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Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
1 PROFESSIONAL SERVICES AGREEMENT
by and between
THE CITY OF BURBANK
and
LAZ PARKING CALIFORNIA, LLC
dated as of ___________________________
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Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
2 PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”), is made and entered into this 16 day of _April , 2023 (the “Effective Date”), by and between THE CITY OF BURBANK, municipal corporation (the “City”) and LAZ PARKING CALIFORNIA, LLC (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
City and Consultant agree as follows:
1.0 Services. Consultant, as an independent contractor, agrees to perform during the term of this Agreement, each and every service described in the “Scope of Services” set forth on Exhibit A to this Agreement (the “Scope of Services”). The initiation of service by the Consultant should not commence until all of the following conditions have been satisfied:
(a) Consultant has furnished all of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnished any required supporting
documentation required by Sections 16.0 below.
(c) Consultant shall perform each service within the Scope of Services only to the extent of the specific written authorization or notice to proceed provided by the City Project Manager, which shall direct the Consultant to proceed with the services listed in the Scope of Services, or any portion therein. To the extent that the Scope of Services involves more than one service, Consultant shall only be entitled to payment for services upon City Project Manager’s written authorization or notice to proceed with such service. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the City Project Manager. The Scope of Services shall not be modified without an amendment executed by the authorized representatives of each Party.
1.1 Extra Services
Unless City and Consultant have agreed in writing before the performance of extra services that are beyond the Scope of Services , City shall have no liability for such extra services and Consultant shall ATTACHMENT 1
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3 have no right to claim compensation for such extra services or expenses. The applicable hourly rates for authorized extra services shall be at the hourly rates set forth in the Sche dule of Compensation (Exhibit B) unless otherwise agreed to by the parties in writing.
2.0 Term of Agreement; Termination.
2.1 Term. The term of this Agreement is from the Effective Date until April 15, 2024. The City shall have two renewal options (Option 1: April 16, 2024, to April 15, 2025; Option 2: April 16, 2025 to April 15, 2026 ) by which it may extend the term of the Agreement by one year at a time in its sole discretion. The extension options may be exercised sequentially or concurrently. To exercise an extension option, the City shall provide written notice to Consultant at least 60 days prior to the then-scheduled termination date. The agreement may be earlier terminated as provided in Section 2.2 below (the “Term”).
2.2 Termination by City. The City may terminate any or all of the services agreed to be performed under this Agreement without cause, at any time during the Term by giving the Consultant thirty (30) days’ notice in writing.
Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination.
2.3 Effect of Termination. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination s hall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Consultant unless termination is for cause. In the event that such termination was for cause, Consultant shall be compensated only to the extent required by law.
3.0 Compensation and Schedule of Compensation . The total compensation (including, but not limited to all fees, expenses, reimbursements or other costs) payable by the City to the Consultant under this Agreement shall not exceed the sum of $1,200,000 (the “Cost of Services”). The Cost of Services shall not be increased without a written amendment executed by the authorized representatives of each Party. Consultant shall earn the compensation set forth in the Cost of Services in accordance with the “Schedule of Compensation” as attached to this Agreement as Exhibit B. No payment for expenses, labor or any other cost shall be paid to Consultant unless it is within the Scope of Services (Exhibit A).
3.1 If this Agreement has been directly approved by the City Council, the City Council hereby authorizes the Designated Official to increase the Cost of ATTACHMENT 1
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4 Services in an amount not to exceed $500,000.
4.0 Personnel.
4.1 The staff person designated by Consultant to be the primary point of contact (the “Representative”) for day -to-day performance of this Agreement shall be:
Rene Mendoza
Project Manager
1200 Wilshire Blvd., Suite 100B, Los Angeles, CA 90017
Phone: (708) 929-8239
Email: [email protected]
Representative shall be a key member of Consultant’s firm, and shall be directly involved in performing, supervising or assisting in the performance of the Scope of Services under this Agreement. The Representative shall be the key person to communicate with, and periodically report to, City on the progress of the work. The Consultant may, from time to time, remove or replace the Representative designated in this Agreement only with prior written consent by the City’s Designated Official.
4.2 The services to be performed by Consultant shall be accomplished under the general direction of, and coordinat ion with, the staff person designated by the City serving as the project manager (the “City Project Manager”). The City Project Manager designated by the City for day-to- day administration of this Agreement shall be:
John Pfrommer
Lieutenant – Traffic Bureau
200 N. Third Street, Burbank, CA 91502
Phone: 818-238-3106
Email: [email protected]
The City may, from time to time, remove or replace the City Project Manager designated in this Agreement by written notice to Consultant.
The City Project Manager has no authority to execute any amendments, consents or waivers on behalf of the City.
4.3 With respect to matters that extend beyond the day-to-day administration of this Agreement, the City designates the Chief of Police, Mike Albanese,
4.4 Burbank Police Department (the “Designated Official”) to handle such matters.
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Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
5 Ph.: 818-238-3200
Email: [email protected]
5.0 Invoicing and Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form reasonably satisfactory to the City Project Manager. Invoices shall be made no more frequently than on a monthly basis and no less frequently than every 60 days, and shall describe in reasonable detail the work performed (including a list of hours worked by personnel classification) together with any receipts, invoices or other documentable expenses that are reimbursable under the Schedule of Compensation. All payments shall be made within thirty (30) days after City’s approval of such invoice.
6.0 Standard of Skill. Consultant, and Consultant's officers, employees and agents, if any, are skilled in the professional calling necessary to perform the work agreed to be done pursuant to this Agreement. The work performed by Consultant shall be with the degree of skill and diligence normally practiced in the industry for which Consultant is being retained by the City. To the extent that Consultant’s industry is subject to guidelines, rules or other standards, Consultant shall ensure that it complies with such guidelines, rules or other standards. The accept ance of Consultant's work by the City shall not operate as a release of the Consultant from such standard of care and workmanship.
