH,{Ï
[, Mark A. Leonetti, cf $ECURTKC Þistrict Patml, Inc., herein acknowledge that I hnve been gäi[d
snd certi{ied by my employer in the application to provide Parking Enforcement Services to the Gity
of $an Junn Capistmno, a$ per cüîent City spe*ifïcations, including TËN (t0) plus years of applied
experiencc currørtly provided.
SUBSCRTBEÐ AND SWORN îO
BEFO8,Ë MEo on the
9th day of May, 2013
NOTARY MarkA,
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CII'Y OF SAN JUAN CAPISTRANO
TYPE ÕF BUSI}¿ÉSS
II FARKING ENFORCËMEN]'722t7
EUStrtESô LOCÂT10N
I55 H. RIVERV¡E1fr DßIVE #IOO ANAFEIM CA 9?808
SBCURTEC DISTRICT PATROT., INC
P.O. BoX 28525
ANAHEIM, CA 92809
POST IN A CONSPICTJOIJ.cì PtACi:
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$47.30
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EXHIBIT B
Schedu le of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
PROFESSIONAL SERVICES FEE SCHEDULE:
HOURLY:
MONTHLY:
YEARLY:
$25.10
$1,957.80
$23,493.60
*Service Fees are "All lnclusive and FIXED" during the contract period
Fees based on 312 Service Days per Year - (26) days per Month - (78) Hours per Month -
$1,957.10 per Month.
**Primary Service Officer hourly wage ¡s $L|.1Qp and speaks Spanish**
6r 147.02100\10974777.1
14
EXHIBIT B
Schedule of Charges/Payments
Securtec will bill the City monthly during the course of the contract for services rendered
PSA wirh AGS June 201 6
14