7.0 Independent Contractor. Consultant is retained and engaged by the City only to the extent set forth in this Agreement, and the Consultant's relationship to the City is that of an independent contractor. Consultant shall be free to dispose of all portions of Consultant's time and activities which Consultant is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Consultant sees fit except as expressly provided in this Agreement. Consultant shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care , vacation, sick leave, or other benefits provided for City's officers or employees. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated wi th the performance by the Consultant (including any of its officers, employees or other agents) of its obligations under this Agreement. Consultant has no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City.
8.0 Hold Harmless and Indemnity. Consultant shall fully and promptly undertake its obligations as set forth below:
8.1 Hold Harmless. To the fullest extent provided by law, Consultant holds City, its elected officials, officers, agents, and employees, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's ATTACHMENT 1
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6 employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work required under this Agreement, or occur while Consultant is on City property, or which are connected, directly or indirectly, with Consultant's performance of any activity or work required under this Agreement.
8.2 Defense and Indemnity . Consultant shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, auto mobile, infringement of any intellectual property rights (including, copyright, patent and trademark), or professional errors and omissions arising out of, directly or indirectly, any error, negligence, recklessness, or omission of Consultant or any of Consultant’s officers, agents, employees, representatives, sub-consultants, or subcontractors, or the willful misconduct of Consultant or any of Consultant’s officers, agents, employees, representatives, sub- consultants, or subcontractors, in performing the services described in, or normally associated with, the work required under this Agreement , or breach by Consultant of this Agreement. The duty to defend shall include any suits or actions concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
8.3 No Waiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.0 below.
9.0 Correction or Re-Performance of Work. If City believes that any of the work performed under this Agreement does not comply with the terms of this Agreement, City may deliver notice to Consultant. Such City’s notice shall describe how the work performed, including any deliverables resulting fr om such work, does not meet the requirements of this Agreement, including failure to meet the applicable standard of care set forth in Section 6.0 and, upon City’s sole discretion, may also make a request for Consultant to re- perform the services. If City requests Consultant to re- perform services , Consultant shall promptly re- perform the services at no additional cost to City in a reasonably timely manner .
Should Consultant fail to make such correction or re-performance, the cost thereof shall be withhel d from any funds due to Consultant hereunder or charged to Consultant with such amounts to be paid by Consultant within thirty (30) days of receipt of such invoice.
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Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
7 10.0 Insurance.
10.1 Insurance Coverage. Consultant shall maintain, throughout the Term, the insurance coverage set forth in the “Insurance Requirements” as attached to this Agreement as Exhibit C.
10.2 Delivery of Certificates of Insurance and Endorsements . Prior to the commencement of any work by Consultant under this Agreement , Consultant shall provide the City with copies of certificates (on an Accord form as modified per C ity direction) for all policies together with the appropriate endorsements required in Exhibit C. At the request of the City, Consultant shall deliver a copy of its insurance policies.
10.3 Failure to Maintain Insurance. If Consultant receives a cancellation notice of any insurance required by this Agreement, Consultant shall, within one day of receipt, forward said notice to City Project Manager. If Consultant at any time during the Term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, the City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the cost of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. Such costs can be assessed by deducting such costs from any amounts due and payable to the Consultant as compensation under the terms of this Agreement.
11.0 Work Product.
11.1 Deliverables. Consultant shall deliver to the City the studies, plans, specifications, drawings, photographs, maps, videos, records, designs, data, reports, documents or other work products as are identified in the Scope of Services (“Work Product”). The City may also request, and Consultant shall provide to City, copies of all other information developed in the course of the Consultant’s performance of this Agreement.
Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agree ment, deliver to the City al l Work Product produced by the Consultant. Consultant represents and warrants that upon delivery of the Work Product, such Work Product shall be free of all liens, security interests or any other encumbrances.
11.2 Ownership. Each and every item that constitu tes Work Product produced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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8 12.0 Confidentiality.
12.1 Non-Disclosure Exemptions. Consultant may be granted access to information that is exempt from disclosure to the public and may contain “trade secrets” when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in the California Public Records Act.
12.2 Confidentiality Obligation. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the T erm of this Agreement without the prior written consent of the Designated Official during the T erm of this Agreement and this obligation shall survive for a period of two (2) years after the termination of this Agreement . Notwithstanding the foregoing, the confidentiality obligations imposed by this Agreement shall survive as to any of the following information (a) a trade secret under applicable law for so long as such information constitutes a trade secret thereunder, (b) each utility customer’s “data” under applicable law unless Consultant has s ecured such customer’s express, written consent to release of such customer’s information, (c) any information classified by City as “critical infrastructure information” or “protected critical infrastructure information” or “protected system,” or (d) any other documentation that has been identified as confidential by City until City has advised Consultant in writing that such information may be released.
13.0 Acceptance of Final Payment by Consultant. The acceptance by Consultant of the final payment made under this Agreement shall release City from all claims and liabilities for compensation to or for the benefit of Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's c heck or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check; provided, however, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consul tant, its employees, agents, subcontractors and sub consultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by Consultant; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, agents, subcontractors and subconsultants.
14.0 Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City, the ATTACHMENT 1
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9 Designated Official or the City Project Manager. Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services.
All such r ecords shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide access to the Designated Official or designees at all proper times to such books and records, and gives the Designated Official or designees the right to examine and audit such books and records and to make transcripts as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Consultant shall maintain such records for at least four years after the termination or final payment under this Agreement , whichever is later.
15.0 Conflict of Interest. Consultant agrees to be familiar with and comply with all applicable federal, state and local conflict of interest laws (including 2 CFR 200.318, if federal money is funding any part of this Agreement). Consultant represents and warrants that it is unaware of any City employee or official that has a financial interest in Consultant's business. During the Term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer or accept any financial interest in Consultant's business by any City employee or official.
16.0 Payee Registration Form . City shall provide a Payee Registration F orm to Consultant and Consultant shall deliver a completed registration form to the City.
Consultant acknowledges that this form is necessary for the City to process any payment for services hereunder.
17.0 Non-Appropriation of Funds . Payments due and payable to Consultant for current services are within the current annual budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
18.0 Compliance with Laws. Consultant agrees to perform all of its obligations under this Agreement in accordance with all applicable federal, state and local laws, rules and regulations. This obligation shall include, but is not limited to, the following requirements set forth below:
18.1 Permits and Licenses. Consultant, at its sole expense, shall obtain and maintain during the T erm of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
18.2 Anti-Terrorism Laws; Sanctions . The Consultant represents and warrants that:
(1) it is not a person described or designated in the Specially ATTACHMENT 1
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10 Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, United States Department of the Treasury or in Section 1 of Executive Order No. 13,224, 66 Fed. Reg. 49,079 (2001), issued by the President of the United States of America (Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism);
(2) it does not engage in any dealings or transactions with any such persons described above; and
(3) is not otherwise blocked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not limited to, Trading with the Enemy Act, the International Emergency Economic Powers Act, Accountability and Divestment Act or any other similar law or regulation with respect to any country, the Sudan Accountability and Divestment Act, any OFAC Sanctions Program, or any economic sanctions regulations administered and enforced by the United States or any enabling legislation or executive order relating to any of the foregoing.
19.0 Meet and Confer. The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.
20.0 Waiver; Remedies Cumulative . Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict performance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Part y under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.
21.0 Integrated Agreement; Construction. This Agreement, including any exhibit, schedule or addendum attached hereto, supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services hereunder, and cont ains all of the covenants and agreements between the Parties with respect to said services. The provisions of this Agreement shall be construed as a whole according to its common meaning of purposes of ATTACHMENT 1
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11 providing a public benefit and not strictly for or against any Party. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
In the event an inconsistency arises between any attachments (including any exhibit, schedule or addendum) and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent permitted successors and assigns.
22.0 Amendment; Modification. This Agreement may only be amended or otherwise modified upon written mutual agreement of each of the authorized representatives of the Parties.
23.0 Assignment. This Agreement is personal to the Consul tant and may not be assigned without the prior written approval of the Designated Official .
Notwithstanding the foregoing, a ny assignment in violation of this Section by the Consultant is voidable in the City’s sole discretion.
24.0 Use of the Term “City .” Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
25.0 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental entity having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
26.0 Execution Counterparts. This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart.
Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on al l Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, an d shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party, and transmitted electronically as described in this Section to the other Party.
27.0 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California.
28.0 Survival. The provisions of Sections 8, 9, 10 and 12.0, shall survive for a period of four years following the termination or expiration of this Agreement, whichever is later.
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12 29.0 Notices. Any written notice required by this Agreement shall be given by depositing such notice in the United States mail, postage prepaid or by personal delivery, and addressed as follows:
TO CITY:
The City of Burbank
Police Department
Attention: Courtney Padgett, Police Administrator
200 N. Third Street, Burbank, CA 91502
Email: [email protected]
With a copy to:
The City of Burbank
Financial Services Department
Attention: Purchasing Division
301 E. Olive Avenue, Suite 305, Burbank, CA 91502
Email: [email protected]
TO CONSULTANT:
LAZ Parking California, LLC
Attention: Conrad Midolo, Regional Vice President
1200 Wilshire Blvd., Suite 100B, Los Angeles, CA 90017
Ph.: 310-446-7925 x7613
Email: [email protected]
All notices shall be effective upon deposit in the mail, as specified above, or personal delivery.
Either Party may change the specified person or address at which it is to receive notices by so advising the other Party in writing.
30.0 Safety Requirement. To the extent that Consultant performs any work on premises owned or leased by the City, the Consultant agrees that it shall comply with this Section. All work under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations.
Any hazardous condition noted by the Consultant, which is not the result of his operations, should immediately be reported to the City Project Manager.
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13 31.0 Copyright. In the event Consultant creates an original work product as part of the Scope of Services (“work product”), Consultant agrees that work product is a work made for hire. Consultant acknowledges that he/she received consideration for this work product and has no copyright interest in any of the work product, or in any copyright related to the work product. For example work product may involve:
illustrations and graphic design services, digital a nd print branding services, photographs, Meta Tags, text, photographs whether edited or not, and other graphic images, appearing on the web sites or other applicable medium , domain names, log-in credentials for social media and other on- line electronic platforms.
Further, if this Agreement is found by any court or other jurisdiction to not be a work-for–hire as defined in 17 U.S.C. 101, then Consultant hereby transfers any and all interest of the copyright(s) in the work product to City. This transfer an d assignment are irrevocable and in perpetuity.
Further, Consultant represents and warrants: 1) that all work product shall be original and not subject to any other ownership claims by third parties, and 2) if applicable, that consent by individuals depict ed in any work product have been obtained and written releases will be delivered to City prior to the completion of the Scope of Services. Consultant indemnifies and defends City as to any damages arising out of or relating to a breach of this warranty and representation.
If applicable, Consultant agrees to provide all log- in credentials for social media and other on- line electronic platforms to C ity within ten (10) days of establishing same, which shall allow City at any time with the ability to access, utilize and maintain the social media acc ount or electronic on- line platform, should C ity choose to do so. In any event, upon the conclusion of Consultant’s services, Consultant shall no longer utilize any log- in credentials or electronic on- line platforms.
32.0 Prevailing Wages. To the extent that the Consultant performs any work described in California Labor Code Section 1720(a)(1), including, but not limited to, inspection and land surveying work Consultant agrees that it shall comply with this Section. The Consultant, and any subcontractor or subconsultant working on behalf of the Consultant with respect to this Agreement, is required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and Consultant shall comply with all other requirements applicable to Public Works Construction as specified in the California Labor Code and/or Davis Bacon Act, if federal money is funding any part of this Agreement . Furthermore, Consultant must register as a public works contractor with the California Department of Industrial Relations, if the compensation under this Agreement is greater than $25,000.
[Signature Page on the Following Page]
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14 In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above.
"CONSULTANT"
LAZ Parking California, LLC
"CITY"
City of Burbank
Signature Signature
Conrad Midolo Michael Albanese
Name (Please Print) Name (Please Print)
Regional Vice President Chief of Police
Title Title
If Consultant is a corporation or LLC, a
second signature is required:
ATTEST:
Office of the City Clerk
Signature
Name (Please Print)
Title Kimberley Clark, City Clerk
Approved as to Form
Burbank City Attorney’s Office
By:
Signature
Jina Oh
Name
Chief Assistant City Attorney
Title
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15 EXHIBIT A
SCOPE OFSERVICES
Consultant shall work in partnership with existing City programs to enforce parking laws and regulations in the citywide parking structures, lots, and public street parking in a safe and cost-efficient manner subject to the terms and conditions required by the City.
Consultant is not required to administer the initial review, administrative hearings, or de novo reviews for contested parking citations, however the City may require the Consultant to participate in such proceedings as needed.
1. PARKING MANAGEMENT – BASIC TERMS
The terms and conditions of this Professional Services Agreement (PSA) by and between the City and Consultant are set forth as follows:
a. Provision of Services: Consultant shall provide all necessary materials, staff, expertise, and services required to carry out the required Scope of Services. b. Compensation: As compensation for services rendered, the City shall pay Consultant combination of a monthly service fee and fixed hourly labor rates as stated in Schedule of Compensation (Exhibit B) for hours services as performed by labor category.
c. Capital Improvement: During the performance term of the PSA, certain capital improvement projects may occur that are originated and financed by the City. Consultant may be required to adjust staffing requirements, schedules and/or operating methodologies to accommodate these types of projects from time-to-time during performance of the services.
d. Employees: Unless otherwise noted, all references to employees refer to staff members hired for the execution of the PSA. These employees shall be paid by the Consultant and shall not be considered employees of the City of Burbank.
2. REQUIREMENTS
During the hours of operation established by the City, Consultant shall manage, operate, direct, and supervise a first-class public parking enforcement operation throughout the term of the PSA. Services to be provided by Consultant in connection therewith will include without limitation the following:
a. Management and operation of the parking enforcement services, including supervision of the parking enforcement employees, Mobile License Plate Recognition (LPR) equipped enforcement vehicles, administration, and monitoring of citation issuance in accordance with the California Vehicle Code (hereinafter “CVC”) and the Burbank Municipal Code (hereinafter “BMC”).
These enforcement responsibilities shall include, but are not limited to:
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16 • Safety regulations as posted or marked at the curb • Residential permit parking districts as posted
• Metered locations as posted (future installation)
• Time limited parking
• Alleys
• Temporary parking restrictions as posted or marked at the curb • Citizen requests for enforcement such as a blocked driveway • Citizen requests for enforcement such as parking on private property without consent
• Accessible (Disabled) spaces
• Developing procedures to ensure enforceability of the issuance and processing of citations in accordance with CVC and BMC requirements • Appearing and providing testimony at administrative or court proceedings or appeals hearings related to the issuance of parking citations
b. Operation and maintenance of all parking enforcement technology required to perform contracted services, including, but not limited to, Mobile LPR vehicles, hardware, and software, any enforcement handheld devices, unified management system, operating systems, and antivirus software. The Consultant shall integrate operations with the City’s chosen multi-space and single-space meters (future installation), citation processing system and permit system.
c. Employment of such parking enforcement and other personnel for the management and operation of the enforcement services;
d. Maintenance of accounting records of all income and expenses related to the management and operation of the enforcement services;
e. Maintenance of all equipment, materials, and workspaces in a professional condition to ensure representation of a first-class parking enforcement system on behalf of the City;
f. Coordination with selected vendors for future implementation of license plate as permit preferential and residential parking permit districts;
g. Coordination with City of Burbank Police Department with enforcement duties and ongoing efforts daily;
h. Periodic consultation with the City on matters relating to the management and operation of the enforcement services, including providing the City with recommendations on how to increase the efficiency and lower the cost of parking enforcement operations; and
i. Periodic consultation with the City on matters related to technology, innovation, ATTACHMENT 1
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17 and operations that may increase the efficiency and lower the cost of parking enforcement operations.
3. STANDARD OF CARE
In its execution of the PSA, the Consultant shall prioritize customer service, financial performance, and innovation.
a. Customer Service: The Consultant and its staff shall always conduct themselves in a professional and courteous manner toward the City, its residents, and visitors. The Consultant and staff shall strive to achieve the City’s goals of providing exceptional customer service.
b. Financial performance: The Consultant and its staff shall maintain a regular and consistent schedule to enforce applicable time limits and vehicle codes in its areas of responsibility.
c. Innovation: The Consultant shall continuously seek ways to leverage existing technologies to make its operation more efficient. The Consultant shall also recommend to the City emerging technologies that may also increase operational efficiency, such as real-time location and reporting of parking enforcement personnel through GPS tracking.
4. APPLICABLE CONDITIONS
Other applicable conditions include, but are not limited to the following:
a. Consultant shall administer payment for all operating costs as detailed;
b. Consultant shall not have rights to install advertising signage or messaging inside or around the vehicles, employees, and facilities without City approval.
5. ADDITIONS AND DELETIONS
The City retains the right during the Term to modify enforcement zones and service provision areas, including public roadways, on a temporary or permanent basis for any reason including, but not limited to the following:
a. To provide additional parking spaces;
b. To repair one or more sections of the enforcement zones or service provisions areas;
c. To increase the number of spaces available for parking by acquisition or devotion of additional land, redesign, restriping, or otherwise; d. To decrease the number of spaces or close the Facilities for any purpose;
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
18 e. To convert all or part of the Facilities to another use; and
f. Construction zones.
Consultant shall make a best effort to accommodate these changes in its operation of the parking enforcement services.
Consultant shall update the general Operation and Maintenance Plan (as defined in section 6) to accommodate any permanent changes; the revised general Operation and Maintenance Plan will be subject to approval by the City.
6. OPERATION AND MAINTENANCE PLAN
Consultant shall provide and maintain a detailed and up -to-date Operations and Maintenance Plan that includes the following:
a. Standards for hiring employees and personnel policies, background checks, and performance standards. Policies will include standards for employee comportment, appearance, identification, and provision of information to customers.
b. Procedures for issuing citations to include at a minimum the following:
• Management of citations issued by shift;
• Percent of shift time spent in field enforcement;
• Collections procedures;
• Reconciliation.
c. Management approach and working relationship with City.
d. Integration process(es) for Consultant’s enforcement and citation issuance software and hardware with the City’s citation processing system, and permit system.
e. Maintenance plan for the vehicles serving the City.
f. Copies of all forms used to track, reconcile, and report citation issuance as well as forms that are delivered to City including but not limited to monthly operating statement, general journal, payroll analysis, daily and monthly citations summaries.
g. Any additional items related to operations or maintenance plans not included above.
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
19 7. STAFFING
Consultant shall provide current and future updates to its company organizational chart and resumes for the key staff members managing parking enforcement services. Key personnel shall consist of the following positions:
a. Project Manager;
b. Lead Parking Enforcement Representative (LPER)
c. Parking Enforcement Representative Personnel (PERs).
Actual level of staffing will be based on City approved optimal staffing levels.
Minimum staffing levels will be scalable based on the needs as determined by the City; staffing levels are anticipated to range between four (4) to ten (10) full time employees (FTE), with each FTE staffed at a 40-hour work week. Consultant shall provide sufficient staffing to perform the services outlined in the RFP.
Consultant shall provide the City with pertinent contact information for a minimum of one local staff member that shall be available 24/7 for emergency and operational needs.
Other than in special or emergency situations, Consultant shall provide all job-related training prior to employee assignment. In a special or emergency situation, training may be given on-site and at the time of assignment. Training not given at time of assignment shall be given within seven (7) calendar days of assignment. The City’s representative will determine when a special or emergency situation occurs, pursuant to, but not limited to the definitions below:
An emergency is any unexpected situation which prevents or substantially compromises the performance of City services. Emergencies include, but are not limited to, power outages, earthquakes and other natural disasters, civil unrest, and bomb threats.
The Consultant is solely responsible for personnel hiring and termination, training, staffing, and deployment to ensure all posts are filled; conducting employee performance evaluation, imposing corrective action/discipline, and managing all aspects of payroll and benefits for Consultant’s employees. PERs shall be on field assignment no later than 20 minutes from start time and until no earlier than 20 mins before end of shift.
Enforcement staff shall have the education, skills, and qualities required to fulfill the tasks outlined in the PSA, including the ability to use Consultant supplied vehicles and other equipment prior to being assigned. The Consultant shall provide each employee assigned to provide parking enforcement services with at least 56 hours of initial job- related training and any necessary re-training or follow-up training required to correct deficiencies in performance.
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
20 In addition, Consultant shall ensure each employee assigned to provide parking enforcement services receives a minimum of eight (8) hours of relevant in-service training per year. Training shall cover such topics as changes in the law, new aspects of the City’s parking program, refresher or expanded training in customer relations, etc.
The schedule, subjects, and content of such training shall be approved in advance by City representative.
The City shall not compensate for training of potential/new employees, in-service training, equipment needed to provide said training, or personnel assigned to train any officer.
The City retains the right to review and direct modification of any employee training program. Training shall include, but not be limited to, the following:
• Information on parking statutes, laws, ordinances, regulations, and resolutions enacted by the Federal Government, the State of California, and the City of Burbank;
• Parking enforcement programs and policies adopted by the City of Burbank; • Operation of equipment, including instruction on communications procedures, radio devices, citation devices, vehicle use, public relations, customer service, and conflict mitigation techniques;
• Tasks and responsibilities under regular and emergency operating conditions; • Physical layout of the City; and
• Customer service and public relations.
All on-site staff members shall be trained in daily operations as well as in customer service. Consultant and its staff will conduct themselves in a helpful and courteous manner toward the City, its residents, and visitors at all times. The City retains final approval of all staff assigned to subject duties, and from time to time, may ask for staff to be reassigned based on performance or other basis.
During the initial implementation of the PSA, City may, at its sole discretion, offer training to Consultant’s enforcement staff for a period to be determined by mutual agreement between City and Consultant . Consultant shall be solely responsible for the training of its staff upon the conclusion of the initial implementation phase. City reserves the right to require Consultant to provide additional training to its staff as needed.
Consultant and its sub-contractors will comply with all City standards and requirements for employees including the completion of standard background and motor vehicle checks on each employee. The City reserves the right to conduct additional background checks on Consultant’s staff members working in the City.
City reserves the right to require Consultant to provide additional or alternative personnel or to modify its operating procedures if, in the sole discretion of the City, Consultant’s management and performance of the services creates congestion, ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
21 interferes with traffic circulation, or causes material inconvenience for customers.
Consultant agrees it does not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, military status, and/or on the basis of any other protected class or characteristic in any of its activities or operations.
8. PROJECT MANAGEMENT
The Consultant’s designated Project Manager (PM) shall maintain the responsibility for oversight of the contracted services, acting as the single point of contact between the City and Consultant during the Term.
9. PARKING ENFORCEMENT OFFICE
Consultant shall base operations at a work location designated by the City for its use.
Consultant shall identify minimum office utility needs and best practices in its Operation and Maintenance Plan. Citizens and customers who must speak with someone in person may be directed to the PD front desk.
10. EQUIPMENT AND SUPPLIES
Consultant shall provide all necessary office supplies and equipment to fulfill the terms of the PSA. These items will include but not be limited to standard office items.
11. UNIFORMS AND STAFF IDENTIFICATION
The Consultant shall provide uniforms to all staff members. Consultant shall also provide staff members with photo identification, name tags, and badges that clearly state the company name and the staff person’s name. City must approve all uniforms and all staff must be clearly identifiable as conducting business on behalf of the City.
12. MAINTENANCE REQUIREMENT
Consultant shall maintain all enforcement tools, including mobile LPR vehicles and citation issuance hardware, in a clean and safe condition consistent with other first class parking enforcement operations. Maintenance requirements shall include but not be limited to:
a. Daily policing of common areas;
b. Regular enforcement fleet vehicle maintenance; and
c. Maintenance of the parking enforcement handheld equipment and signage.
Additionally, Consultant’s responsibilities shall include but not be limited to any spare equipment not available for maintenance or repair. Consultant must provide identical replacement for items which have exceeded useful life. Consultant can determine how many spare parts are needed per component.
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
22 All maintenance services provided by Consultant shall be subject to City review, inspection, and verification. The City may review, inspect, and verify any activity and reporting requirements at any time without notice.
13. ENFORCEMENT VEHICLE SPECIFICATIONS
Consultant shall provide parking enforcement vehicles for each assigned on-duty parking enforcement staff member conducting services under the PSA. The vehicles will be equipped with LPR technology that can detect visible license plate data, both on- street and in off-street facilities, at a read rate of 98% while driving up to 25 MPH.
The City may approve alternative enforcement vehicles, such as bicycle or Segway, for any enforcement zone where automotive enforcement is not desired or an optimal solution.
The preference for enforcement vehicle power is petroleum-electric hybrid engines.
Consultant may propose traditional petroleum powered vehicles if value is demonstrated to the City. The Consultant may not use vehicles with fully electric engines.
The vehicles and LPR systems shall be able to operate in inclement weather.
Consultant’s Mobile LPR units utilize vehicle mounted cameras that read and record visible license plate numbers as an enforcement vehicle is driven through the enforcement zones. Accurate reads of detected plates will be N = 90% for a full plate read, N-1 = 98% for license plate less 1 character, N-2 = 99% for license plate less 2 characters. The cameras use a series of algorithms to convert the photographic image of license plates into text data that can be compared with lists or databases of paid or permitted license plates, to determine if the vehicle has the right to park in that particular location at that particular time. A processor is installed in the vehicle’s trunk or in the floor, and a laptop is installed on the dashboard, between the front seats.
Consultant’s LPR software provided can integrate multi-space meter software, pay- by-cell software, permit software, and other databases such as PD, to not only identify paid and unpaid parkers, but also stolen or otherwise significant license plates. If the LPR camera reads a plate that is not recorded as registered or paid, or has been otherwise identified as searchable, an audible alarm sounds to alert the driver, who can then take the appropriate action.
Consultant’s Mobile LPR will be used to enforce time restricted parking, as the software timestamps every image. The software can be programmed to identify license plates that parked beyond the time limits of that particular zone.
Consultant’s LPR will be used to enforce residential, business, and employee permits. Registration will be available on-line and can be done 24/7. Permit holders can enter their own data. The permit software allows individuals to register more than one ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
23 vehicle (for owners with multiple cars), while enforcement can restrict usage to one or more vehicle at a time. Permits can also be restricted to days, timeframes and even locations. The LPR system includes GPS monitoring to enable it to identify and segregate parking zones.
14. USE OF PARKING ENFORCEMENT VEHICLES
Consultant shall manage, operate, and maintain the enforcement vehicles for parking enforcement duties only in accord with guidelines set forth by City. Consultant shall not use the enforcement vehicles for purposes other than those required under the PSA. All vehicles must be clearly identifiable as conducting business on behalf of the City.
The City reserves the right to itself and others for supplementary and complimentary uses, including other revenue generating activities, at City’s sole discretion.
15. ENFORCEMENT HANDHELD UNITS
Consultant shall provide parking enforcement handheld units as approved by the City for each assigned on-duty parking enforcement staff member conducting services under this PSA. Enforcement handhelds enable staff to generate automated parking citations. LPR identifies paid and unpaid license plates and communicates to enforcement citation handhelds. Enforcement handheld devices with two-way communications enable enforcement officers to receive data directly from MSM software, PbC software, and other peripherals such as back-end citation management systems and/or motor vehicle checks. All citation information can be sent in real time from the handheld to the courts and is available immediately as opposed to a batch mode process. PERs can work more efficiently because all violation data on handhelds is in real time. Supervisors can also monitor staff locations and progress. Enforcement handhelds that do not communicate in real time store all citation information in the device and download it to the server at the end of the officers’ shift. The City currently utilizes service provider Duncan Solutions for parking citation management and collection services and reserves the right to utilize another parking citation management collection service at its discretion. Consultant’s handheld equipment shall be compatible with this provider as well as with other industry contemporary parking citation management and collection vendor software. The City reserves the right to utilize the Consultant’s handheld equipment or units provided by the City.
16. HOURS OF OPERATION
The City shall reasonably determine the hours of operation, which shall remain adjustable and scalable (upon provision of advance notification to Consultant) based on the needs of the City. The City of Burbank generally enforces parking regulations from 6:00 a.m. to 10:00 p.m., Sunday through Saturday. Services required outside of the general enforcement timeframe will be discussed and scheduled on an as- needed basis by the City and the Consultant.
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
24 17. PARKING CITATION RATES/ANNUAL REVIEW
Parking citation fee rates are established by and will be regulated solely by the City with recommendations from the Consultant. Consultant shall provide a “Market Survey and Analysis” of parking citation rates at nearby comparable jurisdictions for the City’s review on an annual basis throughout the term of the PSA and any extensions. The comparable jurisdictions and timetable for the annual review will be selected by the City. The review shall include the citation fees charged by comparable jurisdictions as well as any recommended rate changes and supporting rationale prescribed by the Consultant. The annual review must also include a review of complaints against the Consultant and how Consultant addressed such complaints.
18. REPORTING
Consultant shall provide for accounting purposes, within fifteen (15) days after the end of each accounting month, a detailed written statement of revenue and expense incurred during the preceding month, including payroll rates and actual hours worked for assigned employees.
Monthly report shall include a summary of budget to actual citations issued and expense comparison of line items and explanations for any variations from the approved Schedule of Compensation (Exhibit B).
Consultant shall also provide daily and monthly reports on maintenance, customer service, incident, accident, occupancy, complaints, and other performance reports as may be required by City. Consultant shall submit a detailed list of any other management reports reasonably deemed necessary by Consultant and City in accordance with the PSA.
19. CUSTOMER COMPLAINTS
Consultant shall have a methodology for handling customer complaints and reporting the nature and reasonable disposition to City. The methodology shall emphasize a very high level of customer service that includes prompt responses to complaints, and thorough, timely documentation of all respondent activity.
20. COST OF OPERATIONS
Labor City shall reimburse Consultant at a fixed hourly rate for those direct labor costs and inclusive expenses that are reasonably necessary for the efficient operation of the contracted services. Reimbursement of direct expenses shall be only to the extent that same are actually paid or incurred by Consultant in the performance of its services.
Such fixed rate labor expenses shall include the aggregate of salaries and wages, ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
25 payroll taxes, insurance requirements as listed in the City’s Professional Service Agreement , health, welfare, pension, and retirement benefits and other funds that Consultant is required to pay in accordance with governmental regulations, a Collective Bargaining Agreement or Consultant’s employee benefits program for the personnel exclusively engaged in the management and operation of the services, general liability and legal liability insurances, vehicles, supplies, uniforms, general equipment maintenance, business license and related fees, and all other necessary and reasonable direct costs related to the services provided.
An hourly rate table breaking down such fixed rate labor expenses shall be provided in the Operations and Maintenance Plan along with a description of benefits and details of expense prices.
Notwithstanding the above, Consultant shall invoice City for labor at the overtime premium rate only when overtime premium services have been specifically authorized in writing in advance by City. If an open position must be temporarily filled by Consultant with a fully trained parking enforcement employee not regularly assigned to the services and the employee’s prior work schedule requires payment at an overtime premium rate, Consultant shall compensate the employee at the appropriate rate of pay but will invoice City only at the employee’s regular fully burdened rate of pay.
Fixed labor rate expenses shall not include any payments to affiliates of Consultant exceeding an amount that would have been paid to a third-party for similar services, nor shall operating expenses include Consultant ’s general overhead expense or any of the following:
a. Administrative and related costs and expenses incurred in the operation of the facilities or other operations of Consultant, as they are incurred in the general management of the affairs of the facilities or Consultant’s other operations, including the monitoring of the operation and management of the services;
b. Maintenance of the general books and records of Consultant; c. Office supplies and equipment used by Consultant that are not used exclusively for the services;
d. Payroll mark-ups by Consultant, telephone, computer, data processing fees (excluding payroll processing fees), administrative mark -ups and/or travel expense related to the management of the services (except for the direct cost of telephone located at the services); and
e. The cost of compensation for any personnel above the level of Project Manager working at the services in any capacity other than as a full or part- time employee without direct responsibility for the services.
21. FINANCE AND ACQUISITION OF EQUIPMENT
Consultant shall, on behalf of City and subject to reimbursement as provided in the Schedule of Compensation (Exhibit B) procure vehicles , all associ ated vehicle ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
26 equipment (LPR, lightbar, signage, etc.) , and vehicle outfitting necessary to provide services in accordance with the Agreement.
Notwithstanding anything to the contrary of the Agreement, without penalty, the City may at any time, in City’s discretion, prepay any installment(s) or the full outstanding principal and accrued interest owed under the amortization schedule in Exhibit B to the Consultant. In the event the City prepays the principal and accrued interest owed, City shall not be responsible for the as-yet unpaid interest payments that the City would have owed if the City had continued to pay installments pursuant to the amortization schedule in Exhibit B.
City acknowledges that (i) the equipment is personal property and shall not constitute a fixture, and (ii) City does not own the equipment and City shall not have or acquire any right, title or interest in or to the equipment at any time under the Agreement. Title to the equipment shall be retained by Consultant or an equipment financier, subject only to any security interest or assignment that Consultant may grant to such equipment financier.
City shall not suffer or permit any lien or encumbrance to attach to the Equipment. City shall refrain from taking any action to bar, restrain or otherwise prevent Contractor, its representatives, agents, secured parties, successors or assigns from across the equipment, and hereby grants to said parties the right of access to the equipment for the purpose of inspecting or, after an event of default under or the expiration of term of the Agreement, taking possession of and removing the equipment at any reasonable time or times.
In the event the Agreement is terminated for any reason by either party , City shall pay Consultant, on or before the effective date of any such termination, the remaining principal balance, if any, for any equipment purchased for the City by the Consultant, provided such equipment have been authorized by the City. Set forth in Exhibit B hereto is an initial list of such equipment, a compensation schedule, and an amortization term in connection therewith.
At the termination of the Agreement, on or before the effective date of any such termination, upon payment of any remaining principal balance the equipm ent becomes the property of the City and the Consultant shall transfer title of the equipment to the City.
22. FUEL
Fuel shall be incurred as a cost to the City through the direct provision of fuel for the exclusive purposes of providing services in accordance with the Agreement. If during the Term the City is no longer able or no longer desires to provide fuel directly for these purposes, fuel shall be billed by the Consultant separately as a passthrough to the City ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
27 through the submission of a separate invoice along with individual fuel purchase receipts.
23. SIGNAGE
Consultant shall not install any signage or modify any existing signage without City’s prior written consent, which City may give, deny, or condition in City’s sole discretion.
24. EMERGENCY PROCEDURES
In the event of a major emergency or natural or man-made disaster, Consultant shall make available its personnel, transportation, and communication resources for emergency assistance under direction of the Burbank Police Department Traffic Bureau Lieutenant or Director of Public Works. If such service requires hours in excess of the base requirement, the City shall pay for the services on an overtime basis.
25. TECHNICAL REQUIREMENTS
a. NETWORK SECURITY
Consultant’s proposed solution shall integrate with existing City parking applications for citation processing (currently Duncan Solutions) and parking permits (currently Passport) for residential, commercial, and employees.
b. DATA STORAGE, ACCESS, AND OWNERSHIP
The data collected by Consultant shall be stored in a server designated by the City. The City will own all data collected, processed, and analyzed by the Consultant. The City shall have access to all digitally stored dated at all times. The City, at its sole discretion, may grant access to the data to a third party.
The Consultant shall not use data collected in the City for purposes other than fulfillment of the PSA without the approval of the City. c. OPERATING SYSTEMS
All office computers used by Consultant for the fulfilment of the PSA shall use Operating Systems (OS) that are licensed and within the OS’s interval of mainstream support.
The installation of OS service packs, updates, and patches must be scheduled and performed with minimal impact upon the enforcement operation.
In the event of critical OS failures, the Consultant shall, at its own expense, restore and replace the system.
d. SOFTWARE LICENSES
All software used by Consultant during the term of the PSA shall be licensed on ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
28 behalf of the City.
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
29 EXHIBIT B
SCHEDULE OF COMPENSATION
The total compensation (including, any reasonable costs, expenses or reimbursements) payable by the City to the Consultant shall not exceed the Cost of Services as set forth in Section 3.0.
To the extent that the Schedule of Compensation includes any travel, hotel or other reimbursable expenses, such expenses shall be for actual and reasonable expenses incurred in the performance of the Scope of Services.
The Consultant and the City agree that the Consultant shall earn its compensation according to the following method:
• Time and Materials: The City shall pay for the services on a time and materials basis.
Consultant shall invoice the City on a monthly basis for all applicable services incurred.
Time:
Variable Labor Rates: Consultant shall invoice the City for all actual hours of work performed in accordance with the Agreement at the following hourly rates:
Fixed Labor Rates: Consultant shall invoice the City for the cumulative Program Manager costs for work performed in accordance with this Agreement at the following monthly rate:
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
30 Materials:
Fixed Fees Per Vehicle: Consultant shall invoice the City for the cumulative per vehicle costs utilized to conduct work in accordance with this Agreement at the following monthly rate:
One-Time Fees Per Vehicle: Consultant shall invoice the City for the one-time per vehicle costs utilized to conduct work in accordance with this Agreement at the following rate:
Item Year 1 Year 2 (option 1) Year 3 (option 2)
Describe vehicles being provided:
Make/Model:
Toyota Prius (or
comparable model as
approved by the City)
Vehicle Year:
2022 or 2023
Estimated MPG (City):
28 Number of Service Months 12 12 12
Monthly Fee per vehicle $ 2,007.61 $ 2,066.15 $ 2,129.66 Monthly Auto Fixed Fees per vehicle (includes vehicle cost, maintenance, insurance and upkeep (vehicles washed two times per month, all vehicles must be stored in City/PD lots, not to be used for employee transportation to/from City property. **If the City determines fuel to be billed shall be billed at cost with documented receipts, accompanied by a usage report, listing vehicle number, mileage, date(s ) of us age, field coverage detail, etc.). ***Vehicle unit prices are to include ALL vehicle cos ts (vehicle cos t, maintenance, repairs , was hes , equipping, etc.), except fuel. Fuel shall be incurred as a direct cost to the City or separately billed as a passthrough. Vehicles shall be well maintained, i.e. free from any apparent major damage, i.e. dented fenders or doors, missing equipment., shall be in good working (mechanical) order and must project a professional appearance at all times. Vehicles shall be equipped with a License Plate Reader System (LPRS). Recommendations can be made to add lightbars, spotlights, etc. Vehicles shall be marked with signage indicating "Burbank Police Department - Parking Enforcement". Appropriate logos will be provided by the City for production.
Item Lead Time for full
equipping
Equipping vehicle - Adding lightbar,
LPRS, signage
LPR - 4 to 6 weeks
Decals / Signs - 10 days
Additional recommended
equipment:
1x equipping cost per vehicle: $ 30,625.77 Method used for signage (wrap, decal, metallic
signage)
LAZ will utilize its' LA based local partners for
both LPR installation and decals / signage.
N/A
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Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
31 Vehicle Loan Amortization Schedule:
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
32 EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain, for the Term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability : Insurance Services Office Form CG 00 01 covering commercial general liability insurance (“ CGL”) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least $2,000,000.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of Ca lifornia, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability or Errors and Omissions: Errors and Omissions insurance appropriate to the Consultant’s profession (“ E&O Insurance”), with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant ’s insurance ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
33 (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide an endorsement that they are not subject to cancellation without thirty (30) days’ prior written notice to the City or ten (10) days’ prior written notice for non-payment of premium.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Such insurers shall be licensed to provide insurance under California state law.
Claims Made Policies. For the E&O Insurance Policy and any other insurance providing claims-made coverage (e.g., pollution liability insurance, if applicable):
1. The “Retroactive Date” must be shown, and must be before the Effective Date.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the work required under the Agreement.
ATTACHMENT 1
Burbank Police Department Parking Enforcement Services PSA – LAZ Parking California, LLC
34 3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3 ) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement . All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves t he right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
.